[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5678 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5678

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2006

 Mr. Young of Alaska (for himself and Mr. Oberstar) (both by request): 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
  Energy and Commerce and Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
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 Safety 
and Reliability Improvement 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. Energy transportation infrastructure reliability.
Sec. 4. Authorization of appropriations.

SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION.

    (a) One-Call Civil Enforcement.--
            (1) Section 60114 is amended by adding at the end a new 
        subsection (d) to read as follows:
    ``(d) Enforcement.--Any person who engages in excavation activity 
without first using an available one-call notification system to 
establish the location of underground facilities in the excavation 
area, who disregards location information or markings established by a 
pipeline facility operator, or who fails to take reasonable steps to 
ensure safe excavation to prevent damage to a pipeline, shall be 
subject to any action available under this chapter, including a civil 
action under section 60120, an administrative action under this 
chapter, including the assessment of civil penalties under section 
60122, and, if appropriate, a criminal action under section 60123.''.
            (2) Section 60122(a)(1) is amended in the first sentence by 
        inserting ``, 60114(d),'' between ``section 60114(b)'' and ``or 
        60118(a) of this title''.
    (b) State Damage Prevention Programs.--
            (1) Section 60105(b)(4) is amended to read as follows:
            ``(4) has committed to establishing a program designed to 
        prevent damage by excavation, demolition, 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) Chapter 601 is amended by adding at the end the 
        following new section:
``Sec. 60134. State damage prevention programs
    ``(a) In General.--In order to qualify for a grant under this 
section, each State authority (including a municipality if the 
agreement applies to intrastate gas pipeline transportation) having an 
annual certification in accordance with section 60105 or an agreement 
in accordance with section 60106 shall have an effective damage 
prevention program that meets 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 excavation 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) Grants to States.--
            ``(1) In general.--The Secretary may make a grant of 
        financial assistance to a State that qualifies under this 
        section to assist in improving the overall quality and 
        effectiveness of a damage prevention program of a State. 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.
            ``(2) Application.--If a State authority files an 
        application for a grant under this section not later than 
        September 30 of a calendar year, the Secretary of 
        Transportation shall review the State's damage prevention 
        program to determine its effectiveness. For programs determined 
        to be effective, the Secretary may make a grant of financial 
        assistance for the cost of the personnel, equipment, and 
        activities the authority reasonably requires during the next 
        calendar year to carry out an effective damage prevention 
        program as described in subsection (b) of this section. 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. A State authority filing an application under this 
        subsection shall demonstrate that the Governor (or chief 
        executive) has designated it as the appropriate State authority 
        to receive the grant funds. Funds provided under this section 
        may not be used for lobbying or in direct support of 
        litigation.
    ``(d) Authorization of Appropriations.--To carry out this section, 
the following amounts are authorized to be appropriated to the 
Secretary:
            ``(1) $1,500,000 for fiscal year 2008 to be derived from 
        amounts appropriated to the Secretary under section 60125(c) of 
        this title.
            ``(2) $1,750,000 for fiscal year 2009 to be derived from 
        amounts appropriated to the Secretary under section 60125(c) of 
        this title.
            ``(3) $2,000,000 for fiscal year 2010 to be derived from 
        amounts appropriated to the Secretary under section 60125(c) of 
        this title.
Such funds shall remain available until expended.''.
            (3) The table of sections of chapter 601 is amended by 
        adding at the end the following new item:

``60134. State damage prevention programs.''.
    (c) State Pipeline Safety Grants.--Section 60107(a) is amended by 
striking ``not more than 50 percent'' and inserting in its place ``not 
more than 80 percent''.
    (d) Damage Prevention Technology Development.--Section 60114 (as 
amended by this section) is further amended by adding at the end the 
following new subsection:
    ``(e) Technology Development Grants.--To the extent and in the 
amount provided in advance in appropriations acts, 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 excavation 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. If a grant is made 
pursuant to this subsection, the Secretary shall establish and follow 
appropriate procedures for awarding grants under this subsection and 
shall ensure that any funds granted are properly used. 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 qualified organizations.''.
    (e) Safety Orders.--Section 60117(l) is amended to read as follows:
    ``(l) Safety Orders.--
            ``(1) In general.--The Secretary may make a grant of 
        financial assistance to a State that qualifies under this 
        section to assist in improving the overall quality and 
        effectiveness of a damage prevention program of a State. 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.
            ``(2) Consideration.--In making a determination under 
        paragraph (1) of this section, the Secretary shall, if 
        relevant, consider--
                    ``(A) the considerations specified in section 
                60112(b);
                    ``(B) the likelihood that the condition will impair 
                the serviceability of a pipeline;
                    ``(C) the likelihood that the condition will 
                progress over time;
                    ``(D) the likelihood that the condition is present 
                or could develop on other areas of the pipeline; and
                    ``(E) other factors the Secretary considers 
                appropriate.''.
    (f) Gas Pipeline Integrity Reassessment.--Section 60109(c)(3)(B) is 
amended to read as follows:
                    ``(B) Subject to paragraph (5), periodic 
                reassessment of the facility at a minimum of once every 
                7 years, using methods described in subparagraph (A), 
                until the Secretary issues regulations basing the 
                reassessment intervals on technical data, risk factors, 
                and engineering analyses.''.
    (g) 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 sections 60108(a), 60112, 60118(a) and 
                        (b), 60120, 60122, or any other section of this 
                        chapter, to enforce the requirements.''.
    (h) Limitation on Inflationary Adjustments.--Section 60122(a) is 
amended by adding at the end the following new paragraph:
    ``(4) The maximum civil penalty amounts available under this 
section are excepted from the inflation adjustment requirements of 
section 4 of the Federal Civil Penalties Inflation Adjustment Act of 
1990, as amended by the Debt Collection Improvement Act of 1996.''.
    (i) Direct Sales Lines.--Subsection 60101(a) is amended--
            (1) in paragraph (6)--
                    (A) by striking ``--'' the first place it appears 
                and all that follows through ``(A) means a gas 
                pipeline'' and inserting ``means a gas pipeline'';
                    (B) by striking subparagraph (B);
                    (C) by redesignating clauses (i) and (ii) as 
                subparagraphs (A) and (B), respectively; and
                    (D) by striking ``(15 U.S.C. 717 et seq.); but'' 
                and inserting ``(15 U.S.C. 717 et seq.).''; and
            (2) in paragraph (9)--
                    (A) by striking ``means--'' and all that follows 
                through ``(A) a gas pipeline facility'' and inserting 
                ``means a gas pipeline facility'';
                    (B) by striking subparagraph (B); and
                    (C) by striking ``(15 U.S.C. 717 et seq.); and'' 
                and inserting ``(15 U.S.C. 717 et seq.).''.

SEC. 3. ENERGY TRANSPORTATION INFRASTRUCTURE RELIABILITY.

