S.Amdt. 1012
What it does: Adds Sec. 1__. (a) None of the funds made available to the Secretary of the Army to carry out activities of the Corps of Engineers shall be used in a manner that is inconsistent with this section at the end of title I of division AWhat it changes
1 change to H.R. 2354
Adds Sec. 1__. (a) None of the funds made available to the Secretary of the Army to carry out activities of the Corps of Engineers shall be used in a manner that is inconsistent with this section at the end of title I of division A
Adds a sectionInserted: Sec. 1__. (a) None of the funds made available to the Secretary of the Army to carry out activities of the Corps of Engineers shall be used in a manner that is inconsistent with this section.
Inserted: (b)(1) The Secretary of the Army shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-Federal sponsors as the lead project delivery team for authorized civil works flood control construction projects of the Corps of Engineers.
Inserted: (2) In carrying out the pilot program, the Secretary of the Army shall identify not less than 12 congressionally authorized flood control construction projects of the Corps of Engineers that--
Inserted: (A) have received Federal funds and have experienced delays or missed scheduled deadlines in the 5 fiscal years prior to the date of enactment of this Act;
Inserted: (B) have an unobligated funding balance in the Corps of Engineers Construction Account; and
Inserted: (C) include levees, floodwalls, flood control channels, and water control structures.
Inserted: (3) The purposes of the pilot program are--
Inserted: (A) to identify project delivery and cost-saving alternatives that reduce the backlog of Corps of Engineers construction projects;
Inserted: (B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal sponsor operating as the lead project manager for the design, execution, management, and construction of a project; and
Inserted: (C) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
Inserted: (4) A flood control project under this section shall only receive Federal funding if the project is federally owned.
Inserted: (5)(A) In carrying out this section, the Secretary of the Army shall--
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Inserted: (i) enter into a project partnership agreement with the non-Federal sponsor for the non-Federal sponsor to provide full project management control for the design and construction of the flood control project, including preconstruction engineering and design, project implementation, and construction activities, to be carried out under the pilot program; and
Inserted: (ii) in consultation with the district engineer and the non-Federal sponsor, develop a detailed project management plan for each project under the pilot program that outlines the scope, budget, design, and construction resource requirements necessary for execution of the project by the non-Federal sponsor.
Inserted: (B) As a condition of receiving amounts under this section, the non-Federal sponsor, in consultation with the district engineer and local project stakeholders, shall establish to oversee the execution of the project management plan a project delivery team, which shall, at a minimum, consist of--
Inserted: (i) a project manager; and
Inserted: (ii) a Corps of Engineers official, who shall provide technical assistance and guidance on compliance with Corps of Engineers engineering manuals and regulations.
Inserted: (6) On the request of the non-Federal sponsor and in consultation with other appropriate Federal agencies, the Secretary of the Army shall provide the non-Federal sponsor with any necessary technical assistance, including assistance relating to Federal acquisition regulations, contracting requirements, and environmental regulations.
Inserted: (7) Nothing in this section alters any cost-sharing requirement established before the date of enactment of this Act for a project carried out under this section.
Inserted: (8) Not later than [to be supplied], the Secretary of the Army shall submit to the appropriate committees of Congress a report detailing the results of the pilot program carried out under this section, including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
Original wording
At the end of title I of division A, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1012. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 2354, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I of division A, add the following:
Sec. 1__. (a) None of the funds made available to the Secretary of the Army to carry out activities of the Corps of Engineers shall be used in a manner that is inconsistent with this section.
(b)(1) The Secretary of the Army shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-Federal sponsors as the lead project delivery team for authorized civil works flood control construction projects of the Corps of Engineers.
(2) In carrying out the pilot program, the Secretary of the Army shall identify not less than 12 congressionally authorized flood control construction projects of the Corps of Engineers that--
(A) have received Federal funds and have experienced delays or missed scheduled deadlines in the 5 fiscal years prior to the date of enactment of this Act;
(B) have an unobligated funding balance in the Corps of Engineers Construction Account; and
(C) include levees, floodwalls, flood control channels, and water control structures.
(3) The purposes of the pilot program are--
(A) to identify project delivery and cost-saving alternatives that reduce the backlog of Corps of Engineers construction projects;
(B) to evaluate the technical, financial, and organizational efficiencies of a non-Federal sponsor operating as the lead project manager for the design, execution, management, and construction of a project; and
(C) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking process of the Corps of Engineers.
(4) A flood control project under this section shall only receive Federal funding if the project is federally owned.
(5)(A) In carrying out this section, the Secretary of the Army shall--
(i) enter into a project partnership agreement with the non-Federal sponsor for the non-Federal sponsor to provide full project management control for the design and construction of the flood control project, including preconstruction engineering and design, project implementation, and construction activities, to be carried out under the pilot program; and
(ii) in consultation with the district engineer and the non-Federal sponsor, develop a detailed project management plan for each project under the pilot program that outlines the scope, budget, design, and construction resource requirements necessary for execution of the project by the non-Federal sponsor.
(B) As a condition of receiving amounts under this section, the non-Federal sponsor, in consultation with the district engineer and local project stakeholders, shall establish to oversee the execution of the project management plan a project delivery team, which shall, at a minimum, consist of--
(i) a project manager; and
(ii) a Corps of Engineers official, who shall provide technical assistance and guidance on compliance with Corps of Engineers engineering manuals and regulations.
(6) On the request of the non-Federal sponsor and in consultation with other appropriate Federal agencies, the Secretary of the Army shall provide the non-Federal sponsor with any necessary technical assistance, including assistance relating to Federal acquisition regulations, contracting requirements, and environmental regulations.
(7) Nothing in this section alters any cost-sharing requirement established before the date of enactment of this Act for a project carried out under this section.
(8) Not later than [to be supplied], the Secretary of the Army shall submit to the appropriate committees of Congress a report detailing the results of the pilot program carried out under this section, including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis.
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Senate amendment submitted
November 15, 2011