[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3961 Introduced in Senate (IS)]


109th CONGRESS
  2d Session
                                S. 3961

  To provide for enhanced safety in pipeline transportation, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2006

  Mr. Stevens (for himself, Mr. Inouye, Mr. Lott, and Mr. Lautenberg) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced safety in pipeline transportation, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pipeline 
Inspection, Protection, Enforcement, and Safety Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of title 49.
Sec. 3. Low-stress pipelines.
Sec. 4. Pipeline safety and damage prevention.
Sec. 5. Damage prevention technology development.
Sec. 6. Safety orders.
Sec. 7. Integrity program enforcement.
Sec. 8. Technical assistance grants.
Sec. 9. Enforcement transparency.
Sec. 10. Direct line sales.
Sec. 11. Gas distribution integrity management program rulemaking 
                            deadline.
Sec. 12. Standards to implement NTSB recommendations.
Sec. 13. Coordination in the construction and expansion of hazardous 
                            liquid pipelines.
Sec. 14. Cost recovery for design reviews.
Sec. 15. Human factors risk management rulemaking.
Sec. 16. Emergency preparedness.
Sec. 17. Public education and awareness.
Sec. 18. Safety technology and corrosion research and development.
Sec. 19. Cost recovery for extraordinary events.
Sec. 20. Senior executive signature of integrity management program 
                            performance reports.
Sec. 21. Leak detection technology study.
Sec. 22. Study of pipeline regulatory adequacy.
Sec. 23. Pipeline security inspections and enforcement.
Sec. 24. Pipeline security and incident recovery plan.
Sec. 25. Technical assistance program.
Sec. 26. Authorization of appropriations.D23/

SEC. 2. AMENDMENT OF TITLE 49.

    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.

SEC. 3. LOW-STRESS PIPELINES.

    Section 60102(k) is amended to read as follows:
    ``(k) Low-Stress Hazardous Liquid Pipelines.--
            ``(1) Minimum standards.--Not later than 12 months after 
        the date of enactment of the Pipeline Inspection, Protection, 
        Enforcement, and Safety Act of 2006, 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 from regulations, other than 
        regulations pertaining to incident reports and the national 
        pipeline mapping system, 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) take effect, after 
        which 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. 4. PIPELINE SAFETY AND DAMAGE PREVENTION.

    (a) One-Call Civil Enforcement.--
            (1) In general.--Section 60114 is amended by adding at the 
        end the following:
    ``(d) Prohibitions Applicable to Excavation Activities.--
            ``(1) Excavators.--A person who engages in excavation 
        activity--
                    ``(A) may not engage in that 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 excavation area;
                    ``(B) may not engage in that activity in disregard 
                of location information or markings established by a 
                pipeline facility operator pursuant to subsection (b);
                    ``(C) may not fail to take reasonable steps to 
                ensure safe excavation to prevent damage to a pipeline; 
                and
                    ``(D) who damages, or becomes aware of damage to, a 
                pipeline facility and such damage may endanger life or 
                cause serious bodily harm or damage to property, may 
                not fail to promptly report the damage to the owner or 
                operator of the facility and, if the damage results in 
                the escape of any flammable, toxic, or corrosive gas or 
                liquid, may not fail to promptly report to appropriate 
                emergency authorities.
            ``(2) Operators.--An operator of a pipeline facility that 
        fails--
                    ``(A) to respond to a location request in order to 
                prevent damage to the pipeline,
                    ``(B) to take reasonable steps in response to such 
                a request, or
                    ``(C) to ensure accurate marking of the location of 
                the pipeline in order to prevent damage to the 
                pipeline,
        shall be subject to a civil action under section 60120 or 
        assessment of a civil penalty under section 60122.''.
            (2) Excavation and excavation area defined.--Section 
        60101(a) is amended--
                    (A) by redesignating paragraphs (1) through (25) as 
                paragraphs (3) through (27); and
                    (B) by inserting before paragraph (3), as 
                redesignated, the following:
            ``(1) `excavation activity' means demolition, excavation, 
        tunneling, or construction in an excavation area;
            ``(2) `excavation area' means an excavation activity area 
        as defined by State law;''.
            (3) Conforming amendment.--Section 60122(a)(1) is amended 
        by striking ``60114(b)'' and inserting ``60114(b) or (d)''.
    (b) State Damage Prevention Programs.--
            (1) Section 60105(b)(4) is amended to read as follows:
            ``(4) has agreed to promote and take actions to establish a 
        program designed to prevent damage by excavation activity to 
        the pipeline facilities to which the certification applies 
        that--
                    ``(A) 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
                    ``(B) addresses the elements in section 
                60134(b);''.
            (2) Requirement.--Chapter 601 is amended by adding at the 
        end the following new section:
``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)(A) has an annual certification in accordance with 
        section 60105 for such fiscal year; or
            ``(B) has an agreement with the Secretary in accordance 
        with section 60106; and
            ``(2) has 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 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) Grants for Effective Programs.--For a program of a State 
authority the Secretary determines to be effective, the Secretary may 
make a grant to the State authority for the cost of the personnel, 
equipment, and activities the State authority reasonably requires 
during the next calendar year to 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 under this 
section may not be used for lobbying or in direct support of 
litigation.''.
            (3) Clerical amendment.--The chapter 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 a payment, except when this 
requirement is waived by the Secretary.''.

SEC. 5. DAMAGE PREVENTION TECHNOLOGY DEVELOPMENT.

    Section 60114, as amended by section 4, is further amended by 
adding at the end the following:
    ``(e) 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 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. 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. 6. SAFETY ORDERS.

    Section 60117(l) is amended to read as follows:
    ``(l) Safety Orders.--
            ``(2) In general.--After notice and opportunity for a 
        hearing, if the Secretary determines that a pipeline facility 
        has any condition that poses a 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, replacement, or other 
        appropriate actions to remedy that condition. The Secretary may 
        waive the requirement of notice and opportunity for a hearing 
        in an emergency described in section 60112(e).
            ``(2) Administrative Procedure.--Before exercising 
        authority under paragraph (1), the Secretary shall promulgate 
        regulations specifying the administrative procedure applicable 
        to the issuance of a safety order.
            ``(3) Considerations.--In making a determination under 
        paragraph (1), the Secretary shall, if relevant, consider--
                    ``(A) the considerations described in 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;
                    ``(D) the likelihood that the condition is present 
                or could develop in other areas of the pipeline; and
                    ``(E) other factors the Secretary considers 
                appropriate.''.

SEC. 7. 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 
                section 60108(a), 60112, 60118(a) and (b), 60120, 
                60122, or any other section of this chapter.''.

SEC. 8. TECHNICAL ASSISTANCE GRANTS.

    Section 60130 is amended--
            (1) by striking ``The Secretary shall establish 
        competitive'' in subsection (a)(1) and inserting ``No grants 
        may be awarded under section 60114(e) until the Secretary has 
        established competitive'';
            (2) by redesignating paragraph (2) of subsection (a) as 
        paragraph (4);
            (3) by inserting after paragraph (1) of subsection (a) the 
        following:
            ``(2) Demonstration grants.--At least the first 3 grants 
        awarded under this section shall be demonstration grants for 
        the purpose of evaluating the effectiveness of grants under 
        this section. Any such demonstration grant may not exceed 
        $25,000.
            ``(3) Dissemination of technical findings.--Each recipient 
        of a grant under this section shall ensure that the technical 
        findings made possible by the grant are made available to the 
        relevant operators, and that open communication between the 
        grant recipient, local operators, local communities, and other 
        interested parties is encouraged.''; and
            (4) by striking ``2006.'' in subsection (d) and inserting 
        ``2010.''.

SEC. 9. ENFORCEMENT TRANSPARENCY.

    (a) In General.--Chapter 601, as amended by section 4(b)(2) of this 
Act, is further amended by adding at the end thereof the following:
``Sec. 60135. Enforcement transparency
    ``(a) In General.--Beginning no later than October 1, 2007, the 
Secretary shall provide a monthly 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. Each 
summary shall include information on the operator involved in the 
enforcement activity, the type of violation that necessitated the 
enforcement activity, the penalty or penalties proposed, the final 
assessment amount of each penalty, and the reasons for a reduction in 
the proposed penalty, if appropriate.
    ``(b) Electronic Posting.--Each summary required under subsection 
(a) shall be made available to the public via posting by electronic 
means.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 601 is 
amended by adding at the end the following:

``60135. Enforcement transparency.''.

SEC. 10. DIRECT LINE SALES.

    Section 60101(a) is amended--
            (1) by striking paragraph (8), as redesignated by section 
        4(a)(2) of this Act, and inserting the following:
            ``(8) `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 (11), as redesignated by section 
        4(a)(2) of this Act, and inserting the following:
            ``(11) `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. 11. GAS 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 1 year after the 
        date of enactment of the Pipeline Inspection, Protection, 
        Enforcement, and Safety Act of 2006, 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.--The minimum standards shall 
        include criteria for requiring operators of natural gas 
        distribution systems--
                    ``(A) to install excess flow valves on single-
                family residential service lines that are installed or 
                replaced after the date of enactment of the Pipeline 
                Inspection, Protection, Enforcement, and Safety Act of 
                2006 on the basis of feasibility and risk analysis; and
                    ``(B) to report to the Secretary annually 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 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.''.

SEC. 12. STANDARDS TO IMPLEMENT NTSB RECOMMENDATIONS.

    Not later than 18 months after the date of enactment of this Act, 
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. 13. COORDINATION IN THE CONSTRUCTION AND EXPANSION OF HAZARDOUS 
              LIQUID PIPELINES.

    Section 60133 is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Ombudsman.--The Secretary shall designate an ombudsman to 
assist in resolving disagreements between Federal, State, or 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 the protection of 
human health, public safety, and the environment.'';
            (2) by striking ``subject to any'' in subsection (f) and 
        inserting ``and hazardous liquid pipeline construction projects 
        to be consistent with''; and
            (3) by adding at the end the following:
    ``(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 Federal agencies and State and local agencies with 
responsibility for issuing permits or otherwise authorizing pipeline 
construction projects, subject to the agencies' approval, if the 
Secretary determines that coordinating the permitting processes to 
expedite the completion of the project would be in the national 
interest and consistent with protection of the environment.''.

SEC. 14. COST RECOVERY FOR DESIGN REVIEWS.

    Section 60117 is amended by adding at the end the following:
    ``(m) 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 
liquified natural gas pipeline facility, the Secretary may require the 
person requesting such review, consultation, or field work to pay the 
associated costs incurred by the Secretary. The Secretary may assess 
such costs in a reasonable manner. Any amounts received by the 
Secretary under this subsection shall be deposited into a pipeline 
safety fund and shall be available for the purposes described in 
section 60301(d).''.

SEC. 15. HUMAN FACTORS RISK MANAGEMENT RULEMAKING.

    (a) Standards.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue 
regulations requiring operators of gas and hazardous liquid pipelines 
to evaluate and take measures to reduce risks associated with human 
factors, including fatigue, for pipeline controllers and other 
employees, as determined by the Secretary.
    (b) Risk Factors.--In carrying out this section, the Secretary 
shall require operators of gas and hazardous liquid pipelines--
            (1) to implement pipeline controller work schedules that 
        reduce the likelihood of accidents attributable to controller 
        fatigue and other human factors; and
            (2) to establish limits on controller hours of service and 
        provide predictable work and rest schedules for pipeline 
        controllers that are consistent with scientific research 
        related to human circadian rhythms and sleep and rest 
        requirements.
    (c) Applicability.--The Secretary shall determine which pipelines 
are subject to the standards issued under this section.
    (d) Risk Management.--Each operator of a pipeline that the 
Secretary determines is subject to the standards established by the 
Secretary under this section shall manage the control of the pipeline 
in accordance with those standards.

