[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Received in Senate (RDS)]
2d Session
H. R. 5782
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 6, 2006
Received
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to provide for enhanced safety
and environmental protection in pipeline transportation, to provide for
enhanced reliability in the transportation of the Nation's energy
products by pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006''.
(b) Amendment of Title 49, United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or a 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.
(c) Table of Contents.--
Sec. 1. Short title; amendment of title 49, United States Code; table
of contents.
Sec. 2. Pipeline safety and damage prevention.
Sec. 3. Public education and awareness.
Sec. 4. Low-stress pipelines.
Sec. 5. Technical assistance grants.
Sec. 6. Enforcement transparency.
Sec. 7. Direct line sales.
Sec. 8. Petroleum transportation capacity and regulatory adequacy
study.
Sec. 9. Distribution integrity management program rulemaking deadline.
Sec. 10. Emergency waivers.
Sec. 11. Restoration of operations.
Sec. 12. Pipeline control room management.
Sec. 13. Safety orders.
Sec. 14. Integrity program enforcement.
Sec. 15. Incident reporting.
Sec. 16. Senior executive signature of integrity management program
performance reports.
Sec. 17. Cost recovery for design reviews.
Sec. 18. Authorization of appropriations.
Sec. 19. Standards to implement NTSB recommendations.
Sec. 20. Accident reporting form.
Sec. 21. Leak detection technology study.
Sec. 22. Corrosion control regulations.
Sec. 23. Inspector General report.
Sec. 24. Technical assistance program.
Sec. 25. Natural gas pipelines.
Sec. 26. Corrosion technology.
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION.
(a) One Call Civil Enforcement.--
(1) Prohibitions.--Section 60114 is amended by adding at
the end the following:
``(d) Prohibition Applicable to Excavators.--A person who engages
in demolition, excavation, tunneling, or construction--
``(1) may not engage in a demolition, excavation,
tunneling, or construction activity in a State that has adopted
a one-call notification system without first using that system
to establish the location of underground facilities in the
demolition, excavation, tunneling, or construction area;
``(2) may not engage in such demolition, excavation,
tunneling, or construction activity in disregard of location
information or markings established by a pipeline facility
operator pursuant to subsection (b); and
``(3) and who causes damage to a pipeline facility that may
endanger life or cause serious bodily harm or damage to
property--
``(A) may not fail to promptly report the damage to
the owner or operator of the facility; and
``(B) if the damage results in the escape of any
flammable, toxic, or corrosive gas or liquid, may not
fail to promptly report to other appropriate
authorities by calling the 911 emergency telephone
number.
``(e) Prohibition Applicable to Underground Pipeline Facility
Owners and Operators.--Any owner or operator of a pipeline facility who
fails to respond to a location request in order to prevent damage to
the pipeline facility or who fails to take reasonable steps, in
response to such a request, to ensure accurate marking of the location
of the pipeline facility in order to prevent damage to the pipeline
facility shall be subject to a civil action under section 60120 or
assessment of a civil penalty under section 60122.
``(f) Limitation.--The Secretary may not conduct an enforcement
proceeding under subsection (d) for a violation within the boundaries
of a State that has the authority to impose penalties described in
section 60134(b)(7) against persons who violate that State's damage
prevention laws, unless the Secretary has determined that the State's
enforcement is inadequate to protect safety, consistent with this
chapter, and until the Secretary issues, through a rulemaking
proceeding, the procedures for determining inadequate State enforcement
of penalties.''.
(2) Civil penalty.--Section 60122(a)(1) is amended by
striking ``60114(b)'' and inserting ``60114(b), 60114(d),''.
(b) State Damage Prevention Programs.--
(1) Contents of certifications.--Section 60105(b)(4) is
amended to read as follows:
``(4) is encouraging and promoting the establishment of a
program designed to prevent damage by demolition, excavation,
tunneling, or construction activity to the pipeline facilities
to which the certification applies that subjects persons who
violate the applicable requirements of that program to civil
penalties and other enforcement actions that are substantially
the same as are provided under this chapter, and addresses the
elements in section 60134(b);''.
(2) In general.--Chapter 601 is amended by adding at the
end the following:
``Sec. 60134. State damage prevention programs
``(a) In General.--The Secretary may make a grant to a State
authority (including a municipality with respect to intrastate gas
pipeline transportation) to assist in improving the overall quality and
effectiveness of a damage prevention program of the State authority
under subsection (e) if the State authority--
``(1) has in effect an annual certification under section
60105 or an agreement under section 60106; and
``(2)(A) has in effect an effective damage prevention
program that meets the requirements of subsection (b); or
``(B) demonstrates that it has made substantial progress
toward establishing such a program, and that such program will
meet the requirements of subsection (b).
