[Congressional Record Volume 148, Number 111 (Thursday, September 5, 2002)]
[House]
[Pages H6065-H6070]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DAM SAFETY AND SECURITY ACT OF 2002
The SPEAKER pro tempore (Mr. Gibbons). Pursuant to the order of the
House of Wednesday, September 4, 2002, and rule XVIII, the Chair
declares the House in the Committee of the Whole House on the State of
the Union for the consideration of the bill, H.R. 4727.
{time} 1023
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4727) to reauthorize the national dam safety program, and for
other purposes, with Mr. Ryan of Wisconsin in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the order of the House of Wednesday,
September 4, 2002, the bill is considered as having been read the first
time.
The gentleman from Ohio (Mr. LaTourette) and the gentleman from
Illinois (Mr. Costello) each will control 30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, H.R. 4727, the Dam Safety and Security Act of 2002,
introduced by the gentleman from Pennsylvania (Mr. Shuster),
reauthorizes and updates the national dam safety program, which was
originally passed as part of the Water Resources Development Act of
1996.
This program was created to improve public safety around dams by
providing grants to State dam safety agencies to assist them in
improving their regulatory programs, funding research to enhance
technical expertise as dams are built and rehabilitated, establishing
training programs for dam safety inspectors, and creating a national
inventory of dams.
Since its passage in 1996, the program has worked to provide
assistance grants, training, research, and expertise in each of the 48
States that has a dam safety program.
Dams serve a number of important functions in today's society. They
provide water for recreation, electricity, human and livestock
consumption, crop irrigation, and flood control.
According to the Army Corps of Engineers, which maintains the
national inventory, there are more than 80,000 dams in the United
States. Of these, 10,000 have been classified as high risk, meaning
that their failure poses a risk of either loss of life or severe loss
of property.
While it is widely believed that the Federal Government owns most of
America's dams, the reality is far from that. In fact, the Federal
Government owns just over 5 percent of the dams in the United States,
with the vast majority, some 58 percent, being owned by private
individuals.
This fact highlights the need for coordinated and adequately funded
inspection programs at the State level. This bipartisan legislation
will reauthorize this important public works safety program for an
additional 4 years, require the creation of a strategic plan, give the
Interagency Board greater flexibility to provide assistance to States,
allow for the inclusion of State dam safety officials on the
Interagency Board, increase the amount of money available for grants
and research, and require that the Board consider security when
assessing the safety of dams.
Mr. Chairman, I support this very important piece of legislation. I
want to commend the ranking member of our subcommittee, the gentleman
from Illinois (Mr. Costello), for his diligence and willingness to
continue to work with us in a bipartisan manner to produce good
legislation, and also the chairman of the full committee, the gentleman
from Alaska (Mr. Young), and the ranking member of the full committee,
the gentleman from Minnesota (Mr. Oberstar).
I want to pay special note at this time and give thanks to the author
of
[[Page H6066]]
the legislation, the gentleman from Pennsylvania (Mr. Shuster).
Although a new Member of the House, the gentleman from Pennsylvania has
already proven himself to be a leader in important issues of
transportation and infrastructure, following in the important footsteps
of his father, and this piece of legislation is a good example of that.
This is a good piece of legislation.
Mr. Chairman, I yield the balance of my time to the gentleman from
Pennsylvania (Mr. Shuster), and I ask unanimous consent that he be
permitted to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SHUSTER asked and was given permission to revise and extend his
remarks.)
Mr. SHUSTER. Mr. Chairman, I would like to thank the gentleman from
Ohio (Mr. LaTourette) for his leadership on this issue.
Mr. Chairman, I rise in support of the Dam Safety and Security Act.
This important legislation reauthorizes a program that has directly
helped the States and protects the citizens of this country.
This program, run by the Federal Emergency Management Administration,
provides vital assistance to States, and actually saves the government
money by helping prevent dam accidents from happening, allowing FEMA to
direct its emergency funds where they are needed most.
Dams provide tremendous benefits, including water supply for
drinking, irrigation and industrial uses, flood control, hydroelectric
power, recreation, and navigation.
At the same time, dams also represent one of the greatest risks to
public safety. Historically, some of the largest disasters in U.S.
history have resulted in dam failures.
In 1928, the St. Francis Dam failure killed more than 500
Californians. During the 1970s, the Buffalo Creek Teton and Toccoa
Creek Dam failures collectively cost 175 lives and over $1 billion in
losses. In 1889, the collapse of the South Fork Dam decimated the town
of Johnstown, Pennsylvania, killing more than 2,000 people.
