I 

116TH CONGRESS 

2D SESSION H. R. 8071 

To direct the Administrator of the Federal Emergency Management Agency 

to establish an emergency flood activity pilot program to assist flood 

response efforts in response to a levee failure or potential levee failure, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 18, 2020 

Mr. MCNERNEY introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To direct the Administrator of the Federal Emergency Management Agency to establish an emergency flood activity 

pilot program to assist flood response efforts in response 

to a levee failure or potential levee failure, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Flood Re5 sponse Act’’. 


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1 SEC. 2. EMERGENCY FLOOD ACTIVITY PILOT PROGRAM. 

2 (a) ESTABLISHMENT.—Not later than 18 months 

3 after the date of enactment of this Act, the Administrator 

4 of the Federal Emergency Management Agency shall es5 tablish and carry out a pilot program to assist flood re6 sponse efforts at State and Federal regional levels in re7 sponse to a levee failure or potential levee failure. 

8 (b) GRANTS.—In carrying out the pilot program es9 tablished under subsection (a), the Administrator may 

10 award grants to not more than 10 eligible entities to— 

11 (1) establish or maintain a flood emergency 

12 fund to be used for emergency flood activities de13 scribed in subsection (f); and 

14 (2) ensure a unified command system organiza15 tional framework for such activities. 

16 (c) APPLICATION.—To be eligible to receive a grant 

17 under this section, an eligible entity shall submit to the 

18 Administrator an application at such time, in such man19 ner, and containing such information as the Administrator 

20 may require, including the following: 

21 (1) A plan describing the emergency flood ac22 tivities for which the funds may be used as well as 

23 the levee safety plan that contains the unified com24 mand system that would carry out such activities. 

25 (2) A scope of work and tasks, project timeline, 

26 budget, and ongoing post-grant management plan. 


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1 (3) Information regarding what entity main2 tains the flood emergency fund. 

3 (4) A description of non-Federal contributions 

4 to the flood emergency fund. 

5 (5) A description of how such plan will benefit 

6 the community, environment, and economy of the 

7 participating region within the legal boundaries of 

8 the applicant. 

9 (6) Mechanisms for long-term replenishment of 

10 the flood emergency fund and a description of what 

11 percentage of the fund will be used— 

12 (A) to support ongoing administrative 

13 project maintenance; and 

14 (B) for the unified command system that 

15 would use and apply the fund in a flood emer16 gency or post-flood recovery. 

17 (d) ELIGIBILITY.—To be eligible to receive a grant 

18 under this section, an eligible entity, in cooperation with 

19 appropriate local, State, and Federal agencies, shall estab20 lish criteria and procedures for use of the entity’s flood 

21 emergency fund in a flood emergency. 

22 (e) SELECTION.— 

23 (1) IN GENERAL.—The Administrator shall 

24 award grants under subsection (b) on a competitive 

25 basis. 


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1 (2) PRIORITY.—In awarding grants under sub2 section (b), the Administrator shall prioritize appli3 cations— 

4 (A) from eligible entities that represent a 

5 geographically diverse cross-section of the 

6 United States; 

7 (B) that include opportunities to build on 

8 existing Federal and non-Federal flood relief ef9 forts; 

10 (C) from eligible entities that have a flood 

11 safety plan approved by a levee maintaining 

12 agency; and 

13 (D) from eligible entities that have a local 

14 mitigation plan regarding hazard mitigation ap15 proved by the Federal Emergency Management 

16 Agency. 

17 (f) USE OF FUNDS.— 

18 (1) IN GENERAL.—Funds awarded under this 

19 section may be used in the case of a flood for emer20 gency flood activities, including planning and pre21 paring to perform emergency flood activities, and to 

22 support ongoing administrative project maintenance. 

23 Emergency flood activities include prompt emer24 gency action to— 

25 (A) prevent levee failure; 


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1 (B) close levee breaks; 

2 (C) make relief cuts and dewater flooded 

3 areas; and 

4 (D) otherwise physically limit the extent, 

5 depth, and duration of flood waters in the event 

6 of a levee failure. 

7 (2) LIMITATION ON USE OF FUNDS.—Funds 

8 awarded under this section may not be used if— 

9 (A) the emergency flood activity is required 

10 by law to be performed by the Corps of Engi11 neers; and 

12 (B) the Corps of Engineers immediately 

13 exercises its authority to perform such activity. 

14 (3) ADDITIONAL GUIDELINES.—The Adminis15 trator, in consultation with the Corps of Engineers, 

16 shall establish any additional guidelines for the use 

17 of funds awarded under this section. 

18 (g) REIMBURSEMENT OF EXPENDITURES.—As a con19 dition of a grant awarded to an eligible entity under sub20 section (b), the Administrator shall ensure that, following 

21 an expenditure of funds from the entity’s flood emergency 

22 fund, the entity will— 

23 (1) seek all available State and Federal disaster 

24 assistance reimbursements for such expenditures; 

25 and 


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1 (2) deposit the reimbursements in the flood 

2 emergency fund. 

3 (h) FEDERAL SHARE.—The Federal share of the cost 

4 of a flood emergency activity carried out using grant funds 

5 made available under this section may not exceed 50 per6 cent of the cost of such activity. 

7 (i) ANNUAL REPORT TO CONGRESS.—The Adminis8 trator shall submit to Congress an annual report on the 

9 progress and outcomes of the pilot program established 

10 under this section. 

11 (j) DEFINITIONS.—In this section: 

12 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means a State local levee maintaining agency or 

14 unit of local government that— 

15 (A) is responsible for emergency flood re16 sponse efforts; and 

17 (B) maintains and operates a flood emer18 gency fund. 

19 (2) FLOOD EMERGENCY FUND.—The term 

20 ‘‘flood emergency fund’’ means a fund established, 

21 maintained, and operated by a levee maintaining 

22 agency or a local designated coordinating agency, in23 cluding the maintenance of the accounting of all 

24 Federal and non-Federal funds and derivation of 

25 such funds. 


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1 (k) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $50,000,000 to remain available until expended. 

Æ 


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