Sec. 3. Surface and maritime transportation security assessment and implementation of risk-based strategy
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Not later than 1 year after the date of enactment of this Act, the Administrator shall complete an assessment of— the vulnerabilities of and risks to surface transportation systems; and in coordination with the Commandant of the Coast Guard, the vulnerabilities of and risks to maritime transportation systems. In conducting the security assessment under paragraph (1), the Administrator 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; evaluate the vetting and security training of— employees in surface transportation; employees in maritime transportation; and other individuals with access to sensitive or secure areas of transportation networks; and consider input from— representatives of different modes of surface transportation; subject to paragraph (3)— representatives of maritime transportation; critical infrastructure entities; and the Transportation Systems Sector Coordinating Council; the Commandant of the Coast Guard; and the heads of other relevant Federal departments or agencies.
The Commandant of the Coast Guard shall coordinate with the Administrator to provide input and other information regarding the vulnerabilities of and risks to maritime facilities. Not later than 180 days after the date the security assessment under subsection
(a)is complete, the Administrator shall use the results of the assessment— to develop and implement a cross-cutting, risk-based security strategy that includes— all surface transportation modes; to the extent the Transportation Security Administration provides support in maritime transportation security efforts, maritime transportation; 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 the 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; and includes a plan for implementing the risk-based security strategy; and to modify the risk-based budget and resource allocations, in accordance with section 4(c), for the Transportation Security Administration. In developing and implementing the risk-based security strategy under paragraph (1), the Administrator 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 clause (ii), to mitigate each vulnerability and risk to surface transportation systems identified in subsection (a); and coordinate with the Commandant of the Coast Guard— to evaluate existing maritime transportation security programs, policies, and initiatives for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort; to ensure there are no security gaps between jurisdictional authorities that a threat can exploit to cause harm; to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to maritime transportation systems identified in subsection (a); and subject to clauses
(ii)and (iii), to mitigate each vulnerability and risk to maritime transportation systems identified in subsection (a). Not later than 180 days after the date the security assessment under subsection
(a)is complete, the Administrator shall submit to the appropriate committees of Congress and the Inspector General of the Department a report that— describes the process used to complete the security assessment; describes the process used to develop the risk-based security strategy; describes the risk-based security strategy; includes the management oversight strategy; includes— the findings of the security assessment; a description of the actions recommended or taken by the Administrator, the Commandant of the Coast Guard, or the head of 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 and maritime transportation systems; and any recommended changes to the National Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface or maritime transportation security programs, policies, or initiatives; and may contain a classified annex. In preparing the report, the Administrator 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 Administrator shall report to or brief the appropriate committees of Congress on the vulnerabilities of and risks to surface and maritime transportation systems and how those vulnerabilities and risks affect the risk-based security strategy.