Title: Emergency Flood Response Act
Policy area: Emergency Management

Summary:
Emergency Flood Response Act
This bill directs the Federal Emergency Management Agency (FEMA) to establish and carry out a pilot program to assist flood response efforts at state and federal regional levels in response to a levee failure or potential levee failure.
FEMA may award grants to up to 10 eligible entities to (1) establish or maintain a flood emergency fund, and (2) ensure a unified command system organizational framework for emergency flood activities. An eligible entity is a levee maintaining agency or unit of local government that is responsible for emergency flood response efforts.
Funds awarded under this bill may be used for emergency flood activities, including prompt emergency action to prevent levee failure, close levee breaks, make relief cuts and dewater flooded areas, and otherwise physically limit the extent, depth, and duration of flood waters in the event of a levee failure. Funds awarded may not be used if the emergency flood activity is required by law to be performed by the U.S. Army Corps of Engineers and the Corps immediately exercises its authority.
FEMA shall ensure that, following an expenditure of funds from a grantee's flood emergency fund, the grantee will seek all available state and federal disaster assistance reimbursements for such expenditures and deposit the reimbursements in the fund. The federal share of the cost may not exceed 50%.
FEMA must submit to Congress an annual report on the progress and outcomes of the pilot program.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8071 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Flood Response Act''.

SEC. 2. EMERGENCY FLOOD ACTIVITY PILOT PROGRAM.

    (a) Establishment.--Not later than 18 months after the date of 
enactment of this Act, the Administrator of the Federal Emergency 
Management Agency shall establish and carry out a pilot program to 
assist flood response efforts at State and Federal regional levels in 
response to a levee failure or potential levee failure.
    (b) Grants.--In carrying out the pilot program established under 
subsection (a), the Administrator may award grants to not more than 10 
eligible entities to--
            (1) establish or maintain a flood emergency fund to be used 
        for emergency flood activities described in subsection (f); and
            (2) ensure a unified command system organizational 
        framework for such activities.
    (c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including the following:
            (1) A plan describing the emergency flood activities for 
        which the funds may be used as well as the levee safety plan 
        that contains the unified command system that would carry out 
        such activities.
            (2) A scope of work and tasks, project timeline, budget, 
        and ongoing post-grant management plan.
            (3) Information regarding what entity maintains the flood 
        emergency fund.
            (4) A description of non-Federal contributions to the flood 
        emergency fund.
            (5) A description of how such plan will benefit the 
        community, environment, and economy of the participating region 
        within the legal boundaries of the applicant.
            (6) Mechanisms for long-term replenishment of the flood 
        emergency fund and a description of what percentage of the fund 
        will be used--
                    (A) to support ongoing administrative project 
                maintenance; and
                    (B) for the unified command system that would use 
                and apply the fund in a flood emergency or post-flood 
                recovery.
    (d) Eligibility.--To be eligible to receive a grant under this 
section, an eligible entity, in cooperation with appropriate local, 
State, and Federal agencies, shall establish criteria and procedures 
for use of the entity's flood emergency fund in a flood emergency.
    (e) Selection.--
            (1) In general.--The Administrator shall award grants under 
        subsection (b) on a competitive basis.
            (2) Priority.--In awarding grants under subsection (b), the 
        Administrator shall prioritize applications--
                    (A) from eligible entities that represent a 
                geographically diverse cross-section of the United 
                States;
                    (B) that include opportunities to build on existing 
                Federal and non-Federal flood relief efforts;
                    (C) from eligible entities that have a flood safety 
                plan approved by a levee maintaining agency; and
                    (D) from eligible entities that have a local 
                mitigation plan regarding hazard mitigation approved by 
                the Federal Emergency Management Agency.
    (f) Use of Funds.--
            (1) In general.--Funds awarded under this section may be 
        used in the case of a flood for emergency flood activities, 
        including planning and preparing to perform emergency flood 
        activities, and to support ongoing administrative project 
        maintenance. Emergency flood activities include prompt 
        emergency action to--
                    (A) prevent levee failure;
                    (B) close levee breaks;
                    (C) make relief cuts and dewater flooded areas; and
                    (D) otherwise physically limit the extent, depth, 
                and duration of flood waters in the event of a levee 
                failure.
            (2) Limitation on use of funds.--Funds awarded under this 
        section may not be used if--
                    (A) the emergency flood activity is required by law 
                to be performed by the Corps of Engineers; and
                    (B) the Corps of Engineers immediately exercises 
                its authority to perform such activity.
            (3) Additional guidelines.--The Administrator, in 
        consultation with the Corps of Engineers, shall establish any 
        additional guidelines for the use of funds awarded under this 
        section.
    (g) Reimbursement of Expenditures.--As a condition of a grant 
awarded to an eligible entity under subsection (b), the Administrator 
shall ensure that, following an expenditure of funds from the entity's 
flood emergency fund, the entity will--
            (1) seek all available State and Federal disaster 
        assistance reimbursements for such expenditures; and
            (2) deposit the reimbursements in the flood emergency fund.
    (h) Federal Share.--The Federal share of the cost of a flood 
emergency activity carried out using grant funds made available under 
this section may not exceed 50 percent of the cost of such activity.
    (i) Annual Report to Congress.--The Administrator shall submit to 
Congress an annual report on the progress and outcomes of the pilot 
program established under this section.
    (j) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        State local levee maintaining agency or unit of local 
        government that--
                    (A) is responsible for emergency flood response 
                efforts; and
                    (B) maintains and operates a flood emergency fund.
            (2) Flood emergency fund.--The term ``flood emergency 
        fund'' means a fund established, maintained, and operated by a 
        levee maintaining agency or a local designated coordinating 
        agency, including the maintenance of the accounting of all 
        Federal and non-Federal funds and derivation of such funds.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 to remain available 
until expended.
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