``(b) Damage Prevention Program Elements.--An effective damage
prevention program includes the following elements:
``(1) Participation by operators, excavators, and other
stakeholders in the development and implementation of methods
for establishing and maintaining effective communications
between stakeholders from receipt of an excavation notification
until successful completion of the excavation, as appropriate.
``(2) A process for fostering and ensuring the support and
partnership of stakeholders, including excavators, operators,
locators, designers, and local government in all phases of the
program.
``(3) A process for reviewing the adequacy of a pipeline
operator's internal performance measures regarding persons
performing locating services and quality assurance programs.
``(4) Participation by operators, excavators, and other
stakeholders in the development and implementation of effective
employee training programs to ensure that operators, the one-
call center, the enforcing agency, and the excavators have
partnered to design and implement training for the employees of
operators, excavators, and locators.
``(5) A process for fostering and ensuring active
participation by all stakeholders in public education for
damage prevention activities.
``(6) A process for resolving disputes that defines the
State authority's role as a partner and facilitator to resolve
issues.
``(7) Enforcement of State damage prevention laws and
regulations for all aspects of the damage prevention process,
including public education, and the use of civil penalties for
violations assessable by the appropriate State authority.
``(8) A process for fostering and promoting the use, by all
appropriate stakeholders, of improving technologies that may
enhance communications, underground pipeline locating
capability, and gathering and analyzing information about the
accuracy and effectiveness of locating programs.
``(9) A process for review and analysis of the
effectiveness of each program element, including a means for
implementing improvements identified by such program reviews.
``(c) Factors to Consider.--In making grants under this section,
the Secretary shall take into consideration the commitment of each
State to ensuring the effectiveness of its damage prevention program,
including legislative and regulatory actions taken by the State.
``(d) Application.--If a State authority files an application for a
grant under this section not later than September 30 of a calendar year
and demonstrates that the Governor (or chief executive) of the State
has designated it as the appropriate State authority to receive the
grant, the Secretary shall review the State's damage prevention program
to determine its effectiveness.
``(e) Use of Funds.--A grant under this section to a State
authority may only be used to pay the cost of the personnel, equipment,
and activities that the State authority reasonably requires for the
calendar year covered by the grant to develop or carry out its damage
prevention program in accordance with subsection (b).
``(f) Nonapplicability of Limitation.--A grant made under this
section is not subject to the section 60107(a) limitation on the
maximum percentage of funds to be paid by the Secretary.
``(g) Limitation on Use of Funds.--Funds provided to carry out this
section may not be used for lobbying or in direct support of
litigation.
``(h) Damage Prevention Process Defined.--In this section, the term
`damage prevention process' means a process that incorporates the
principles described in sections 60114(b), 60114(d), and 60114(e).''.
(3) Clerical amendment.--The analysis for chapter 601 is
amended by adding at the end the following:
``60134. State damage prevention programs.''.
(c) State Pipeline Safety Grants.--Section 60107(a) is amended by
striking ``not more than 50 percent'' and inserting ``not more than 80
percent''.
(d) Maintenance of Effort.--Section 60107(b) is amended by striking
``spent--'' and all that follows and inserting ``spent for gas and
hazardous liquid safety programs for the 3 fiscal years prior to the
fiscal year in which the Secretary makes the payment, except when the
Secretary waives this requirement.''.
(e) Damage Prevention Technology Development.--Section 60114 (as
amended by subsection (a)(1) of this section) is further amended by
adding at the end the following:
``(g) Technology Development Grants.--The Secretary may make grants
to any organization or entity (not including for-profit entities) for
the development of technologies that will facilitate the prevention of
pipeline damage caused by demolition, excavation, tunneling, or
construction activities, with emphasis on wireless and global
positioning technologies having potential for use in connection with
notification systems and underground facility locating and marking
services. Funds provided under this subsection may not be used for
lobbying or in direct support of litigation. The Secretary may also
support such technology development through cooperative agreements with
trade associations, academic institutions, and other organizations.''.
SEC. 3. PUBLIC EDUCATION AND AWARENESS.
(a) In General.--Chapter 61 is amended by adding at the end the
following:
``Sec. 6109. Public education and awareness
``(a) Grant Authority.--The Secretary shall make a grant to an
appropriate entity for promoting public education and awareness with
respect to the 811 national excavation damage prevention phone number.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $1,000,000 for the period beginning
October 1, 2006, and ending September 30, 2008, to carry out this
section.''.
