H. R. 1—209 
(B) take into consideration the recommendations and 
findings of the report on the hazardous material safety 
and security operational field test released by the Federal 
Motor Carrier Safety Administration on November 11, 
2004; and 
(C) evaluate— 
(i) any new information related to the costs and 
benefits of deploying, equipping, and utilizing tracking 
technology, including portable tracking technology, for 
motor carriers transporting security-sensitive mate-
rials not included in the hazardous material safety 
and security operational field test report released by 
the Federal Motor Carrier Safety Administration on 
November 11, 2004; 
(ii) the ability of tracking technology to resist tam-
pering and disabling; 
(iii) the capability of tracking technology to collect, 
display, and store information regarding the movement 
of shipments of security-sensitive materials by commer-
cial motor vehicles; 
(iv) the appropriate range of contact intervals 
between the tracking technology and a commercial 
motor vehicle transporting security-sensitive materials; 
(v) technology that allows the installation by a 
motor carrier of concealed electronic devices on 
commercial motor vehicles that can be activated by 
law enforcement authorities to disable the vehicle or 
alert emergency response resources to locate and 
recover security-sensitive materials in the event of loss 
or theft of such materials; 
(vi) 
whether 
installation 
of 
the 
technology 
described in clause (v) should be incorporated into 
the program under paragraph (1); 
(vii) the costs, benefits, and practicality of such 
technology described in clause (v) in the context of 
the overall benefit to national security, including com-
merce in transportation; and 
(viii) other systems and information the Secretary 
determines appropriate. 
(b) FUNDING.—From the amounts appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended by 
section 1503 of this Act, there shall be made available to the 
Secretary to carry out this section— 
(1) $7,000,000 for fiscal year 2008 of which $3,000,000 
may be used for equipment; 
(2) $7,000,000 for fiscal year 2009 of which $3,000,000 
may be used for equipment; and 
(3) $7,000,000 for fiscal year 2010 of which $3,000,000 
may be used for equipment. 
(c) REPORT.—Not later than 1 year after the issuance of regula-
tions under subsection (a), the Secretary shall issue a report to 
the appropriate congressional committees on the program developed 
and evaluation carried out under this section. 
(d) LIMITATION.—The Secretary may not mandate the installa-
tion or utilization of a technology described under this section 
without additional congressional authority provided after the date 
of enactment of this Act.
H. R. 1—210 
SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
STUDY. 
(a) IN GENERAL.—The Secretary of Transportation shall consult 
with the Secretary to limit, to the extent practicable, duplicative 
reviews of the hazardous materials security plans required under 
part 172, title 49, Code of Federal Regulations. 
(b) TRANSPORTATION COSTS STUDY.—Within 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in conjunction with the Secretary, shall study to what extent the 
insurance, security, and safety costs borne by railroad carriers, 
motor carriers, pipeline carriers, air carriers, and maritime carriers 
associated with the transportation of hazardous materials are 
reflected in the rates paid by offerors of such commodities as com-
pared to the costs and rates, respectively, for the transportation 
of nonhazardous materials. 
SEC. 1556. TECHNICAL CORRECTIONS. 
(a) CORRECTION.—Section 5103a of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Homeland Security’’; 
(2) in subsection (b) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Secretary of Transportation’’; 
(3) in subsection (d)(1)(B) by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Homeland Security’’; and 
(4) in subsection (e) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Homeland Security’’ each place it appears. 
(b) RELATIONSHIP TO TRANSPORTATION SECURITY CARDS.— 
(1) BACKGROUND CHECK.—An individual who has a valid 
transportation employee identification card issued by the Sec-
retary under section 70105 of title 46, United States Code, 
shall be deemed to have met the background records check 
required under section 5103a of title 49, United States Code. 
(2) STATE REVIEW.—Nothing in this subsection prevents 
or preempts a State from conducting a criminal records check 
of an individual that has applied for a license to operate a 
motor vehicle transporting in commerce a hazardous material. 
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT. 
