[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6207 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6207

     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to improve recovery and hazard mitigation activities 
        with respect to major disasters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2010

   Ms. Herseth Sandlin (for herself and Mr. Peterson) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
  Assistance Act to improve recovery and hazard mitigation activities 
        with respect to major disasters, 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 ``Rural Flood Mitigation and Recovery 
Act of 2010''.

SEC. 2. CORPS OF ENGINEERS FLOOD DAMAGE REDUCTION PROJECTS.

    (a) In General.--In carrying out a study for a flood damage 
reduction project to be carried out for a flood prone disaster area, 
the Secretary of the Army may determine that the project is justified 
and recommend the project solely on the basis that the non-Federal 
interest for the project has demonstrated that the project is 
appropriate and needed to protect the long-term economic viability of 
the area.
    (b) Flood Prone Disaster Area Defined.--In this section, the term 
``flood prone disaster area'' means an area determined by the President 
at any time to be a flood prone disaster area under section 428 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (as 
added by section 3 of this Act).

SEC. 3. FLOOD PRONE DISASTER AREAS.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended--
            (1) by redesignating the second section 425 (42 U.S.C. 
        5189e; relating to essential service providers) as section 427; 
        and
            (2) by adding at the end the following:

``SEC. 428. FLOOD PRONE DISASTER AREAS.

    ``(a) Determination of Flood Prone Disaster Areas.--
            ``(1) In general.--If the President declares under section 
        401 that a major disaster exists in an area due to flooding, 
        the President shall determine at the time of the declaration 
        whether the area qualifies as a flood prone disaster area for 
        the purposes of this section.
            ``(2) Criteria.--The President shall determine an area to 
        be a flood prone disaster area under paragraph (1) if the area 
        has experienced at least 2 other major disasters due to 
        flooding during the 5-year period preceding the date of the 
        declaration referred to in paragraph (1).
            ``(3) Applicability.--The determination that an area is a 
        flood prone disaster area in connection with a major disaster 
        shall apply to assistance made available under this Act with 
        respect to that disaster.
    ``(b) Special Rules for Flood Prone Disaster Areas.--
            ``(1) Contributions for hazard mitigation measures.--
                    ``(A) Federal share.--In making contributions for 
                hazard mitigation measures under section 404 for the 
                benefit of a flood prone disaster area, the President 
                shall treat the `75 percent' specified in the first 
                sentence of subsection (a) of that section as--
                            ``(i) 90 percent; or
                            ``(ii) 100 percent, if the President 
                        determines that the measures would not be 
                        carried out without additional Federal funding 
                        and are necessary to protect the long-term 
                        economic viability of the area.
                    ``(B) Total contributions.--In making contributions 
                for hazard mitigation measures under section 404 for 
                the benefit of a flood prone disaster area, the 
                President shall--
                            ``(i) treat the `15 percent' specified in 
                        the last sentence of subsection (a) of that 
                        section as 20 percent; and
                            ``(ii) treat the `20 percent' specified in 
                        section 322(e)(1) as 25 percent.
            ``(2) Repair, restoration, and replacement of damaged 
        facilities.--In making contributions for the repair, 
        restoration, reconstruction, or replacement of facilities under 
        section 406 for the benefit of a flood prone disaster area, the 
        President shall treat the `75 percent' specified in subsection 
        (b)(1) of that section as--
                    ``(A) 90 percent; or
                    ``(B) 100 percent, if the President determines that 
                the activity would not be carried out without 
                additional Federal funding and is necessary to protect 
                the long-term economic viability of the area.
    ``(c) Flood Prone Disaster Area Task Forces.--
            ``(1) Establishment.--In each State that includes a flood 
        prone disaster area, the President shall establish a task force 
        to ensure that activities in response to the major disaster in 
        that area are coordinated and carried out appropriately.
            ``(2) Membership.--The President shall ensure, to the 
        extent practicable, that each task force established under 
        paragraph (1) is composed of the heads of all Federal and State 
        agencies relevant to disaster response activities in the flood 
        prone disaster area.''.

SEC. 4. HAZARD MITIGATION.

    Section 404 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the 
following:
    ``(d) Timing of Contributions.--In making contributions for hazard 
mitigation measures under this section with respect to a major 
disaster, the President, to the extent practicable, shall--
            ``(1) review an application for assistance not later than 3 
        months after the date on which the application is received; and
            ``(2) begin providing contributions to the cost of the 
        measures not later than 6 months after the date on which the 
        major disaster is declared.''.

SEC. 5. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.

    Section 408(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(a)) is amended by adding at 
the end the following:
            ``(3) Consideration of certain factors.--In determining 
        whether to provide financial assistance or direct services 
        under this section to an individual or household affected by a 
        major disaster, the President shall give consideration to--
                    ``(A) the economic impact of the major disaster on 
                the area in which the individual or household is 
                located; and
                    ``(B) the number of other major disasters that have 
                been declared with respect to that area during the 
                preceding 5-year period.''.

SEC. 6. EMERGENCY RELIEF.

    Section 120(e) of title 23, United States Code, is amended by 
inserting after ``natural disaster or catastrophic failure'' the 
following: ``, or accomplished more than 180 days after the actual 
occurrence if the Secretary determines that inclement weather or 
flooding prevented accomplishment within 180 days,''.

SEC. 7. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES 
              PILOT PROGRAM.

    (a) In General.--During the 2-year period beginning on the date of 
enactment of this Act, the President shall select 3 major disasters 
declared under section 401 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5170) for the use of modified 
response procedures in accordance with subsection (b).
    (b) Modified Response Procedures.--With respect to a major disaster 
selected for modified response procedures under subsection (a), the 
President, in carrying out section 406 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), shall 
make contributions to a State or local government for a repair, 
restoration, reconstruction, or replacement project--
            (1) at the time that a bid is selected for awarding the 
        contract with respect to the project; and
            (2) in an amount based on the bid selected.
    (c) Report.--Not later than 30 months after the date of enactment 
of this Act, the President shall submit to Congress a report on the 
results of the use of modified response procedures under this section, 
including a description of--
            (1) any benefits that resulted from the use of the 
        procedures; and
            (2) any overpayments that resulted from the use of the 
        procedures.

SEC. 8. INDIAN TRIBE DISASTER RESPONSE MANAGEMENT PILOT PROGRAM.

    (a) Establishment.--The President shall establish an Indian tribe 
disaster response management pilot program (in this section referred to 
as the ``program'') in accordance with this section.
    (b) Participants.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the President shall select 5 Indian 
        tribes (as such term is defined in section 4(e) of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b(e))) to participate in the program.
            (2) Consideration of past major disaster declarations.--In 
        considering an Indian tribe for participation in the program, 
        the President shall give consideration to the number of major 
        disasters that have been declared with respect to the lands of 
        the Indian tribe by the President under section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170).
    (c) Treatment as States.--
            (1) In general.--Notwithstanding section 102 of the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122), an Indian tribe selected for participation in the 
        program shall be treated as a State for purposes of--
                    (A) requesting, under section 401 of such Act (42 
                U.S.C. 5170), a declaration by the President that a 
                major disaster exists with respect to lands of the 
                Indian tribe; and
                    (B) managing response activities under that Act 
                with respect to a major disaster declared.
            (2) Duration.--An Indian tribe selected for participation 
        in the program shall be treated as a State in accordance with 
        paragraph (1) during the 5-year period beginning on the date on 
        which the Indian tribe is selected for program participation.
    (d) Technical Assistance and Grants.--The President is authorized 
to provide technical assistance and grants to an Indian tribe selected 
for participation in the program to ensure that the Indian tribe has 
the appropriate personnel for and is prepared to manage disaster 
response activities during program participation.
    (e) Report.--Not later than 30 months after the date of enactment 
of this Act, the President shall submit to Congress a report describing 
the results of the program and any related recommendations, including a 
recommendation on whether to make the program permanent and allow the 
participation of all Indian tribes.

SEC. 9. STUDY AND IMPLEMENTATION PLAN GRANTS WITH RESPECT TO ROAD 
              PROJECTS.

    The Administrator of the Federal Emergency Management Agency is 
authorized to make a grant to a State to assist the State to--
            (1) conduct a study to determine and prioritize road 
        projects that need to be completed for the State to be prepared 
        for flooding or other potential disasters; and
            (2) develop an implementation plan for projects determined 
        to be a priority under paragraph (1).

SEC. 10. REPORT ON COMMUNICATION.

    Not later than 12 months after the date of enactment of this Act, 
the Administrator of the Federal Emergency Management Agency shall 
submit to Congress a report that includes--
            (1) a description of the efforts of the Administrator to 
        improve communication with State and local officials with 
        respect to the disaster response, recovery, and hazard 
        mitigation programs of the Agency; and
            (2) recommendations for continuing to improve such 
        communication.

SEC. 11. HAZARD MITIGATION ASSISTANCE REPORT.

    Not later than 6 months after the date of enactment of this Act, 
the President shall submit to Congress a report that includes--
            (1) a description of the efforts of the President to 
        utilize contributions made under section 406 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5172) for hazard mitigation projects;
            (2) an assessment of the effectiveness of the efforts 
        described in paragraph (1), including a specification of 
        impediments to effectiveness;
            (3) recommendations for improving the effectiveness of the 
        efforts described in paragraph (1); and
            (4) a description of the interaction between the efforts 
        described in paragraph (1) and contributions for hazard 
        mitigation measures made under section 404 of such Act (42 
        U.S.C. 5170c).

SEC. 12. GAO STUDIES AND REPORTS.

    (a) Assistance to Distressed Communities.--
            (1) Study.--The Comptroller General shall conduct a study 
        on the effectiveness of the major disaster declaration process 
        and other response activities under the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
        seq.) in providing assistance to distressed communities, 
        including Indian tribes (as such term is defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 450b(e))).
            (2) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report on the results of the study conducted under 
        paragraph (1).
    (b) Paperwork Reduction for Hazard Mitigation Projects.--
            (1) Study.--The Comptroller General shall conduct a study 
        on the application processes and paperwork required for 
        programs under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) that provide 
        assistance for hazard mitigation activities, including whether 
        application process complexity prevents certain entities from 
        applying for the assistance.
            (2) Report.--Not later than 12 months after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report on the results of the study conducted under 
        paragraph (1), which shall include recommendations for 
        streamlining the application processes and paperwork required 
        for programs that provide assistance for hazard mitigation 
        activities.
                                 <all>