Pipeline Security Inspections and Enforcement

§ 1205

TITLE 6—DOMESTIC SECURITY

(iv) the appropriate range of contact intervals between the tracking technology
and a commercial motor vehicle transporting security-sensitive materials;
(v) technology that allows the installation by a motor carrier of concealed electronic devices on commercial motor vehicles that can be activated by law enforcement authorities to disable the vehicle or
alert emergency response resources to locate and recover security-sensitive materials in the event of loss or theft of such
materials;
(vi) whether installation of the technology described in clause (v) should be incorporated into the program under paragraph (1);
(vii) the costs, benefits, and practicality
of such technology described in clause (v)
in the context of the overall benefit to national security, including commerce in
transportation; and
(viii) other systems and information the
Secretary determines appropriate.
(b) Funding
From the amounts appropriated pursuant to
section 114(w) of title 49, there shall be made
available to the Secretary to carry out this section—
(1) $7,000,000 for fiscal year 2008 of which
$3,000,000 may be used for equipment;
(2) $7,000,000 for fiscal year 2009 of which
$3,000,000 may be used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which
$3,000,000 may be used for equipment.
(c) Report
Not later than 1 year after the issuance of regulations under subsection (a), the Secretary
shall issue a report to the appropriate congressional committees on the program developed
and evaluation carried out under this section.
(d) Limitation
The Secretary may not mandate the installation or utilization of a technology described
under this section without additional congressional authority provided after August 3, 2007.
(Pub. L. 110–53, title XV, § 1554, Aug. 3, 2007, 121
Stat. 473.)
§ 1205. Hazardous materials security inspections
and study
(a) In general
The Secretary of Transportation shall consult
with the Secretary to limit, to the extent practicable, duplicative reviews of the hazardous
materials security plans required under part 172,
title 49, Code of Federal Regulations.
(b) Transportation costs study
Within 1 year after August 3, 2007, the Secretary of Transportation, in conjunction with
the Secretary, shall study to what extent the insurance, security, and safety costs borne by railroad carriers, motor carriers, pipeline carriers,
air carriers, and maritime carriers associated
with the transportation of hazardous materials
are reflected in the rates paid by offerors of such
commodities as compared to the costs and rates,

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respectively, for the transportation of nonhazardous materials.
(Pub. L. 110–53, title XV, § 1555, Aug. 3, 2007, 121
Stat. 475.)
§ 1206. Use of transportation security card in
hazmat licensing
(1) Background check
An individual who has a valid transportation
employee identification card issued by the Secretary under section 70105 of title 46 shall be
deemed to have met the background records
check required under section 5103a of title 49.
(2) State review
Nothing in this section prevents or preempts a
State from conducting a criminal records check
of an individual that has applied for a license to
operate a motor vehicle transporting in commerce a hazardous material.
(Pub. L. 110–53, title XV, § 1556(b), Aug. 3, 2007,
121 Stat. 475.)
§ 1207. Pipeline security inspections and enforcement
(a) In general
Not later than 9 months after August 3, 2007,
consistent with the Annex to the Memorandum
of Understanding executed on August 9, 2006, between the Department of Transportation and
the Department, the Secretary, in consultation
with the Secretary of Transportation, shall establish a program for reviewing pipeline operator adoption of recommendations of the September 5, 2002, Department of Transportation Research and Special Programs Administration’s
Pipeline Security Information Circular, including the review of pipeline security plans and
critical facility inspections.
(b) Review and inspection
Not later than 12 months after August 3, 2007,
the Secretary and the Secretary of Transportation shall develop and implement a plan for
reviewing the pipeline security plans 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 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 risks
and to target inspection and enforcement actions to the highest risk pipeline assets.
(d) Regulations
Not later than 18 months after August 3, 2007,
the Secretary and the 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 determines that regulations are appropriate, the Secretary shall consult with the Secretary of Transportation on the
extent of risk and appropriate mitigation measures, and the Secretary or the Secretary of

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TITLE 6—DOMESTIC SECURITY

Transportation, consistent with the Annex to
the Memorandum of Understanding executed on
August 9, 2006, shall promulgate such regulations and carry out necessary inspection and enforcement actions. Any regulations shall 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 noncompliance.
(e) Funding
From the amounts appropriated pursuant to
section 114(w) of title 49, there shall be made
available to the Secretary to carry out this section—
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
(Pub. L. 110–53, title XV, § 1557, Aug. 3, 2007, 121
Stat. 475.)
§ 1208. Pipeline security and incident recovery
plan
(a) In general
The Secretary, in consultation with the Secretary of Transportation and the Administrator
of the Pipeline and Hazardous Materials Safety
Administration, and in accordance with the
Annex to the Memorandum of Understanding executed on August 9, 2006, the National Strategy
for Transportation Security, and Homeland Security Presidential Directive–7, shall develop a
pipeline security and incident recovery protocols plan. The plan shall include—
(1) for the 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
1207 of this title when—
(A) under severe security threat levels of
alert; or
(B) under 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 restoring essential services supporting pipelines and 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 en-

§ 1401

tities 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 shall consult with the Secretary
of Transportation, interstate and intrastate
transmission and distribution pipeline operators, nonprofit employee organizations representing pipeline employees, emergency responders, offerors, State pipeline safety agencies, public safety officials, and other relevant
parties.
(d) Report
(1) Contents
Not later than 2 years after August 3, 2007,
the Secretary shall transmit to the appropriate congressional committees a report containing the plan required by subsection (a), including 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.
(Pub. L. 110–53, title XV, § 1558, Aug. 3, 2007, 121
Stat. 476.)
CHAPTER 5—BORDER INFRASTRUCTURE
AND TECHNOLOGY MODERNIZATION
Sec.

1401.
Definitions.
1402, 1403. Repealed.
1403.
National Land Border Security Plan.
1404.
Port of entry technology demonstration program.
1405.
Authorization of appropriations.

§ 1401. Definitions
In this chapter:
(1) Commissioner
The term ‘‘Commissioner’’ means the Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security.
(2) Maquiladora
The term ‘‘maquiladora’’ means an entity
located in Mexico that assembles and produces
goods from imported parts for export to the
United States.
(3) Northern border
The term ‘‘northern border’’ means the
international border between the United
States and Canada.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Department of Homeland Security.
(5) Southern border
The term ‘‘southern border’’ means the
international border between the United
States and Mexico.
(Pub. L. 110–161, div. E, title VI, § 602, Dec. 26,
2007, 121 Stat. 2094.)