Title 6Domestic SecurityRelease 119-73not60

§1207 Pipeline Security Inspections and Enforcement

Title 6 › Chapter 4— TRANSPORTATION SECURITY › Subchapter IV— SURFACE TRANSPORTATION SECURITY › Part D— Hazardous Material and Pipeline Security › § 1207

Last updated Apr 3, 2026|Official source

Summary

Require the Secretary, working with the Secretary of Transportation, to set up a program to check whether pipeline operators followed the recommendations in the September 5, 2002 Pipeline Security Information Circular. Within 9 months after August 3, 2007 the program must be established in line with the Annex to the Memorandum of Understanding signed August 9, 2006. Within 12 months after August 3, 2007 they must make and carry out a plan to review pipeline security plans and inspect the critical facilities of the 100 most critical pipeline operators named in the 2002 circular, but only where those facilities have not been inspected for security since September 5, 2002 by either the Department or the Department of Transportation. Risk assessment methods must be used to focus inspections and enforcement on the highest-risk pipeline assets. Within 18 months after August 3, 2007 the Secretaries must send security recommendations for natural gas and hazardous liquid pipelines and facilities. If rules are needed, the Secretary must work with the Secretary of Transportation, create the rules, and carry out inspections and enforcement following the Annex. Any rules must include the 2002 circular guidance and add requirements if inspections show they are needed, and must allow civil penalties for noncompliance. From funds under 49 U.S.C. 114(w), $2,000,000 is made available for each of fiscal years 2008, 2009, and 2010 to carry out this work.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

6 U.S.C. § 1207

Title 6Domestic Security

Last Updated

Apr 3, 2026

Release point: 119-73not60