Strengthening Surface Transportation Security

Executive Order 13416 of December 5, 2006

Strengthening Surface Transportation Security

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen the security of the Nation's
surface transportation systems and thereby enhance the
protection of the people, property, and territory of
the United States of America against terrorist attacks,
it is hereby ordered as follows:

Section 1. Policy. The security of our Nation's surface
transportation systems is a national priority, vital to
our economy, and essential to the security of our
Nation. Federal, State, local, and tribal governments,
the private sector, and the public share responsibility
for the security of surface transportation. It is the
policy of the United States to protect the people,
property, and territory of the United States by
facilitating the implementation of a comprehensive,
coordinated, and efficient security program to protect
surface transportation systems within and adjacent to
the United States against terrorist attacks.

Sec. 2. Definitions. For purposes of this order:

(a) ``agencies'' means those executive departments
enumerated in 5 U.S.C. 101, independent establishments
as defined by 5 U.S.C. 104(1), government corporations
as defined by 5 U.S.C. 103(1), and the United States
Postal Service;

(b) ``Secretary'' means the Secretary of Homeland
Security;

(c) ``security guideline'' means any security-related
guidance that the Secretary recommends, for
implementation on a voluntary basis, to enhance the
security of surface transportation;

(d) ``security requirement'' means any ``regulatory
action'' as defined in section 3 of Executive Order
12866 of September 30, 1993, as amended (Regulatory
Planning and Review), including security directives
when appropriate, to implement measures to enhance the
security of surface transportation;

(e) ``surface transportation modes'' means mass
transit, commuter and long-distance passenger rail,
freight rail, commercial vehicles (including intercity
buses), and pipelines, and related infrastructure
(including roads and highways), that are within the
territory of the United States, but does not include
electric grids; and

(f) ``surface transportation'' means any conveyance of
people, goods, or commodities using one or more surface
transportation modes.

Sec. 3. Functions of the Secretary of Homeland
Security. The Secretary is the principal Federal
official responsible for infrastructure protection
activities for surface transportation. To implement the
policy set forth in section 1 of this order, the
Secretary shall, consistent with the National
Infrastructure Protection Plan (NIPP), in coordination
with the Secretary of Transportation, and in
consultation with the heads of other relevant agencies:

(a) assess the security of each surface transportation
mode and evaluate the effectiveness and efficiency of
current Federal Government surface transportation
security initiatives;

(b) building upon current security initiatives, not
later than December 31, 2006, develop a comprehensive
transportation systems sector specific plan, as defined
in the NIPP;

(c) not later than 90 days after the comprehensive
transportation systems sector specific plan is
completed, develop an annex to such plan that addresses
each surface transportation mode, which shall also
include, at a minimum--

(i) an identification of existing security guidelines and security
requirements and any security gaps, a description of how the transportation
systems sector specific plan will be implemented for such mode, and the
respective roles, responsibilities, and authorities of Federal, State,
local, and tribal governments and the private sector;

(ii) schedules and protocols for annual reviews of the effectiveness of
surface transportation security-related information sharing mechanisms in
bringing about the timely exchange of surface transportation security
information among Federal, State, local, and tribal governments and the
private sector, as appropriate; and

(iii) a process for assessing (A) compliance with any security guidelines
and security requirements issued by the Secretary for surface
transportation, and (B) the need for revision of such guidelines and
requirements to ensure their continuing effectiveness;

(d) in consultation with State, local, and tribal
government officials and the private sector, not later
than 180 days after the date of this order, identify
surface transportation modes, or components thereof,
that are subject to high risk of terrorist attack,
draft appropriate security guidelines or security
requirements to mitigate such risks, and ensure that,
prior to their issuance, draft security requirements
are transmitted to the Office of Management and Budget
for review in accordance with Executive Order 12866 and
draft security guidelines receive appropriate
interagency review;

(e) develop, implement, and lead a process, in
collaboration with other agencies, State, local, and
tribal governments, and the private sector, as
appropriate, to coordinate research, development,
testing, and evaluation of technologies (including
alternative uses for commercial off-the-shelf
technologies and products) relating to the protection
of surface transportation, including--

(i) determining product and technology needs to inform the requirements for
and prioritization of research, development, testing, and evaluation, based
on the security guidelines and security requirements developed pursuant to
subsection (c) of this section and evolving terrorist threats to the
security of surface transportation;

(ii) collecting information on existing and planned research, development,
testing, and evaluation efforts; and

(iii) not later than 180 days after the date of this order, consistent with
section 313 of the Homeland Security Act of 2002, as amended (6 U.S.C.
193), establishing and making available to Federal, State, local, and
tribal government entities, and private sector owners and operators of
surface transportation systems, lists of available technologies and
products relating to the protection of surface transportation; and

(f) use security grants authorized by law to assist in
implementing security requirements and security
guidelines issued pursuant to law and consistent with
subsection (c) of this section.

Sec. 4. Duties of Heads of Other Agencies. Heads of
agencies, as appropriate, shall provide such assistance
and information as the Secretary may request to
implement this order.

Sec. 5. General Provisions. This order:

(a) shall be implemented consistent with applicable law
and the authorities of agencies, or heads of agencies,
vested by law, and subject to the availability of
appropriations;

(b) shall not be construed to impair or otherwise
affect the functions of the Director of the Office of
Management and Budget relating to budget,
administrative, and legislative proposals; and

(c) is not intended to, and does not, create any rights
or benefits, substantive or procedural, enforceable at
law or in equity by a party against the United States,
its agencies, instrumentalities, or entities, its
officers, employees, or agents, or any other person.

THE WHITE HOUSE,

December 5, 2006.