H. R. 5782
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
An Act 
To amend title 49, United States Code, to provide for enhanced safety and environ-
mental protection in pipeline transportation, to provide for enhanced reliability 
in the transportation of the Nation’s energy products by pipeline, and for other 
purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES 
CODE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pipeline 
Inspection, Protection, Enforcement, and Safety Act of 2006’’. 
(b) AMENDMENT OF TITLE 49, UNITED STATES CODE.—Except 
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or 
a repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code. 
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code; table of contents. 
Sec. 2. Pipeline safety and damage prevention. 
Sec. 3. Public education and awareness. 
Sec. 4. Low-stress pipelines. 
Sec. 5. Technical assistance grants. 
Sec. 6. Enforcement transparency. 
Sec. 7. Direct line sales. 
Sec. 8. Petroleum transportation capacity and regulatory adequacy study. 
Sec. 9. Distribution integrity management program rulemaking deadline. 
Sec. 10. Emergency waivers. 
Sec. 11. Restoration of operations. 
Sec. 12. Pipeline control room management. 
Sec. 13. Safety orders. 
Sec. 14. Integrity program enforcement. 
Sec. 15. Incident reporting. 
Sec. 16. Senior executive signature of integrity management program performance 
reports. 
Sec. 17. Cost recovery for design reviews. 
Sec. 18. Authorization of appropriations. 
Sec. 19. Standards to implement NTSB recommendations. 
Sec. 20. Accident reporting form. 
Sec. 21. Leak detection technology study. 
Sec. 22. Corrosion control regulations. 
Sec. 23. Inspector General report. 
Sec. 24. Technical assistance program. 
Sec. 25. Natural gas pipelines. 
Sec. 26. Corrosion technology.
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION. 
(a) ONE CALL CIVIL ENFORCEMENT.—
(1) PROHIBITIONS.—Section 60114 is amended by adding 
at the end the following:
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‘‘(d) PROHIBITION APPLICABLE TO EXCAVATORS.—A person who 
engages in demolition, excavation, tunneling, or construction—
‘‘(1) may not engage in a demolition, excavation, tunneling, 
or construction activity in a State that has adopted a one-
call notification system without first using that system to estab-
lish the location of underground facilities in the demolition, 
excavation, tunneling, or construction area; 
‘‘(2) may not engage in such demolition, excavation, tun-
neling, or construction activity in disregard of location informa-
tion or markings established by a pipeline facility operator 
pursuant to subsection (b); and 
‘‘(3) and who causes damage to a pipeline facility that 
may endanger life or cause serious bodily harm or damage 
to property—
‘‘(A) may not fail to promptly report the damage to 
the owner or operator of the facility; and 
‘‘(B) if the damage results in the escape of any flam-
mable, toxic, or corrosive gas or liquid, may not fail to 
promptly report to other appropriate authorities by calling 
the 911 emergency telephone number. 
‘‘(e) PROHIBITION
APPLICABLE
TO
UNDERGROUND
PIPELINE 
FACILITY OWNERS AND OPERATORS.—Any owner or operator of a 
pipeline facility who fails to respond to a location request in order 
to prevent damage to the pipeline facility or who fails to take 
reasonable steps, in response to such a request, to ensure accurate 
marking of the location of the pipeline facility in order to prevent 
damage to the pipeline facility shall be subject to a civil action 
under section 60120 or assessment of a civil penalty under section 
60122. 
‘‘(f) LIMITATION.—The Secretary may not conduct an enforce-
ment proceeding under subsection (d) for a violation within the 
boundaries of a State that has the authority to impose penalties 
described in section 60134(b)(7) against persons who violate that 
State’s damage prevention laws, unless the Secretary has deter-
mined that the State’s enforcement is inadequate to protect safety, 
consistent with this chapter, and until the Secretary issues, through 
a rulemaking proceeding, the procedures for determining inad-
equate State enforcement of penalties.’’. 
(2) CIVIL
PENALTY.—Section 60122(a)(1) is amended by 
striking ‘‘60114(b)’’ and inserting ‘‘60114(b), 60114(d),’’. 
