S.Amdt. 3163

SA 3163. Mrs. FISCHER (for herself, Mr. Booker, Mr. Daines, and Mr.
Peters) submitted an amendment intended to be proposed by her to the
bill S. 2012, to provide for the modernization of the energy policy of
the United States, and for other purposes; which was ordered to lie on
the table; as follows:

At the end, add the following:

[[Page S432]]

TITLE VI--SECURING AMERICA'S FUTURE ENERGY: PROTECTING OUR
INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT

SEC. 6001. SHORT TITLE; REFERENCES.

(a) Short Title.--This title may be cited as the ``Securing
America's Future Energy: Protecting our Infrastructure of
Pipelines and Enhancing Safety Act'' or the ``SAFE PIPES
Act''.
(b) References to Title 49, United States Code.--Except as
otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 49, United States Code.

SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.

(a) Gas and Hazardous Liquid.--Section 60125(a) is
amended--
(1) in paragraph (1), by striking ``there is authorized to
be appropriated to the Department of Transportation for each
of fiscal years 2012 through 2015, from fees collected under
section 60301, $90,679,000, of which $4,746,000 is for
carrying out such section 12 and $ 36,194,000 is for making
grants.'' and inserting the following: ``there are authorized
to be appropriated to the Department of Transportation from
fees collected under section 60301--
``(A) $127,060,000 for fiscal year 2016, of which
$9,325,000 shall be expended for carrying out such section 12
and $42,515,000 shall be expended for making grants;
``(B) $129,671,000 for fiscal year 2017, of which
$9,418,000 shall be expended for carrying out such section 12
and $42,941,000 shall be expended for making grants;
``(C) $132,334,000 for fiscal year 2018, of which
$9,512,000 shall be expended for carrying out such section 12
and $43,371,000 shall be expended for making grants; and
``(D) $135,051,000 for fiscal year 2019, of which
$9,607,000 shall be expended for carrying out such section 12
and $43,805,000 shall be expended for making grants.''; and
(2) in paragraph (2), by striking ``there is authorized to
be appropriated for each of fiscal years 2012 through 2015
from the Oil Spill Liability Trust Fund to carry out the
provisions of this chapter related to hazardous liquid and
section 12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note; Public Law 107-355), $18,573,000, of which
$2,174,000 is for carrying out such section 12 and $4,558,000
is for making grants.'' and inserting the following: ``there
are authorized to be appropriated from the Oil Spill
Liability Trust Fund to carry out the provisions of this
chapter related to hazardous liquid and section 12 of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355)--''
``(A) $19,890,000 for fiscal year 2016, of which $3,108,000
shall be expended for carrying out such section 12 and
$8,708,000 shall be expended for making grants;
``(B) $20,288,000 for fiscal year 2017, of which $3,139,000
shall be expended for carrying out such section 12 and
$8,795,000 shall be expended for making grants;
``(C) $20,694,000 for fiscal year 2018, of which $3,171,000
shall be expended for carrying out such section 12 and
$8,883,000 shall be expended for making grants; and
``(D) $21,108,000 for fiscal year 2019, of which $3,203,000
shall be expended for carrying out such section 12 and
$8,972,000 shall be expended for making grants.''.
(b) Emergency Response Grants.--Section 60125(b)(2) is
amended by striking ``2012 through 2015'' and inserting
``2016 through 2019''.
(c) One-call Notification Programs.--Section 6107 is
amended--
(1) in subsection (a), by striking ``$1,000,000 for each of
fiscal years 2012 through 2015'' and inserting ``$1,060,000
for each of the fiscal years 2016 through 2019''; and
(2) in subsection (b), by striking ``2012 through 2015''
and inserting ``2016 through 2019''.
(d) State Damage Prevention Programs.--Section 60134(i) is
amended by striking ``2012 through 2015'' and inserting
``2016 through 2019''.
(e) Community Pipeline Safety Information Grants.--Section
60130(c) is amended by striking ``2012 through 2015'' and
inserting ``2016 through 2019''.
(f) Pipeline Integrity Program.--Section 12(f) of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note) is amended by striking ``2012 through 2015'' and
inserting ``2016 through 2019''.

SEC. 6003. REGULATORY UPDATES.

(a) In General.--Not later than 120 days after the date of
enactment of this Act, and every 90 days thereafter until a
final rule has been issued for each of the requirements
described under paragraphs (1), (2), and (3), the Secretary
of Transportation shall publish an update on a public website
regarding the status of a final rule for--
(1) regulations required under the Pipeline Safety
Regulatory Certainty and Job Creation Act of 2011 (Public Law
112-90; 125 Stat. 1904) for which no interim final rule or
direct final rule has been issued;
(2) any regulation relating to pipeline safety required by
law, other than a regulation described under paragraph (1),
for which for more than 2 years after the date of the
enacting statute or statutory deadline no interim final rule
or direct final rule has been issued; and
(3) any other pipeline safety rulemaking categorized as
significant.
(b) Contents.--Each report under subsection (a) shall
include--
(1) a description of the work plan for the outstanding
regulation;
(2) an updated rulemaking timeline for the outstanding
regulation;
(3) current staff allocations;
(4) any other information collection request with
substantial changes;
(5) current data collection or research relating to the
development of the rulemaking;
(6) current collaborative efforts with safety experts and
other stakeholders;
(7) any resource constraints impacting the rulemaking
process for the outstanding regulation; and
(8) any other details associated with the development of
the rulemaking that impact the progress of the rulemaking.

SEC. 6004. HAZARDOUS MATERIALS IDENTIFICATION NUMBERS.

The Administrator of the Pipeline and Hazardous Materials
Safety Administration shall--
(1) rescind the implementation of the June 26, 2015 PHMSA
interpretative letter (#14-0178); and
(2) reinstate paragraphs (4) and (5) of section 172.336(c)
of title 49, Code of Federal Regulations, without the
reference to ``gasohol'', as was originally intended in the
March 7, 2013 final rule (PHMSA-2011-0142).

SEC. 6005. STATUTORY PREFERENCE.

The Administrator of the Pipeline and Hazardous Materials
Safety Administration shall prioritize the use of Office of
Pipeline Safety resources for the development of each
outstanding statutory requirement, including requirements for
rulemakings and information collection requests, for a
rulemaking described in a report under section 6003 before
beginning any new rulemaking required after the date of the
enactment of this Act unless the Secretary of Transportation
certifies to Congress that there is a significant need to
move forward with a new rulemaking.

SEC. 6006. NATURAL GAS INTEGRITY MANAGEMENT REVIEW.

(a) Report.--Not later than 18 months after the publication
of a final rule regarding the safety of gas transmission
pipelines (76 Fed. Reg. 53086), the Comptroller General of
the United States shall submit a report to Congress regarding
the natural gas integrity management program.
(b) Contents.--The report under subsection (a) shall
include--
(1) an analysis of the extent to which the natural gas
integrity management program under section 60109(c) of title
49, United States Code, has improved the safety of natural
gas transmission pipelines;
(2) an analysis or recommendations, including consideration
of technical, operational, and economic feasibility,
regarding changes to the program that would prevent
inadvertent releases from pipelines and mitigate any adverse
consequences of an inadvertent release, including changes to
the current definition of high consequence area, or would
expand integrity management beyond high consequence areas;
(3) a review of the cost effectiveness of the legacy class
location regulations;
(4) an analysis of and recommendations regarding what
impact pipeline features and conditions, including the age,
condition, materials, and construction of a pipeline, should
have on risk analysis of a particular pipeline;
(5) a description of any challenges affecting Federal or
State regulators in their oversight of the program and how
the challenges are being addressed; and
(6) a description of any challenges affecting the natural
gas industry in complying with the program, and how the
challenges are being addressed.
(c) Definition of High Consequence Area.--In this section
and in section 6007, the term ``high consequence area'' means
an area described in section 60109(a) of title 49, United
States Code.

SEC. 6007. HAZARDOUS LIQUID INTEGRITY MANAGEMENT REVIEW.

