116TH CONGRESS
2D SESSION
S. 2299
AN ACT
To amend title 49, United States Code, to enhance the
safety and reliability of pipeline transportation, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
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(a) SHORT TITLE.—This Act may be cited as the
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‘‘Protecting our Infrastructure of Pipelines and Enhanc-
3
ing Safety Act of 2020’’ or the ‘‘PIPES Act of 2020’’.
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(b) TABLE OF CONTENTS.—The table of contents for
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this Act is as follows:
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Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE
Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Liquefied natural gas facility project reviews.
Sec. 111. Updates to standards for liquefied natural gas facilities.
Sec. 112. National Center of Excellence for Liquefied Natural Gas Safety and
Training.
Sec. 113. Prioritization of rulemaking.
Sec. 114. Leak detection and repair.
Sec. 115. Inspection and maintenance plans.
Sec. 116. Consideration of pipeline class location changes.
Sec. 117. Protection of employees providing pipeline safety information.
Sec. 118. Transportation Technology Center.
Sec. 119. Interstate drug and alcohol oversight.
Sec. 120. Savings clause.
TITLE II—LEONEL RONDON PIPELINE SAFETY ACT
Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.
SEC. 2. DEFINITIONS.
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In this Act:
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(1) ADMINISTRATION.—The term ‘‘Administra-
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tion’’ means the Pipeline and Hazardous Materials
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Safety Administration.
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(2) ADMINISTRATOR.—The term ‘‘Adminis-
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trator’’ means the Administrator of the Administra-
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tion.
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(3) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Transportation.
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TITLE I—IMPROVING PIPELINE
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SAFETY AND INFRASTRUCTURE
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SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
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(a) GAS AND HAZARDOUS LIQUID.—Section 60125
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of title 49, United States Code, is amended by striking
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subsection (a) and inserting the following:
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‘‘(a) GAS AND HAZARDOUS LIQUID.—
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‘‘(1) IN GENERAL.—From fees collected under
16
section 60301, there are authorized to be appro-
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priated to the Secretary to carry out section 12 of
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the Pipeline Safety Improvement Act of 2002 (49
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U.S.C. 60101 note; Public Law 107–355) and the
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provisions of this chapter relating to gas and haz-
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ardous liquid—
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‘‘(A) $147,000,000 for fiscal year 2020, of
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which—
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‘‘(i) $9,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
2
provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $60,000,000 shall be used for
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making grants;
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‘‘(B) $151,000,000 for fiscal year 2021, of
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which—
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‘‘(i) $9,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
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provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $63,000,000 shall be used for
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making grants;
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‘‘(C) $155,000,000 for fiscal year 2022, of
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which—
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‘‘(i) $9,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
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provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $66,000,000 shall be used for
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making grants; and
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‘‘(D) $159,000,000 for fiscal year 2023, of
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which—
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‘‘(i) $9,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
2
provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $69,000,000 shall be used for
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making grants.
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‘‘(2) TRUST FUND AMOUNTS.—In addition to
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the amounts authorized to be appropriated under
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paragraph (1), there are authorized to be appro-
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priated from the Oil Spill Liability Trust Fund es-
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tablished by section 9509(a) of the Internal Revenue
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Code of 1986 to carry out section 12 of the Pipeline
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Safety Improvement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355) and the provisions of
14
this chapter relating to hazardous liquid—
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‘‘(A) $25,000,000 for fiscal year 2020, of
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which—
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‘‘(i) $3,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
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provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $10,000,000 shall be used for
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making grants;
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‘‘(B) $26,000,000 for fiscal year 2021, of
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which—
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‘‘(i) $3,000,000 shall be used to carry
1
out section 12 of the Pipeline Safety Im-
2
provement Act of 2002 (49 U.S.C. 60101
3
note; Public Law 107–355); and
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‘‘(ii) $11,000,000 shall be used for
5
making grants;
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‘‘(C) $27,000,000 for fiscal year 2022, of
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which—
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‘‘(i) $3,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
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provement Act of 2002 (49 U.S.C. 60101
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note; Public Law 107–355); and
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‘‘(ii) $12,000,000 shall be used for
13
making grants; and
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‘‘(D) $28,000,000 for fiscal year 2023, of
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which—
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‘‘(i) $3,000,000 shall be used to carry
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out section 12 of the Pipeline Safety Im-
18
provement Act of 2002 (49 U.S.C. 60101
19
note; Public Law 107–355); and
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‘‘(ii) $13,000,000 shall be used for
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making grants.
