IB 

Union Calendar No. 60 

117TH CONGRESS 

1ST SESSION H. R. 3243 

[Report No. 117–85] 

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 

MAY 14, 2021 

Mr. CLEAVER (for himself, Mr. THOMPSON of Mississippi, Mr. KATKO, Mrs. 

WATSON COLEMAN, Ms. CLARKE of New York, Ms. JACKSON LEE, Mr. 

LANGEVIN, Mr. CORREA, Mr. GREEN of Texas, Mr. SWALWELL, Ms. 

TITUS, Ms. BARRAGA ́N, Mrs. LURIA, Mr. TORRES of New York, and Mr. 

GIMENEZ) introduced the following bill; which was referred to the Committee on Homeland Security 

JULY 13, 2021 

Additional sponsors: Mr. VAN DREW and Mrs. AXNE

JULY 13, 2021 

Reported with amendments, 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 

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

3 SEC. 3. PIPELINE SECURITY SECTION PIPELINE SECURITY 

4 DIVISION. 

5 (a) IN GENERAL.—Title XVI of the Homeland Secu6 rity Act of 2002 (6 U.S.C. 561 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘Subtitle D—Pipeline Security 

9 ‘‘SEC. 1631. PIPELINE SECURITY SECTION PIPELINE SECU10 RITY DIVISION. 

11 ‘‘(a) ESTABLISHMENT.—There is within the Admin12 istration a pipeline security section pipeline security divi13 sion to carry out pipeline security programs in furtherance 

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

15 ‘‘(b) MISSION.—The mission of the section division 

16 referred to in subsection (a) is to oversee, in coordination 

17 with the Cybersecurity and Infrastructure Security Agen18 cy of the Department, the security of pipeline transpor19 tation and pipeline facilities (as such terms are defined 

20 in section 60101 of title 49, United States Code) against 

21 cybersecurity threats (as such term is defined in section 

22 102 of the Cybersecurity Information Sharing Act of 2015 

23 (Public Law 114–113; 6 U.S.C. 1501)), an act of ter24 rorism (as such term is defined in section 3077 of title 

25 18, United States Code), and other nefarious acts that 


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1 jeopardize the physical security or cybersecurity of such 

2 transportation or facilities. 

3 ‘‘(c) LEADERSHIP; STAFFING.—The Administrator 

4 shall appoint as the head of the section division an indi5 vidual in the executive service of the Administration with 

6 knowledge of the pipeline industry and security best prac7 tices, as determined appropriate by the Administrator. 

8 The section division shall be staffed by a workforce that 

9 includes personnel with cybersecurity expertise. 

10 ‘‘(d) RESPONSIBILITIES.—The section division shall 

11 be responsible for carrying out the duties of the section 

12 division as directed by the Administrator, acting through 

13 the head appointed pursuant to subsection (c). Such duties 

14 shall include the following: 

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

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

17 and public and private sector stakeholders, guide18 lines for improving the security of pipeline transpor19 tation and pipeline facilities against cybersecurity 

20 threats, an act of terrorism, and other nefarious acts 

21 that jeopardize the physical security or cybersecurity 

22 of such transportation or facilities, consistent with 

23 the National Institute of Standards and Technology 

24 Framework for Improvement of Critical Infrastruc25 ture Cybersecurity and any update to such guideVerDate Sep 11 2014 20:39 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3243.RH H3243

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1 lines pursuant to section 2(c)(15) of the National 

2 Institute for Standards and Technology Act (15 

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

4 ‘‘(2) Updating such guidelines as necessary 

5 based on intelligence and risk assessments, but not 

6 less frequently than every three years, unless such 

7 guidelines are superseded by directives or regulations. 

8 ‘‘(3) Sharing of such guidelines and, as appro9 priate, intelligence and information regarding such 

10 security threats to pipeline transportation and pipe11 line facilities, as appropriate, with relevant Federal, 

12 State, local, Tribal, and territorial entities and pub13 lic and private sector stakeholders. 

14 ‘‘(4) Conducting voluntary security assessments 

15 based on such guidelines to provide recommenda16 tions, or mandatory security assessments if required 

17 by superseding directives or regulations, to provide 

18 recommendations or requirements for the improve19 ment of the security of pipeline transportation and 

20 pipeline facilities against cybersecurity threats, an 

21 act of terrorism, and other nefarious acts that jeop22 ardize the physical security or cybersecurity of such 

23 transportation or facilities, including the security 

24 policies, plans, practices, and training programs 


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1 maintained by owners and operators of pipeline fa2 cilities. 