(b) Clerical Amendment.--The analysis for chapter 61 is amended by
adding at the end the following:
``6109. Public education and awareness.''.
SEC. 4. LOW-STRESS PIPELINES.
Section 60102(k) is amended to read as follows:
``(k) Low-Stress Hazardous Liquid Pipelines.--
``(1) Minimum standards.--Not later than December 31, 2007,
the Secretary shall issue regulations subjecting low-stress
hazardous liquid pipelines to the same standards and
regulations as other hazardous liquid pipelines, except as
provided in paragraph (3). The implementation of the applicable
standards and regulatory requirements may be phased in. The
regulations issued under this paragraph shall not apply to
gathering lines.
``(2) General prohibition against low internal stress
exception.--Except as provided in paragraph (3), the Secretary
may not provide an exception to the requirements of this
chapter for a hazardous liquid pipeline because the pipeline
operates at low internal stress.
``(3) Limited exceptions.--The Secretary shall provide or
continue in force exceptions to this subsection for low-stress
hazardous liquid pipelines that--
``(A) are subject to safety regulations of the
United States Coast Guard; or
``(B) serve refining, manufacturing, or truck,
rail, or vessel terminal facilities if the pipeline is
less than 1 mile long (measured outside the facility
grounds) and does not cross an offshore area or a
waterway currently used for commercial navigation,
until regulations issued under paragraph (1) become effective.
After such regulations become effective, the Secretary may
retain or remove those exceptions as appropriate.
``(4) Relationship to other laws.--Nothing in this
subsection shall be construed to prohibit or otherwise affect
the applicability of any other statutory or regulatory
exemption to any hazardous liquid pipeline.
``(5) Definition.--For purposes of this subsection, the
term `low-stress hazardous liquid pipeline' means a hazardous
liquid pipeline that is operated in its entirety at a stress
level of 20 percent or less of the specified minimum yield
strength of the line pipe.
``(6) Effective date.--The requirements of this subsection
shall not take effect as to low-stress hazardous liquid
pipeline operators before the effective date of the rules
promulgated by the Secretary under this subsection.''.
SEC. 5. TECHNICAL ASSISTANCE GRANTS.
Section 60130 is amended--
(1) in subsection (a)(1) by striking ``The Secretary shall
establish competitive'' and insert ``No grants may be awarded
under section 60114(g) until the Secretary has established
competitive'';
(2) in subsection (a) by redesignating paragraph (2) as
paragraph (4);
(3) in subsection (a) by inserting after paragraph (1) the
following:
``(2) Demonstration grants.--At least the first 3 grants
awarded under this section shall be demonstration grants for
the purpose of demonstrating and evaluating the utility of
grants under this section. Each such demonstration grant shall
not exceed $25,000.
``(3) Dissemination of technical findings.--Each recipient
of a grant under this section shall ensure that--
``(A) the technical findings made possible by the
grants are made available to the relevant operators;
and
``(B) open communication between the grant
recipients, local operators, local communities, and
other interested parties is encouraged.''; and
(4) in subsection (d) by striking ``2006'' and inserting
``2010''.
SEC. 6. ENFORCEMENT TRANSPARENCY.
(a) In General.--Chapter 601 (as amended by section 2(b) of this
Act) is further amended by adding at the end the following:
``Sec. 60135. Enforcement transparency
``(a) In General.--Not later than December 31, 2007, the Secretary
shall--
``(1) provide a monthly updated summary to the public of
all gas and hazardous liquid pipeline enforcement actions taken
by the Secretary or the Pipeline and Hazardous Materials Safety
Administration, from the time a notice commencing an
enforcement action is issued until the enforcement action is
final;
``(2) include in each such summary identification of the
operator involved in the enforcement activity, the type of
alleged violation, the penalty or penalties proposed, any
changes in case status since the previous summary, the final
assessment amount of each penalty, and the reasons for a
reduction in the proposed penalty, if appropriate; and
``(3) provide a mechanism by which a pipeline operator
named in an enforcement action may make information,
explanations, or documents it believes are responsive to the
enforcement action available to the public.
``(b) Electronic Availability.--Each summary under this section
shall be made available to the public by electronic means.
``(c) Relationship to FOIA.--Nothing in this section shall be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(b) Clerical Amendment.--The analysis for chapter 601 (as amended
by section 2(b) of this Act) is further amended by adding at the end:
``60135. Enforcement transparency.''.
