§50308 Maritime Transportation System Emergency Relief Program

Summary

The Maritime Administrator can give grants or make contracts to eligible State, Tribal, and other eligible entities to pay for big repair or replacement projects and for certain operating costs of U.S. maritime equipment and facilities that are in danger of serious damage or already damaged because of an emergency. Operating cost help covers one year starting on the emergency declaration, and can include a second year if the Maritime Administrator and FEMA agree a strong need exists. The Administrator must set a fair way to split the money and, when practical, should give priority to State or Tribal applicants. Applicants must submit forms and information the Administrator asks for. Money under this program is extra to other funds and does not stop other agencies or governments from using their own aid. Grants for emergencies that meet subsection (j)(4)(B) must follow the Administrator’s conditions, pay only costs not covered by the Stafford Act or other government programs, and not pay costs already covered by marine insurance. The federal share is 100 percent. No more than 2 percent of the program funds may be used for administration. The Administrator must have controls to prevent waste or fraud and must send an annual report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure describing what aid was given and how it affected the maritime system, lessened the emergency’s financial impact on recipients, and protected critical infrastructure. Definitions (one line each): Eligible State or Tribal entity — a port authority or a State/Tribal-owned vessel and its related facilities. Eligible entity — a U.S.-organized public or private organization with most operations and employees in the U.S. that works in vessel construction, water transportation, support activities (certain NAICS codes apply), or related construction, water transportation, or maritime education and training as the Secretary of Transportation allows. Eligible operating costs — things like emergency response, cleaning and sanitization, janitorial services, staffing and workforce retention (including paid leave), protective equipment/testing/training, debt service, infrastructure repairs, fuel, and other maritime operations the Secretary allows. Emergency — a wide-area natural disaster or catastrophic failure that affects the U.S. maritime system and is covered by one of these: a State Governor declared emergency with Maritime Administrator and FEMA concurrence; a Presidential major disaster declaration under section 401 of the Stafford Act (42 U.S.C. 5170); a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.); or a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d).