Despite the tragedies of the past, many dams are not maintained
properly. Dams require ongoing maintenance, monitoring, safety
inspections, and rehabilitation. In the past 2 years, more than 520 dam
incidents, including 61 dam failures, were reported.
While the Federal Government maintains many well known dams, like the
Hoover Dam, more than 90 percent of the dams, over 100,000 dams, are
regulated by the States. Additionally, the number of high hazard
potential dams whose failures would cause loss of human life or severe
property damage is increasing due to the development of downstream
land. Today, there are almost 10,000 high hazard potential dams. Even
more alarming, States presently report approximately 23,100 unsafe dams
which have deficiencies that leave them highly susceptible to failure.
Some States, Delaware, for example, have relatively few dams, while
others like Kansas, Missouri, Oklahoma, and Texas have 4,000 dams each.
Many States fully fund their dam safety program. Unfortunately, others
do not. In Iowa, for example, a single staff person is responsible to
devote one-third of his time to dam safety and yet be responsible for
inspecting almost 11,000 State regulated dams.
Clearly, more can be done. The combined effort of rapid downstream
development and aging or non-compliant structures demands fully funded
and staffed State dam safety programs, as well as substantial proactive
funding for dam repairs.
1030
Not surprisingly, repairs to dams are expensive. Some estimates say
as much as $7 billion across the United States. It is important to note
that other Members of Congress are working on drafting separate
legislation that would provide loans to dam owners to help cover the
costs of repairs. I support the intent and look forward to reviewing
the legislation.
In an effort to ensure dam safety, Congress passed the National Dam
Safety Program in 1996. Under that program State dam safety agencies
received grants totaling $7 million to assist them with improving dam
safety regulatory programs by procuring equipment, implementing new
technology, and enabling more frequent inspections. The program also
provides opportunities for continuing education to dam safety engineers
and funding for research to advance the technology for investigations,
construction, and the rehabilitation of dams.
I am pleased to report this program was successful and deserves to be
continued. It is important to note this model program sent the money
directly to States, where it was used to educate, inform, and help
protect the people.
My State of Pennsylvania has been in the forefront of the Nation's
dam safety efforts over the last two decades and our program has been
cited as a role model for other States in developing new and expanded
programs. Of the 3,200 dams in Pennsylvania, 950 are classified as
high-hazard potential structures.
This determination helps State dam officials identify which dams
deserve regular inspection. In conversations with Pennsylvania State
dam officials, they confirmed that they could not have done it without
the National Dam Safety Program.
This bill reauthorizes this successful program by updating and fine-
tuning the underlying language and providing a modest boost to the
funding for research and development. The total authorized funding is
increased by $2.7 million per year, with $2 million being directed in
State grants, $500,000 for research, and $200,000 for additional staff
of FEMA to conduct training. Importantly, this legislation will also
provide States the technical assistance necessary to maintain security
for our Nation's dams.
Specifically the program will develop cost-effective programs and
procedures for hazard reduction; develop procedures to be used for dam
site investigation, design, construction, operation, maintenance, and
emergency preparedness; encourage the establishment of dam safety
problems in each State; develop public awareness projects to increase
acceptance and support of State dam safety programs; develop technical
assistance materials for Federal and non-Federal dam safety programs;
develop mechanisms to provide technical assistance to the non-Federal
sector; and develop technical assistance and encourage appropriate
security for our Nation's dams.
Mr. Chairman, I would like to remind everybody how important dams are
to this country. Dams provide hydroelectric power to almost every State
in the Union, habitats for fish, birds and other animals, recreational
activities from bird watching to water sports, flood control and are an
important source of our drinking water. The positive impacts of dams
may be influencing more people to build downstream from dams. This is
not dangerous as long as dams are monitored and maintained. For these
reasons and in memory of the thousands of lives lost to dam failures, I
urge my colleagues to support this common sense legislation.
Mr. Chairman, I would like to include in the Record three letters of
support for this important legislation. The National Governors'
Association, the American Society of Civil Engineers, and the
Association of State Dam Safety Officials each sent a letter in support
of the National Dam Safety and Security Act. I would also like to thank
the gentleman from Alaska (Mr. Young), the chairman, for his assistance
and leadership on this bill; the gentleman from Ohio (Mr. LaTourette),
subcommittee chairman, for his help and guidance. In addition, I
appreciate the support of the gentleman from Illinois (Mr. Costello),
ranking member, and the gentleman from Minnesota (Mr. Oberstar) for
their help in crafting this legislation.
The letters referred to are as follows:
National Governors Association,
Washington, DC, September 3, 2002.
To: All Members of the House of Representatives
The National Governors Association supports legislation to
reauthorize the National Dam Safety Program Act, therefore,
we urge you to support the ``Dam Safety and Security Act of
2002'' (H.R. 4727). From its $5.9 million annual
authorization, the National Dam Safety Program provides $4
million per year in grants to states to help improve dam
[[Page H6067]]
safety inspection, classification and regulatory programs, as
well as $500,000 for training state dam safety inspectors.
Dams are a critical component of state infrastructure,
equal in importance to bridges, roads, or airports. They
provide benefits such as water supply, flood control, power
generation, navigation, recreation, and wildlife habitat. Dam
failures can cause loss of life and significant financial
impacts on downstream areas. The American Society of Civil
Engineers, in their 2001 Report Card for America's
Infrastructure, gave dams a grade of ``D,'' indicating a
problem that deserves national attention.
State governments have regulatory responsibility for 95
percent of the approximately 75,000 dams within the National
Inventory of Dams. The bulk of the responsibility to ensure
the safety of the nation's dams falls on the shoulders of the
states, and concerns about homeland security have increased
this burden. State dam safety programs vary in authority, but
typically the program includes safety inspections of new and
existing dams, review of plans and specifications for dam
construction and repair, and review and approval of emergency
action plans.
H.R. 4727 makes only small changes in the existing National
Dam Safety program but will continue a modest yet vital
agenda for addressing America's dams. thank you for your
consideration of our views.
Sincerely,
Governor Bob Wise,
Chair, Committee on Natural Resources.
Governor Bill Owens,
Vice Chair, Committee on Natural Resources.
____
Association of State Dam
Safety Officials,
Lexington, KY, September 4, 2002.
Hon. Bill Shuster,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Representative Shuster: On behalf of the more than
2,000 members of the Association of State Dam Safety
Officials (ASDSO); we urge passage of the bill H.R. 4727, The
Dam Safety and Security Act of 2002. The Dam Safety and
Security Act reauthorizes the National Dam Safety program
through FY 2006, and makes some minor changes to the program
that were identified over its first five years.
The National Dam Safety Program Act (NDSPA), enacted as
part of the Water Resources Development Act of 1996 (P.L.
104-303), expires in FY 2002. This modest, yet vital, program
enables the states to improve their fledging dam safety
programs which, in turn, translates into reduced risks to
life and property. The National Dam Safety Program (NDSP) has
fostered many significant improvements in the state dam
safety programs, provided critical training to state
engineers and established unprecedented cooperation between
Federal dam safety agencies and state dam safety programs.
The accomplishments realized through the NDSP, under FEMA's
direction, clearly demonstrate the benefits of Federal
leadership. The National Dam Safety Program Act of 1996 is
set to expire in FY 2002, but there are many more goals and
challenges ahead that should be addressed in order to improve
dam safety in the United States. Conducting vulnerability
assessments and improving dam security, mapping of dambreak
flood inundation areas below dams and creating a funding
source to provide low interest loans for dam repairs are the
most urgent challenges.
ASDSO urges you to support H.R. 4727 when it comes to the
House floor on September 5, 2002, to continue to improve the
safety of our Nation's dams and to prevent dam failures that
threaten lives and property.
If you or your staff have any questions please call Brad
Larossi, Chairman of the ASDSO Legislative Committee at 410-
631-3538.
Sincerely,
Brad Larossi, P.E.,
Chairman, Legislative Committee.
____
American Society of Civil Engineers,
Washington, DC, September 4, 2002.
Hon. Bill Shuster,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Representative Shuster: On behalf of the more than
125,000 members of the American Society of Civil Engineers
(ASCE), I urge the passage of H.R. 4727, the Dam Safety and
Security Act of 2002, which reauthorizes the National Dam
Safety Program (P.L. 104-303) for an additional four years.
The bill authorizes $8.6 million in each of the fiscal
years 2003 through 2006 for dam safety. It amends the
National Dam Safety Program Act to direct the Interagency
Committee on Dam Safety to encourage the establishment and
maintenance of effective federal programs, policies, and
guidelines intended to enhance dam safety.
