Sec. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM
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## SEC. 20017 PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM ###
(a)In General Section 5324 of title 49, United States Code, is amended to read as follows: > > ## “SEC. 5324 Public transportation emergency relief program > > > ### “(a) Definition > > In this section the following definitions shall apply: > > > #### “(1) Eligible operating costs > > The term ‘eligible operating costs’ means costs relating to— > > > ##### “(A) > > evacuation services; > > > ##### “(B) > > rescue operations; > > > ##### “(C) > > temporary public transportation service; or > > > ##### “(D) > > reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency. > > > #### “(2) Emergency > > The term ‘emergency’ means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which— > > > ##### “(A) > > the Governor of a State has declared an emergency and the Secretary has concurred; or > > > ##### “(B) > > the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). > > > ### “(b) General Authority > > The Secretary may make grants and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) for— > > > #### “(1) > > capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and > > > #### “(2) > > eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during— > > > ##### “(A) > > the 1-year period beginning on the date of a declaration described in subsection (a)(2); or > > > ##### “(B) > > if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2). > > > ### “(c) Coordination of Emergency Funds > > > #### “(1) Use of funds > > Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter. > > > #### “(2) No effect on other government activity > > The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law. > > > #### “(3) Notification > > The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of any grant made or contract or other agreement entered into under this section. > > > ### “(d) Grant Requirements > > A grant awarded under this section or under section 5307 or 5311 that is made to address an emergency defined under subsection (a)(2) shall be— > > > #### “(1) > > subject to the terms and conditions the Secretary determines are necessary; and > > > #### “(2) > > made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). > > > ### “(e) Government Share of Costs > > > #### “(1) Capital projects and operating assistance > > A grant, contract, or other agreement for a capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary. > > > #### “(2) Non-federal share > > The remainder of the net project cost may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. > > > #### “(3) Waiver > > The Secretary may waive, in whole or part, the non-Federal share required under— > > > ##### “(A) > > paragraph (2); or > > > ##### “(B) > > section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.” > . ###
(b)Memorandum of Agreement **[**[49 U.S.C. 5324 note](/us/usc/t49/s5324)**]** ####
(1)Purposes The purposes of this subsection are— #####
(A)to improve coordination between the Department of Transportation and the Department of Homeland Security; and #####
(B)to expedite the provision of Federal assistance for public transportation systems for activities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a “major disaster or emergency”). ####
(2)Agreement Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall enter into a memorandum of agreement to coordinate the roles and responsibilities of the Department of Transportation and the Department of Homeland Security in providing assistance for public transportation, including the provision of public transportation services and the repair and restoration of public transportation systems in areas for which the President has declared a major disaster or emergency. ####
(3)Contents of agreement The memorandum of agreement required under paragraph
(2)shall— #####
(A)provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency; #####
(B)establish procedures to address— ######
(i)issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency; ######
(ii)any challenges identified in the review under paragraph (4); and ######
(iii)the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act, as appropriate; and #####
(C)provide for the development and distribution of clear guidelines for State, local, and tribal governments, including public transportation systems, relating to— ######
(i)assistance available for public transportation systems for activities relating to a major disaster or emergency— ######
(I)under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; ######
(II)under section 5324 of title 49, United States Code, as amended by this Act; and ######
(III)from other sources, including other Federal agencies; and ######
(ii)reimbursement procedures that speed the process of— ######
(I)applying for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act; and ######
(II)distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act. ####
(4)After action review Before entering into a memorandum of agreement under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security (acting through the Administrator of the Federal Emergency Management Agency), in consultation with State, local, and tribal governments (including public transportation systems) that have experienced a major disaster or emergency, shall review after action reports relating to major disasters, emergencies, and exercises, to identify areas where coordination between the Department of Transportation and the Department of Homeland Security and the provision of public transportation services should be improved. ####
(5)Factors for declarations of major disasters and emergencies The Administrator of the Federal Emergency Management Agency shall make available to State, local, and tribal governments, including public transportation systems, a description of the factors that the President considers in declaring a major disaster or emergency, including any pre-disaster emergency declaration policies. ####
(6)Briefings #####
(A)Initial briefing Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the memorandum of agreement required under paragraph (2). #####
(B)Quarterly briefings Each quarter of the 1-year period beginning on the date on which the Secretary of Transportation and the Secretary of Homeland Security enter into the memorandum of agreement required under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of the memorandum of agreement.
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