SEC. 7. DIRECT LINE SALES.
Section 60101(a) is amended--
(1) by striking paragraph (6) and inserting the following:
``(6) `interstate gas pipeline facility' means a gas
pipeline facility--
``(A) used to transport gas; and
``(B) subject to the jurisdiction of the Commission
under the Natural Gas Act (15 U.S.C. 717 et seq.);'';
and
(2) by striking paragraph (9) and inserting the following:
``(9) `intrastate gas pipeline facility' means a gas
pipeline facility and transportation of gas within a State not
subject to the jurisdiction of the Commission under the Natural
Gas Act (15 U.S.C. 717 et seq.);''.
SEC. 8. PETROLEUM TRANSPORTATION CAPACITY AND REGULATORY ADEQUACY
STUDY.
(a) In General.--Chapter 601 (as amended by sections 2(b) and 6 of
this Act) is further amended by adding at the end the following:
``Sec. 60136. Petroleum product transportation capacity study
``(a) In General.--The Secretaries of Transportation and Energy
shall conduct periodic analyses of the domestic transport of petroleum
products by pipeline. Such analyses should identify areas of the United
States where unplanned loss of individual pipeline facilities may cause
shortages of petroleum products or price disruptions and where
shortages of pipeline capacity and reliability concerns may have or are
anticipated to contribute to shortages of petroleum products or price
disruptions. Upon identifying such areas, the Secretaries may determine
if the current level of regulation is sufficient to minimize the
potential for unplanned losses of pipeline capacity.
``(b) Consultation.--In preparing any analysis under this section,
the Secretaries may consult with the heads of other government agencies
and public- and private-sector experts in pipeline and other forms of
petroleum product transportation, energy consumption, pipeline
capacity, population, and economic development.
``(c) Report to Congress.--Not later than June 1, 2008, the
Secretaries shall submit to the Committee on Energy and Commerce and
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural Resources of the
Senate a report setting forth their recommendations to reduce the
likelihood of the shortages and price disruptions referred to in
subsection (a).
``(d) Additional Reports.--The Secretaries shall submit additional
reports to the congressional committees referred to in subsection (c)
containing the results of any subsequent analyses performed under
subsection (a) and any additional recommendations, as appropriate.
``(e) Petroleum Product Defined.--In this section, the term
`petroleum product' means oil of any kind or in any form, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product obtained
from refining or processing of crude oil, liquefied petroleum gases,
natural gas liquids, petrochemical feedstocks, condensate, waste or
refuse mixtures containing any of such oil products, and any other
liquid hydrocarbon compounds.''.
(b) Clerical Amendment.--The analysis for chapter 601 (as amended
by sections 2(b) and 6 of this Act) is further amended by adding at the
end the following:
``60136. Petroleum product transportation capacity study.''.
SEC. 9. DISTRIBUTION INTEGRITY MANAGEMENT PROGRAM RULEMAKING DEADLINE.
Section 60109 is amended by adding at the end the following:
``(e) Distribution Integrity Management Programs.--
``(1) Minimum standards.--Not later than December 31, 2007,
the Secretary shall prescribe minimum standards for integrity
management programs for distribution pipelines.
``(2) Additional authority of secretary.--In carrying out
this subsection, the Secretary may require operators of
distribution pipelines to continually identify and assess risks
on their distribution lines, to remediate conditions that
present a potential threat to line integrity, and to monitor
program effectiveness.
``(3) Excess flow valves.--
``(A) In general.--The minimum standards shall
include a requirement for an operator of a natural gas
distribution system to install an excess flow valve on
each single family residence service line connected to
such system if--
``(i) the service line is installed or
entirely replaced after June 1, 2008;
``(ii) the service line operates
continuously throughout the year at a pressure
not less than 10 pounds per square inch gauge;
``(iii) the service line is not connected
to a gas stream with respect to which the
operator has had prior experience with
contaminants the presence of which could
interfere with the operation of an excess flow
valve;
``(iv) the installation of an excess flow
valve on the service line is not likely to
cause loss of service to the residence or
interfere with necessary operation or
maintenance activities, such as purging liquids
from the service line; and
``(v) an excess flow valve meeting
performance standards developed under section
60110(e) of title 49, United States Code, is
commercially available to the operator, as
determined by the Secretary.
``(B) Reports.--Operators of natural gas
distribution systems shall report annually to the
Secretary on the number of excess flow valves installed
on their systems under subparagraph (A).
