§1204 — Title 6 Domestic Security | U.S. Code

Summary

Within 6 months after August 3, 2007, the Secretary must, through the TSA Administrator and after talking with the Secretary of Transportation, create a program to help track motor carrier shipments of security-sensitive materials. The program must equip those trucks with tech that offers frequent or continuous communications, shows vehicle location and movement, and lets a driver send an emergency distress signal. The work must follow the findings of TSA’s hazardous materials truck security pilot program. In making the program, the Secretary must consult the Department of Transportation and consider the Federal Motor Carrier Safety Administration report of November 11, 2004. The Secretary must study costs and benefits (including portable devices), tamper resistance, how devices collect and store movement data, appropriate reporting intervals, and whether to allow carriers to install hidden devices that law enforcement can activate to disable a vehicle or help recover lost or stolen materials. Congress set aside $7,000,000 for each of fiscal years 2008, 2009, and 2010, with up to $3,000,000 each year for equipment. Within one year after the regulations are issued, the Secretary must report to the proper congressional committees. The Secretary may not require installation or use of this technology without new congressional approval given after August 3, 2007.

Title 6, §1204

Domestic Security — Source: USLM XML via OLRC

(a)(1)Not later than 6 months after August 3, 2007, consistent with the findings of the Transportation Security Administration’s hazardous materials truck security pilot program, the Secretary, through the Administrator of the Transportation Security Administration and in consultation with the Secretary of Transportation, shall develop a program to facilitate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with technology that provides—

(A)frequent or continuous communications;

(B)vehicle position location and tracking capabilities; and

(C)a feature that allows a driver of such vehicles to broadcast an emergency distress signal.

(2)In developing the program required by paragraph (1), the Secretary shall—

(A)consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for motor carrier or security-sensitive materials tracking at the Department of Transportation;

(B)take into consideration the recommendations and findings of the report on the hazardous material safety and security operational field test released by the Federal Motor Carrier Safety Administration on November 11, 2004; and

(C)evaluate—

(i)any new information related to the costs and benefits of deploying, equipping, and utilizing tracking technology, including portable tracking technology, for motor carriers transporting security-sensitive materials not included in the hazardous material safety and security operational field test report released by the Federal Motor Carrier Safety Administration on November 11, 2004;

(ii)the ability of tracking technology to resist tampering and disabling;

(iii)the capability of tracking technology to collect, display, and store information regarding the movement of shipments of security-sensitive materials by commercial motor vehicles;

(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)From the amounts appropriated pursuant to section 114(w) 11 See References in Text note below. 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)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)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.

Editorial Notes

References in Text

section 114(w) of title 49, referred to in subsec. (b)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), Oct. 5, 2018, 132 Stat. 3545.

§1204 Motor carrier security-sensitive material tracking

Summary

Title 6, §1204

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata