Review – HR 5062 Introduced – Pipeline Security

Last month Rep Johnson (D,TX) introduced HR 5062, the Pipeline Security Act. The bill would amend the Implementing Recommendations of the 9/11 Commission Act of 2007 by adding a new §1559, Pipeline Security. It would require the Transportation Security Administration (TSA) to take actions to regulate the cybersecurity protection of hazardous material pipelines. No new funding is authorized.

The bill is similar in intent to HR 9469, the Pipeline Security Act, that was introduced by Rep Garcia (D,CA) in September 2024. The House Homeland Security Committee held a business meeting on September 25^th, 2024 where the bill was considered. The bill was amended and passed on a voice vote. No report was published nor was a revised version of the bill published. No further action was taken in the House. The earlier bill would have amended 49 USC 114 to specifically add pipeline cybersecurity to the list of responsibilities of the Transportation Security Administration.

Moving Forward

On September 3^rd, 2025 the House Homeland Security Committee held a business meeting that included the consideration of HR 5062. By a vote of 22 to 0 the Committee, the bill was ordered reported favorably without amendment. That bipartisan support would indicate that the bill could be considered in the House under the suspension of the rules process, where the bill should pass with significant bipartisan support.

Commentary

The reality is that this bill is going to codify responsibility for actions that TSA is already taking. Bills such as this, however, are important in that they provide a legal backstop for charges that the agency has exceeded its authority. The current authority under 49 USC 114 is broadly written and could be argued to support the agency’s security directives and current rulemaking process.

 

For more information on the provisions of this bill, including additional commentary, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-5062-introduced-pipeline-security - subscription required.

HR 9469 Introduced – TSA Pipeline Security

Earlier this month, Rep Garcia (D,CA) introduced HR 9469, the Pipeline Security Act. The bill would amend 49 USC 114 to specifically add pipeline security to the list of responsibilities of the Transportation Security Administration. No new funding is authorized by this legislation.

Moving Forward

Garcia is a member of the House Homeland Security Committee to which this bill was assigned for consideration. This means that there could be sufficient influence to see the bill considered in Committee. There will be some Republican opposition to the call for security directives or regulations for pipeline security, but I suspect that there will be at least some level of bipartisan support for the bill. Unfortunately, this late in the session, the bill is not likely to be considered.

Commentary

The reality is that this bill is going to codify responsibility for actions that TSA is already taking. Even the security directive and regulation section would not require TSA to take any actions beyond that which it has already taken. Bills such as this, however, are important in that they provide a legal backstop for charges that the agency has exceeded its authority. The current authority under §114 is broadly written and could be argued to support the agencies security directives and current rulemaking process. This would make that argument unnecessary.

For more information on the provisions of the legislation, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-9469-introduced - subscription required.

Bills Introduced – 9-6-24

Yesterday, with the House meeting in pro forma session, there were 43 bills introduced. Five of those bills may receive additional attention in this blog:

HR 9458 To amend the Homeland Security Act of 2002 to enhance outreach for the Urban Area Security Initiative and the State Homeland Security Grant Program of the Department of Homeland Security, and for other purposes. Goldman, Daniel S. [Rep.-D-NY-10]

HR 9459 To amend the Homeland Security Act of 2002 to enable secure and trustworthy technology through other transaction contracting authority, and for other purposes. Guest, Michael [Rep.-R-MS-3] 

HR 9466 To direct the National Institute of Standards and Technology to catalog and evaluate emerging practices and norms for communicating certain characteristics of artificial intelligence systems, including relating to transparency, robustness, resilience, security, safety, and usability, and for other purposes. Baird, James R. [Rep.-R-IN-4] 

HR 9468 Making supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes.  Garcia, Mike [Rep.-R-CA-27

HR 9469 To amend the Homeland Security Act of 2002 to codify the Transportation Security Administration's responsibility relating to securing pipeline transportation and pipeline facilities against cybersecurity threats, acts of terrorism, and other nefarious acts that jeopardize the physical security or cybersecurity of pipelines, and for other purposes. Garcia, Robert [Rep.-D-CA-42]

I will be covering HR 9458, HR 9459, HR 9468, and HR 9469.

I will be watching HR 9466 for language and definitions that would specifically include AI applications designed to be used with operational technology systems.