I 

116TH CONGRESS 

1ST SESSION H. R. 3699 

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 

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. 

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— 


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

2 the semicolon at the end; 

3 (2) by redesignating paragraph (16) as para4 graph (17); and 

5 (3) by inserting after paragraph (15) the fol6 lowing new paragraph: 

7 ‘‘(16) maintain responsibility, in coordination 

8 with the Director of the Cybersecurity and Infra9 structure Security Agency, as appropriate, relating 

10 to securing pipeline transportation and pipeline fa11 cilities (as such terms are defined in section 60101 

12 of this title) against cybersecurity threats (as such 

13 term is defined in section 102 of the Cybersecurity 

14 Information Sharing Act of 2015 (Public Law 114– 

15 113; 6 U.S.C. 1501)), an act of terrorism (as such 

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

17 other nefarious acts that jeopardize the physical se18 curity or cybersecurity of such transportation or fa19 cilities; and’’. 

20 SEC. 3. PIPELINE SECURITY SECTION. 

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

22 Recommendations of the 9/11 Commission Act of 2007 is 

23 amended by adding at the end the following new section: 


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1 ‘‘SEC. 1209. PIPELINE SECURITY SECTION. 

2 ‘‘(a) ESTABLISHMENT.—There is within the Trans3 portation Security Administration a pipeline security sec4 tion to carry out pipeline security programs in furtherance 

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

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

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

8 the Cybersecurity and Infrastructure Security Agency of 

9 the Department of Homeland Security, the security of 

10 pipeline transportation and pipeline facilities (as such 

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

12 States Code) against cybersecurity threats (as such term 

13 is defined in section 102 of the Cybersecurity Information 

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

15 1501)), an act of terrorism (as such term is defined in 

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

17 nefarious acts that jeopardize the physical security or cy18 bersecurity of such transportation or facilities. 

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

20 the Transportation Security Administration shall appoint 

21 as the head of the section an individual with knowledge 

22 of the pipeline industry and security best practices, as de23 termined appropriate by the Administrator. The section 

24 shall be staffed by a workforce that includes personnel 

25 with cybersecurity expertise. 


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1 ‘‘(d) RESPONSIBILITIES.—The section shall be re2 sponsible for carrying out the duties of the section as di3 rected by the Administrator of the Transportation Secu4 rity Administration, acting through the head appointed 

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

6 following: 

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

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

9 public and private sector stakeholders, guidelines for 

10 improving the security of pipeline transportation and 

11 pipeline facilities against cybersecurity threats, an 

12 act of terrorism, and other nefarious acts that jeop13 ardize the physical security or cybersecurity of such 

14 transportation or facilities. 

15 ‘‘(2) Updating such guidelines as necessary 

16 based on intelligence and risk assessments, but not 

17 less frequently than every three years. 

18 ‘‘(3) Sharing of such guidelines and, as appro19 priate, intelligence and information regarding such 

20 security threats to pipeline transportation and pipe21 line facilities, as appropriate, with relevant Federal, 

22 State, local, Tribal, and territorial entities and pub23 lic and private sector stakeholders. 

24 ‘‘(4) Conducting security assessments based on 

25 the guidelines developed pursuant to paragraph (1) 


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1 to provide recommendations for the improvement of 

2 the security of pipeline transportation and pipeline 

3 facilities against cybersecurity threats, an act of ter4 rorism, and other nefarious acts that jeopardize the 

5 physical security or cybersecurity of such transpor6 tation or facilities, including the security plans, 

7 practices, and training programs maintained by own8 ers and operators of pipeline facilities. 

9 ‘‘(5) Carrying out a program to inspect pipeline 

10 transportation and pipeline facilities, including in11 spections of pipeline facilities determined critical by 

12 the Administrator based on a risk assessment con13 ducted in consultation with relevant Federal, State, 

14 local, Tribal, and territorial entities and public and 

15 private sector stakeholders. 

16 ‘‘(6) Preparing notice and comment regulations 

17 for publication, if determined necessary by the Ad18 ministrator. 

19 ‘‘(e) DETAILS.—In furtherance of the section’s mis20 sion, as set forth in subsection (b), the Administrator and 

21 the Director of the Cybersecurity and Infrastructure Secu22 rity Agency may detail personnel between their compo23 nents to leverage expertise.’’. 

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

25 31, 2021, the section shall publish updated guidelines purVerDate Sep 11 2014 21:22 Jul 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3699.IH H3699

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1 suant to section 1209 of the Implementing Recommenda2 tions of the 9/11 Commission Act of 2007, as added by 

3 subsection (a). 

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

5 for the Implementing Recommendations of the 9/11 Com6 mission Act of 2007 is amended by inserting after the item 

7 relating to section 1208 the following new item: 

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

8 SEC. 4. PERSONNEL STRATEGY. 

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

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

11 the Transportation Security Administration, in coordina12 tion with the Director of the Cybersecurity and Infrastruc13 ture Security Agency of the Department of Homeland Se14 curity, shall develop a personnel strategy for enhancing 

15 operations within the pipeline security section of the 

16 Transportation Security Administration, as established 

17 pursuant to section 1209 of the Implementing Rec18 ommendations of the 9/11 Commission Act of 2007, as 

19 added by section 3. 

20 (b) CONTENTS.—The strategy required under sub21 section (a) shall take into consideration the most recently 

22 published versions of each of the following documents: 

23 (1) The Transportation Security Administration 

24 National Strategy for Transportation Security. 


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1 (2) The Department of Homeland Security Cy2 bersecurity Strategy. 

3 (3) The Transportation Security Administration 

4 Cybersecurity Roadmap. 

5 (4) The Department of Homeland Security Bal6 anced Workforce Strategy. 

7 (5) The Department of Homeland Security 

8 Quadrennial Homeland Security Review. 

9 (c) RESOURCES.—The strategy shall include an as10 sessment of additional resources determined necessary by 

11 the Administrator. 

12 (d) SUBMISSION TO CONGRESS.—Upon development 

13 of the strategy, the Administrator of the Transportation 

14 Security Administration shall provide to the Committee on 

15 Homeland Security of the House of Representatives and 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate a copy of such strategy. 

18 SEC. 5. OVERSIGHT. 

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

20 the Transportation Security Administration shall report to 

21 the Committee on Homeland Security of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate not less than 

24 annually on activities of the pipeline security section of 

25 the Administration, as established pursuant to section 


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1 1209 of the Implementing Recommendations of the 9/11 

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

3 information with respect to guidelines, security assess4 ments, and inspections. Each such report shall include a 

5 determination by the Administrator regarding whether 

6 there is a need for new regulations or non-regulatory ini7 tiatives and the basis for such determination. 

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

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

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

11 implementation of this Act and the amendments made by 

12 this Act. 

Æ 


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