[Congressional Record Volume 152, Number 132 (Tuesday, December 5, 2006)]
[Senate]
[Pages S11196-S11197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Allard, Ms. Cantwell, and Mrs. 
        Feinstein):
  S. 4079. A bill to amend the Reclamation Safety of Dams Act of 1978 
to authorize improvements for the security of dams and other 
facilities, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. HATCH. Mr. President, I rise today to introduce the Water and 
Power Infrastructure Security bill, S. 4079. This legislation will 
amend the Reclamation Safety of Dams Act of 1978 to authorize 
improvement for the security of dams and other facilities.
  On September 11, 2001, America's view of national security changed. 
The threat of terrorist attacks on our own soil became a reality for 
each and every one of us. This possibility forced Americans to rethink 
security in many different sectors including the need to secure 
infrastructure such as our Nation's dams.
  As a result of the 9/11 attacks, the Bureau of Reclamation set up 
site security programs, implemented more complex surveillance systems, 
erected protection barriers, and devoted substantial funding in the 
process.
  Initially, the Bureau covered these added security costs, recognizing 
that water and power infrastructure benefits the public generally. This 
was a pattern established after the Pearl Harbor attacks when the 
Federal Government covered the added security costs at these public 
facilities.
  Indeed, all Americans benefit from stable power sources and improved 
flood control. Other universal benefits of public dams include 
recreation, water supply, and fish and wildlife.
  However, in recent years the Bureau has begun to shift these costs 
onto the energy rate payers probably due to pressure from Office of 
Management and Budget. Thus, hard working American families, many of 
whom are family farmers with limited incomes, are forced to shoulder 
this large financial burden. Shifting the burden of national security 
to family farmers is patently unfair.
  Our bill amends the Reclamation Safety of Dams Act to require to 
clarify that consumers of public power must contribute to site security 
at Federal dams. However, the bill would limit their contribution to 15 
percent of total security costs. This provides a more equitable 
division of dam security costs between local and national 
beneficiaries. The bill also would require the Secretary of the 
Interior to involve project beneficiaries in the planning and building 
of site security. Finally, the bill requires the Bureau to provide 
Congress a five-year plan on dam security and an annual report of its 
expenditures.
  There is no question we need to protect our critical infrastructure. 
It seems logical that the costs of these national and multi-purpose 
facilities should not be imposed on a concentrated group of energy 
consumers. However, customers who depend on the Bureau of Reclamation 
facilities are willing to pay their fair allotment of the security 
reflected in this legislation.
  I believe this bill strikes a good balance between reasonable costs 
and a legitimate amount of transparency. Ultimately, its about working 
together as Americans to protect our critical infrastructure and 
provide a fair cost distribution system. I urge my colleagues to 
support this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4079

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADDITIONAL AUTHORIZATION FOR IMPROVEMENTS TO SITE 
                   SECURITY.

       The Reclamation Safety of Dams Act of 1978 is amended--
       (1) in section 2 (43 U.S.C. 506), by inserting ``and site 
     security'' after ``structural safety'';
       (2) in section 3 (43 U.S.C. 507), by inserting ``and site 
     security'' after ``dam safety''; and
       (3) in section 4 (43 U.S.C. 508)--
       (A) in subsection (c)--
       (i) in the matter preceding paragraph (1), by inserting 
     after ``safety purposes'' the following: ``and all costs 
     incurred for building

[[Page S11197]]

     and site security activities (including facility 
     fortifications, operation, maintenance and replacement of the 
     fortifications, and guards and patrols, as identified in the 
     Bureau of Reclamation's Report to Congress dated February 
     2006)'';
       (ii) by inserting after paragraph (2) the following:
       ``(3) In the case of the Central Valley Project of 
     California--
       ``(A) the Secretary shall collect dam safety and site 
     security costs allocated to irrigation and municipal and 
     industrial water service exclusively through inclusion of the 
     costs in the operation and maintenance rates, capital water 
     rates, or a combination of operation and maintenance rates 
     and capital water rates; and
       ``(B) dam safety and site security costs allocated to 
     irrigation and municipal and industrial water service shall 
     not be segregated from other project operation, maintenance, 
     or capital costs for separate allocation or repayment.''; and
       (iii) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) in subsection (e)--
       (i) in paragraph (1), by inserting ``or site security 
     measure'' after ``modification''; and
       (ii) in paragraph (2), by inserting ``or site security 
     measure'' after ``modification''.

     SEC. 2. REPORTS.

       The Reclamation Safety of Dams Act of 1978 is amended--
       (1) in section 5 (43 U.S.C. 509)--
       (A) in the first sentence--
       (i) by striking ``There are hereby'' and inserting the 
     following:
       ``(a) In General.--There are''; and
       (ii) by striking ``Act:'' and inserting ``Act.'';
       (B) in the proviso--
       (i) by striking ``Provided, That no funds'' and inserting 
     the following:
       ``(b) Limitation.--
       ``(1) In general.--No funds''; and
       (ii) by inserting after ``under authority of this Act'' the 
     following: ``, the cause of which results from new hydrologic 
     or seismic data or changes in the state-of-the-art criteria 
     determined to be necessary for site security or structural 
     safety purposes,''; and
       (iii) by striking ``The report required to be submitted by 
     this section'' and inserting the following:
       ``(2) Report.--The report required under paragraph (1)''; 
     and
       (C) by adding at the end the following:
       ``(c) Annual Report.--
       ``(1) In general.--The Secretary shall submit to the 
     Committee on Resources of the House of Representatives and 
     the Committee Energy and Natural Resources of the Senate an 
     annual report on building and site security measures carried 
     out under this Act during the applicable fiscal year.
       ``(2) Components.--The report required under paragraph (1) 
     shall include--
       ``(A) a summary of Federal and non-Federal expenditures for 
     the fiscal year; and
       ``(B) information relating to a 5-year plan for building 
     and site security measures carried out under this Act, which 
     shall provide pre- and post-September 11, 2001, costs for the 
     building and site security measures.''; and
       (2) in section 5A (43 U.S.C. 509a)--
       (A) in subsection (c)--
       (i) in paragraph (1), by striking ``under section 5'' and 
     inserting ``under section 5(b)''; and
       (ii) in paragraph (3)--

       (I) by striking ``The response'' and inserting ``If a 
     modification is the result of new hydrologic or seismic data 
     or changes in the state-of-the-art criteria determined to be 
     necessary for structural safety purposes, the response''; and
       (II) by striking ``by section 5'' and inserting ``under 
     section 5(b)'';

       (B) in subsection (d), by inserting ``site'' before 
     ``security''; and
       (C) by inserting ``or site security measure'' after 
     ``modification'' each place it appears.
                                 ______