(b) 
STATE
DAMAGE
PREVENTION
PRO-
GRAMS.—(1) 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, exca-
vation, tunneling, or construction activ-
ity 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 sub-
stantially the same as are provided under 
this chapter, and addresses the elements 
in section 60134(b);’’. 
(2) Chapter 601 is amended by adding at 
the end the following new section: 
‘‘§ 60134. State damage prevention programs. 
‘‘(a) ELIGIBILITY.—A State authority (in-
cluding a municipality if the agreement under 
section 60106(a) or (b) applies to intrastate 
gas pipeline transportation) shall be eligible 
for a grant under this section only if— 
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‘‘(1) it has an annual certification 
under section 60105 or an agreement 
under section 60106; and 
‘‘(2) either— 
‘‘(A) it is from a State that has an 
effective damage prevention program 
that meets the requirements of sub-
section (b); or 
‘‘(B) it demonstrates that it has 
made substantial progress toward es-
tablishing such a program, and that 
such program will meet the require-
ments of subsection (b). 
‘‘(b) DAMAGE PREVENTION PROGRAM ELE-
MENTS.—An effective damage prevention pro-
gram includes the following elements: 
‘‘(1) Participation by operators, exca-
vators, and other stakeholders in the de-
velopment and implementation of meth-
ods for establishing and maintaining ef-
fective 
communications 
among 
stake-
holders from receipt of a notification of 
demolition, excavation, tunneling, or con-
struction until successful completion of 
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the demolition, excavation, tunneling, or 
construction, as appropriate. 
‘‘(2) A process for fostering and ensur-
ing the support and partnership of stake-
holders, including excavators, operators, 
locators, designers, and local government 
in all phases of the program. 
‘‘(3) A process for reviewing the ade-
quacy of a pipeline operator’s internal 
performance measures regarding persons 
performing locating services and quality 
assurance programs. 
‘‘(4) Participation by operators, exca-
vators, the one-call center, the enforcing 
agency, and other stakeholders in the de-
velopment and implementation of effec-
tive training programs for the employees 
of operators, excavators, and locators. 
‘‘(5) A process for fostering and ensur-
ing active participation by all stake-
holders 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. 
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‘‘(7) Enforcement of State damage 
prevention laws and regulations for all 
aspects of the demolition, excavation, 
tunneling, or construction process, in-
cluding public education, and the use of 
civil penalties for violations assessable by 
the appropriate State authority. 
‘‘(8) A process for fostering and pro-
moting the use, by all appropriate stake-
holders, of improving technologies that 
may enhance communications, under-
ground 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 ele-
ment, including a means for imple-
menting improvements identified by such 
program reviews. 
‘‘(c) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—The Secretary may 
make a grant of financial assistance to a 
State authority that is eligible under this 
section to assist in improving the overall 
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quality and effectiveness of a damage 
prevention program of a State. In making 
grants under this section, the Secretary 
shall take into consideration the commit-
ment of each State to ensuring the effec-
tiveness of its damage prevention pro-
gram, including legislative and regu-
latory actions taken by the State. 
‘‘(2) APPLICATION.—If a State authority 
files an application for a grant under this 
section not later than September 30 of a 
calendar year, the Secretary of Transpor-
tation shall review the State’s damage 
prevention program to determine its ef-
fectiveness. For programs determined to 
be effective, the Secretary may make a 
grant of financial assistance for the cost 
of the personnel, equipment, and activi-
ties the authority reasonably requires 
during the next calendar year to carry 
out an effective damage prevention en-
forcement program. A grant made under 
this section is not subject to the section 
60107(a) limitation on the maximum per-
centage of funds to be paid by the Sec-
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PWALKER on PRODPC60 with BILLS
retary. Funds provided under this section 
may not be used for lobbying or in direct 
support of litigation.’’. 
(3) In the table of sections of chapter 601, 
the following item is added at the end: 
‘‘60134. State damage prevention programs.’’. 
(c) STATE PIPELINE SAFETY GRANTS.—Sec-
tion 60107(a) is amended by striking ‘‘not 
more than 50 percent’’ and inserting ‘‘not 
more than 80 percent’’. 
(d) DAMAGE PREVENTION TECHNOLOGY DE-
VELOPMENT.—Section 60114 (as amended by 
this section) is further amended by adding at 
the end the following new subsection: 
‘‘(f) TECHNOLOGY DEVELOPMENT GRANTS.— 
To the extent and in the amount provided in 
advance in appropriations acts, the Secretary 
may make grants to any organization or enti-
ty (not including for-profit entities) for the de-
velopment of technologies that will facilitate 
the prevention of pipeline damage caused by 
demolition, excavation, tunneling, or con-
struction activities, with emphasis on wire-
less and global positioning technologies hav-
ing potential for use in connection with notifi-
cation systems and underground facility lo-
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PWALKER on PRODPC60 with BILLS
cating and marking services. Funds provided 
under this subsection may not be used for lob-
bying or in direct support of litigation. The 
Secretary may also support such technology 
development through cooperative agreements 
with trade associations, academic institu-
tions, and other organizations.’’. 
(e) PUBLIC EDUCATION AND AWARENESS.— 
(1) AMENDMENT.—Chapter 61 of title 
49, United States Code, is amended by 
adding at the end the following new sec-
tion: 
‘‘§ 6109. Public education and awareness. 
‘‘(a) GRANT
AUTHORITY.—The Secretary 
shall make a grant to an appropriate entity 
for promoting public education and aware-
ness with respect to the 811 national exca-
vation damage prevention phone number. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
the Secretary $1,000,000 for fiscal year 2007 
for carrying out this section.’’. 
(2) 
CONFORMING
AMENDMENT.—The 
table of sections of chapter 61 of title 49, 
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PWALKER on PRODPC60 with BILLS
United States Code, is amended by add-
ing at the end the following new item: 
‘‘6109. Public education and awareness.’’. 
(f) SAFETY
ORDERS.—Section 60117(l) is 
amended to read as follows: 
‘‘(l) SAFETY ORDERS.— 
‘‘(1) IN
GENERAL.—Not later than 1 
year after the date of enactment of the 
Pipeline Safety and Improvement Act of 
2006, the Secretary shall issue regula-
tions providing that, after notice and op-
portunity 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 en-
vironment, the Secretary may order the 
operator of the facility to take necessary 
corrective action, including physical in-
spection, testing, repair, replacement, or 
other appropriate action, to remedy that 
condition. 
‘‘(2) CONSIDERATIONS.—In making a de-
termination under paragraph (1), the Sec-
retary shall, if relevant, and pursuant to 
the regulations issued under paragraph 
(1), consider— 
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PWALKER on PRODPC60 with BILLS
‘‘(A) the considerations specified 
in section 60112(b); 
‘‘(B) the likelihood that the condi-
tion will impair the serviceability of a 
pipeline; 
‘‘(C) the likelihood that the condi-
tion will worsen over time; and 
‘‘(D) the likelihood that the condi-
tion is present or could develop on 
other areas of the pipeline.’’. 
(g) INTEGRITY PROGRAM ENFORCEMENT.— 
Section 60109(c)(9)(A)(iii) is amended to read 
as follows: 
‘‘(iii) INADEQUATE PROGRAMS.— 
If the Secretary determines that a 
risk analysis or integrity manage-
ment program does not comply 
with the requirements of this sub-
section or regulations issued as 
described in paragraph (2), has 
not 
been 
adequately 
imple-
mented, or is inadequate for the 
safe operation of a pipeline facil-
ity, the Secretary may conduct 
proceedings 
under 
sections 
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PWALKER on PRODPC60 with BILLS
60108(a), 60112, 60118(a) and (b), 
60120, 60122, or any other section 
of this chapter.’’. 
(h) 
LOW-STRESS
PIPELINES.—Section 
60102(k) is amended to read as follows: 
‘‘(k) LOW-STRESS HAZARDOUS LIQUID PIPE-
LINES.— 
‘‘(1) MINIMUM
STANDARDS.—Not later 
than 12 months after the date of enact-
ment of the Pipeline Safety Improvement 
Act of 2006, the Secretary shall issue reg-
ulations subjecting low-stress hazardous 
liquid pipelines to the same standards 
and regulations as other hazardous liquid 
pipelines, except as provided in para-
graph (3). The implementation of the ap-
plicable standards and regulatory re-
quirements may be phased in. The regu-
lations 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 re-
quirements of this chapter for a haz-
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PWALKER on PRODPC60 with BILLS
ardous liquid pipeline because the pipe-
line operates at low internal stress. 
‘‘(3) LIMITED
EXCEPTIONS.—The Sec-
retary shall provide or continue in force 
exceptions to this subsection for low- 
stress hazardous liquid pipelines that— 
‘‘(A) are subject to safety regula-
tions of the United States Coast 
Guard; or 
‘‘(B) 
serve 
refining, 
manufac-
turing, or truck, rail, or vessel ter-
minal 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 navi-
gation, 
until regulations issued under paragraph 
(1) become effective, after which the Sec-
retary may retain or remove those excep-
tions as appropriate. 
‘‘(4) RELATIONSHIP
TO
OTHER
LAWS.— 
Nothing in this subsection shall be con-
strued to prohibit or otherwise affect the 
applicability of any other statutory or 
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PWALKER on PRODPC60 with BILLS
regulatory exemption to any hazardous 
liquid pipeline. 
‘‘(5) DEFINITION.—For purposes of this 
subsection, 
the 
term 
‘low-stress 
haz-
ardous liquid pipeline’ means a haz-
ardous 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 require-
ments of this subsection shall not take ef-
fect as to low-stress hazardous liquid 
pipeline operators before the effective 
date of the rules promulgated by the Sec-
retary under this subsection.’’. 
(i) CORROSION
CONTROL
REGULATIONS.— 
The Secretary of Transportation, in consulta-
tion 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 
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PWALKER on PRODPC60 with BILLS
such regulations will not present a hazard to 
public safety or the environment. The Sec-
retary shall submit a report to the Congress 
within one year after the date of enactment 
of this Act containing the results of such re-
view, and may modify such regulations if nec-
essary and appropriate. 
(j) 
CRITICAL
ENERGY
INFRASTRUCTURE 
STUDY.—The Secretary of Energy, in consulta-
tion with the Secretary of Transportation, 
shall analyze the domestic transport of crude 
oil and other petroleum products by pipeline. 
Such analysis shall identify areas where reli-
ability concerns exist or where failure or un-
planned loss of individual pipeline facilities 
may cause shortages of crude oil or other pe-
troleum products or price disruptions. Not 
later than one year after the date of enact-
ment of this Act, the Secretaries shall submit 
a report to the Congress setting forth their 
recommendations to reduce the likelihood of 
such shortages or disruptions. 
(k) NATURAL
GAS
PIPELINES.—The Sec-
retary shall review and comment on the 
Comptroller General report issued under sec-
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PWALKER on PRODPC60 with BILLS
tion 14(d)(1) of the Pipeline Safety Improve-
ment Act of 2002 (49 U.S.C. 60109 note), and 
not later than 60 days after the date of enact-
ment of this Act, transmit to the Congress any 
legislative recommendations the Secretary 
considers necessary and appropriate to imple-
ment the conclusions of that report. 
(l) TECHNICAL ASSISTANCE GRANTS.—Sec-
tion 60130 is amended— 
(1) in subsection (a)(1) by striking 
‘‘The Secretary shall establish competi-
tive’’ and insert ‘‘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 new para-
graphs: 
‘‘(2) DEMONSTRATION GRANTS.—At least 
the first 3 grants awarded under this sec-
tion shall be demonstration grants for the 
purpose of demonstrating and evaluating 
the utility of grants under this section. 
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Each such demonstration grant shall not 
exceed $25,000. 
‘‘(3) DISSEMINATION OF TECHNICAL FIND-
INGS.—Each recipient of a grant under 
this section shall ensure that the tech-
nical findings made possible by the 
grants are made available to the relevant 
operators, and that open communication 
between the grant recipients, local opera-
tors, local communities, and other inter-
ested parties is encouraged.’’; and 
(4) in subsection (d) by striking 
‘‘2006’’ and inserting ‘‘2010’’. 