``(4) Applicability.--The Secretary shall determine which
distribution pipelines will be subject to the minimum
standards.
``(5) Development and implementation.--Each operator of a
distribution pipeline that the Secretary determines is subject
to the minimum standards prescribed by the Secretary under this
subsection shall develop and implement an integrity management
program in accordance with those standards.
``(6) Savings clause.--Subject to section 60104(c), a State
authority having a current certification under section 60105
may adopt or continue in force additional integrity management
requirements, including additional requirements for
installation of excess flow valves, for gas distribution
pipelines within the boundaries of that State.''.
SEC. 10. EMERGENCY WAIVERS.
Section 60118(c) is amended to read as follows:
``(c) Waivers by Secretary.--
``(1) Nonemergency waivers.--
``(A) In general.--On application of an owner or
operator of a pipeline facility, the Secretary by order
may waive compliance with any part of an applicable
standard prescribed under this chapter with respect to
such facility on terms the Secretary considers
appropriate if the Secretary determines that the waiver
is not inconsistent with pipeline safety.
``(B) Hearing.--The Secretary may act on a waiver
under this paragraph only after notice and an
opportunity for a hearing.
``(2) Emergency waivers.--
``(A) In general.--The Secretary by order may waive
compliance with any part of an applicable standard
prescribed under this chapter on terms the Secretary
considers appropriate without prior notice and comment
if the Secretary determines that--
``(i) it is in the public interest to grant
the waiver;
``(ii) the waiver is not inconsistent with
pipeline safety; and
``(iii) the waiver is necessary to address
an actual or impending emergency involving
pipeline transportation, including an emergency
caused by a natural or manmade disaster.
``(B) Period of waiver.--A waiver under this
paragraph may be issued for a period of not more than
60 days and may be renewed upon application to the
Secretary only after notice and an opportunity for a
hearing on the waiver. The Secretary shall immediately
revoke the waiver if continuation of the waiver would
not be consistent with the goals and objectives of this
chapter.
``(3) Statement of reasons.--The Secretary shall state in
an order issued under this subsection the reasons for granting
the waiver.''.
SEC. 11. RESTORATION OF OPERATIONS.
Section 60117 is amended by adding at the end the following:
``(m) Restoration of Operations.--
``(1) In general.--The Secretary may advise, assist, and
cooperate with the heads of other departments, agencies, and
instrumentalities of the United States Government, the States,
and public and private agencies and persons to facilitate the
restoration of pipeline operations that have been or are
anticipated to become disrupted by manmade or natural
disasters.
``(2) Savings clause.--Nothing in this section alters or
amends the authorities and responsibilities of any department,
agency, or instrumentality of the United States Government,
other than the Department of Transportation.''.
SEC. 12. PIPELINE CONTROL ROOM MANAGEMENT.
(a) In General.--Chapter 601 (as amended by sections 2(b), 6, and 8
of this Act) is further amended by adding at the end the following:
``Sec. 60137. Pipeline control room management
``(a) In General.--Not later than June 1, 2008, the Secretary shall
issue regulations requiring each operator of a gas or hazardous liquid
pipeline to develop, implement, and submit to the Secretary or, in the
case of an operator of an intrastate pipeline located within the
boundaries of a State that has in effect an annual certification under
section 60105, to the head of the appropriate State authority, a human
factors management plan designed to reduce risks associated with human
factors, including fatigue, in each control center for the pipeline.
Each plan must include, among the measures to reduce such risks, a
maximum limit on the hours of service established by the operator for
individuals employed as controllers in a control center for the
pipeline.
``(b) Review and Approval of the Plan.--The Secretary or, in the
case of an operator of an intrastate pipeline located within the
boundaries of a State that has in effect an annual certification under
section 60105, the head of the appropriate State authority, shall
review and approve each plan submitted to the Secretary or the head of
such authority under subsection (a). The Secretary and the head of such
authority may not approve a plan that does not include a maximum limit
on the hours of service established by the operator of the pipeline for
individuals employed as controllers in a control center for the
pipeline.
``(c) Enforcement of the Plan.--If the Secretary or the head of the
appropriate State authority determines that an operator's plan
submitted to the Secretary or the head of such authority under
subsection (a), or implementation of such a plan, does not comply with
the regulations issued under this section or is inadequate for the safe
operation of a pipeline, the Secretary or the head of such authority
may take action consistent with this chapter and enforce the
requirements of such regulations.
