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;

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                (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;

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                (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                     December 5, 2006.