(a) Safety Study.--Not later than 18 months after the
publication of a final rule regarding the safety of hazardous
liquid pipelines (80 Fed. Reg. 61610), the Comptroller
General of the United States shall submit a report to
Congress regarding the hazardous liquid integrity management
program.
(b) Contents.--The report under subsection (a) shall
include--
(1) an analysis of the extent to which liquid pipeline
integrity management in high consequence areas for operators
of certain hazardous liquid pipeline facilities, as regulated
under sections 195.450 and 195.452 of title 49, Code of
Federal Regulations, has improved the safety of hazardous
liquid pipelines;
(2) recommendations, including consideration of technical,
operational, and economic feasibility, regarding changes to
the program that could prevent inadvertent releases from
pipelines and mitigate any adverse consequences of an
inadvertent release, including changes to the current
definition of high consequence area;
(3) an analysis of how surveying, assessment, mitigation,
and monitoring activities, including real-time hazardous
liquid pipeline monitoring during significant flood events
and information sharing with other Federal agencies, are
being used to address risks associated with the dynamic and
unique nature of rivers, flood plains, and lakes;
(4) an analysis of and recommendations regarding what
impact pipeline features and

[[Page S433]]

conditions, including the age, condition, materials, and
construction of a pipeline, should have on risk analysis of a
particular pipeline and what changes to the definition of
high consequence area could be made to improve pipeline
safety; and
(5) a description of any challenges affecting Federal or
State regulators in their oversight of the program and how
the challenges are being addressed.

SEC. 6008. TECHNICAL SAFETY STANDARDS COMMITTEES.

Section 60115(b)(4)(A) is amended by striking ``State
commissioners. The Secretary shall consult with the national
organization of State commissions before selecting those 2
individuals.'' and inserting ``State officials. The Secretary
shall consult with national organizations representing State
commissioners or governors when making a selection under this
subparagraph.''

SEC. 6009. INSPECTION REPORT INFORMATION.

(a) In General.--Not later than 30 days after the
completion of a pipeline safety inspection, the Administrator
of the Pipeline and Hazardous Materials Safety
Administration, or the State authority certified under
section 60105 of title 49, United States Code, shall--
(1) conduct a post-inspection briefing with the operator
outlining concerns, and to the extent practicable, provide
written preliminary findings of the inspection; or
(2) issue to the operator a final report, notice of
amendment of plans or procedures, safety order, or corrective
action order, or such other applicable report, notice, or
order.
(b) Report.--
(1) In general.--The Administrator shall submit an annual
report to Congress regarding--
(A) the actions that the Pipeline and Hazardous Materials
Safety Administration has taken to ensure that inspections by
State authorities provide effective and timely oversight; and
(B) statistics relating to the timeliness of the actions
described in paragraphs (1) and (2) of subsection (a).
(2) Cessation of effectiveness.--Paragraph (1) shall cease
to be effective on September 30, 2019.

SEC. 6010. PIPELINE ODORIZATION STUDY.

Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that assesses--
(1) the feasibility of odorizing all combustible gas in
transportation;
(2) the impacts of the odorization of all combustible gas
in transportation on manufacturers, agriculture, and other
end users; and
(3) the relative benefits and costs associated with
odorizing all combustible gas in transportation, including
impacts on health and safety, compared to using other methods
to mitigate pipeline leaks.

SEC. 6011. IMPROVING DAMAGE PREVENTION TECHNOLOGY.

(a) Study.--The Secretary of Transportation, in
consultation with stakeholders, shall conduct a study on
improving existing damage prevention programs through
technological improvements in location, mapping, excavation,
and communications practices to prevent accidental excavation
damage to a pipe or its coating, including considerations of
technical, operational, and economic feasibility and existing
damage prevention programs.
(b) Contents.--The study under subsection (a) shall
include--
(1) an identification of any methods that could improve
existing damage prevention programs through location and
mapping practices or technologies in an effort to reduce
unintended releases caused by excavation;
(2) an analysis of how increased use of GPS digital mapping
technologies, predictive analytic tools, public awareness
initiatives including one-call initiatives, the use of mobile
devices, and other advanced technologies could supplement
existing one-call notification and damage prevention programs
to reduce the frequency and severity of incidents caused by
excavation damage;
(3) an identification of any methods that could improve
excavation practices or technologies in an effort to reduce
pipeline damages;
(4) an analysis of the feasibility of a national data
repository for pipeline excavation accident data that creates
standardized data models for storing and sharing pipeline
accident information; and
(5) an identification of opportunities for stakeholder
engagement in preventing excavation damage.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives regarding the study under this section,
including recommendations, that include the consideration of
technical, operational, and economic feasibility, on how to
incorporate, into existing damage prevention programs,
technological improvements and practices that may help
prevent accidental excavation damage.

SEC. 6012. WORKFORCE OF PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION.

(a) Review.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall submit to
Congress a review of Pipeline and Hazardous Materials Safety
Administration staff resource management, including
geographic allocation plans, hiring challenges, and expected
retirement rates and strategies. The review shall include
recommendations to address hiring challenges, training needs,
and any other identified staff resource challenges.
(b) Critical Hiring Needs.--
(1) In general.--Beginning on the date on which the review
is submitted under subsection (a), the Administrator may
certify to Congress, not less frequently than annually, that
a severe shortage of qualified candidates or a critical
hiring need exists for a position or group of positions in
the Pipeline and Hazardous Material Safety Administration.
(2) Direct hire authority.--Notwithstanding sections 3309
through 3318 of title 5, United States Code, the
Administrator, after making a certification under paragraph
(1), may hire a candidate for the position or candidates for
the group of positions indicated in the certification, as
applicable.
(3) Terminations of effectiveness.--The direct hire
authority provided under paragraph (2) shall terminate on
September 30, 2019.

SEC. 6013. RESEARCH AND DEVELOPMENT.

(a) In General.--In developing a research and development
program plan under paragraph (3) of section 12(d) of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note), the Administrator of the Pipeline and Hazardous
Material Safety Administration, in consultation with the
Assistant Secretary for Research and Technology, shall--
(1) detail compliance with the consultation requirement
under paragraph (2) of such section;
(2) provide opportunities for joint research ventures with
non-Federal entities, whenever practicable and appropriate,
to leverage limited Federal research resources; and
(3) permit collaborative research and development projects
with appropriate non-Federal organizations.
(b) Collaborative Safety Research Report.--Section
60124(a)(6) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) research activities in collaboration with non-Federal
entities, including the intended improvements to safety
technology, inspection technology, operator response time,
and emergency responder incident response time.''.

SEC. 6014. INFORMATION SHARING SYSTEM.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation
shall convene a working group to consider the development of
a voluntary no-fault information sharing system to encourage
collaborative efforts to improve inspection information
feedback and information sharing with the purpose of
improving natural gas transmission and hazardous liquid
pipeline integrity risk analysis.
(b) Membership.--The working group described in subsection
(a) shall include representatives from--
(1) the Pipeline and Hazardous Materials Safety
Administration;
(2) industry stakeholders, including operators of pipeline
facilities, inspection technology vendors, and pipeline
inspection organizations;
(3) safety advocacy groups;
(4) research institutions;
(5) State public utility commissions or State officials
responsible for pipeline safety oversight;
(6) State pipeline safety inspectors; and
(7) labor representatives.
(c) Considerations.--The working group described in
subsection (a) shall consider and provide recommendations, if
applicable, to the Secretary on--
(1) the need for and the identification of a system to
ensure that dig verification data is shared with inline
inspection operators to the extent consistent with the need
to maintain proprietary and security sensitive data in a
confidential manner to improve pipeline safety and inspection
technology;
(2) ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline
inspection technologies and enhanced risk analysis;
(3) opportunities to share data, including dig verification
data between operators of pipeline facilities and in-line
inspector vendors to expand knowledge of the advantages and
disadvantages of the different types of in-line inspection
technology and methodologies;
(4) options to create a secure system that protects
proprietary data while encouraging the exchange of pipeline
inspection information and the development of advanced
pipeline inspection technologies and enhanced risk analysis;
and
(5) regulatory, funding, and legal barriers to sharing the
information described in paragraphs (1) through (4).
(d) FACA.--The working group shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(e) Publication.--The Secretary shall publish the
recommendations provided under

[[Page S434]]

subsection (c) on a publicly available website.

SEC. 6015. NATIONWIDE INTEGRATED PIPELINE SAFETY REGULATORY
DATABASE.

(a) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Transportation shall
submit a report to Congress on the feasibility of a national
integrated pipeline safety regulatory inspection database to
improve communication and collaboration between the Pipeline
and Hazardous Materials Safety Administration and State
pipeline regulators.
(b) Contents.--The report under subsection (a) shall
include--
(1) a description of any efforts currently underway to test
a secure information-sharing system for the purpose described
in subsection (a);
(2) a description of any progress in establishing common
standards for maintaining, collecting, and presenting
pipeline safety regulatory inspection data, and a methodology
for the sharing of the data;
(3) a description of any existing inadequacies or gaps in
State and Federal inspection, enforcement, geospatial, or
other pipeline safety regulatory inspection data;
(4) a description of the potential safety benefits of a
national integrated pipeline database; and
(5) recommendations for how to implement a secure
information-sharing system that protects proprietary and
security sensitive information and data for the purpose
described in subsection (a).
(c) Consultation.--In preparing the report under subsection
(a), the Secretary shall consult with stakeholders, including
each State authority operating under a certification to
regulate intrastate pipelines under section 60105 of title
49, United States Code.

SEC. 6016. UNDERGROUND NATURAL GAS STORAGE FACILITIES.

(a) Defined Term.--Section 60101(a) is amended--
(1) in paragraph (21)(B), by striking the period at the end
and inserting a semicolon;
(2) in paragraph (24), by striking ``and'' at the end;
(3) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(27) `underground natural gas storage facility' means a
gas pipeline facility that stores gas in an underground
facility, including--
``(A) a depleted hydrocarbon reservoir;
``(B) an aquifer reservoir; or
``(C) a solution mined salt cavern reservoir.''.
(b) Standards for Underground Natural Gas Storage
Facilities.--Chapter 601 is amended by inserting after
section 60103 the following:

``Sec. 60103A. Standards for underground natural gas storage
facilities

``(a) Minimum Uniform Safety Standards.--Not later than 2
years after the date of the enactment of the SAFE PIPES Act,
the Secretary of Transportation, in consultation with the
heads of other relevant Federal agencies, shall issue minimum
uniform safety standards, incorporating, to the extent
practicable, consensus standards for the operation,
environmental protection, and integrity management of
underground natural gas storage facilities.
``(b) Considerations.--In developing uniform safety
standards under subsection (a), the Secretary shall--
``(1) consider the economic impacts of the regulations on
individual gas customers to the extent practicable;
``(2) ensure that the regulations do not have a significant
economic impact on end users to the extent practicable; and
``(3) consider existing consensus standards.
``(c) User Fees.--
``(1) In general.--A fee shall be imposed on an entity
operating an underground natural gas storage facility to
which this section applies. Any such fee imposed shall be
collected before the end of the fiscal year to which it
applies.
``(2) Means of collection.--The Secretary shall prescribe
procedures to collect fees under this subsection. The
Secretary may use a department, agency, or instrumentality of
the United States Government or of a State or local
government to collect the fee and may reimburse the
department, agency, or instrumentality a reasonable amount
for its services.
``(3) Use of fees.--
``(A) Account.--There is established an underground natural
gas storage facility safety account in the Pipeline Safety
Fund established under section 60301, in the Treasury of the
United States.
``(B) Use of fees.--A fee collected under this subsection--
``(i) shall be deposited in the underground natural gas
storage facility safety account; and
``(ii) if the fee is related to an underground natural gas
storage facility, may be used only for an activity related to
underground natural gas storage safety under this section.
``(C) Limitation.--Amounts collected under this subsection
shall be made available only to the extent provided in
advance in an appropriation law for an activity related to
underground natural gas storage safety.
``(d) Rules of Construction.--
``(1) In general.--Nothing in this section may be construed
to affect any Federal regulation relating to gas pipeline
facilities that is in effect on the day before the date of
enactment of the SAFE PIPES Act.
``(2) Limitations.--Nothing in this section may be
construed to authorize the Secretary--
``(A) to prescribe the location of an underground natural
gas storage facility; or
``(B) to require the Secretary's permission to construct a
facility referred to in subparagraph (A).''.
(c) Clerical Amendment.--The table of sections for chapter
601 is amended by inserting after the item relating to
section 60103 the following:

``60103A. Standards for underground natural gas storage facilities.''.