``(d) Compliance With the Plan.--Each operator of a gas or
hazardous liquid pipeline shall document compliance with the plan
submitted by the operator under subsection (a) and the reasons for any
deviation from compliance with such plan. The Secretary or the head of
the appropriate State authority, as the case may be, shall review the
reasonableness of any such deviation in considering whether to take
enforcement action or discontinue approval of the operator's plan under
subsection (b).
``(e) Deviation Reporting Requirements.--In issuing regulations
under subsection (a), the Secretary shall develop and include in such
regulations requirements for an operator of a gas or hazardous liquid
pipeline to report deviations from compliance with the plan submitted
by the operator under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 601 (as amended
by sections 2(b), 6, and 8 of this Act) is further amended by adding at
the end the following:
``60137. Pipeline control room management.''.
SEC. 13. SAFETY ORDERS.
Section 60117(l) is amended to read as follows:
``(l) Safety Orders.--
``(1) In general.--Not later than December 31, 2007, the
Secretary shall issue regulations providing that, after notice
and opportunity for a hearing, if the Secretary determines that
a pipeline facility has a condition that poses a pipeline
integrity risk to public safety, property, or the environment,
the Secretary may order the operator of the facility to take
necessary corrective action, including physical inspection,
testing, repair, or other appropriate action, to remedy that
condition.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary, if relevant and pursuant to the
regulations issued under paragraph (1), shall consider--
``(A) the considerations specified in paragraphs
(1) through (6) of section 60112(b);
``(B) the likelihood that the condition will impair
the serviceability of a pipeline;
``(C) the likelihood that the condition will worsen
over time; and
``(D) the likelihood that the condition is present
or could develop on other areas of the pipeline.''.
SEC. 14. INTEGRITY PROGRAM ENFORCEMENT.
Section 60109(c)(9)(A)(iii) is amended to read as follows:
``(iii) Inadequate programs.--If the
Secretary determines that a risk analysis or
integrity management program does not comply
with the requirements of this subsection or
regulations issued as described in paragraph
(2), has not been adequately implemented, or is
inadequate for the safe operation of a pipeline
facility, the Secretary may conduct proceedings
under this chapter.''.
SEC. 15. INCIDENT REPORTING.
Not later than December 31, 2007, the Secretary of Transportation
shall review the incident reporting requirements for operators of
natural gas pipelines and modify the reporting criteria as appropriate
to ensure that the incident data gathered accurately reflects incident
trends over time, taking into consideration the recommendations from
the Comptroller General in GAO report 06-946.
SEC. 16. SENIOR EXECUTIVE SIGNATURE OF INTEGRITY MANAGEMENT PROGRAM
PERFORMANCE REPORTS.
Section 60109 (as amended by section 9 of this Act) is further
amended by adding at the end the following:
``(f) Certification of Pipeline Integrity Management Program
Performance.--The Secretary shall establish procedures requiring
certification of annual and semiannual pipeline integrity management
program performance reports by a senior executive officer of the
company operating a pipeline subject to this chapter. The procedures
shall require a signed statement, which may be effected electronically
in accordance with the provisions of the Electronic Signatures in
Global and National Commerce Act (15 U.S.C. 7001 et seq.), certifying
that--
``(1) the signing officer has reviewed the report; and
``(2) to the best of such officer's knowledge and belief,
the report is true and complete.''.
SEC. 17. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117 (as amended by section 11 of this Act) is amended by
adding at the end the following:
``(n) Cost Recovery for Design Reviews.--
``(1) In general.--If the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a liquefied natural gas pipeline
facility, the Secretary may require the person requesting such
reviews to pay the associated staff costs relating to such
reviews incurred by the Secretary in section 60301(d). The
Secretary may assess such costs in any reasonable manner.
``(2) Deposit.--The Secretary shall deposit all funds paid
to the Secretary under this subsection into the Department of
Treasury account 69-5172-0-2-407 or its successor account.
``(3) Authorization of appropriations.--Funds deposited
pursuant to this subsection are authorized to be appropriated
for the purposes set forth in section 60301(d).''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read
as follows:
``(a) Gas and Hazardous Liquid.--
``(1) In general.--To carry out the provisions of this
chapter related to gas and hazardous liquid and section 12 of
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101
note; Public Law 107-355), the following amounts are authorized
to be appropriated to the Department of Transportation from
fees collected under section 60301 in each respective year:
``(A) For fiscal year 2007, $60,175,000 of which
$7,386,000 is for carrying out such section 12 and
$17,556,000 is for making grants.
