II
116th CONGRESS
2d Session
S. 3295
IN THE SENATE OF THE UNITED STATES
February 13, 2020
Mrs. Fischer introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941
), to authorize the Secretary to provide reimbursement to non-Federal sponsors for emergency response repair and restoration work, and for other purposes.
Reimbursement for non-Federal sponsor work
Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941
) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended by adding at the end the following:
Work carried out by a non-Federal sponsor
In general
The Secretary may authorize a non-Federal sponsor to plan, design, or construct repair or restoration work described in paragraph (1).
Requirements
To be eligible for reimbursement under subparagraph (C), the non-Federal sponsor shall—
enter into a written agreement with the Secretary prior to carrying out the work; and
carry out all activities in compliance with—
subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis–Bacon Act
);
chapter 37 of title 40, United States Code (commonly known as the Contract Work Hours and Safety Standards Act
); and
any other terms and conditions as the Secretary may require.
Reimbursement
In general
After the Secretary determines that activities carried out by a non-Federal sponsor pursuant to an agreement under subparagraph (B) are complete, the Secretary shall reimburse the non-Federal sponsor for the Federal share of the cost of any planning, design, or construction activities for the repair or restoration work carried out.
Additional amounts
If the Federal share of the cost of the activities exceeds the amount obligated by the Secretary under the agreement under subparagraph (B), reimbursement of any additional amounts shall be at the discretion of the Secretary.
Annual limit on reimbursements not applicable
Section 102 of the Energy and Water Development Appropriations Act, 2006 (33 U.S.C. 2221), shall not apply to an agreement under subparagraph (B).
.
