II 116TH CONGRESS 2D SESSION S. 3295 To amend the Act of August 18, 1941 (commonly known as the ‘‘Flood Control Act of 1941’’), to authorize the Secretary to provide reimburse- ment to non-Federal sponsors for emergency response repair and restora- tion work, and for other purposes. 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 spon- sors for emergency response repair and restoration work, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. REIMBURSEMENT FOR NON-FEDERAL SPON- 3 SOR WORK. 4 Section 5(a) of the Act of August 18, 1941 (com- 5 monly known as the ‘‘Flood Control Act of 1941’’) (55 6 VerDate Sep 11 2014 20:24 Feb 18, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3295.IS S3295 lotter on DSKBCFDHB2PROD with BILLS 2 •S 3295 IS Stat. 650, chapter 377; 33 U.S.C. 701n(a)), is amended 1 by adding at the end the following: 2 ‘‘(5) WORK CARRIED OUT BY A NON-FEDERAL 3 SPONSOR.— 4 ‘‘(A) IN GENERAL.—The Secretary may 5 authorize a non-Federal sponsor to plan, de- 6 sign, or construct repair or restoration work de- 7 scribed in paragraph (1). 8 ‘‘(B) REQUIREMENTS.—To be eligible for 9 reimbursement under subparagraph (C), the 10 non-Federal sponsor shall— 11 ‘‘(i) enter into a written agreement 12 with the Secretary prior to carrying out 13 the work; and 14 ‘‘(ii) carry out all activities in compli- 15 ance with— 16 ‘‘(I) subchapter IV of chapter 31 17 of title 40, United States Code (com- 18 monly known as the ‘Davis–Bacon 19 Act’); 20 ‘‘(II) chapter 37 of title 40, 21 United States Code (commonly known 22 as the ‘Contract Work Hours and 23 Safety Standards Act’); and 24 VerDate Sep 11 2014 01:22 Feb 15, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3295.IS S3295 lotter on DSKBCFDHB2PROD with BILLS 3 •S 3295 IS ‘‘(III) any other terms and condi- 1 tions as the Secretary may require. 2 ‘‘(C) REIMBURSEMENT.— 3 ‘‘(i) IN GENERAL.—After the Sec- 4 retary determines that activities carried 5 out by a non-Federal sponsor pursuant to 6 an agreement under subparagraph (B) are 7 complete, the Secretary shall reimburse the 8 non-Federal sponsor for the Federal share 9 of the cost of any planning, design, or con- 10 struction activities for the repair or res- 11 toration work carried out. 12 ‘‘(ii) ADDITIONAL AMOUNTS.—If the 13 Federal share of the cost of the activities 14 exceeds the amount obligated by the Sec- 15 retary under the agreement under subpara- 16 graph (B), reimbursement of any addi- 17 tional amounts shall be at the discretion of 18 the Secretary. 19 ‘‘(D) ANNUAL LIMIT ON REIMBURSEMENTS 20 NOT APPLICABLE.—Section 102 of the Energy 21 and Water Development Appropriations Act, 22 2006 (33 U.S.C. 2221), shall not apply to an 23 agreement under subparagraph (B).’’. 24 Æ VerDate Sep 11 2014 01:22 Feb 15, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S3295.IS S3295 lotter on DSKBCFDHB2PROD with BILLS