DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS. (a) In General.—Section 60117 of title 49, United States Code, is amended— (1) by redesignating subsections (b) through (o) as subsections (c) through (p), respectively; and (2) by inserting after subsection (a) the following: “(b) Enforcement Procedures.— “(1) Process.—In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor regulations), the Secretary shall— “(A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted; “(B) allow the respondent and the agency to convene 1 or more meetings— “(i) for settlement or simplification of the issues; or “(ii) to aid in the disposition of issues; “(C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted; “(D) allow the respondent to reply to each post-hearing submission of the agency; “(E) allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis; “(F) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter; “(G) require that any order contain findings of relevant fact and conclusions of law; “(H) require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent; “(I) require an order on a petition for reconsideration to be issued not later than 120 days after the date on which the petition is filed; and “(J) allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section 554(e) of title 5. “(2) Open to the public.—A hearing under this section shall be— “(A) noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration; and “(B) in the case of a formal hearing (as defined in section 190.3 of title 49, Code of Federal Regulations (or a successor regulation)), open to the public. “(3) Transparency.— “(A) Agreements, orders, and judgments open to the public.—With respect to each enforcement proceeding under this chapter, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall make publicly available on the website of the Administration— “(i) the charging documents; “(ii) the written response of the respondent, if filed; and “(iii) any consent agreement, consent order, order, or judgment resulting from a hearing under this chapter. “(B) Gao report on pipeline safety program collection and transparency of enforcement proceedings.— “(i) In general.—Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Comptroller General of the United States shall— “(I) review information on pipeline enforcement actions that the Pipeline and Hazardous Materials Safety Administration makes publicly available on the internet; and “(II) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on that review, including any recommendations under clause (iii). “(ii) Contents.—The report under clause (i)(II) shall include— “(I) a description of the process that the Pipeline and Hazardous Materials Safety Administration uses to collect and record enforcement information; “(II) an assessment of whether and, if so, how the Pipeline and Hazardous Materials Safety Administration ensures that enforcement information is made available to the public in an accessible manner; and “(III) an assessment of the information described in clause (i)(I). “(iii) Recommendations.—The report under clause (i)(II) may include recommendations regarding— “(I) any improvements that could be made to the accessibility of the information described in clause (i)(I); “(II) whether and, if so, how the information described in clause (i)(I) could be made more transparent; and “(III) any other recommendations that the Comptroller General of the United States considers appropriate. “(4) Savings clause.—Nothing in this subsection alters the procedures applicable to— “(A) an emergency order under subsection (p); “(B) a safety order under subsection (m); or “(C) a corrective action order under section 60112.” . (b) Conforming Amendments.— (1) Section 60109(g)(4) of title 49, United States Code, is amended by striking “section 60117(c)” and inserting “section 60117(d)”. (2) Section 60117(p) of title 49, United States Code (as redesignated by subsection (a)(1)), is amended, in paragraph (3)(E), by striking “60117(l)” and inserting “subsection (m)”. (3) Section 60118(a)(3) of title 49, United States Code, is amended by striking “section 60117(a)-(d)” and inserting “subsections (a) through (e) of section 60117”.