[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.''.
<all>D23/