SEC. 6017. JOINT INSPECTION AND OVERSIGHT.

To ensure the safety of pipeline transportation, the
Secretary of Transportation shall coordinate with States to
ensure safety through the following:
(1) At the request of a State authority, the Secretary
shall allow for a certified state authority under section
60105 of title 49, United States Code, to participate in the
inspection of an interstate pipeline facility.
(2) Where appropriate, may provide temporary authority for
a certified State authority under that section to participate
in oversight of interstate pipeline safety transportation to
ensure proper safety oversight and prevent an adverse impact
on public safety.

SEC. 6018. RESPONSE PLANS.

In preparing or reviewing a response plan under part 194 of
title 49, Code of Federal Regulations, the Administrator of
the Pipeline and Hazardous Materials Safety Administration
and an operator shall each address, to the maximum extent
practicable, the impact of a worse case discharge of oil, or
the substantial threat of such a discharge, into or on any
navigable waters or adjoining shorelines that may be covered
in whole or in part by ice.

SEC. 6019. HIGH CONSEQUENCE AREAS.

The Secretary of Transportation shall revise section
195.6(b) of title 49, Code of Federal Regulations to
explicitly state that the Great Lakes are a USA ecological
resource (as defined in section 195.6(b) of that title) for
purposes of determining whether a pipeline is in a high
consequence area (as defined in section 195.450 of that
title).

SEC. 6020. SURFACE TRANSPORTATION SECURITY REVIEW.

Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to Congress on the staffing, resource
allocation, oversight strategy, and management of the
Transportation Security Administration's pipeline security
program and other surface transportation programs. The report
shall include information on the coordination between the
Transportation Security Administration, other Federal
stakeholders, and industry.

SEC. 6021. SMALL SCALE LIQUEFIED NATURAL GAS FACILITIES.

(a) Defined Term.--Section 60101(a), as amended by section
6016, is further amended by inserting after paragraph (25)
the following:
``(26) `small scale liquefied natural gas facility' means a
permanent intrastate liquefied natural gas facility (other
than a peak shaving facility) that produces liquefied natural
gas for--
``(A) use as a fuel in the United States; or
``(B) transportation in the United States by a means other
than a pipeline facility; and''.
(b) Siting Standards for Permanent Small Scale Liquefied
Natural Gas Facilities.--Section 60103(a) is amended to read
as follows:
``(a) Location Standards.--
``(1) In general.--The Secretary of Transportation shall
prescribe minimum safety standards for deciding on the
permanent location of a new liquefied natural gas pipeline
facility or small scale liquefied natural gas facility.
``(2) Liquefied natural gas facilities.--In prescribing a
minimum safety standard for deciding on the permanent
location of a new liquefied natural gas facility, the
Secretary of Transportation shall consider--
``(A) the kind and use of the facility;
``(B) the existing and projected population and demographic
characteristics of the location;
``(C) the existing and proposed land uses near the
location;
``(D) the natural physical aspects of the location;
``(E) medical, law enforcement, and fire prevention
capabilities near the location that can cope with a risk
caused by the facility; and
``(F) the need to encourage remote siting.
``(3) Small scale liquefied natural gas facilities.--
``(A) In general.--Not later than 18 months after the date
of the enactment of the SAFE PIPES Act, the Secretary of
Transportation shall prescribe minimum safety standards for
permanent small scale liquefied natural gas facilities.
``(B) Considerations.--In prescribing minimum safety
standards under this paragraph, the Secretary shall
consider--
``(i) the value of establishing risk-based approaches;
``(ii) the benefit of incorporating industry standards and
best practices;
``(iii) the need to encourage the use of best available
technology; and
``(iv) the factors prescribed in paragraph (2), as
appropriate.''.

