49 U.S.C. § 5324: Public transportation emergency relief program

evacuation services; rescue operations; temporary public transportation service; or reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency. the Governor of a State has declared an emergency and the Secretary has concurred; or 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 ). 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 the 1-year period beginning on the date of a declaration described in subsection (a)(2); or 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). Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter. 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. 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. subject to the terms and conditions the Secretary determines are necessary; and 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.). 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. 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. paragraph (2); or section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency. submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application. to improve coordination between the Department of Transportation and the Department of Homeland Security; and 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’). Not later than 180 days after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141 , set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23 , Highways], 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. provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency; issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency; any challenges identified in the review under paragraph (4); and the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [ 42 U.S.C. 5121 et seq.] and section 5324 of title 49 , United States Code, as amended by this Act, as appropriate; and under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; under section 5324 of title 49 , United States Code, as amended by this Act; and from other sources, including other Federal agencies; and 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 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. 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. 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. 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). 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.”