    (a) Permit Streamlining.--
            (1) Construction and expansion of hazardous liquid 
        pipelines.--
                    (A) Section 60133(e) is amended to read as follows:
    ``(e) Ombudsman.--The Secretary shall designate an ombudsman to 
assist resolving disagreements between Federal, State, and local 
agencies and pipeline operators arising during agency review of 
pipeline repairs and hazardous liquid pipeline construction projects in 
order to expedite pipeline projects, consistent with protection of 
human health, public safety, and the environment.''.
                    (B) Section 60133(f) is amended by striking the 
                first sentence and inserting the following: ``The 
                Secretary shall encourage States and local governments 
                to consolidate their respective permitting processes 
                for pipeline repair and hazardous liquid pipeline 
                construction projects subject to any time periods for 
                repairs specified by rule by the Secretary.''.
                    (C) Section 60133 is further amended by adding at 
                the end the following new subsection:
    ``(g) Construction and Expansion of Pipelines.--Upon request by any 
person proposing to construct or expand a hazardous liquid pipeline, 
the Secretary may coordinate the environmental reviews and permitting 
processes of the agencies having responsibility for issuing permits or 
otherwise authorizing pipeline construction projects if the Secretary 
determines that coordinating the permitting processes to expedite the 
completion of the project would be in the national interest.''.
            (2) Pipeline repairs.--Section 60133 (as amended by this 
        subsection) is further amended by adding at the end the 
        following new subsection:
    ``(h) Presumptive Exclusions.--
            ``(1) Nepa review.--With respect to any of the activities 
        described in paragraph (3) of this subsection, including 
        activities on non-Federal land, if the Federal agency having 
        responsibility for conducting environmental reviews under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) (NEPA) determines that--
                    ``(A) the proposed activity is substantially 
                similar to a pipeline repair activity for which the 
                Interagency Committee has developed or adopted best 
                practices under subsection (a)(3) of this section for 
                determining and reducing or eliminating the potential 
                for significant impacts to the human environment under 
                NEPA,
                    ``(B) the proposed repair activity is consistent 
                with these best practices, and
                    ``(C) in the absence of extraordinary 
                circumstances, the proposed repair activity is not 
                likely to individually or cumulatively result in 
                significant impacts on the human environment,
        then a Federal agency having responsibility for conducting 
        environmental reviews under NEPA or coordinating the permitting 
        process may, in consultation with the Council on Environmental 
        Quality, adopt categorical exclusions for those repair 
        activities, and actions by those agencies regarding pipeline 
        repair permits shall be subject to a rebuttable presumption 
        that the use of a categorical exclusion will apply.
            ``(2) Esa review.--With respect to any of the activities 
        described in paragraph (3) of this subsection, including 
        activities on non-Federal land, if the Secretary of Interior or 
        the Secretary of Commerce--
                    ``(A) determines that a proposed activity is 
                substantially similar to a pipeline repair activity for 
                which the Interagency Committee has developed or 
                adopted best practices under subsection (a)(3) of this 
                section for determining and reducing or eliminating 
                impacts to listed species under the Endangered Species 
                Act of 1973 (16 U.S.C. 1531 et seq.) (ESA),
                    ``(B) concludes that if these best practices are 
                followed, the repair activity is not likely to 
                jeopardize the continued existence of any listed 
                species or adversely modify the habitat of such 
                species, and
                    ``(C) concludes that the repair activity would not 
                conflict with any existing biological opinion or any 
                agreement made under the ESA relating to the geographic 
                area where the proposed pipeline repair will occur,
        then action by the Secretary of the Interior or the Secretary 
        of Commerce regarding pipeline repair permits shall be subject 
        to a rebuttable presumption that the ESAs biological assessment 
        and consultation requirements have been satisfied.
            ``(3) Activities described.--The activities referred to in 
        paragraphs (1) and (2) are the following:
                    ``(A) Site repairs required to ensure the integrity 
                of an existing pipeline facility performed entirely 
                within an existing right-of-way corridor that do not 
                change the physical character of the facility and where 
                the facility was constructed in accordance with the 
                environmental reviews and authorizations, if any, 
                required by Federal law.
                    ``(B) Functional replacement of pipeline equipment 
                performed entirely within an existing right-of-way 
                corridor that does not change the physical character of 
                the facility and where the facility was constructed in 
                accordance with the environmental reviews and 
                authorizations, if any, required by Federal law.''.
    (b) International Activities.--Section 60117 (as amended by section 
2 of this Act) is further amended by adding at the end the following 
new subsection:
    ``(m) International Uniformity of Standards and Requirements.--
            ``(1) Participation in international forums.--Subject to 
        guidance and direction from the Secretary of State, the 
        Secretary of Transportation may participate in international 
        forums that establish or recommend mandatory standards and 
        requirements for transporting gas and hazardous liquids by 
        pipeline in international commerce.
            ``(2) Consultation.--The Secretary may consult with 
        interested authorities to ensure that, to the extent 
        practicable, regulations the Secretary prescribes under this 
        chapter are consistent with standards and requirements related 
        to transporting gas and hazardous liquids by pipeline that 
        international authorities adopt.
            ``(3) Differences in international standards and 
        requirements.--If the Secretary prescribes a standard or 
        requirement concerning international transportation by 
        pipeline, nothing in this section requires that such standard 
        be identical to a standard or requirement adopted by an 
        international authority.
            ``(4) Information exchange and technical assistance.--
        Subject to guidance and direction of the Secretary of State, 
        the Secretary of Transportation may engage in activities to 
        support international efforts to share information about the 
        risks to the public and the environment from pipelines and 
        means of protecting against those risks. The Secretary may 
        provide technical assistance to domestic and appropriate 
        international organizations to facilitate efforts to reduce or 
        eliminate inconsistent requirements that inhibit the safety and 
        efficiency of pipeline transportation in or affecting 
        interstate or foreign commerce.''.
    (c) Emergency Preparedness.--
            (1) Emergency waivers.--Section 60118(c) is amended to read 
        as follows:
    ``(c) Waivers by Secretary.--
            ``(1) Nonemergency waivers.--On application of a person 
        owning or operating a pipeline facility, the Secretary by order 
        may waive compliance with any part of an applicable standard 
        prescribed under this chapter on terms the Secretary considers 
        appropriate, if the waiver is not inconsistent with pipeline 
        safety. The Secretary shall state in the order the reasons for 
        granting a waiver under this paragraph. The Secretary may act 
        on a nonemergency waiver only after notice and an opportunity 
        for a hearing.
            ``(2) Emergency waivers.--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 the waiver is necessary to address an actual or impending 
        emergency involving pipeline transportation, including but not 
        limited to emergencies caused by natural or manmade disasters. 
        The Secretary shall state in the order the reasons for granting 
        a waiver under this paragraph.''.
            (2) Restoration of operations.--Section 60301(d) is 
        amended--
                    (A) in paragraph (1)(B), by striking ``and'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) may be used for activities involving the restoration 
        of energy pipelines that have been or are anticipated to become 
        disrupted by manmade or natural disaster, including aid to 
        other Federal agencies; and''.
    (d) Petroleum Transportation Capacity Study.--(1) Chapter 601 (as 
amended by this Act) is further amended by adding at the end the 
following new section:
``Sec. 60135. Petroleum product transportation capacity study
    ``(a) In General.--The Secretary of Transportation may conduct 
analyses of the domestic transport of petroleum products by pipeline. 
Such analyses should identify areas of the United States where 
shortages of pipeline capacity and reliability concerns exist, where 
such shortages have or are anticipated to contribute to significant 
increases in the price of petroleum products, or where unplanned loss 
of individual pipelines may cause shortages of petroleum products or 
price disruptions. For the purpose of this section, `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 the above, and any other liquid hydrocarbon 
compounds.
    ``(b) Consultation.--In preparing any such analyses, the Secretary 
may consult with other government agencies and public- and private-
sector experts in pipeline and other forms of petroleum product 
transportation, energy consumption, capacity, population, and economic 
development.
    ``(c) Data Collection.--
            ``(1) The Secretary may collect information relevant to the 
        study from the Department of Energy's Energy Information 
        Administration and may enter into an interagency agreement for 
        this purpose.
            ``(2) In the absence of sufficient information collection 
        by the Energy Information Administration, the Secretary may 
        collect information relevant to the study in any other 
        manner.''.
    (2) The table of sections of chapter 601 is further amended by 
adding at the end the following new item:

``60135. Petroleum product transportation capacity study.''.
    (e) Cost Reimbursements.--Section 60117 (as amended by section 2 of 
this Act and subsection (b) of this section) is further amended by 
adding at the end the following new subsection:
    ``(n) Cost Recovery for Design Reviews.--If the Secretary conducts 
facility design safety reviews, consulting, or field work in connection 
with a proposal to construct, expand, or operate a pipeline system or 
liquefied natural gas pipeline facility, the Secretary may require the 
person requesting such reviews or consulting to pay the associated 
costs incurred by the Secretary, such funds to be deposited into the 
pipeline safety fund. Funds deposited pursuant to this section are 
authorized to be appropriated for the purposes set forth in section 
60301(d). The Secretary may assess such costs in any reasonable 
manner.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 60125(a) is amended to read as follows:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for section 60107) related to gas and hazardous liquid, the following 
amounts are authorized to be appropriated to the Department of 
Transportation, from fees collected under section 60301 in each 
respective year, and from the Oil Spill Liability Trust Fund as 
specified below:
            ``(1) For fiscal year 2007, $55,497,000, of which 
        $39,872,000 is from fees and $15,625,000 is from the Fund.
            ``(2) For fiscal year 2008, $57,997,000, of which 
        $42,651,000 is from fees and $15,346,000 is from the Fund.
            ``(3) For fiscal year 2009, $60,482,000, of which 
        $44,839,000 is from fees and $16,003,000 is from the Fund.
            ``(4) For fiscal year 2010, $62,375,000, of which 
        $46,444,000 is from fees and $15,931,000 is from the Fund.''.
    (b) Section 60125(b)(1) concerning State grants is amended to read 
as follows:
    ``(1) To carry out section 60107 of this chapter, the following 
amounts are authorized to be appropriated to the Department of 
Transportation, from fees collected under section 60301 in each 
respective year, and from the Oil Spill Liability Trust Fund as 
specified below:
            ``(A) For fiscal year 2007, $20,238,000, of which 
        $17,053,000 is from fees and $3,185,000 is from the Fund.
            ``(B) For fiscal year 2008, $23,221,000, of which 
        $19,567,000 is from fees and $3,654,000 is from the Fund. Of 
        the amount appropriated to carry out section 60107 of this 
        title, $1,500,000 shall be available for fiscal year 2008 for 
        the grants to States authorized in section 60134.
            ``(C) For fiscal year 2009, $24,513,000, of which 
        $20,656,000 is from fees and $3,857,000 is from the Fund. Of 
        the amount appropriated to carry out section 60107 of this 
        title, $1,750,000 shall be available for fiscal year 2009 for 
        the grants to States authorized in section 60134.
            ``(D) For fiscal year 2010, $25,855,000, of which 
        $21,786,000 is from fees and $4,069,000 is from the Fund. Of 
        the amount appropriated to carry out section 60107 of this 
        title, $2,000,000 shall be available for fiscal year 2010 for 
        the grants to States authorized in section 60134.''.
    (c) Section 60125(c) is hereby repealed.
    (d) Sections 60125(d) and 60125(e) are redesignated as sections 
60125(c) and 60125(d), respectively.
    (e) Section 60125(c)(2), as redesignated by subsection (d) of this 
section, is amended by striking ``2003 through 2006'' and inserting 
``2007 through 2010''.
    (f) 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''.
    (g) Section 5128 is amended--
            (1) in subsection (a)--
                    (A) by adding at the end the following new 
                paragraph:
            ``(5) For fiscal year 2009, such sums as may be 
        necessary.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) For fiscal year 2010, such sums as may be 
        necessary.'';
            (2) in subsection (b), by striking ``through 2008'' in the 
        introductory language and inserting ``through 2010''; and
            (3) in subsection (c), by striking ``through 2008'' and 
        inserting ``through 2010''.
                                 <all>