The National Dam Safety Program Act (NDSPA), enacted as
part of the Water Resources Development Act of 1996, expires
in FY 2002. This modest, yet vital, program enables the
states to improve their fledgling dam safety programs, which,
in turn, translate into reduced risks to life and property.
The National Dam Safety Program (NDSP) has fostered many
significant improvements in the state dam safety programs,
provided critical training to state engineers and established
unprecendented cooperation between Federal dam safety
agencies and state dam safety programs.
ASCE's 2001 Report Card for the Nation's Infrastructure
concluded dams require ongoing maintenance, monitoring,
frequent safety inspections and rehabilitation. More than 90
percent of the nation's approximately 100,000 dams are
regulated by the states.
ASCE believes that H.R. 4727 is critically important to the
constant effort to protect human life and property in every
state in the United States. We urge you to support H.R. 4727
when it comes to the House floor on September 5, 2002.
Sincerely yours,
H. Gerard Schwartz, Jr., Ph.D., P.E.,
President.
Mr. SHUSTER. Mr. Chairman, I reserve the balance of my time.
Mr. COSTELLO. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, H.R. 4727, the Dam Safety and Security Act of 2002,
reauthorizes and amends the National Dam Safety Program. The program's
goal is to reduce the risk to life and property by establishing an
effective dam safety maintenance program that utilizes the resources
and expertise of the Federal and non-Federal communities to achieve the
reduction of dam safety hazards. One of the primary purposes of the
National Dam Safety Program Act is to provide financial assistance to
the States for strengthening their dam safety program.
Since the passage of the National Dam Safety Program Act in 1996, the
program has improved the Nation's dam safety. Dam inspections have
increased by 25 percent. There have been advances in the state-of-the-
art practice and user documentation; State training programs have been
enhanced; research in the area of improving dam safety has increased;
and an information technology plan will be developed that will
establish an information resource system to centralize national dam
safety information.
Additionally, in light of our Nation's need to protect our
infrastructure from possible terrorist attacks, the National Dam Safety
Review Board has established the Dam Safety Security Task Force to
facilitate dialogue and offer technical support on security-related
policy and guidance.
H.R. 4727, the Dam Safety and Security Act of 2002, seeks to build
upon these achievements made over the past several years and enhance
them. In addition to reauthorizing the National Dam Safety Program for
3 additional years, the bill enhances the program by requiring the
development of dam safety training materials and courses for State and
local officials, by providing for assistance for dam safety programs,
and by allowing for the appointment of State dam safety officials to
the Interagency Board, in addition to making other conforming
amendments.
Mr. Chairman, this is a good bipartisan bill. Dam safety is important
to our Nation, and coming from an area of the country where during
certain times of the year flooding can reach a critical point, I am
pleased that we are taking the time to reauthorize and enhance this
important program.
Finally, I want to commend the gentleman from Alaska (Mr. Young), the
chairman, for his leadership; and the gentleman from Minnesota (Mr.
Oberstar), ranking member, on this legislation, as well as the
gentleman from Ohio (Mr. LaTourette), chairman of the subcommittee, for
their work, and in particular the gentleman from Pennsylvania (Mr.
Shuster), my friend and colleague on the committee, who authored this
legislation, for his leadership on this bill.
Mr. Chairman, I urge passage of this legislation.
Mr. Chairman, I yield such time as she may consume the gentlewoman
from California (Ms. Watson).
Ms. WATSON of California. Mr. Chairman, I stand in support of H.R.
4727, but I want to bring up another matter that relates to security
and it relates more to the Transportation Security Administration.
Mr. Chairman, since September 11 of last year, Congress has taken
important steps to help ensure the safety of America's flying public.
For example, we established the Transportation Security Administration,
federalized airport baggage screeners and expanded the Federal Air
Marshal Program.
Although these were valuable first steps, we must make sure that they
are effective. For example, recent press reports have indicated that
the Air Marshal Program has encountered significant problems as the
service seeks to
[[Page H6068]]
expand in response to last year's terrorist attacks. Subsequently, I
have requested that the GAO conduct a study on reported failures of the
Air Marshal Program.
Among the problems cited in recent news articles are: Many new air
marshals were given guns and badges and put aboard planes and flights
before extensive background checks were completed; marshals have
complained that program rules, specifically the dress code, can
identify them as air marshals, thereby limiting their effectiveness and
putting them in jeopardy; scheduling problems had left many marshals
working as much as 16 hours a day while others are idle for weeks.
