[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5782 Enrolled Bill (ENR)]


        H.R.5782

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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 inserting ``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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.