[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2489 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2489

To amend the National Dam Safety Program Act to establish a program to 
provide grant assistance to States for the rehabilitation and repair of 
                deficient dams, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2015

   Mr. Sean Patrick Maloney of New York (for himself and Mr. Gibson) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend the National Dam Safety Program Act to establish a program to 
provide grant assistance to States for the rehabilitation and repair of 
                deficient dams, 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 ``Dam Rehabilitation and Repair Act of 
2015''.

SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

    (a) Definitions.--Section 2 of the National Dam Safety Program Act 
(33 U.S.C. 467) is amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), 
        (8), (9), (11), (13), (14), (15), and (16), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Deficient dam.--The term `deficient dam' means a dam 
        that the State within the boundaries of which the dam is 
        located determines--
                    ``(A) fails to meet minimum dam safety standards of 
                the State or an Indian tribe; and
                    ``(B) poses an unacceptable risk to the public.''; 
                and
            (3) by inserting after paragraph (9) (as redesignated by 
        paragraph (1) of this subsection) the following:
            ``(10) Publicly-owned dam.--
                    ``(A) In general.--The term `publicly-owned dam' 
                means a dam that is owned by 1 or more State agencies 
                or governments, local governments, municipal 
                governments, or tribal governments.
                    ``(B) Inclusions.--The term `publicly-owned dam' 
                includes a dam owned by a nonprofit organization that--
                            ``(i) is established by 1 or more State, 
                        local, municipal, or tribal governments; and
                            ``(ii) provides public benefits, such as--
                                    ``(I) local flood control 
                                districts;
                                    ``(II) regional public water 
                                utilities; and
                                    ``(III) local irrigation 
                                districts.''; and
            (4) by inserting after paragraph (11) (as redesignated by 
        paragraph (1) of this subsection) the following:
            ``(12) Rehabilitation.--The term `rehabilitation' means the 
        repair, replacement, reconstruction, or removal of a dam that 
        is carried out to meet applicable State or tribal dam safety 
        standards.''.
    (b) Program for Rehabilitation and Repair of Deficient Dams.--The 
National Dam Safety Program Act is amended by inserting after section 8 
(33 U.S.C. 467f) the following:

``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.

    ``(a) Establishment of Program.--The Administrator shall establish, 
within FEMA, a program to provide grant assistance to States for use in 
rehabilitation of deficient dams that are publicly-owned dams.
    ``(b) Award of Grants.--
            ``(1) Application.--
                    ``(A) In general.--A State interested in receiving 
                a grant under this section may submit to the 
                Administrator an application for the grant.
                    ``(B) Requirements.--An application submitted to 
                the Administrator under this section shall be submitted 
                at such time, be in such form, and contain such 
                information as the Administrator may prescribe by 
                regulation.
            ``(2) Grant.--
                    ``(A) In general.--The Administrator may make a 
                grant in accordance with this section for 
                rehabilitation of a deficient dam to a State that 
                submits an application for the grant in accordance with 
                the regulations prescribed by the Administrator.
                    ``(B) Project grant agreement.--The Administrator 
                shall enter into a project grant agreement with the 
                State to establish the terms of the grant and the 
                project, including the amount of the grant.
                    ``(C) Grant assurance.--As part of a project 
                agreement entered into under subparagraph (B), the 
                Administrator shall require a State to provide an 
                assurance, with respect to the dam to be rehabilitated 
                under the project, that the owner of the dam has 
                developed and will carry out a plan for maintenance of 
                the dam during the expected life of the dam.
            ``(3) Agreements between states and indian tribes.--A State 
        that receives a grant under this section may enter into an 
        agreement with an Indian tribe--
                    ``(A) to transfer grant funds to the tribe for 
                rehabilitation of a tribally-owned deficient dam 
                consistent with this section; or
                    ``(B) to authorize the State to use grant funds to 
                rehabilitate a tribally-owned deficient dam consistent 
                with this section.
            ``(4) Applicability of requirements.--The Administrator 
        shall require recipients of grants under this section to assure 
        compliance with the standards set forth in section 611(j)(9) of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5196(j)(9)), as in effect on the date of 
        enactment of this section, in the same manner that recipients 
        of financial contributions under section 611(j) of such Act are 
        required to assure compliance with such standards.
    ``(c) Priority System.--The Administrator, in consultation with the 
Board, shall develop a risk-based priority system for use in 
identifying deficient dams for which grants may be made under this 
section.
    ``(d) Allocation of Funds.--The total amount of funds appropriated 
pursuant to subsection (h)(1) for a fiscal year shall be allocated for 
making grants under this section to States applying for the grants for 
that fiscal year as follows:
            ``(1) \1/3\ divided equally among applying States.
            ``(2) \2/3\ divided among applying States based on the 
        proportion that--
                    ``(A) the number of non-Federal publicly-owned dams 
                that the Secretary of the Army identifies in the 
                national inventory of dams maintained under section 6 
                as constituting a danger to human health and that are 
                located within the boundaries of the State; bears to
                    ``(B) the number of non-Federal publicly-owned dams 
                that are so identified and that are located within the 
                boundaries of all applying States.
    ``(e) Use of Funds.--None of the funds provided in the form of a 
grant or otherwise made available under this section shall be used--
            ``(1) to rehabilitate a Federal dam;
            ``(2) to perform routine operation or maintenance of a dam;
            ``(3) to modify a dam to produce hydroelectric power;
            ``(4) to increase water supply storage capacity; or
            ``(5) to make any other modification to a dam that does not 
        also improve the safety of the dam.
    ``(f) Cost Sharing.--The Federal share of the cost of 
rehabilitation of a deficient dam for which a grant is made under this 
section may not exceed 75 percent of the cost of the rehabilitation.
    ``(g) Contractual Requirements.--
            ``(1) In general.--Subject to paragraph (2), as a condition 
        on the receipt of a grant under this section, a State that 
        receives the grant shall require that each contract and 
        subcontract for program management, construction management, 
        planning studies, feasibility studies, architectural services, 
        preliminary engineering, design, engineering, surveying, 
        mapping, and related services entered into using funds from the 
        grant be awarded in the same manner as a contract for 
        architectural and engineering services is awarded under--
                    ``(A) chapter 11 of title 40, United States Code; 
                or
                    ``(B) an equivalent qualifications-based 
                requirement prescribed by the State.
            ``(2) No proprietary interest.--A contract awarded in 
        accordance with paragraph (1) shall not be considered to confer 
        a proprietary interest upon the United States.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $50,000,000 for fiscal year 2016;
                    ``(B) $100,000,000 for fiscal year 2017;
                    ``(C) $150,000,000 for fiscal year 2018;
                    ``(D) $250,000,000 for fiscal year 2019; and
                    ``(E) $250,000,000 for fiscal year 2020.
            ``(2) Staff.--There is authorized to be appropriated to 
        provide for the employment of such additional staff of FEMA as 
        are necessary to carry out this section $400,000 for each of 
        fiscal years 2016 through 2020.
            ``(3) Period of availability.--Amounts made available under 
        this section shall remain available until expended.''.
    (c) Rulemaking.--
            (1) Proposed rulemaking.--Not later than 90 days after the 
        date of enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall issue a notice of proposed 
        rulemaking regarding the amendments made by this section to the 
        National Dam Safety Program Act (33 U.S.C. 467 et seq.).
            (2) Final rule.--Not later than 120 days after the date of 
        enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency shall promulgate a final rule 
        regarding the amendments described in paragraph (1).

SEC. 3. BUY AMERICA.

    The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is 
amended by adding at the end the following:

``SEC. 15. BUY AMERICA.

    ``(a) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available to carry out this Act may not be 
        obligated for a project unless the steel, iron, and 
        manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--The requirements of this section apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decision under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) regardless of the funding source of such contracts, if at 
        least one contract for the project is funded with amounts made 
        available to carry out this Act.
    ``(b) Exceptions.--
            ``(1) Issuance of waivers.--The Administrator may waive the 
        requirements of subsection (a) only if the Administrator finds 
        that--
                    ``(A) applying subsection (a) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall issue 
        regulations establishing the criteria that the Administrator 
        shall use to determine whether the application of subsection 
        (a) is inconsistent with the public interest for purposes of 
        paragraph (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under this Act seeking a waiver under paragraph (1) shall 
        submit to the Administrator a request for the waiver in such 
        form and containing such information as the Administrator may 
        require.
    ``(c) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Administrator receives a 
                request for a waiver under subsection (b), the 
                Administrator shall provide notice of and an 
                opportunity for public comment on the request at least 
                30 days before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Administrator concerning the request, 
                        including whether the request is being made 
                        under subsection (b)(1)(A), (b)(1)(B), or 
                        (b)(1)(C); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet Web 
                        site of FEMA.
            ``(2) Detailed justification in federal register.--If the 
        Administrator issues a waiver under subsection (b), the 
        Administrator shall publish in the Federal Register a detailed 
        justification for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
            ``(3) Annual report.--Not later than February 1 of each 
        year beginning after the date of enactment of this section, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report that--
                    ``(A) specifies each project with respect to which 
                the Administrator issued a waiver under subsection (b) 
                during the preceding calendar year;
                    ``(B) identifies the country of origin and product 
                specifications for steel, iron, or manufactured goods 
                acquired pursuant to each waiver under subsection (b) 
                issued by the Administrator during the preceding 
                calendar year;
                    ``(C) summarizes the monetary value of contracts 
                awarded pursuant to each such waiver;
                    ``(D) provides the justification for each such 
                waiver, including the specific law, treaty, or 
                international agreement under which the waiver was 
                granted;
                    ``(E) summarizes the funds expended on--
                            ``(i) steel, iron, and manufactured goods 
                        produced in the United States for projects with 
                        respect to which the Buy America requirement 
                        under this section applied during the preceding 
                        calendar year; and
                            ``(ii) steel, iron, and manufactured goods 
                        produced outside the United States for projects 
                        with respect to which the Administrator issued 
                        a waiver under subsection (b) during the 
                        preceding calendar year; and
                    ``(F) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (b) 
                issued by the Administrator during the preceding 
                calendar year on manufacturing employment in the United 
                States.
    ``(d) State Requirements.--The Administrator may not impose a 
limitation or condition on assistance provided under this Act that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        such State requirements.
    ``(e) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal 
Regulations, a person shall be ineligible to receive a contract or 
subcontract funded with amounts made available to carry out this Act if 
the Administrator, the head of any department, agency, or 
instrumentality of the United States, or a court determines that such 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(f) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Administrator shall prohibit the 
        use of steel, iron, and manufactured goods produced in a 
        foreign country in a project funded with amounts made available 
        to carry out this Act, including any project for which the 
        Administrator has issued a waiver under subsection (b), if the 
        Administrator, in consultation with the United States Trade 
        Representative, determines that the foreign country is in 
        violation of the terms of an agreement with the United States 
        by discriminating against steel, iron, or manufactured goods 
        that are produced in the United States and covered by the 
        agreement.
    ``(g) Emergency Waiver.--Notwithstanding any other provision of 
this section, the Administrator may waive the applicability of this 
section, in whole or in part, in an emergency.''.
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