These problems, among others, have led at least 80 air marshals to
resign from the program and some to consider a class action lawsuit,
according to the article. These reports, if true, represent a serious
decline in a program that until recently was hailed as one of the
finest in our Nation.
In the wake of September 11, the movement to expand the Air Marshal
Program was an appropriate response to the terror attacks. However, it
is apparent that the rapid expansion of this program has caused new
problems. It is my hope that the GAO report will bring to light these
new problems so that the TSA and Congress can take appropriate action
on behalf of the American people.
Mr. COSTELLO. Mr. Chairman, I have no further speakers, and I yield
back the balance of my time.
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just want to close by thanking again the ranking
member on the subcommittee for his support. As he stated, this is good
bipartisan legislation, and I would urge all of my colleagues to vote
today to pass the Dam Safety and Security Act.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the order of the House of Wednesday, September 4, 2002,
the committee amendment in the nature of a substitute printed in the
bill shall be considered by sections as an original bill for the
purpose of amendment, and each section is considered read.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will designate section 1.
The text of section 1 is as follows:
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.).
The CHAIRMAN. Are there any amendments to section 1?
If not, the Clerk will designate section 2.
The text of section 2 is as follows:
SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY.
Section 7(b) (33 U.S.C. 467(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.''
The CHAIRMAN. Are there any amendments to section 2?
If not, the Clerk will designate section 3.
The text of section 3 is as follows:
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 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:
[[Page H6069]]
``(8) Travel expenses.--
``(A) Representatives of Federal Agencies.--To the extent
amounts are made available in advance in apropriations 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.''
The CHAIRMAN. Are there any amendments to section 3?
Amendment Offered by Mr. Wu
Mr. WU. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Wu:
In section 3(g)(3)(B) of the bill, before ``may invite''
insert ``may invite a representative of the National
Laboratories of the Department of Energy and''.
Mr. WU. Mr. Chairman, I would like to recognize the courtesy of the
gentleman from Pennsylvania (Mr. Shuster) for working with me on this
amendment.
Dams are an extremely important part of our Nation's infrastructure,
equal in importance to bridges, roads or airports; but like these other
crucial assets, safety is the key to the effectiveness of a dam. Dam
failures can be devastating for downstream populations and property to
the dam owners, for the dam's intended purpose, such as generating
electricity, flood control, irrigation, navigation. Property damage can
range in the thousands to billions of dollars and no price can be put
on the lives which would be lost or could be lost in the future due to
dam failure.
Failures know no State boundaries. Inundation from a dam failure
could affect several States and large populations.
In the past several years there have been hundreds of documented dam
failures across the Nation. Earlier in the century many dams failed due
to lack of proper engineering and maintenance and even natural
disasters. Today we also have to be concerned about terrorist attacks.
Through a public/private partnership, the outlook is improving for
dam safety. Today's legislation expands on the earlier Dam Safety Act
and I am very happy to support it. However, there is more that we can
do and that is what my common sense amendment is about.
After September 11 I visited a number of the many dams along the
Columbia River to investigate what the Federal Government can do to
improve the state of our dams. One of the crucial things that I learned
from my conversations with the many officials responsible for the
operation and safety of these dams was that some of them felt they did
not have the technological capability to do the proper modeling of
certain disasters, including terrorist attacks, explosions and the
effect of earthquakes on large concrete dams. Their computers just
could not handle the computational volume to adequately assess what
would happen under certain circumstances.
However, the national laboratories of our Department of Energy do
have this capability. They have the most powerful supercomputers in the
world. And in certain instances, State and local officials have already
worked with the national labs using their supercomputers to do the
necessary modeling of explosions and earthquakes.
{time} 1045
They were then able to model more accurately the potential for
catastrophic dam failure.
We should use all the technology available to us to improve the
safety of our dams. My amendment would help ensure that the national
labs work with dam officials by including a representative from the
national labs on the national review board. This representative would
serve as a nonvoting member and would work with the review board in an
advisory capacity.
We can learn a great deal from the national labs. They have already
helped some of the dam officials with whom I have spoken. It is
important that we ensure that we continue to help officials throughout
the country.
My amendment would do that, and I urge my colleagues to join me in
supporting this important commonsense amendment.
Mr. COSTELLO. Mr. Chairman, will the gentleman yield?