SEC. 16. EMERGENCY PREPAREDNESS.

    (a) Waivers.--Section 60118(c) is amended to read as follows:
    ``(c) Waivers by Secretary.--
            ``(1) Non-emergency waivers.--
                    ``(A) In general.--On application of a person 
                owning or operating a pipeline facility, the Secretary 
                by order may waive compliance with any part of a 
                standard prescribed under this chapter on terms the 
                Secretary considers appropriate, if the Secretary 
                determines that--
                            ``(i) it is in the public interest to grant 
                        the waiver; and
                            ``(ii) the waiver is likely to achieve a 
                        level of safety that is equivalent to, or 
                        greater than, the level of safety that would be 
                        obtained in the absence of the waiver.
                    ``(B) Period and conditions.--A waiver under this 
                paragraph may be granted for a period determined by the 
                Secretary and may be renewed upon application to the 
                Secretary. The Secretary may act on an application for 
                a waiver under this paragraph only after notice and an 
                opportunity for a hearing and, if the application is 
                granted, shall state in the order the reasons for 
                granting the requested waiver. The Secretary shall 
                immediately revoke a waiver granted under this 
                paragraph if--
                            ``(i) the waiver has resulted in a lower 
                        level of safety than was maintained before it 
                        was granted; or
                            ``(ii) continuation of the waiver would not 
                        be consistent with the goals and objectives of 
                        this chapter.
            ``(2) Emergency waivers.--
                    ``(A) In general.--The Secretary by order may waive 
                compliance with any part of a standard prescribed under 
                this chapter on terms the Secretary considers 
                appropriate without prior notice and an opportunity for 
                a hearing if the Secretary determines that--
                            ``(i) it is in the public interest to grant 
                        the waiver;
                            ``(ii) the waiver is likely to achieve a 
                        level of safety that is not inconsistent with 
                        the level of safety that would be achieved in 
                        the absence of the waiver; and
                            ``(iii) the waiver is necessary to address 
                        a major disaster or emergency declared by the 
                        President under the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) affecting pipeline transportation 
                        or other emergency as determined by the 
                        Secretary.
                    ``(B) Period and conditions.--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 state in the 
                order the reasons for issuing the waiver. The Secretary 
                shall immediately revoke a waiver issued under this 
                paragraph if--
                            ``(i) the waiver has resulted in a lower 
                        level of safety than was maintained before it 
                        was issued; or
                            ``(ii) continuation of the waiver would not 
                        be consistent with the goals and objectives of 
                        this chapter.''.
    (b) Restoration of Operations.--Section 60301(d) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1)(B);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) may be used for activities involving the restoration 
        of energy pipelines that have been, or are anticipated to 
        become, disrupted by a manmade or natural disaster, including 
        aid to Federal agencies; and''.

SEC. 17. PUBLIC EDUCATION AND AWARENESS.

    (a) In General.--Chapter 61 is amended by adding at the end the 
following:
``Sec. 6109. Public education and awareness
    ``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) Conforming Amendment.--The chapter analysis for such chapter is 
amended by inserting after the item relating to section 6108 the 
following:

``6109. Public education and awareness.''.

SEC. 18. SAFETY TECHNOLOGY AND CORROSION RESEARCH AND DEVELOPMENT.

    The Secretary of Transportation shall carry out a pipeline 
corrosion research program to improve methods, best practices, and 
technologies for identifying, detecting, preventing, and managing 
internal and external corrosion and other safety risks. The Secretary 
shall apply the research results to support development and improvement 
of national consensus standards.

SEC. 19. COST RECOVERY FOR EXTRAORDINARY EVENTS.

    Section 60117, as amended by section 14, is further amended by 
adding at the end the following subsection:
    ``(n) Extraordinary Expenses of Incident Investigation.--The 
Secretary may, by regulation, establish procedures to recover the 
Secretary's costs incurred in investigating major pipeline safety 
incidents from the person or persons responsible for the incident. 
These costs may include travel costs and contract support for the 
investigation and monitoring of the corrective measures. All sums 
collected shall be deposited into the pipeline safety fund and shall be 
available to reimburse the Secretary for the costs of investigation and 
monitoring of the incidents. Such amounts are available until 
expended.''.

SEC. 20. SENIOR EXECUTIVE SIGNATURE OF INTEGRITY MANAGEMENT PROGRAM 
              PERFORMANCE REPORTS.

    Section 60109 is amended by adding at the end the following:
    ``(e) Certification of Pipeline Integrity Management Program 
Performance.--The Secretary shall establish procedures requiring 
certification of annual and semi-annual pipeline integrity management 
program performance reports by a senior executive officer of the 
company operating the pipeline. 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. 21. LEAK DETECTION TECHNOLOGY STUDY.

    Not later than 12 months after the date of enactment of this Act, 
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. STUDY OF PIPELINE REGULATORY ADEQUACY.

    (a) In General.--The Secretary of Transportation may conduct 
analyses of the domestic transport of petroleum products by pipeline. 
The analyses should identify areas of the United States where unplanned 
loss of individual pipelines may cause shortages of petroleum products 
or price disruptions. Upon identifying such areas, the Secretary shall 
determine if the current level of safety regulation is sufficient to 
minimize the potential for unplanned loses.
    (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, and capacity.
    (c) Data Collection.--The Secretary may collect information 
relevant to the study from other Federal agencies and may enter into an 
interagency agreement for this purpose.

SEC. 23. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations in the September, 5, 
2002, Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Within 9 months after the date of 
enactment of this Act the Secretary of Homeland Security and Secretary 
of Transportation shall develop and implement a plan for reviewing the 
pipeline security plan and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September, 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department of 
Homeland Security or the Department of Transportation.
    (c) Compliance Review Methodology--In reviewing pipeline operator 
compliance under subsections (a) and (b), risk assessment methodologies 
shall be used to prioritize vulnerabilities and to target inspection 
and enforcement actions to the most vulnerable and critical pipeline 
assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary of Homeland Security and Secretary of Transportation 
shall develop and transmit to pipeline operators security 
recommendations for natural gas and hazardous liquid pipelines and 
pipeline facilities. If the Secretary of Homeland Security determines 
that regulations are appropriate, the Secretary of Homeland Security 
shall consult with the Secretary of Transportation on the extent of 
risk and appropriate mitigation measures, and the Secretary of 
Transportation or the Secretary of Homeland Security, consistent with 
the memorandum of understanding annex signed on August 9, 2006, shall 
promulgate such regulations and carry out necessary inspection and 
enforcement actions. Any regulations should incorporate the guidance 
provided to pipeline operators by the September 5, 2002, Department of 
Transportation Research and Special Programs Administration's Pipeline 
Security Information Circular and contain additional requirements as 
necessary based upon the results of the inspections performed under 
subsection (b). The regulations shall include the imposition of civil 
penalties for non-compliance.

SEC. 24. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation and the Pipeline and 
Hazardous Materials Safety Administration, and in accordance with the 
Memorandum of Understanding Annex executed on August 9, 2006, shall 
develop a Pipeline Security and Incident Recovery Protocols Plan. The 
plan shall include--
            (1) a plan for the Federal Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 23--
                    (A) at high or severe security threat levels of 
                alert; and
                    (B) when specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.
    (b) Existing Private and Public Sector Efforts.--The plan shall 
take into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation, interstate and intrastate transmission and distribution 
pipeline operators, pipeline labor, first responders, shippers of 
hazardous materials, State Departments of Transportation, public safety 
officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the plan required by 
        subsection (a), along with an estimate of the private and 
        public sector costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.

SEC. 25. TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--Out of amounts made available to Secretary under 
this Act, the Secretary may award, through a competitive process, 
grants to Universities with expertise in pipeline safety and security 
research to establish jointly a collaborative program to conduct 
pipeline safety and security technical assistance.
    (b) Duties.--
            (1) In general.--In cooperation with the Pipeline and 
        Hazardous Materials Safety Administration and representatives 
        from States and boards of public utilities, the collaborative 
        program established under subsection (a) shall develop 
        workforce training and technology transfer programs through 
        statewide and regional partnerships that--
                    (A) communicate national, State, and local safety 
                information to pipeline operators;
                    (B) distribute technical resources and training to 
                support current and future Federal mandates; and
                    (C) evaluates program outcomes.
            (2) Training and educational program.--The training and 
        educational programs developed under paragraph (1) may include 
        courses in recent developments, techniques, and procedures 
        related to--
                    (A) safety and security of pipeline systems;
                    (B) incident and risk management for such systems;
                    (C) integrity management for such systems;
                    (D) consequence modeling;
                    (E) detection of encroachments and monitoring of 
                rights-of-way; and
                    (F) vulnerability assessment at both project and 
                national levels.

SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

    (a) 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, 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 research, $16,535,000 is for State 
                Grants and $1,021,000 is for one call grants.
                    ``(B) For fiscal year 2008, $67,043,000 of which 
                $7,586,000 is for research, $17,496,000 is for State 
                Grants, $1,043,000 is for one call grants, $1,500,000 
                is for damage prevention grants, and $500,000 is for 
                technology grants.
                    ``(C) For fiscal year 2009, $72,045,000 of which 
                $7,586,000 is for research, $18,187,000 is for State 
                Grants, $1,065,000 is for one call grants, $1,750,000 
                is for damage prevention grants, and $511,000 is for 
                technology grants.
                    ``(D) For fiscal year 2010, $76,580,000 of which 
                $7,586,000 is for research, $18,643,000 is for State 
                Grants, $1,088,000 is for one call grants, $2,000,000 
                is for damage prevention grants, and $521,000 is for 
                technology 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 gas and 
        hazardous liquid:
                    ``(A) For fiscal year 2007, $18,810,000 of which 
                $4,207,000 is for research and $2,682,000 is for State 
                Grants.
                    ``(B) For fiscal year 2008, $19,000,000 of which 
                $4,207,000 is for research and $2,682,000 is for State 
                Grants.
                    ``(C) For fiscal year 2009, $19,500,000 of which 
                $4,207,000 is for research and $3,103,000 is for State 
                Grants.
                    ``(D) For fiscal year 2010, $20,000,000 of which 
                $4,207,000 is for research and $3,603,000 is for State 
                Grants.''.
    (b) 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 not fall below 
100 for fiscal year 2007, 111 for fiscal year 2008, 123 for fiscal year 
2009, and 135 for fiscal year 2010.
    (c) Conforming Amendments.--
            (1) Section 60125 is amended--
                    (A) by striking subsection (c) and redesignating 
                subsections (d) and (e) as subsections (c) and (d), 
                respectively; and
                    (B) by striking ``2003 through 2006'' in paragraph 
                (2) of subsection (c), as redesignated, and inserting 
                ``2007 through 2010''.
            (2) Section 6107 is amended--
                    (A) by striking ``2003 through 2006.'' in 
                subsection (a) and inserting ``2007 through 2010.''; 
                and
                    (B) by striking ``2003 through 2006.'' in 
                subsection (b) and inserting ``2007 through 2010.''.
            (3) Section 5128 is amended--
                    (A) by adding at the end of subsection (a) the 
                following:
            ``(5) For fiscal year 2009, such sums as may be necessary.
            ``(6) For fiscal year 2010, such sums as may be 
        necessary.'';
                    (B) by striking ``through 2008'' in subsection (b) 
                and inserting ``through 2010''; and
                    (C) by striking ``through 2008.'' in subsection (c) 
                and inserting ``through 2010.''.
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