†
220
HR 4954 EAS
(A) at high or severe security threat levels
of alert; and
(B) when specific security threat informa-
tion relating to such pipeline infrastructure or
operations exists; and
(2) an incident recovery protocol plan, developed
in conjunction with interstate and intrastate trans-
mission and distribution pipeline operators and ter-
minals and facilities operators connected to pipelines,
to develop protocols to ensure the continued transpor-
tation of natural gas and hazardous liquids to essen-
tial markets and for essential public health or na-
tional defense uses in the event of an incident affect-
ing the interstate and intrastate natural gas and haz-
ardous liquid transmission and distribution pipeline
system, which shall include protocols for granting ac-
cess to pipeline operators for pipeline infrastructure
repair, replacement or bypass following an incident.
(b) EXISTING PRIVATE
AND PUBLIC SECTOR EF-
FORTS.—The plan shall take into account actions taken or
planned by both private and public entities to address iden-
tified pipeline security issues and assess the effective inte-
gration of such actions.
(c) CONSULTATION.—In developing the plan under
subsection (a), the Secretary of Homeland Security shall
†
221
HR 4954 EAS
consult with the Secretary of Transportation, interstate and
intrastate transmission and distribution pipeline operators,
pipeline labor, first responders, shippers of hazardous mate-
rials, 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 Home-
land 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 Transpor-
tation and Infrastructure of the House of Representa-
tives a report containing the plan required by sub-
section (a), along with an estimate of the private and
public sector costs to implement any recommenda-
tions.
(2) FORMAT.—The Secretary may submit the re-
port in both classified and redacted formats if the
Secretary determines that such action is appropriate
or necessary.
(e) FUNDING.—There are authorized to be appro-
priated to the Secretary of Homeland Security to carry out
this section $1,000,000 for fiscal year 2007.
†
222
HR 4954 EAS
SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCE-
MENT.
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act the Secretary of Homeland Security,
in consultation with the Secretary of Transportation, shall
establish a program for reviewing pipeline operator adop-
tion of recommendations in the September, 5, 2002, Depart-
ment 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 shall com-
plete a review of the pipeline security plan and an inspec-
tion 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 Home-
land Security or the Department of Transportation, as de-
termined by the Secretary in consultation with the Sec-
retary of Transportation.
(c) COMPLIANCE REVIEW METHODOLOGY.—In review-
ing pipeline operator compliance under subsections (a) and
(b), the Secretary shall utilize risk assessment methodologies
to prioritize vulnerabilities and to target inspection and en-
†
223
HR 4954 EAS
forcement actions to the most vulnerable and critical pipe-
line assets.
(d) REGULATIONS.—Within 1 year after the date of
enactment of this Act, the Secretary shall transmit to pipe-
line operators and the Secretary of Transportation security
recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary of Home-
land Security determines that regulations are appropriate,
the Secretary shall promulgate such regulations and carry
out necessary inspection and enforcement actions. Any reg-
ulations should incorporate the guidance provided to pipe-
line operators by the September 5, 2002, Department of
Transportation Research and Special Programs Adminis-
tration’s Pipeline Security Information Circular and con-
tain additional requirements as necessary based upon the
results of the inspections performed under subsection (b).
The regulations shall include the imposition of civil pen-
alties for non-compliance.
(e) FUNDING.—There are authorized to be appro-
priated to the Secretary of Homeland Security to carry out
this section—
(1) $2,000,000 for fiscal year 2007; and
(2) $2,000,000 for fiscal year 2008.
†
224
HR 4954 EAS
SEC. 910. TECHNICAL CORRECTIONS.
(a) HAZMAT LICENSES.—Section 5103a of title 49,
United States Code, is amended—
(1) by inserting ‘‘of Homeland Security’’ each
place it appears in subsections (a)(1), (d)(1)(b), and
(e); and
(2) by redesignating subsection (h) as subsection
(i) and inserting the following after subsection (g):
‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY
CARDS.—Upon application, a State shall issue to an indi-
vidual a license to operate a motor vehicle transporting in
commerce a hazardous material without the security assess-
ment required by this section, provided the individual meets
all other applicable requirements for such a license, if the
Secretary of Homeland Security has previously determined,
under section 70105 of title 46, United States Code, that
the individual does not pose a security risk.’’.
TITLE 
X—IP-ENABLED 
VOICE
COMMUNICATIONS AND PUB-
LIC SAFETY
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘IP-Enabled Voice Com-
munications and Public Safety Act of 2006’’.
SEC. 1002. EMERGENCY SERVICE.
(a) ACCESS TO 911 COMPONENTS.—Within 90 days
after the date of enactment of this Act, the Commission shall
†
225
HR 4954 EAS
issue regulations regarding access by IP-enabled voice serv-
ice providers to 911 components that permit any IP-enabled
voice service provider to elect to be treated as a commercial
mobile service provider for the purpose of access to any 911
component, except that the regulations issued under this
subsection may take into account any technical or network
security issues that are specific to IP-enabled voice services.
(b) STATE AUTHORITY OVER FEES.—Nothing in this
title, the Communications Act of 1934, or any Commission
regulation or order shall prevent the imposition on, or col-
lection from, a provider of IP-enabled voice services of any
fee or charge specifically designated by a State, political
subdivision thereof, or Indian tribe for the support of 911
or E–911 services if that fee or charge—
(1) does not exceed the amount of any such fee
or charge imposed on or collected from a provider of
telecommunications services; and
(2) is obligated or expended in support of 911
and E–911 services, or enhancements of such services,
or other emergency communications services as speci-
fied in the provision of State or local law adopting
the fee or charge.
(c) PARITY OF PROTECTION FOR PROVISION OR USE
OF IP-ENABLED VOICE SERVICE.—A provider or user of
IP-enabled voice services, a PSAP, and the officers, direc-