Title 6 — Domestic Security
Part D · Chapter 4 — Transportation Security
§ 1207. Pipeline security inspections and enforcement
Statutory text
In general
Not later than 9 months after , consistent with the Annex to the Memorandum of Understanding executed on , 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 , Department of Transportation Research and Special Programs Administration’s Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections.
Review and inspection
Not later than 12 months after , 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 , circular, where such facilities have not been inspected for security purposes since , by either the Department or the Department of Transportation.
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.
Regulations
Not later than 18 months after , 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 Transportation, consistent with the Annex to the Memorandum of Understanding executed on , shall promulgate such regulations and carry out necessary inspection and enforcement actions. Any regulations shall incorporate the guidance provided to pipeline operators by the , 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.
Funding
From the amounts appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this section—
$2,000,000 for fiscal year 2008;
$2,000,000 for fiscal year 2009; and
$2,000,000 for fiscal year 2010.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 110–53 title XV § 1557 · 121 Stat. 266
Enacted · 6 U.S.C. § 1207
(Pub. L. 110–53, title XV, § 1557, Aug. 3, 2007, 121 Stat. 475.)
Source evidence
Code source credit
(Pub. L. 110–53, title XV, § 1557, Aug. 3, 2007, 121 Stat. 475.)Enacted provision · exact public law section
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT. (a) In General.— Not later than 9 months after the date of enactment of this Act, 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 the date of enactment of this Act, 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 the date of enactment of this Act, 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 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, United States Code, as amended by section 1503 of this Act, 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 114(w) of title 49, referred to in subsec. (e)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), , 132 Stat. 3545.