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

4 Administrator identifies and ranks the relative risk 

5 of pipelines and inspects pipeline facilities des6 ignated by owners and operators of such facilities as 

7 critical based on such guidelines or superseding di8 rectives or regulations. 

9 ‘‘(6) Preparing notice and comment regulations 

10 for publication, if determined necessary by the Ad11 ministrator. 

12 ‘‘(6) Supporting the development and implemen13 tation of a security directive or regulation when the 

14 Administrator issues such a directive or regulation. 

15 ‘‘(e) DETAILS.—In furtherance of the section’s divi16 sion’s mission, as set forth in subsection (b), the Adminis17 trator and the Director of the Cybersecurity and Infra18 structure Security Agency may detail personnel between 

19 their components to leverage expertise. Personnel detailed 

20 from the Cybersecurity and Infrastructure Security Agen21 cy may be considered as fulfilling the cybersecurity exper22 tise requirements in referred to in subsection (c).’’. 

23 (b) UPDATED GUIDELINES.—Not later than one year 

24 after the date of the enactment of this Act, the pipeline 

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1 tation Security Administration established pursuant to 

2 section 1631 of the Homeland Security Act of 2002, as 

3 added by subsection (a), shall publish updated guidelines 

4 described in subsection (d) of such section, except to the 

5 extent such guidelines have been superseded by directives 

6 or regulations. 

7 (c) CLERICAL AMENDMENTS.—The table of contents 

8 in section 1(b) of the Homeland Security Act of 2002 is 

9 amended by— 

10 (1) striking the item relating to section 1617 

11 and inserting the following new item: 

‘‘Sec. 1617. Diversified security technology industry marketplace.’’; 

12 (2) by striking the item relating to section 1621 

13 and inserting the following new item: 

‘‘Sec. 1621. Maintenance validation and oversight.’’; 

14 (3) inserting after the item relating to section 

15 1621 the following: 

‘‘Subtitle D—Pipeline Security 

‘‘Sec. 1631. Pipeline security section Pipeline security division.’’. 

16 SEC. 4. PERSONNEL STRATEGY. 

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

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

19 the Transportation Security Administration, in coordina20 tion with the Director of the Cybersecurity and Infrastruc21 ture Security Agency of the Department of Homeland Se22 curity, shall develop a personnel strategy for enhancing 


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1 operations within the pipeline security section pipeline se2 curity division of the Transportation Security Administra3 tion established pursuant to section 1631 of the Homeland 

4 Security Act of 2002, as added by section 3. 

5 (b) CONTENTS.—The strategy required under sub6 section (a) shall take into consideration the most recently 

7 published versions of each of the following documents: 

8 (1) The Transportation Security Administration 

9 National Strategy for Transportation Security. 

10 (2) The Department of Homeland Security Cy11 bersecurity Strategy. 

12 (3) The Transportation Security Administration 

13 Cybersecurity Roadmap. 

14 (4) The Department of Homeland Security Bal15 anced Workforce Strategy. 

16 (5) The Department of Homeland Security 

17 Quadrennial Homeland Security Review. 

18 (c) CYBERSECURITY EXPERTISE.—The strategy shall 

19 include an assessment of the cybersecurity expertise deter20 mined necessary by the Administrator of the Transpor21 tation Security Administration and a plan for developing 

22 such expertise within the Administration. 

23 (c) (d) RESOURCES.—The strategy shall include an 

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1 ministrator of the Transportation Security Administration 

2 to carry out such strategy. 

3 (d) (e) SUBMISSION TO CONGRESS.—Upon develop4 ment of the strategy, the Administrator of the Transpor5 tation Security Administration shall provide to the Com6 mittee on Homeland Security of the House of Representa7 tives and the Committee on Commerce, Science, and 

8 Transportation of the Senate a copy of such strategy. 

9 SEC. 5. OVERSIGHT. 

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

11 the Transportation Security Administration shall report to 

12 the Committee on Homeland Security of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate not less than 

15 annually on activities of the pipeline security section pipe16 line security division of the Administration established 

17 pursuant to section 1631 of the Homeland Security Act 

18 of 2002, as added by section 3, including information with 

19 respect to guidelines, directives, regulations, security as20 sessments, and inspections under such section. Each such 

21 report shall include a determination by the Administrator 

22 regarding whether there is a need for new regulations or 

23 non-regulatory initiatives and the basis for such deter24 mination. 


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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
Union Calendar No. 60 

117TH CONGRESS 

1ST SESSION H. R. 3243 

[Report No. 117–85] 

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 

JULY 13, 2021 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 20:39 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H3243.RH H3243

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