NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY. (a) In General.—Section 114 of title 49, United States Code, is amended by adding at the end the following:“(t) Transportation Security Strategic Planning.—“(1) In general.—The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed—“(A) a National Strategy for Transportation Security; and “(B) transportation modal security plans.“(2) Role of secretary of transportation.—The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1). “(3) Contents of national strategy for transportation security.—The National Strategy for Transportation Security shall include the following:“(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption. “(B) The development of risk-based priorities across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A). 118 STAT. 3711“(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security. “(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, and local authorities and establishes mechanisms for encouraging private sector cooperation and participation in the implementation of such plan. “(E) A comprehensive delineation of response and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States.“(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. “(4) Submissions of plans to congress.—“(A) Initial strategy.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 2005.“(B) Subsequent versions.—After December 31, 2005, the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans and any revisions to the National Strategy for Transportation Security and the transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of each even-numbered year.“(C) Periodic progress report.—“(i) Requirement for report.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security.“(ii) Content.—Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate.“(D) Classified material.—Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format.“(E) Appropriate congressional committees defined.—In this subsection, the term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and 118 STAT. 3712 Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.“(5) Priority Status.—“(A) In general.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.“(B) Other plans and reports.—The National Strategy for Transportation Security shall include, as an integral part or as an appendix—“(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; “(ii) the report required by section 44938 of this title; “(iii) transportation modal security plans required under this section; and“(iv) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.”.(b) Aviation Security Planning; Operational Criteria.—Section 44904 of title 49, United States Code, is amended—(1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following:“(c) Modal Security Plan for Aviation.—In addition to the requirements set forth in subparagraphs (B) through (F) of section 114(t)(3), the modal security plan for aviation prepared under section 114(t) shall—“(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and “(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.“(d) Operational Criteria.—Not later than 90 days after the date of the submission of the National Strategy for Transportation Security under section 114(t)(4)(A), the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue operational criteria to protect airport infrastructure and operations against the threats identified in the plans prepared under section 114(t)(1) and shall approve best practices guidelines for airport assets.”.