§ 5324. Public transportation emergency relief program

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(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.

(f)Insurance.— Before receiving a grant under this section following an emergency, an applicant shall—

(1)submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and

(2)certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, § 3024(a), Aug. 10, 2005, 119 Stat. 1619; Pub. L. 112–141, div. B, § 20017(a), July 6, 2012, 126 Stat. 703; Pub. L. 117–58, div. C, § 30011, Nov. 15, 2021, 135 Stat. 904.)

In subsection (a), before clause (1), the word “provided” is substituted for “extended” for clarity. The words “to any project” are omitted as surplus. In clause (2), the words “available . . . displaced” are omitted as surplus.

In subsection (b)(1), the words “Health and Human Services” are substituted for “Health, Education, and Welfare” in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(b).

In subsection (b)(2), before clause (A), the words “In carrying out section 5306 of this title” are added for clarity and consistency with subsections (b)(3) and

(c)of this section. The word “detailed” is omitted as surplus. In clause (B), the words “should the proposal be implemented” are omitted as surplus. In clause (D), the words “which may be involved in the proposed project should it be implemented” are omitted as surplus.

In subsection (b)(3)(A), before clause (i), the word “financial” is added for clarity. The words “full and complete” are omitted as surplus. In clause (ii), the word “fair” is omitted as surplus. In clause (iii), the word “either” is omitted as surplus.

In subsection (b)(3)(B), the words “before the State or local agency pursuant to section 1602(d) of this Appendix” and “before the State or local public agency . . . to permit him” are omitted as surplus.

In subsection (c), the words “The Secretary of Transportation may not” are substituted for “None of the provisions of this chapter shall be construed to authorize the Secretary to” to eliminate unnecessary words. The words “in any manner . . . mode of” and “rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency” are omitted as surplus. The words “However, the Secretary may” are substituted for “but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to” to eliminate unnecessary words.

The words “local governmental authority, corporation, or association” are substituted for “agency or agencies” for consistency with sections 5309 and 5310 of the revised title.

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