[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3243 Reported in House (RH)]
<DOC>
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. Barragan,
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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipeline Security Act''.
SEC. 2. PIPELINE SECURITY RESPONSIBILITIES.
Subsection (f) of section 114 of title 49, United States Code, is
amended--
(1) in paragraph (15), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (16) as paragraph (17); and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) maintain responsibility, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, as appropriate, relating to securing pipeline
transportation and pipeline facilities (as such terms are
defined in section 60101 of this title) against cybersecurity
threats (as such term is defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (Public Law 114-
113; 6 U.S.C. 1501)), an act of terrorism (as such term is
defined in section 3077 of title 18), and other nefarious acts
that jeopardize the physical security or cybersecurity of such
transportation or facilities; and''.
SEC. 3. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following:
``Subtitle D--Pipeline Security
``SEC. 1631. PIPELINE SECURITY SECTION PIPELINE SECURITY DIVISION.
``(a) Establishment.--There is within the Administration a pipeline
security section pipeline security division to carry out pipeline
security programs in furtherance of section 114(f)(16) of title 49,
United States Code.
``(b) Mission.--The mission of the section division referred to in
subsection (a) is to oversee, in coordination with the Cybersecurity
and Infrastructure Security Agency of the Department, the security of
pipeline transportation and pipeline facilities (as such terms are
defined in section 60101 of title 49, United States Code) against
cybersecurity threats (as such term is defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (Public Law 114-113; 6
U.S.C. 1501)), an act of terrorism (as such term is defined in section
3077 of title 18, United States Code), and other nefarious acts that
jeopardize the physical security or cybersecurity of such
transportation or facilities.
``(c) Leadership; Staffing.--The Administrator shall appoint as the
head of the section division an individual in the executive service of
the Administration with knowledge of the pipeline industry and security
best practices, as determined appropriate by the Administrator. The
section division shall be staffed by a workforce that includes
personnel with cybersecurity expertise.
``(d) Responsibilities.--The section division shall be responsible
for carrying out the duties of the section division as directed by the
Administrator, acting through the head appointed pursuant to subsection
(c). Such duties shall include the following:
``(1) Developing, in consultation with relevant Federal,
State, local, Tribal, and territorial entities and public and
private sector stakeholders, guidelines for improving the
security of pipeline transportation and pipeline facilities
against cybersecurity threats, an act of terrorism, and other
nefarious acts that jeopardize the physical security or
cybersecurity of such transportation or facilities, consistent
with the National Institute of Standards and Technology
Framework for Improvement of Critical Infrastructure
Cybersecurity and any update to such guidelines pursuant to
section 2(c)(15) of the National Institute for Standards and
Technology Act (15 U.S.C. 272(c)(15)).
``(2) Updating such guidelines as necessary based on
intelligence and risk assessments, but not less frequently than
every three years, unless such guidelines are superseded by
directives or regulations.
``(3) Sharing of such guidelines and, as appropriate,
intelligence and information regarding such security threats to
pipeline transportation and pipeline facilities, as
appropriate, with relevant Federal, State, local, Tribal, and
territorial entities and public and private sector
stakeholders.
``(4) Conducting voluntary security assessments based on
such guidelines to provide recommendations, or mandatory
security assessments if required by superseding directives or
regulations, to provide recommendations or requirements for the
improvement of the security of pipeline transportation and
pipeline facilities against cybersecurity threats, an act of
terrorism, and other nefarious acts that jeopardize the
physical security or cybersecurity of such transportation or
facilities, including the security policies, plans, practices,
and training programs maintained by owners and operators of
pipeline facilities.
``(5) Carrying out a program through which the
Administrator identifies and ranks the relative risk of
pipelines and inspects pipeline facilities designated by owners
and operators of such facilities as critical based on such
guidelines or superseding directives or regulations.
<DELETED> ``(6) Preparing notice and comment regulations for
publication, if determined necessary by the
Administrator.</DELETED>
``(6) Supporting the development and implementation of a
security directive or regulation when the Administrator issues
such a directive or regulation.
``(e) Details.--In furtherance of the section's division's mission,
as set forth in subsection (b), the Administrator and the Director of
the Cybersecurity and Infrastructure Security Agency may detail
personnel between their components to leverage expertise. Personnel
detailed from the Cybersecurity and Infrastructure Security Agency may
be considered as fulfilling the cybersecurity expertise requirements in
referred to in subsection (c).''.
(b) Updated Guidelines.--Not later than one year after the date of
the enactment of this Act, the pipeline security section pipeline
security division of the Transportation Security Administration
established pursuant to section 1631 of the Homeland Security Act of
2002, as added by subsection (a), shall publish updated guidelines
described in subsection (d) of such section, except to the extent such
guidelines have been superseded by directives or regulations.
(c) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by--
(1) striking the item relating to section 1617 and
inserting the following new item:
``Sec. 1617. Diversified security technology industry marketplace.'';
(2) by striking the item relating to section 1621 and
inserting the following new item:
``Sec. 1621. Maintenance validation and oversight.'';
(3) inserting after the item relating to section 1621 the
following:
``Subtitle D--Pipeline Security
``Sec. 1631. Pipeline security section Pipeline security division.''.
SEC. 4. PERSONNEL STRATEGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration, in coordination with the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of Homeland
Security, shall develop a personnel strategy for enhancing operations
within the pipeline security section pipeline security division of the
Transportation Security Administration established pursuant to section
1631 of the Homeland Security Act of 2002, as added by section 3.
(b) Contents.--The strategy required under subsection (a) shall
take into consideration the most recently published versions of each of
the following documents:
(1) The Transportation Security Administration National
Strategy for Transportation Security.
(2) The Department of Homeland Security Cybersecurity
Strategy.
(3) The Transportation Security Administration
Cybersecurity Roadmap.
(4) The Department of Homeland Security Balanced Workforce
Strategy.
(5) The Department of Homeland Security Quadrennial
Homeland Security Review.
(c) Cybersecurity Expertise.--The strategy shall include an
assessment of the cybersecurity expertise determined necessary by the
Administrator of the Transportation Security Administration and a plan
for developing such expertise within the Administration.
(c) (d) Resources.--The strategy shall include an assessment of
resources determined necessary by the Administrator of the
Transportation Security Administration to carry out such strategy.
(d) (e) Submission to Congress.--Upon development of the strategy,
the Administrator of the Transportation Security Administration shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a copy of such strategy.
SEC. 5. OVERSIGHT.
(a) Report to Congress.--The Administrator of the Transportation
Security Administration shall report to the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not less than annually on
activities of the pipeline security section pipeline security division
of the Administration established pursuant to section 1631 of the
Homeland Security Act of 2002, as added by section 3, including
information with respect to guidelines, directives, regulations,
security assessments, and inspections under such section. Each such
report shall include a determination by the Administrator regarding
whether there is a need for new regulations or non-regulatory
initiatives and the basis for such determination.
(b) GAO Review.--Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a review of the implementation of this Act and the
amendments made by this Act.
SEC. 6. STAKEHOLDER ENGAGEMENT.
Not later than one year after the date of the enactment of this
Act, the Administrator of the Transportation Security Administration
shall convene not less than two industry days to engage with relevant
pipeline transportation and pipeline facilities stakeholders on matters
related to the security of pipeline transportation and pipeline
facilities (as such terms are defined in section 60101 of title 49,
United States Code).
Union Calendar No. 60
117th CONGRESS
1st Session
H. R. 3243
[Report No. 117-85]
_______________________________________________________________________
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.
_______________________________________________________________________
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