[[Page S435]]

SEC. 6022. REPORT ON NATURAL GAS LEAK REPORTING.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Pipeline
and Hazardous Materials Safety Administration shall submit to
Congress a report on the metrics provided to the Pipeline and
Hazardous Materials Safety Administration and other Federal
and State agencies related to lost and unaccounted for
natural gas from distribution pipelines and systems.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An examination of different reporting requirements or
standards for lost and unaccounted for natural gas to
different agencies, the reasons for any such discrepancies,
and recommendations for harmonizing and improving the
accuracy of reporting.
(2) An analysis of whether separate or alternative
reporting could better measure the amounts and identify the
location of lost and unaccounted for natural gas from natural
gas distribution systems.
(3) A description of potential safety issues associated
with natural gas that is lost and unaccounted for from
natural gas distribution systems.
(4) An assessment of whether alternate reporting and
measures will resolve any safety issues identified under
paragraph (3), including an analysis of the potential impact,
including potential savings, on rate payers and end users of
natural gas products of such reporting and measures.
(c) Consideration of Recommendations.--If the Administrator
determines that alternate reporting structures or
recommendations included in the report required under
subsection (a) would significantly improve the reporting and
measurement of lost and unaccounted for gas or safety of
systems, the Administrator shall, not later than 180 days
after making such determination, issue regulations, as the
Administrator determines appropriate, to implement the
recommendations.

SEC. 6023. COMPTROLLER GENERAL REVIEW OF STATE POLICIES
RELATING TO NATURAL GAS LEAKS.

(a) Review.--The Comptroller General of the United States
shall conduct a State-by-State review of State-level policies
that--
(1) encourage the repair and replacement of leaking natural
gas distribution pipelines or systems that pose a safety
threat, such as timelines to repair leaks and limits on cost
recovery from ratepayers; and
(2) that may create barriers for entities to conduct work
to repair and replace leaking natural gas pipelines or
distribution systems.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress and the Pipeline and Hazardous Materials Safety
Administration a report summarizing the findings of the
review conducted under subsection (a) and making
recommendations on Federal or State policies or best
practices that may improve safety by accelerating the repair
and replacement of natural gas pipelines or systems that are
leaking or releasing natural gas, including policies within
the jurisdiction of the Pipeline and Hazardous Materials
Safety Administration. The report shall consider the
potential impact, including potential savings, of the
implementation of its recommendations on ratepayers or end
users of the natural gas pipeline system.
(c) Consideration of Recommendations.--If the Comptroller
General makes recommendations in the report submitted under
subsection (a) on Federal or State policies or best practices
within the jurisdiction of the Pipeline and Hazardous
Materials Safety Administration, the Administrator shall, not
later than 90 days after such submission, review such
recommendations and report to Congress on the feasibility of
implementing such recommendations. If the Administrator
determines that the recommendations would significantly
improve pipeline safety, the Administrator shall, not later
than 180 days after making such determination and in
coordination with the heads of other relevant agencies as
appropriate, issue regulations, as the Administrator
determines appropriate, to implement the recommendations.

SEC. 6024. PROVISION OF RESPONSE PLANS TO APPROPRIATE
COMMITTEES OF CONGRESS.

(a) Provision of Response Plans to Appropriate Committees
of Congress.--Notwithstanding subsection (a)(2) of section
60138 of title 49, United States Code, upon the request of
the Chairperson or Ranking Member of an appropriate committee
of Congress, the Administrator of the Pipeline and Hazardous
Materials Safety Administration, shall provide the
Chairperson or Ranking Member, as applicable, an unredacted
copy of a response plan under that section.
(b) Rule of Construction.--Nothing in this section shall be
construed as affecting the provision of any other report,
data, or other information to Congress, or its handling
thereof.

SEC. 6025. CONSULTATION WITH FERC AS PART OF PRE-FILING
PROCEDURES AND PERMITTING PROCESS FOR NEW
NATURAL GAS PIPELINE INFRASTRUCTURE.

Where appropriate, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall consult with
the Federal Energy Regulatory Commission during its pre-
filing procedures and permitting process for new natural gas
pipeline infrastructure to ensure the protection of people
and the environment from the potential risks of hazardous
materials transportation by pipeline.

SEC. 6026. MAINTENANCE OF EFFORT.

Section 60107(b) is amended to read as follows:
``(b) Payments.--After notifying and consulting with a
State authority, the Secretary may withhold any part of a
payment when the Secretary decides that the authority is not
carrying out satisfactorily a safety program or not acting
satisfactorily as an agent. The Secretary may pay an
authority under this section only when the authority ensures
the Secretary that it will provide the remaining costs of a
safety program, except when the Secretary waives this
requirement.''.
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