Page:United States Statutes at Large Volume 119.djvu/1642

 119 STAT. 1624

PUBLIC LAW 109–59—AUG. 10, 2005 (A) by striking ‘‘(3) The Secretary’’ and inserting the following: ‘‘(3) RECORD OF DECISION.—The Secretary’’; (B) by striking ‘‘of construction’’; and (C) by adding before the period at the end the following: ‘‘if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309’’; and (4) by striking paragraph (4) and inserting the following: ‘‘(4) FUNDING AGREEMENTS.—The Secretary shall enter into a full funding grant agreement or project construction grant agreement, as appropriate, between the Government and the project sponsor if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309.’’.

SEC. 3028. INVESTIGATIONS OF SAFETY HAZARDS AND SECURITY RISKS.

(a) IN GENERAL.—Section 5329 is amended to read as follows:

49 USC 5321 note. Deadline. Memorandum.

Deadline. 49 USC 5321 note.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

‘‘§ 5329. Investigations of safety hazards and security risks ‘‘(a) IN GENERAL.—The Secretary may conduct investigations into safety hazards and security risks associated with a condition in equipment, a facility, or an operation financed under this chapter to establish the nature and extent of the condition and how to eliminate, mitigate, or correct it. ‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If the Secretary establishes that a safety hazard or security risk warrants further protective measures, the Secretary shall require the local governmental authority receiving amounts under this chapter to submit a plan for eliminating, mitigating, or correcting it. ‘‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Financial assistance under this chapter, in an amount to be determined by the Secretary, may be withheld until a plan is approved and carried out.’’. (b) PUBLIC TRANSPORTATION SECURITY.— (1) IN GENERAL.—Not later than 45 days after the date of enactment of this Act, the Secretary shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security. (2) CONTENTS.—The annex to be executed under paragraph (1) shall— (A) establish a process to develop security standards for public transportation agencies; (B) create a method of direct coordination with public transportation agencies on security matters; (C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and (D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security. (c) RULEMAKING.—Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of Homeland Security shall issue jointly final regulations to establish the

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