6 U.S.C. § 1206 — Use of transportation security card in

Page 489 TITLE 6—DOMESTIC SECURITY § 1207 1 See References in Text note below. the hazardous material safety and security operational field test released by the Federal Motor Carrier Safety Administration on No- vember 11, 2004; and (C) evaluate— (i) any new information related to the costs and benefits of deploying, equipping, and utilizing tracking technology, includ- ing portable tracking technology, for motor carriers transporting security-sen- sitive materials not included in the haz- ardous material safety and security oper- ational field test report released by the Federal Motor Carrier Safety Administra- tion on November 11, 2004; (ii) the ability of tracking technology to resist tampering and disabling; (iii) the capability of tracking tech- nology to collect, display, and store infor- mation regarding the movement of ship- ments of security-sensitive materials by commercial motor vehicles; (iv) the appropriate range of contact in- tervals between the tracking technology and a commercial motor vehicle trans- porting security-sensitive materials; (v) technology that allows the installa- tion by a motor carrier of concealed elec- tronic devices on commercial motor vehi- cles that can be activated by law enforce- ment authorities to disable the vehicle or alert emergency response resources to lo- cate and recover security-sensitive mate- rials in the event of loss or theft of such materials; (vi) whether installation of the tech- nology described in clause (v) should be in- corporated into the program under para- graph (1); (vii) the costs, benefits, and practicality of such technology described in clause (v) in the context of the overall benefit to na- tional security, including commerce in transportation; and (viii) other systems and information the Secretary determines appropriate. (b) Funding From the amounts appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this sec- tion— (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 reg- ulations under subsection (a), the Secretary shall issue a report to the appropriate congres- sional 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 congres- sional authority provided after August 3, 2007. (Pub. L. 110–53, title XV, § 1554, Aug. 3, 2007, 121 Stat. 473.) Editorial Notes REFERENCES IN TEXT Section 114(w) of title 49, referred to in subsec. (b)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), Oct. 5, 2018, 132 Stat. 3545. § 1205. Hazardous materials security inspections and study (a) In general The Secretary of Transportation shall consult with the Secretary to limit, to the extent prac- ticable, 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 August 3, 2007, the Sec- retary of Transportation, in conjunction with the Secretary, shall study to what extent the in- surance, security, and safety costs borne by rail- road 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 compared to the costs and rates, respectively, for the transportation of nonhaz- ardous materials. (Pub. L. 110–53, title XV, § 1555, Aug. 3, 2007, 121 Stat. 475.) § 1206. Use of transportation security card in hazmat licensing (1) Background check An individual who has a valid transportation employee identification card issued by the Sec- retary under section 70105 of title 46 shall be deemed to have met the background records check required under section 5103a of title 49. (2) State review Nothing in this section 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 com- merce a hazardous material. (Pub. L. 110–53, title XV, § 1556(b), Aug. 3, 2007, 121 Stat. 475.) § 1207. Pipeline security inspections and enforce- ment (a) In general Not later than 9 months after August 3, 2007, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, be- tween the Department of Transportation and the Department, the Secretary, in consultation with the Secretary of Transportation, shall es- tablish a program for reviewing pipeline oper- ator adoption of recommendations of the Sep- tember 5, 2002, Department of Transportation Research and Special Programs Administra- tion’s Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections. (b) Review and inspection Not later than 12 months after August 3, 2007, the Secretary and the Secretary of Transpor-