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‘‘(3) UNDERGROUND
NATURAL
GAS
STORAGE
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FACILITY
SAFETY
ACCOUNT.—From fees collected
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under section 60302, there is authorized to be ap-
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propriated to the Secretary to carry out section
1
60141 $8,000,000 for each of fiscal years 2020
2
through 2023.’’.
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(b) OPERATIONAL EXPENSES.—Section 2(b) of the
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PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515)
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is amended by striking paragraphs (1) through (4) and
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inserting the following:
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‘‘(1) $24,000,000 for fiscal year 2020.
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‘‘(2) $25,000,000 for fiscal year 2021.
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‘‘(3) $26,000,000 for fiscal year 2022.
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‘‘(4) $27,000,000 for fiscal year 2023.’’.
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(c) ONE-CALL NOTIFICATION PROGRAMS.—Section
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6107 of title 49, United States Code, is amended by strik-
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ing ‘‘$1,058,000 for each of fiscal years 2016 through
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2019’’ and inserting ‘‘$1,058,000 for each of fiscal years
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2020 through 2023’’.
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(d)
EMERGENCY
RESPONSE
GRANTS.—Section
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60125(b)(2) of title 49, United States Code, is amended
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by striking ‘‘fiscal years 2012 through 2015’’ and insert-
19
ing ‘‘fiscal years 2020 through 2023’’.
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(e) PIPELINE SAFETY INFORMATION GRANTS
TO
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COMMUNITIES.—Section 60130 of title 49, United States
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Code, is amended—
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(1) in subsection (a)(1), in the first sentence,
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by striking ‘‘to local communities and groups of indi-
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viduals (not including for-profit entities)’’ and in-
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serting ‘‘to local communities, Indian Tribes, and
2
groups of individuals (not including for-profit enti-
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ties)’’; and
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(2) by striking subsection (c) and inserting the
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following:
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‘‘(c) FUNDING.—
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‘‘(1) IN
GENERAL.—Out of amounts made
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available under section 2(b) of the PIPES Act of
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2016 (Public Law 114–183; 130 Stat. 515), the
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Secretary shall use $1,500,000 for each of fiscal
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years 2020 through 2023 to carry out this section.
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‘‘(2) LIMITATION.—Any amounts used to carry
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out this section shall not be derived from user fees
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collected under section 60301.’’.
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(f)
DAMAGE
PREVENTION
PROGRAMS.—Section
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60134(i) of title 49, United States Code, is amended in
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the first sentence by striking ‘‘fiscal years 2012 through
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2015’’ and inserting ‘‘fiscal years 2020 through 2023’’.
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(g) PIPELINE INTEGRITY PROGRAM.—Section 12(f)
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of the Pipeline Safety Improvement Act of 2002 (49
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U.S.C. 60101 note; Public Law 107–355) is amended by
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striking ‘‘2016 through 2019’’ and inserting ‘‘2020
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through 2023’’.
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SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.
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(a) INSPECTOR TRAINING.—Not later than 1 year
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after the date of enactment of this Act, the Administrator
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shall—
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(1) review the inspector training programs pro-
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vided at the Inspector Training and Qualifications
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Division of the Administration in Oklahoma City,
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Oklahoma; and
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(2) determine whether any of the programs re-
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ferred to in paragraph (1), or any portions of the
10
programs, could be provided online through tele-
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training or another type of distance learning.
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(b) REPORT.—
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(1) IN GENERAL.—Not later than 1 year after
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the date of enactment of this Act, the Secretary
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shall submit to the Committee on Commerce,
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Science, and Transportation of the Senate and the
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Committees on Transportation and Infrastructure,
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Energy and Commerce, and Science, Space, and
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Technology of the House of Representatives and
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make publicly available on a website of the Depart-
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ment of Transportation a report containing a com-
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prehensive workforce plan for the Administration.
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(2) CONTENTS.—The report under paragraph
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(1) shall include—
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(A) a description of the current staffing at
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the Administration;
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(B) an identification of the staff needed to
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achieve the mission of the Administration over
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the next 10 years following the date of the re-
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port;
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(C) an evaluation of whether the inspector
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training programs referred to in subsection
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(a)(1) provide appropriate exposure to pipeline
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operations and current pipeline safety tech-
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nology;
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(D) a summary of any gaps between the
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current workforce of the Administration and
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the future human capital needs of the Adminis-
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tration; and
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(E) a description of how the Administra-
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tion—
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(i) uses the retention incentives de-
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fined by the Office of Personnel Manage-
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ment; and
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(ii) plans to use those retention incen-
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tives as part of the comprehensive work-
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force plan of the Administration.
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SEC. 103. COST RECOVERY AND FEES FOR FACILITY RE-
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VIEWS.
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(a) FEES FOR COMPLIANCE REVIEWS OF LIQUEFIED
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NATURAL GAS FACILITIES.—Chapter 603 of title 49,
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United States Code, is amended by inserting after section
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60302 the following:
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‘‘§ 60303. Fees for compliance reviews of liquefied
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natural gas facilities
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‘‘(a) IMPOSITION OF FEE.—
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‘‘(1) IN GENERAL.—The Secretary of Transpor-
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tation (referred to in this section as the ‘Secretary’)
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shall impose on a person who files with the Federal
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Energy Regulatory Commission an application for a
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liquefied natural gas facility that has design and
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construction
costs
totaling
not
less
than
15
$2,500,000,000 a fee for the necessary expenses of
16
a review, if any, that the Secretary conducts, in con-
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nection with that application, to determine compli-
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ance with subpart B of part 193 of title 49, Code
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of Federal Regulations (or successor regulations).
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‘‘(2) RELATION TO OTHER REVIEW.—The Sec-
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retary may not impose fees under paragraph (1) and
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section 60117(o) or 60301(b) for the same compli-
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ance review described in paragraph (1).
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‘‘(b) MEANS OF COLLECTION.—
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‘‘(1) IN
GENERAL.—The Secretary shall pre-
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scribe procedures to collect fees under this section.
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‘‘(2) USE
OF
GOVERNMENT
ENTITIES.—The
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Secretary may—
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‘‘(A) use a department, agency, or instru-
5
mentality of the Federal Government or of a
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State or local government to collect fees under
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this section; and
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‘‘(B) reimburse that department, agency,
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or instrumentality a reasonable amount for the
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services provided.
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‘‘(c) ACCOUNT.—There is established an account, to
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be known as the ‘Liquefied Natural Gas Siting Account’,
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in the Pipeline Safety Fund established in the Treasury
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of the United States under section 60301.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
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for chapter 603 of title 49, United States Code, is amend-
17
ed by inserting after the item relating to section 60302
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the following:
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‘‘60303. Fees for compliance reviews of liquefied natural gas facilities.’’.
SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECH-
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NOLOGIES AND APPROACHES.
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(a) IN GENERAL.—Chapter 601 of title 49, United
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States Code, is amended by adding at the end the fol-
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lowing:
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‘‘§ 60142. Pipeline safety enhancement programs
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‘‘(a) IN GENERAL.—The Secretary may establish and
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carry out limited safety-enhancing testing programs dur-
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ing the period of fiscal years 2020 through 2026 to evalu-
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ate innovative technologies and operational practices test-
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ing the safe operation of—
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‘‘(1) a natural gas pipeline facility; or
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‘‘(2) a hazardous liquid pipeline facility.
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‘‘(b) LIMITATIONS.—
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‘‘(1) IN GENERAL.—Such testing programs may
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not exceed—
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‘‘(A) 5 percent of the total miles of haz-
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ardous liquid pipelines in the United States;
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and
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‘‘(B) 5 percent of the total miles of natural
15
gas pipelines in the United States.
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‘‘(2) HIGH POPULATION AREAS.—Any program
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established under subsection (a) shall not be located
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in a high population area (as defined in section
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195.450 of title 49, Code of Federal Regulations).
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‘‘(c) DURATION.—The term of a testing program es-
21
tablished under subsection (a) shall be not more than a
22
period of 4 years beginning on the date of approval of the
23
program.
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‘‘(d) SAFETY STANDARDS.—
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‘‘(1) IN
GENERAL.—The Secretary shall re-
1
quire, as a condition of approval of a testing pro-
2
gram under subsection (a), that the safety measures
3
in the testing program are designed to achieve a
4
level of safety that is greater than, or equivalent to,
5
the level of safety required by this chapter.
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‘‘(2) DETERMINATION.—
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‘‘(A) IN
GENERAL.—The Secretary may
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issue an order under subparagraph (A) of sec-
9
tion 60118(c)(1) to accomplish the purpose of
10
a testing program for a term not to exceed the
11
time period described in subsection (c) if the
12
condition described in paragraph (1) is met, as
13
determined by the Secretary.
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‘‘(B) LIMITATION.—An order under sub-
15
paragraph (A) shall pertain only to those regu-
16
lations that would otherwise prevent the use of
17
the safety technology to be tested under the
18
testing program.
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‘‘(e) CONSIDERATIONS.—In establishing a testing
20
program under subsection (a), the Secretary shall con-
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sider—
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‘‘(1) whether the owners or operators partici-
23
pating in the program have a safety management
24
system in place; a
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