[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4727 Enrolled Bill (ENR)]

        H.R.4727

                      One Hundred Seventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
          the twenty-third day of January, two thousand and two


                                 An Act


 
 To reauthorize the national dam safety program, 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; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT.

    (a) Short Title.--This Act may be cited as the ``Dam Safety and 
Security Act of 2002''.
    (b) Amendment of National Dam Safety Program Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or a repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the National Dam Safety Program 
Act (33 U.S.C. 467 et seq.).

SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY.

    Section 7(b) (33 U.S.C. 467e(b)) is amended--
        (1) by striking ``Federal and State programs'' and inserting 
    ``Federal programs''; and
        (2) by striking ``through--'' and all that follows through the 
    period at the end and inserting ``through coordination and 
    information exchange among Federal agencies concerning 
    implementation of the Federal Guidelines for Dam Safety.''.

SEC. 3. NATIONAL DAM SAFETY PROGRAM.

    (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is 
amended--
        (1) in subparagraph (B) by striking ``implementation plan 
    described in subsection (e)'' and inserting ``strategic plan 
    described in subsection (b)''; and
        (2) in subparagraph (C) by striking ``subsection (f)'' and 
    inserting ``subsection (e)''.
    (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as 
follows:
    ``(b) Duties.--The Director shall prepare a strategic plan--
        ``(1) to establish goals, priorities, and target dates to 
    improve the safety of dams in the United States; and
        ``(2) to the extent feasible, to establish cooperation and 
    coordination with, and assistance to, interested governmental 
    entities in all States.''.
    (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended--
        (1) in paragraph (5) by striking ``and'' at the end;
        (2) in paragraph (6) by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(7) develop technical assistance materials, seminars, and 
    guidelines to improve security for dams in the United States.''.
    (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C. 
467f(d)(3)(A)) is amended by striking ``and shall be'' and all that 
follows through the period at the end and inserting ``and shall be 
exercised by chairing the Board to coordinate national efforts to 
improve the safety of the dams in the United States.''.
    (e) Implementation Plan; Dam Safety Training.--
        (1) In general.--Section 8 (33 U.S.C. 467f) is amended by 
    striking subsections (e) and (g) and redesignating subsections (f) 
    and (h) as subsections (e) and (f), respectively.
        (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is 
    amended--
            (A) in paragraph (1) by striking ``section 8(h)'' and 
        inserting ``section 8(f)''; and
            (B) in paragraph (12) by striking ``section 8(f)'' and 
        inserting ``section 8(e)''.
    (f) Assistance for State Dam Safety Programs.--Section 8(e) (as 
redesignated by subsection (e) of this section) is amended--
        (1) in paragraph (1) by striking ``the Director shall provide 
    assistance'' and all that follows through the period at the end and 
    inserting ``the Director shall provide assistance with amounts made 
    available under section 13 to assist States in establishing, 
    maintaining, and improving dam safety programs in accordance with 
    the criteria specified in paragraph (2).'';
        (2) in paragraph (2)--
            (A) in the matter preceding subparagraph (A)--
                (i) by striking ``primary''; and
                (ii) by striking ``, and for a State to be eligible'' 
            and all that follows before the colon;
            (B) in subparagraph (A)--
                (i) in the matter preceding clause (i) by striking 
            ``For a State to be eligible for assistance under this 
            subsection, a State'' and inserting ``A State''; and
                (ii) in clause (vi) by inserting ``improve security,'' 
            before ``revise operating procedures,''; and
        (3) in paragraph (3) by striking ``contract'' each place it 
    appears and inserting ``agreement''.
    (g) Board.--
        (1) Establishment.--Section 8(f)(1) (as redesignated by 
    subsection (e) of this section) is amended--
            (A) by striking ``The Director may establish'' and 
        inserting ``The Director shall establish''; and
            (B) by striking ``to monitor'' and all that follows through 
        the period at the end and inserting ``to monitor the safety of 
        dams in the United States, to monitor State implementation of 
        this section, and to advise the Director on national dam safety 
        policy.''.
        (2) Voting membership.--Section 8(f)(3) (as redesignated by 
    subsection (e) of this section) is amended--
            (A) in the paragraph heading by striking ``Membership'' and 
        inserting ``Voting membership'';
            (B) in the matter preceding subparagraph (A) by striking 
        ``11 members'' and inserting ``11 voting members''; and
            (C) by striking subparagraphs (F) and (G) and inserting the 
        following:
            ``(F) 5 members shall be selected by the Director from 
        among State dam safety officials; and
            ``(G) 1 member shall be selected by the Director to 
        represent the private sector.''.
        (3) Nonvoting membership; duties; work groups.--Section 8(f) 
    (as redesignated by subsection (e) of this section) is amended--
            (A) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (7), (8), and (9), respectively; and
            (B) by inserting after paragraph (3) the following:
        ``(4) Nonvoting membership.--The Director, in consultation with 
    the Board, may invite a representative of the National Laboratories 
    of the Department of Energy and may invite representatives from 
    Federal or State agencies or dam safety experts, as needed, to 
    participate in meetings of the Board.
        ``(5) Duties.--
            ``(A) In general.--The Board shall encourage the 
        establishment and maintenance of effective programs, policies, 
        and guidelines to enhance dam safety for the protection of 
        human life and property throughout the United States.
            ``(B) Coordination and information exchange among 
        agencies.--In carrying out subparagraph (A), the Board shall 
        encourage coordination and information exchange among Federal 
        and State dam safety agencies that share common problems and 
        responsibilities for dam safety, including planning, design, 
        construction, operation, emergency action planning, 
        inspections, maintenance, regulation or licensing, technical or 
        financial assistance, research, and data management.
        ``(6) Work groups.--The Director may establish work groups 
    under the Board to assist the Board in accomplishing its goals. The 
    work groups shall consist of members of the Board and other 
    individuals selected by the Director.''.
        (4) Travel expenses.--Section 8(f) (as redesignated by 
    subsection (e) of this section) is amended by striking paragraph 
    (8) (as redesignated by paragraph (3)(A) of this subsection) and 
    inserting the following:
        ``(8) Travel expenses.--
            ``(A) Representatives of federal agencies.--To the extent 
        amounts are madeavailable in advance in appropriations Acts, 
each member of the Board who represents a Federal agency shall be 
reimbursed of appropriations for travel expenses by his or her agency, 
including per diem in lieu of subsistence, at rates authorized for an 
employee of an agency under subchapter I of chapter 57 of title 5, 
United States Code, while away from the home or regular place of 
business of the member in the performance of services for the Board.
            ``(B) Other individuals.--To the extent amounts are made 
        available in advance in appropriations Acts, each member of the 
        Board who represents a State agency, the member of the Board 
        who represents the private sector, and each member of a work 
        group created under paragraph (1) shall be reimbursed for 
        travel expenses by FEMA, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from home or regular place of business of the 
        member in performance of services for the Board.''.

SEC. 4. RESEARCH.

    Section 9(a) (33 U.S.C. 467g) is amended--
        (1) in the matter preceding paragraph (1)--
            (A) by striking ``in cooperation with ICODS'' and inserting 
        ``in cooperation with the Board''; and
            (B) by inserting ``and support'' after ``develop'';
        (2) in paragraph (1) by striking ``and'' at the end;
        (3) in paragraph (2) by striking the period at the end and 
    inserting a semicolon; and
        (4) by adding at the end the following:
        ``(3) development and maintenance of information resources 
    systems needed to support managing the safety of dams; and
        ``(4) initiatives to guide the formulation of effective public 
    policy and advance improvements in dam safety engineering, 
    security, and management.''.

SEC. 5. DAM SAFETY TRAINING.

    The Act (33 U.S.C. 467 et seq.) is amended--
        (1) by redesignating sections 10, 11, and 12 as sections 11, 
    12, and 13, respectively; and
        (2) by inserting after section 9 the following:

``SEC. 10. DAM SAFETY TRAINING.

    ``At the request of any State that has or intends to develop a 
State dam safety program, the Director shall provide training for State 
dam safety staff and inspectors.''.

SEC. 6. REPORTS.

    Section 11 (as redesignated by section 5 of this Act) is amended by 
striking subsection (a) and all that follows through ``(b) Biennial 
Reports.--''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5 
of this Act) is amended--
        (1) by striking ``sections 7, 8, and 10'' and inserting 
    ``sections 7, 8, and 11''; and
        (2) by striking ``$1,000,000 for fiscal year 1998,'' and all 
    that follows through the period at the end and inserting 
    ``$6,000,000 for each of fiscal years 2003 through 2006, to remain 
    available until expended.''.
    (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of 
this Act) is amended--
        (1) in subparagraph (A) by striking ``section 8(f)'' each place 
    it appears and inserting ``section 8(e)''; and
        (2) in subparagraph (C) by striking ``needing primary 
    assistance and States needing advanced assistance under section 
    8(f)''.
    (c) Research; Dam Safety Training; Staff.--Section 13 (as 
redesignated by section 5 of this Act) is amended by striking 
subsections (c) through (e) and inserting the following:
    ``(c) Research.--There is authorized to be appropriated to carry 
out section 9 $1,500,000 for each of fiscal years 2003 through 2006, to 
remain until expended.
    ``(d) Dam Safety Training.--There is authorized to be appropriated 
to carry out section 10 $500,000 for each of fiscal years 2003 through 
2006.
    ``(e) Staff.--There is authorized to be appropriated to FEMA for 
the employment of such additional staff personnel as are necessary to 
carry out sections 8 through 10 $600,000 for each of fiscal years 2003 
through 2006.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.