Sec. 1572. Surface transportation security assessment and implementation of risk-based strategy
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Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall complete an assessment of the vulnerabilities of and risks to surface transportation systems, including findings from similar vulnerability analyses completed within three years of the date of the enactment of this Act. In conducting the security assessment under paragraph (1), the Secretary of Homeland Security shall, at a minimum— consider appropriate intelligence; consider security breaches and attacks at domestic and international transportation facilities; consider the vulnerabilities and risks associated with specific modes of surface transportation systems; evaluate the vetting and security training of— employees in surface transportation systems; and other individuals with access to sensitive or secure areas of transportation systems; and consider input from— representatives of different modes of surface transportation systems; subject to paragraph (3)— critical infrastructure entities; and the Transportation Systems Sector Coordinating Council; and the heads of other relevant Federal departments or agencies.
Not later than 180 days after the date the security assessment under subsection
(a)is complete, the Secretary of Homeland Security shall use the results of such assessment— to develop and implement a cross-cutting, risk-based security strategy that includes— all surface transportation systems; a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a); a planning process to inform resource allocation; priorities, milestones, and performance metrics to measure the effectiveness of such risk-based security strategy; and processes for sharing relevant and timely intelligence threat information with appropriate stakeholders; to develop a management oversight strategy that— identifies the parties responsible for the implementation, management, and oversight of the risk-based security strategy under subparagraph (A); and includes a plan for implementing such risk-based security strategy; and to modify the risk-based budget and resource allocations, in accordance with section 573(c), for the Transportation Security Administration. In developing and implementing the risk-based security strategy under paragraph (1)(A), the Secretary of Homeland Security shall coordinate with the heads of other relevant Federal departments or agencies, and stakeholders, as appropriate— to evaluate existing surface transportation security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort; to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to surface transportation systems identified in subsection (a); and subject to subparagraph (B), to mitigate each such vulnerability and risk. Not later than one year after the date the security assessment under subsection
(a)is complete, the Secretary of Homeland Security shall submit to the appropriate congressional committees and the Inspector General of the Department of Homeland Security a report that— describes the process used to complete such security assessment; describes the process used to develop the risk-based security strategy under subsection (b)(1)(A); describes such risk-based security strategy; includes the management oversight strategy under subsection (b)(1)(B); includes— the findings of such security assessment; a description of the actions recommended or taken by the Department or another Federal department or agency to mitigate the vulnerabilities and risks identified in subsection (a); any recommendations for improving the coordinated approach to mitigating vulnerabilities and risks to surface transportation systems; and any recommended changes to the National Infrastructure Protection Plan developed pursuant to Homeland Security Presidential Directive–7, the modal annexes to such plan, or relevant surface transportation security programs, policies, or initiatives; and may contain a classified annex. In preparing the report required under paragraph (1), the Secretary of Homeland Security shall take appropriate actions to safeguard information described by section 552(b) of title 5, United States Code, or protected from disclosure by any other law of the United States. Not less frequently than semiannually, the Secretary of Homeland Security shall report to or brief the appropriate congressional committees on the vulnerabilities of and risks to surface transportation systems and how such vulnerabilities and risks affect the risk-based security strategy under subsection (b)(1)(A).