Executive Order 13416: Strengthening Surface Transportation Security

President: George W. Bush

Put Homeland Security in charge of coordinated risk assessments and mode-specific surface security planning.

Status: In effect. Is Executive Order 13416 still in effect? Yes. Executive Order 13416 remains in effect. See Federal Register record.

What does Executive Order 13416 do?

The DHS Secretary was to assess modes, prepare a sector plan by December 31, 2006, add mode annexes within 90 days and identify high-risk components and proposed measures within 180 days. The signed order distinguishes voluntary security guidelines from regulatory requirements and requires interagency and OMB review before issuance. This review does not attribute any later rule solely to the order.

Administration position: The order set a federal coordination process, not an immediate uniform rule for every rail, road and pipeline operator.
SignedDecember 5, 2006
Earlier frameworkSurface transport security responsibilities were shared among DHS, Transportation, state and local governments and private operators.
Responsible bodyDHS Secretary in coordination with Transportation Secretary
Follow-up evidenceSeptember 26, 2026: The signed order distinguishes voluntary security guidelines from regulatory requirements and requires interagency and OMB review before issuance. This review does not attribute any later rule solely to the order.

Before and after

Before the order

Surface transport security responsibilities were shared among DHS, Transportation, state and local governments and private operators.

After the order

The DHS Secretary was to assess modes, prepare a sector plan by December 31, 2006, add mode annexes within 90 days and identify high-risk components and proposed measures within 180 days.

The signed order distinguishes voluntary security guidelines from regulatory requirements and requires interagency and OMB review before issuance. This review does not attribute any later rule solely to the order.

What did the signed order change?

Surface transport security responsibilities were shared among DHS, Transportation, state and local governments and private operators. The DHS Secretary was to assess modes, prepare a sector plan by December 31, 2006, add mode annexes within 90 days and identify high-risk components and proposed measures within 180 days.

What happened later?

Signed EO 13416 — planning and review provisions: The signed order distinguishes voluntary security guidelines from regulatory requirements and requires interagency and OMB review before issuance. This review does not attribute any later rule solely to the order.

What does that evidence establish?

Existing statutory authorities and regulatory procedures govern binding requirements. The order excludes electric grids from its surface-transportation definition. A required plan is not evidence that each deadline was met or that a specific later rule derived from it. Read the signed order for its original terms.

Who had to do what

Agency / officeActionTiming / position
DHS Secretary in coordination with Transportation SecretaryAssess modes, develop plans and propose risk-based measuresUnder the signed order and governing law

What happened next

EO 13416 signed.

The signed order distinguishes voluntary security guidelines from regulatory requirements and requires interagency and OMB review before issuance. This review does not attribute any later rule solely to the order.

Signed order and identified follow-up evidence checked.