(b) STATE DAMAGE PREVENTION PROGRAMS.—
(1) CONTENTS OF CERTIFICATIONS.—Section 60105(b)(4) is 
amended to read as follows: 
‘‘(4) is encouraging and promoting the establishment of 
a program designed to prevent damage by demolition, exca-
vation, tunneling, or construction activity to the pipeline facili-
ties 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 substan-
tially the same as are provided under this chapter, and 
addresses the elements in section 60134(b);’’. 
(2) IN GENERAL.—Chapter 601 is amended by adding at 
the end the following: 
‘‘§ 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
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pipeline transportation) to assist in improving the overall quality 
and effectiveness of a damage prevention program of the State 
authority under subsection (e) if the State authority—
‘‘(1) has in effect an annual certification under section 
60105 or an agreement under section 60106; and 
‘‘(2)(A) has in effect an effective damage prevention pro-
gram that meets the requirements of subsection (b); or 
‘‘(B) demonstrates that it has made substantial progress 
toward establishing such a program, and that such program 
will meet the requirements of subsection (b). 
‘‘(b) DAMAGE PREVENTION PROGRAM ELEMENTS.—An effective 
damage prevention program includes the following elements: 
‘‘(1) Participation by operators, excavators, and other stake-
holders 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 stake-
holders 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 participa-
tion by all stakeholders in public education for damage preven-
tion 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 sec-
tion, 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 execu-
tive) of the State has designated it as the appropriate State
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authority to receive the grant, the Secretary shall review the State’s 
damage prevention program to determine its effectiveness. 
‘‘(e) USE OF FUNDS.—A grant under this section to a State 
authority may only be used to pay the cost of the personnel, equip-
ment, and activities that the State authority reasonably requires 
for the calendar year covered by the grant to develop or carry 
out its damage prevention program in accordance with subsection 
(b). 
‘‘(f) NONAPPLICABILITY OF LIMITATION.—A grant made under 
this section is not subject to the section 60107(a) limitation on 
the maximum percentage of funds to be paid by the Secretary. 
‘‘(g) LIMITATION ON USE OF FUNDS.—Funds provided to carry 
out this section may not be used for lobbying or in direct support 
of litigation. 
‘‘(h) DAMAGE PREVENTION PROCESS DEFINED.—In this section, 
the term ‘damage prevention process’ means a process that incor-
porates the principles described in sections 60114(b), 60114(d), and 
60114(e).’’. 
(3) CLERICAL AMENDMENT.—The analysis for chapter 601 
is amended by adding at the end the following:
‘‘60134. State damage prevention programs.’’.
(c) STATE
PIPELINE
SAFETY
GRANTS.—Section 60107(a) is 
amended by striking ‘‘not more than 50 percent’’ and inserting 
‘‘not more than 80 percent’’. 
(d) MAINTENANCE OF EFFORT.—Section 60107(b) is amended 
by striking ‘‘spent—’’ and all that follows and inserting ‘‘spent 
for gas and hazardous liquid safety programs for the 3 fiscal years 
prior to the fiscal year in which the Secretary makes the payment, 
except when the Secretary waives this requirement.’’. 
(e) DAMAGE PREVENTION TECHNOLOGY DEVELOPMENT.—Section 
60114 (as amended by subsection (a)(1) of this section) is further 
amended by adding at the end the following: 
‘‘(g) TECHNOLOGY DEVELOPMENT GRANTS.—The Secretary may 
make grants to any organization or entity (not including for-profit 
entities) for the development of technologies that will facilitate 
the prevention of pipeline damage caused by demolition, excavation, 
tunneling, or construction activities, with emphasis on wireless 
and global positioning technologies having potential for use in 
connection with notification systems and underground facility 
locating and marking services. Funds provided under this subsection 
may not be used for lobbying or in direct support of litigation. 
The Secretary may also support such technology development 
through cooperative agreements with trade associations, academic 
institutions, and other organizations.’’. 
SEC. 3. PUBLIC EDUCATION AND AWARENESS. 
(a) IN GENERAL.—Chapter 61 is amended by adding at the 
end the following: 
‘‘§ 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 excavation damage prevention 
phone number.