[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[House]
[Pages 16124-16130]
[From the U.S. 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 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. 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

[[Page 16125]]

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 
     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

[[Page 16126]]

     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 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;

[[Page 16127]]

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:
       ``(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

[[Page 16128]]

     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

[[Page 16129]]

       (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 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

[[Page 16130]]


     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.

                          ____________________