Mr. WU. I yield to the gentleman from Illinois.
Mr. COSTELLO. Mr. Chairman, I thank the gentleman for yielding, and I
rise in support of the Wu amendment that seeks to permit FEMA to invite
an official from one of the Department of Energy's national
laboratories to participate as a nonvoting member of the Dam Safety
Review Board.
Our national laboratories' involvement in counterterrorism and anti-
terrorism programs began years ago as a part of our work to develop
technology to protect nuclear weapons and nuclear energy facilities
against terrorists. Much of this technology also proved valuable for
securing other important facilities and is now helping to fight
terrorism throughout the world and to meet the Nation's homeland
security needs.
The national labs can assist the Dam Safety Review Board and Dam
Safety Task Force by providing technical support through modeling
disaster scenarios in other related areas.
In light of the Nation's need to protect our Nation's infrastructure,
including dams, from possible terrorist attacks, including an official
from the national labs on the Dam Safety Review Board will assist us in
furthering these goals by providing technical support in computer
modeling simulations and other related security support.
I compliment the gentleman for his amendment and urge its adoption.
Mr. SHUSTER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I appreciate the interest in the legislation my
colleague from Oregon has shown, and we are prepared to accept the
amendment.
The amendment merely clarifies that the director may invite a
representative of the national laboratories of the Department of Energy
to participate in meetings or working groups of the board. This
amendment makes no substantive change to existing law and, in fact,
represents current practice of FEMA which is to include the national
labs in many of their activities.
I am pleased that we could come to a mutually agreed-upon resolution
to this amendment, and I appreciate the gentleman from Oregon's (Mr.
Wu) interest on this issue.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Oregon (Mr. Wu).
The amendment was agreed to.
The CHAIRMAN. Are there further amendments to section 3?
Mr. SHUSTER. Mr. Chairman, I ask unanimous consent that the remainder
of the committee amendment in the nature of a substitute be printed in
the Record and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from
Pennsylvania?
There was no objection.
The text of the remainder of the committee amendment in the nature of
a substitute is as follows:
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.''.
[[Page H6070]]
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 though 10 $600,000 for
each of fiscal years 2003 through 2006.''.
The CHAIRMAN. Are there other amendments to the bill?
If not, the question is on the committee amendment in the nature of a
substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Goode) having assumed the chair, Mr. Ryan of Wisconsin, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4727) to
reauthorize the national dam safety program, and for other purposes,
pursuant to the previous order of September 4, 2002, he reported the
bill back to the House with an amendment adopted by the Committee of
the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on the amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the committee amendment in the nature
of a substitute.
The committee amendment in the nature of a substitute was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SHUSTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on passage of H.R. 4727 will be followed by a 5-minute vote
on House Resolution 94, a motion to suspend the rules debated
yesterday.
The vote was taken by electronic device, and there were--yeas 401,
nays 2, not voting 30, as follows:
[Roll No. 373]
YEAS--401
Abercrombie
Ackerman
Aderholt
Akin
Allen
Armey
Baca
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Bartlett
Barton
Bass
Becerra
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Boozman
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Brown (SC)
Bryant
Burr
Burton
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clayton
Clement
Clyburn
Coble
Collins
Combest
Cooksey
Costello
Cox
Coyne
Cramer
Crane
Crenshaw
Crowley
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis, Jo Ann
Davis, Tom
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dicks
Dingell
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Frank
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (FL)
Hayes
Hayworth
Hefley
Herger
Hill
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Holt
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Inslee
Isakson
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaFalce
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (OK)
Luther
Lynch
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller, Dan
Miller, George
Miller, Jeff
Mollohan
Moore
Moran (KS)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Sanders
Sandlin
Sawyer
Saxton
Schaffer
Schakowsky
Schiff
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stenholm
Strickland
Stupak
Sullivan
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Tierney
Toomey
Turner
Udall (CO)
Udall (NM)
Upton
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (FL)
NAYS--2
Flake
Paul
NOT VOTING--30
Andrews
Barr
Barrett
Berman
Bono
Buyer
Carson (IN)
Clay
Condit
Conyers
Cubin
Engel
Hastings (WA)
Lantos
Lucas (KY)
McKinney
Miller, Gary
Mink
Moran (VA)
Northup
Rohrabacher
Roukema
Sanchez
Schrock
Smith (WA)
Stump
Thomas
Towns
Velazquez
Young (AK)
{time} 1117
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________