``(B) For fiscal year 2008, $67,118,000 of which
$7,586,000 is for carrying out such section 12 and
$20,614,000 is for making grants.
``(C) For fiscal year 2009, $72,045,000 of which
$7,586,000 is for carrying out such section 12 and
$21,513,000 is for making grants.
``(D) For fiscal year 2010, $76,580,000 of which
$7,586,000 is for carrying out subsection 12 and
$22,252,000 is for making grants.
``(2) Trust fund amounts.--In addition to the amounts
authorized to be appropriated by paragraph (1) the following
amounts are authorized 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) For fiscal year 2007, $18,810,000 of which
$4,207,000 is for carrying out such section 12 and
$2,682,000 is for making grants.
``(B) For fiscal year 2008, $19,000,000 of which
$4,207,000 is for carrying out such section 12 and
$2,682,000 is for making grants.
``(C) For fiscal year 2009, $19,500,000 of which
$4,207,000 is for carrying out such section 12 and
$3,103,000 is for making grants.
``(D) For fiscal year 2010, $20,000,000 of which
$4,207,000 is for carrying out such section 12
$3,603,000 is for making grants.''.
(b) Conforming Amendments.--Section 60125 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
(c) Emergency Response Grants.--Section 60125(b) (as redesignated
by subsection (b)(2) of this section) is amended--
(1) in paragraph (1) by adding at the end the following:
``To the extent that such grants are used to train emergency
responders, such training shall ensure that emergency
responders have the ability to protect nearby persons,
property, and the environment from the effects of accidents or
incidents involving gas or hazardous liquid pipelines, in
accordance with existing regulations.''; and
(2) in paragraph (2)--
(A) by striking ``$6,000,000'' and inserting
``$10,000,000''; and
(B) by striking ``2003 through 2006'' and inserting
``2007 through 2010''.
(d) One-Call Notification Programs.--Section 6107 is amended--
(1) in subsection (a) by striking ``fiscal years 2003
through 2006'' and inserting ``fiscal years 2007 through
2010''; and
(2) in subsection (b) by striking ``for fiscal years 2003
through 2006'' and inserting ``for fiscal years 2007 through
2010''.
(e) Inspector Staffing.--The Secretary shall ensure that the number
of positions for pipeline inspection and enforcement personnel at the
Pipeline and Hazardous Materials Safety Administration does not fall
below 100 for fiscal year 2007, 111 for fiscal year 2008, 123 for
fiscal year 2009, and 135 for fiscal year 2010.
SEC. 19. STANDARDS TO IMPLEMENT NTSB RECOMMENDATIONS.
Not later than June 1, 2008, the Secretary of Transportation shall
issue standards that implement the following recommendations contained
in the National Transportation Safety Board's report entitled
``Supervisory Control and Data Acquisition (SCADA) in Liquid
Pipelines'' and adopted November 29, 2005:
(1) Implementation of the American Petroleum Institute's
Recommended Practice 165 for the use of graphics on the
supervisory control and data acquisition screens.
(2) Implementation of a standard for pipeline companies to
review and audit alarms on monitoring equipment.
(3) Implementation of standards for pipeline controller
training that include simulator or noncomputerized simulations
for controller recognition of abnormal pipeline operating
conditions, in particular, leak events.
SEC. 20. ACCIDENT REPORTING FORM.
Not later than December 31, 2007, the Secretary of Transportation
shall amend accident reporting forms to require operators of gas and
hazardous liquid pipelines to provide data related to controller
fatigue.
SEC. 21. LEAK DETECTION TECHNOLOGY STUDY.
Not later than December 31, 2007, the Secretary of Transportation
shall submit to Congress a report on leak detection systems utilized by
operators of hazardous liquid pipelines. The report shall include a
discussion of the inadequacies of current leak detection systems,
including their ability to detect ruptures and small leaks that are
ongoing or intermittent, and what can be done to foster development of
better technologies as well as address existing technological
inadequacies.
SEC. 22. CORROSION CONTROL REGULATIONS.
(a) Review.--The Secretary of Transportation, in consultation with
the Technical Hazardous Liquid Pipeline Safety Standards Committee and
other appropriate entities, shall review the internal corrosion control
regulations set forth in subpart H of part 195 of title 49 of the Code
of Federal Regulations to determine if such regulations are currently
adequate to ensure that the pipeline facilities subject to such
regulations will not present a hazard to public safety or the
environment.
(b) Report.--Not later than December 31, 2007, the Secretary shall
submit to Congress a report containing the results of the review and
may modify the regulations referred to in subsection (a) if necessary
and appropriate.
SEC. 23. INSPECTOR GENERAL REPORT.
(a) Assessment.--Not later than December 31, 2007, the Inspector
General of the Department of Transportation shall conduct an assessment
of the actions the Department has taken in implementing the annex to
the memorandum of understanding between the Secretary of Transportation
and the Secretary of Homeland Security, dated September 28, 2004,
relating to pipeline security.
(b) Specified Duties of Inspector General.--In carrying out the
assessment, the Inspector General shall--
(1) provide a status report on implementation of the
program elements outlined and developed in the annex;
(2) describe the roles, responsibilities, and authority of
the Department of Transportation relating to pipeline security;
(3) assess the adequacy and effectiveness of the process by
which the Department of Transportation has communicated and
coordinated with the Department of Homeland Security on matters
relating to pipeline security;
(4) address the adequacy of security standards for gas and
oil pipelines in coordination, as necessary, with the Inspector
General of the Department of Homeland Security; and
(5) consider any other issues determined to be appropriate
by the Inspector General of the Department of Transportation or
the Secretary of Transportation.
(c) Assessment Report and Periodic Status Updates.--
(1) Assessment report.--Not later than December 31, 2007,
the Inspector General of the Department of Transportation shall
transmit a report on the results of the assessment, together
with any recommendations (including legislative options for
Congress to consider), to the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Periodic status reports.--The Inspector General shall
transmit periodically to the Committees as referred to in
paragraph (1), as necessary and appropriate, reports on matters
pertaining to the implementation by the Department of
Transportation of any recommendations contained in the report
transmitted pursuant to paragraph (1).
(d) Format.--The report, or portions of the report, under
subsection (c)(1) may be submitted in a classified format if the
Inspector General determines that such action is necessary.
SEC. 24. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Transportation may award, through
a competitive process, grants to universities with expertise in
pipeline safety and security to establish jointly a collaborative
program to conduct pipeline safety and technical assistance programs.
(b) Duties.--In cooperation with the Pipeline and Hazardous
Materials Safety Administration and representatives from States and
boards of public utilities, the participants in the collaborative
program established under subsection (a) shall be responsible for
development of workforce training and technical assistance programs
through statewide and regional partnerships that provide for--
(1) communication of national, State, and local safety
information to pipeline operators;
(2) distribution of technical resources and training to
support current and future Federal mandates; and
(3) evaluation of program outcomes.
(c) Training and Educational Materials.--The collaborative program
established under subsection (a) may include courses in recent
developments, techniques, and procedures related to--
(1) safety and security of pipeline systems;
(2) incident and risk management for such systems;
(3) integrity management for such systems;
(4) consequence modeling for such systems;
(5) detection of encroachments and monitoring of rights-of-
way for such systems; and
(6) vulnerability assessment of such systems at both
project and national levels.
(d) Reports.--
(1) University.--Not later than March 31, 2009, the
universities awarded grants under subsection (a) shall submit
to the Secretary a report on the results of the collaborative
program.
(2) Secretary.--Not later than October 1, 2009, the
Secretary shall transmit the reports submitted to the Secretary
under paragraph (1), along with any findings, recommendations,
or legislative options for Congress to consider, to the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2007 through 2010.
SEC. 25. NATURAL GAS PIPELINES.
The Secretary of Transportation shall review and comment on the
Comptroller General report issued under section 14(d)(1) of the
Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60109 note; 116
Stat. 3005), and not later than 60 days after the date of enactment of
this Act, transmit to Congress any legislative recommendations the
Secretary considers necessary and appropriate to implement the
conclusions of that report.
SEC. 26. CORROSION TECHNOLOGY.
Section 12 of the Pipeline Safety Improvement Act of 2002 (49
U.S.C. 60101 note; Public Law 107-355) is amended--
(1) in subsection (c)(2) by striking ``corrosion,'';
(2) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(9);
(B) by redesignating paragraph (10) as paragraph
(11);
(C) by inserting after paragraph (9) the following:
``(10) corrosion detection and improving methods, best
practices, and technologies for identifying, detecting,
preventing, and managing internal and external corrosion and
other safety risks; and''; and
(D) by adding at the end the following:
``The results of activities carried out under paragraph (10) shall be
used by the participating agencies to support development and
improvement of national consensus standards.''; and
(3) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively.
Passed the House of Representatives December 6, 2006.
Attest:
KAREN L. HAAS,
Clerk.