(m) 
ENFORCEMENT
TRANSPARENCY.—(1) 
Chapter 601, as amended by this section, is 
amended by adding at the end the following 
new section: 
‘‘§ 60135. Enforcement transparency. 
‘‘(a) IN
GENERAL.—Not later than 12 
months after the date of enactment of this sec-
tion, the Secretary shall— 
‘‘(1) provide a monthly updated sum-
mary to the public of all gas and haz-
ardous liquid pipeline enforcement ac-
tions taken by the Secretary or the Pipe-
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line and Hazardous Materials Safety Ad-
ministration, from the time a notice com-
mencing an enforcement action is issued 
until the enforcement action is final. 
Each summary shall include identifica-
tion of the operator involved in the en-
forcement activity, the type of alleged 
violation, the penalty or penalties pro-
posed, any changes in case status since 
the previous summary, the final assess-
ment amount of each penalty, and the 
reasons for a reduction in the proposed 
penalty, if appropriate; and 
‘‘(2) provide a mechanism by which a 
pipeline operator named in an enforce-
ment action may make information, ex-
planations, or documents it believes are 
responsive to the enforcement action 
available to the public. 
‘‘(b) ELECTRONIC POSTING.—Each summary 
required under this section shall be made 
available to the public via posting by elec-
tronic means. 
‘‘(c) RELATIONSHIP
TO FOIA.—Nothing in 
this section shall be construed to require dis-
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closure of information or records that would 
be exempt from disclosure under section 552 
of title 5, United States Code (commonly 
known as the Freedom of Information Act).’’. 
(2) In the table of sections of chapter 601, 
as amended by this section, the following item 
is added at the end: 
‘‘60135. Enforcement transparency.’’. 
(n) COST REIMBURSEMENTS.—Section 60117 
is amended by adding at the end the following 
new subsection: 
‘‘(m) COST
RECOVERY
FOR
DESIGN
RE-
VIEWS.—If the Secretary conducts facility de-
sign safety reviews in connection with a pro-
posal to construct, expand, or operate a lique-
fied natural gas pipeline facility, the Sec-
retary may require the person requesting 
such reviews to pay the associated staff costs 
relating to such reviews incurred by the Sec-
retary, such funds to be deposited into the 
pipeline safety fund. Funds deposited pursu-
ant to this section are authorized to be appro-
priated for the purposes set forth in section 
60301(d). The Secretary may assess such costs 
in any reasonable manner.’’. 
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PWALKER on PRODPC60 with BILLS
(o) DIRECT LINE SALES.—Section 60101(a) 
is amended— 
(1) by amending paragraph (6) to 
read as follows: 
‘‘(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 amending paragraph (9) to 
read as follows: 
‘‘(9) ‘intrastate gas pipeline facility’ 
means a gas pipeline facility and trans-
portation of gas within a State not sub-
ject to the jurisdiction of the Commission 
under the Natural Gas Act (15 U.S.C. 717 
et seq.);’’. 
SEC. 3. DISTRIBUTION INTEGRITY MANAGEMENT PRO-
GRAM RULEMAKING DEADLINE. 
Section 60109 of title 49, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(e) DISTRIBUTION INTEGRITY MANAGEMENT 
PROGRAMS.—Not later than 1 year after the 
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date of enactment of this subsection, the Sec-
retary shall prescribe minimum standards for 
integrity management programs for distribu-
tion pipelines.’’. 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
(a) Section 60125(a) is amended to read as 
follows: 
‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry 
out this chapter (except for section 60107) re-
lated to gas and hazardous liquid, the fol-
lowing amounts are authorized to be appro-
priated to the Secretary, from fees collected 
under section 60301 in each respective year, 
and from the Oil Spill Liability Trust Fund: 
‘‘(1) For fiscal year 2007, $55,497,000, 
of which $39,872,000 shall be from fees 
and $15,625,000 shall be from the Fund. 
‘‘(2) For fiscal year 2008, $57,997,000, 
of which $42,651,000 shall be from fees 
and $15,346,000 shall be from the Fund. 
‘‘(3) For fiscal year 2009, $60,482,000, 
of which $44,839,000 shall be from fees 
and $15,643,000 shall be from the Fund. 
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‘‘(4) For fiscal year 2010, $62,375,000, 
of which $46,444,000 shall be from fees 
and $15,931,000 shall be from the Fund.’’. 
(b) Section 60125(b)(l) is amended to read 
as follows: 
‘‘(1) To carry out section 60107, the 
following amounts are authorized to be 
appropriated to the Secretary, from fees 
collected under section 60301 in each re-
spective year, and from the Oil Spill Li-
ability Trust Fund: 
‘‘(A) 
For 
fiscal 
year 
2007, 
$20,238,000, of which $17,053,000 shall 
be from fees and $3,185,000 shall be 
from the Fund. 
‘‘(B) 
For 
fiscal 
year 
2008, 
$23,221,000, of which $19,567,000 shall 
be from fees and $3,654,000 shall be 
from the Fund. Of the amount appro-
priated, $1,500,000 shall be available 
for fiscal year 2008 for the grants to 
States authorized in section 60134. 
‘‘(C) 
For 
fiscal 
year 
2009, 
$24,513,000, of which $20,656,000 shall 
be from fees and $3,857,000 shall be 
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PWALKER on PRODPC60 with BILLS
from the Fund. Of the amount appro-
priated, $1,750,000 shall be available 
for fiscal year 2009 for the grants to 
States authorized in section 60134. 
‘‘(D) 
For 
fiscal 
year 
2010, 
$25,855,000, of which $21,786,000 shall 
be from fees and $4,069,000 shall be 
from the Fund. Of the amount appro-
priated, $2,000,000 shall be available 
for fiscal year 2010 for the grants to 
States authorized in section 60134.’’. 
(c) Section 60125(c) is repealed. 
(d) Subsections (d) and (e) of section 60125 
are redesignated as subsections (c) and (d), 
respectively. 
(e) Section 60125(c)(2), as so redesignated 
by subsection (d) of this section, is amended 
by striking ‘‘2003 through 2006’’ and inserting 
‘‘2007 through 2010’’. 
(f) Section 6105(c)(2) is amended by strik-
ing ‘‘fiscal years 2003 through 2006’’ and in-
serting ‘‘fiscal years 2007 through 2010’’. 
(g) Section 6107 is amended— 
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(1) in subsection (a), by striking ‘‘fis-
cal years 2003 through 2006’’ and insert-
ing ‘‘fiscal years 2007 through 2010’’; and 
(2) in subsection (b), by striking ‘‘for 
fiscal years 2003 through 2006’’ and in-
serting ‘‘for fiscal years 2007 through 
2010’’. 
SEC. 5. INCIDENT REPORTING. 
(a) AMENDMENT.—Chapter 601 is amended 
by adding at the end the following section: 
‘‘§ 60136. Incident reporting. 
‘‘Not later than 12 months after date of en-
actment of this section, the Secretary shall re-
view the incident reporting requirements for 
operators of natural gas pipelines and modify 
the reporting criteria as appropriate to en-
sure that the incident data gathered accu-
rately reflects incident trends over time, tak-
ing into consideration the recommendations 
from the Comptroller General in GAO report 
06–946.’’. 
(b) TECHNICAL AMENDMENT.—In the table 
of sections of chapter 601, the following item 
is added at the end: 
‘‘60136. Incident reporting.’’. 
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Union Calendar No. 429 
109TH CONGRESS 
2D SESSION 
H. R. 5782 
[Report No. 109–717, Parts I and II] 
A BILL 
To amend title 49, United States Code, to provide 
for enhanced safety and environmental protection 
in pipeline transportation, to provide for en-
hanced reliability in the transportation of the 
Nation’s energy products by pipeline, and for 
other purposes. 
DECEMBER 5, 2006 
Reported from the Committee on Transportation and 
Infrastructure with an amendment 
DECEMBER 5, 2006 
Reported from the Committee on Energy and Commerce 
with an amendment, committed to the Committee of 
the Whole House on the State of the Union, and or-
dered to be printed 
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