§1207 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary of Homeland Security, working with the Secretary of Transportation, must set up a program within 9 months after August 3, 2007 to check whether pipeline operators followed the September 5, 2002 DOT Pipeline Security Information Circular. Within 12 months after August 3, 2007 they must plan and carry out reviews and security inspections of the 100 most critical pipeline operators if those facilities have not been checked for security since September 5, 2002. They must use risk assessments to focus inspections and enforcement on the highest‑risk pipeline assets. Within 18 months after August 3, 2007 the two Secretaries must send security recommendations for natural gas and hazardous liquid pipelines and facilities. If rules are needed, they must consult each other, follow the Annex to the August 9, 2006 Memorandum of Understanding, create regulations that build on the 2002 circular and the inspection results, and include civil penalties for violations. From funds appropriated under 49 U.S.C. 114(w), $2,000,000 is provided for each of fiscal years 2008, 2009, and 2010 to carry out these duties.

Title 6, §1207

Domestic Security — Source: USLM XML via OLRC

(a)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)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)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)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 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)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)$2,000,000 for fiscal year 2008;

(2)$2,000,000 for fiscal year 2009; and

(3)$2,000,000 for fiscal year 2010.

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), Oct. 5, 2018, 132 Stat. 3545.

§1207 Pipeline security inspections and enforcement

Summary

Title 6, §1207

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata