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Union Calendar No. 224 

116TH CONGRESS 

1ST SESSION H. R. 3699 

[Report No. 116–279] 

To codify the Transportation Security Administration’s responsibility relating 

to securing pipelines against cybersecurity threats, acts of terrorism, 

and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2019 

Mr. CLEAVER introduced the following bill; which was referred to the 

Committee on Homeland Security 

NOVEMBER 12, 2019 

Additional sponsor: Mr. TAYLOR

NOVEMBER 12, 2019 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To codify the Transportation Security Administration’s responsibility relating to securing pipelines against cybersecurity threats, acts of terrorism, and other nefarious 

acts that jeopardize the physical security or cybersecurity 

of pipelines, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pipeline Security Act’’. 

5 SEC. 2. PIPELINE SECURITY RESPONSIBILITIES. 

6 Subsection (f) of section 114 of title 49, United 

7 States Code, is amended— 

8 (1) in paragraph (15), by striking ‘‘and’’ after 

9 the semicolon at the end; 

10 (2) by redesignating paragraph (16) as para11 graph (17); and 

12 (3) by inserting after paragraph (15) the fol13 lowing new paragraph: 

14 ‘‘(16) maintain responsibility, in coordination 

15 with the Director of the Cybersecurity and Infra16 structure Security Agency, as appropriate, relating 

17 to securing pipeline transportation and pipeline fa18 cilities (as such terms are defined in section 60101 

19 of this title) against cybersecurity threats (as such 

20 term is defined in section 102 of the Cybersecurity 

21 Information Sharing Act of 2015 (Public Law 114– 

22 113; 6 U.S.C. 1501)), an act of terrorism (as such 

23 term is defined in section 3077 of title 18), and 

24 other nefarious acts that jeopardize the physical seVerDate Sep 11 2014 00:38 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3699.RH H3699

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1 curity or cybersecurity of such transportation or fa2 cilities; and’’. 

3 SEC. 3. PIPELINE SECURITY SECTION. 

4 (a) IN GENERAL.—Title XII of the Implementing 

5 Recommendations of the 9/11 Commission Act of 2007 

6 (Public Law 110–53) is amended by adding at the end 

7 the following new section: 

8 ‘‘SEC. 1209. PIPELINE SECURITY SECTION. 

9 ‘‘(a) ESTABLISHMENT.—There is within the Trans10 portation Security Administration a pipeline security sec11 tion to carry out pipeline security programs in furtherance 

12 of section 114(f)(16) of title 49, United States Code. 

13 ‘‘(b) MISSION.—The mission of the section referred 

14 to in subsection (a) is to oversee, in coordination with the 

15 the Cybersecurity and Infrastructure Security Agency of 

16 the Department of Homeland Security, the security of 

17 pipeline transportation and pipeline facilities (as such 

18 terms are defined in section 60101 of title 49, United 

19 States Code) against cybersecurity threats (as such term 

20 is defined in section 102 of the Cybersecurity Information 

21 Sharing Act of 2015 (Public Law 114–113; 6 U.S.C. 

22 1501)), an act of terrorism (as such term is defined in 

23 section 3077 of title 18, United States Code), and other 

24 nefarious acts that jeopardize the physical security or cy25 bersecurity of such transportation or facilities. 


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1 ‘‘(c) LEADERSHIP; STAFFING.—The Administrator of 

2 the Transportation Security Administration shall appoint 

3 as the head of the section an individual with knowledge 

4 of the pipeline industry and security best practices, as de5 termined appropriate by the Administrator. The section 

6 shall be staffed by a workforce that includes personnel 

7 with cybersecurity expertise. 

8 ‘‘(d) RESPONSIBILITIES.—The section shall be re9 sponsible for carrying out the duties of the section as di10 rected by the Administrator of the Transportation Secu11 rity Administration, acting through the head appointed 

12 pursuant to subsection (c). Such duties shall include the 

13 following: 

14 ‘‘(1) Developing, in consultation with relevant 

15 Federal, State, local, Tribal, territorial entities and 

16 public and private sector stakeholders, guidelines for 

17 improving the security of pipeline transportation and 

18 pipeline facilities against cybersecurity threats, an 

19 act of terrorism, and other nefarious acts that jeop20 ardize the physical security or cybersecurity of such 

21 transportation or facilities, consistent with the Na22 tional Institute of Standards and Technology 

23 Framework for Improvement of Critical Infrastruc24 ture Cybersecurity and any update to such guide25 lines pursuant to section 2(c)(15) of the National 


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1 Institute for Standards and Technology Act (15 

2 U.S.C. 272(c)(15)). 

3 ‘‘(2) Updating such guidelines as necessary 

4 based on intelligence and risk assessments, but not 

5 less frequently than every three years. 

6 ‘‘(3) Sharing of such guidelines and, as appro7 priate, intelligence and information regarding such 

8 security threats to pipeline transportation and pipe9 line facilities, as appropriate, with relevant Federal, 

10 State, local, Tribal, and territorial entities and pub11 lic and private sector stakeholders. 

12 ‘‘(4) Conducting voluntary security assessments 

13 based on the guidelines developed pursuant to para14 graph (1) to provide recommendations for the im15 provement of the security of pipeline transportation 

16 and pipeline facilities against cybersecurity threats, 

17 an act of terrorism, and other nefarious acts that 

18 jeopardize the physical security or cybersecurity of 

19 such transportation or facilities, including the secu20 rity policies, plans, practices, and training programs 

21 maintained by owners and operators of pipeline fa22 cilities. 

23 ‘‘(5) Carrying out a program through which the 

24 Administrator identifies and ranks the relative risk 

25 of pipelines and inspects pipeline facilities desVerDate Sep 11 2014 00:38 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3699.RH H3699

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1 ignated by owners and operators of such facilities as 

2 critical based on the guidelines developed pursuant 

3 to paragraph (1). 

4 ‘‘(6) Preparing notice and comment regulations 

5 for publication, if determined necessary by the Ad6 ministrator. 

7 ‘‘(e) DETAILS.—In furtherance of the section’s mis8 sion, as set forth in subsection (b), the Administrator and 

9 the Director of the Cybersecurity and Infrastructure Secu10 rity Agency may detail personnel between their compo11 nents to leverage expertise. Personnel detailed from the 

12 Cybersecurity and Infrastructure Security Agency may be 

13 considered as fulfilling the cybersecurity expertise require14 ments in referred to in subsection (c).’’. 

15 (b) UPDATED GUIDELINES.—Not later than March 

16 31, 2021, the section shall publish updated guidelines pur17 suant to section 1209 of the Implementing Recommenda18 tions of the 9/11 Commission Act of 2007, as added by 

19 subsection (a). 

20 (c) CLERICAL AMENDMENT.—The table of contents 

21 for the Implementing Recommendations of the 9/11 Com22 mission Act of 2007 is amended by inserting after the item 

23 relating to section 1208 the following new item: 

‘‘Sec. 1209. Pipeline security section.’’. 


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1 SEC. 4. PERSONNEL STRATEGY. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Administrator of 

4 the Transportation Security Administration, in coordina5 tion with the Director of the Cybersecurity and Infrastruc6 ture Security Agency of the Department of Homeland Se7 curity, shall develop a personnel strategy for enhancing 

8 operations within the pipeline security section of the 

9 Transportation Security Administration, as established 

10 pursuant to section 1209 of the Implementing Rec11 ommendations of the 9/11 Commission Act of 2007, as 

12 added by section 3. 

13 (b) CONTENTS.—The strategy required under sub14 section (a) shall take into consideration the most recently 

15 published versions of each of the following documents: 

16 (1) The Transportation Security Administration 

17 National Strategy for Transportation Security. 

18 (2) The Department of Homeland Security Cy19 bersecurity Strategy. 

20 (3) The Transportation Security Administration 

21 Cybersecurity Roadmap. 

22 (4) The Department of Homeland Security Bal23 anced Workforce Strategy. 

24 (5) The Department of Homeland Security 

25 Quadrennial Homeland Security Review. 


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1 (c) RESOURCES.—The strategy shall include an as2 sessment of resources determined necessary by the Admin3 istrator. 

4 (d) SUBMISSION TO CONGRESS.—Upon development 

5 of the strategy, the Administrator of the Transportation 

6 Security Administration shall provide to the Committee on 

7 Homeland Security of the House of Representatives and 

8 the Committee on Commerce, Science, and Transportation 

9 of the Senate a copy of such strategy. 

10 SEC. 5. OVERSIGHT. 

11 (a) REPORT TO CONGRESS.—The Administrator of 

12 the Transportation Security Administration shall report to 

13 the Committee on Homeland Security of the House of 

14 Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate not less than 

16 annually on activities of the pipeline security section of 

17 the Administration, as established pursuant to section 

18 1209 of the Implementing Recommendations of the 9/11 

19 Commission Act of 2007, as added by section 3, including 

20 information with respect to guidelines, security assess21 ments, and inspections. Each such report shall include a 

22 determination by the Administrator regarding whether 

23 there is a need for new regulations or non-regulatory ini24 tiatives and the basis for such determination. 


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1 (b) GAO REVIEW.—Not later than two years after 

2 the date of the enactment of this Act, the Comptroller 

3 General of the United States shall conduct a review of the 

4 implementation of this Act and the amendments made by 

5 this Act. 

6 SEC. 6. STAKEHOLDER ENGAGEMENT. 

7 Not later than one year after the date of the enact8 ment of this Act, the Administrator of the Transportation 

9 Security Administration shall convene not less than two 

10 industry days to engage with relevant pipeline transpor11 tation and pipeline facilities stakeholders on matters re12 lated to the security of pipeline transportation and pipeline 

13 facilities (as such terms are defined in section 60101 of 

14 title 49, United States Code). 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 224 

116TH CONGRESS 

1ST SESSION H. R. 3699 

[Report No. 116–279] 

A BILL 

To codify the Transportation Security Administraand for other purposes. physical security or cybersecurity of pipelines, and other nefarious acts that jeopardize the against cybersecurity threats, acts of terrorism, tion’s responsibility relating to securing pipelines 

NOVEMBER 12, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS