[Weekly Compilation of Presidential Documents Volume 42, Number 49 (Monday, December 11, 2006)]
[Pages 2124-2126]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13416--Strengthening Surface Transportation Security

December 5, 2006

    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;

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    (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

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 (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.

                                                George W. Bush
 The White House,
 December 5, 2006.

 [Filed with the Office of the Federal Register, 11:43 a.m., December 6, 
2006]

Note: This Executive order was published in the Federal Register on 
December 7.