(a) IN GENERAL.—Not later than 9 months after the date of 
enactment of this Act, consistent with the Annex to the Memo-
randum of Understanding executed on August 9, 2006, between 
the Department of Transportation and the Department, the Sec-
retary, 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 pipe-
line security plans and critical facility inspections. 
(b) REVIEW AND INSPECTION.—Not later than 12 months after 
the date of enactment of this Act, 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 Depart-
ment or the Department of Transportation.
H. R. 1—211 
(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline 
operator compliance under subsections (a) and (b), risk assessment 
methodologies shall be used to prioritize risks and to target inspec-
tion and enforcement actions to the highest risk pipeline assets. 
(d) REGULATIONS.—Not later than 18 months after the date 
of enactment of this Act, 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 enforce-
ment actions. Any regulations shall incorporate the guidance pro-
vided 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) FUNDING.—From the amounts appropriated pursuant to sec-
tion 114(w) of title 49, United States Code, as amended by section 
1503 of this Act, 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. 
SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of Transportation and the Administrator of the Pipeline 
and Hazardous Materials Safety Administration, and in accordance 
with the Annex to the Memorandum of Understanding executed 
on August 9, 2006, the National Strategy for Transportation Secu-
rity, and Homeland Security Presidential Directive–7, shall develop 
a pipeline security and incident recovery protocols plan. The plan 
shall include— 
(1) for the Government to provide increased security sup-
port to the most critical interstate and intrastate natural gas 
and hazardous liquid transmission pipeline infrastructure and 
operations as determined under section 1557 when— 
(A) under severe security threat levels of alert; or 
(B) under specific security threat information relating 
to such pipeline infrastructure or operations exists; and 
(2) an incident recovery protocol plan, developed in conjunc-
tion with interstate and intrastate transmission and distribu-
tion pipeline operators and terminals and facilities operators 
connected to pipelines, to develop protocols to ensure the contin-
ued transportation of natural gas and hazardous liquids to 
essential markets and for essential public health or national 
defense uses in the event of an incident affecting the interstate 
and intrastate natural gas and hazardous liquid transmission 
and distribution pipeline system, which shall include protocols 
for restoring essential services supporting pipelines and
H. R. 1—212 
granting access to pipeline operators for pipeline infrastructure 
repair, replacement, or bypass following an incident. 
(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan 
shall take into account actions taken or planned by both private 
and public entities to address identified pipeline security issues 
and assess the effective integration of such actions. 
(c) CONSULTATION.—In developing the plan under subsection 
(a), the Secretary shall consult with the Secretary of Transportation, 
interstate and intrastate transmission and distribution pipeline 
operators, nonprofit employee organizations representing pipeline 
employees, emergency responders, offerors, State pipeline safety 
agencies, public safety officials, and other relevant parties. 
(d) REPORT.— 
(1) CONTENTS.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall transmit to the 
appropriate congressional committees a report containing the 
plan required by subsection (a), including an estimate of the 
private and public sector costs to implement any recommenda-
tions. 
(2) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary. 
TITLE XVI—AVIATION 
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND. 
Section 44940 of title 49, United States Code, is amended— 
(1) in subsection (d)(4) by inserting ‘‘, other than subsection 
(i),’’ before ‘‘except to’’; and 
(2) by adding at the end the following: 
‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in the Depart-
ment of Homeland Security a fund to be known as the ‘Check-
point Screening Security Fund’. 
‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made 
available under section 44923(h), the next $250,000,000 derived 
from fees received under subsection (a)(1) shall be available 
to be deposited in the Fund. 
‘‘(3) FEES.—The Secretary of Homeland Security shall 
impose the fee authorized by subsection (a)(1) so as to collect 
at least $250,000,000 in fiscal year 2008 for deposit into the 
Fund. 
‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall 
be available until expended by the Administrator of the 
Transportation Security Administration for the purchase, 
deployment, installation, research, and development of equip-
ment to improve the ability of security screening personnel 
at screening checkpoints to detect explosives.’’. 
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIR-
CRAFT. 
(a) IN GENERAL.—Section 44901 of title 49, United States Code, 
is amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) by inserting after subsection (f) the following: