[House Report 107-626]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-626

======================================================================



 
                  DAM SAFETY AND SECURITY ACT OF 2002

                                _______
                                

 September 4, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 4727]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4727) to reauthorize the national 
dam safety program, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT.

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

SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY.

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

SEC. 3. NATIONAL DAM SAFETY PROGRAM.

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

SEC. 4. RESEARCH.

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

SEC. 5. DAM SAFETY TRAINING.

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

``SEC. 10. DAM SAFETY TRAINING.

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

SEC. 6. REPORTS.

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

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

                       Purpose of the Legislation

    The purpose of this legislation is to reauthorize and 
update the National Dam Safety Program Act (33 U.S.C. 467 et 
seq). The legislation reauthorizes the program for an 
additional four years, authorizes additional funding for the 
continuation of existing programs as well as funding for new 
and expanded programs, clarifies the makeup of the Interagency 
Board, authorizes additional research, and authorizes the 
provision of training to state and local officials.

                Background and Need for the Legislation

    The National Dam Safety Program Act has as its mission to 
``* * * reduce the risks to life and property from dam failure 
in the United States through the establishment and maintenance 
of an effective national dam safety program to bring together 
the expertise and resources of the federal and non-federal 
communities in achieving national dam safety hazard 
reduction.''
    Since its creation, the National Dam Safety Program has 
helped to mitigate the risk of dam failure by providing 
technical and financial assistance to State dam safety 
officials. There are more than 80,000 dams in the United 
States, of these, approximately 10,000 dams are considered to 
have ``high-hazard'' potential, meaning their failure could 
result in loss of life or severe property damage.
    Private individuals, corporations, and State and local 
governments own more than 95 percent of the dams in America, 
making State dam safety officials our first line of defense in 
preventing dam failures and mitigating the effects through the 
development of Emergency Action Plans. A primary function of 
the National Dam Safety Program is to increase the level of 
knowledge and preparedness to prevent and mitigate the effects 
of dam failures.
    The National Dam Safety Program has six main objectives:
          1. to ensure that new and existing dams are safe 
        through the development of technologically and 
        economically feasible programs and procedures for 
        national dam safety hazard reduction;
          2. to encourage acceptable engineering policies and 
        procedures to be used for dam site investigation, 
        design, construction, operation and maintenance, and 
        emergency preparedness;
          3. to encourage the establishment and implementation 
        of effective dam safety programs in each state based on 
        state standards;
          4. to develop and encourage public awareness projects 
        to increase public acceptance and support of state dam 
        safety programs;
          5. to develop technical assistance materials for 
        federal and non-federal dam safety programs; and
          6. to develop mechanisms with which to provide 
        federal technical assistance for dam safety to the non-
        federal sector.
    Passed and signed into law in 1996, Section 215 of Public 
Law 104-303 (the Water Resources Development Act of 1996), the 
National Dam Safety Program was authorized for six years, and 
expires at the end of 2002. This legislation will reauthorize 
the program for an additional four years and increase the total 
authorized funding level to $8.6 million for each of the Fiscal 
Years 2003 through 2006, such funds to remain available until 
expended.

                       Summary of the Legislation


  SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT

    This section identifies H.R. 4727 as the Dam Safety and 
Security Act of 2002. This section also clarifies that this 
bill amends the National Dam Safety Program Act of 1996 (33 
U.S.C. 467 et seq).

             SECTION 2. INTERAGENCY COMMITTEE ON DAM SAFETY

    Amends Section 7(b) to remove the requirement to develop 
Federal and State programs and replaces it with a requirement 
to develop only Federal programs. This section is also amended 
to require that the Interagency Committee limit its efforts to 
implementation of the Federal Guidelines for Dam Safety.

                 SECTION 3. NATIONAL DAM SAFETY PROGRAM

    Deletes the requirements of an implementation plan and 
instead now requires the development of a strategic plan for 
the implementation of the Federal guidelines.
    Requires the development of a strategic plan that will ``* 
* * establish goals, priorities, and target dates to improve 
the safety of dams in the United States; and to the extent 
feasible, establish cooperation and coordination with, and 
assistance to, interested governmental entities in all 
States.''
    Adds a new objective to ``develop technical assistance 
materials, seminars, and guidelines to improve security for 
dams in the United States.''
    Makes changes to the functional activities in existing law, 
which will give greater authority to the Director of FEMA to 
ensure the full cooperation of all officials responsible for 
dam safety.
    Makes a number of changes that have the effect of providing 
for greater flexibility in the provision of aid to establish, 
continue, and improve upon state dam safety programs. The 
Director is required to provide assistance to States in 
establishing, maintaining, and improving dam safety programs in 
accordance with specified criteria; references to language that 
differentiates between primary and advanced assistance are 
stricken; states are given the authority to require a dam owner 
to improve the security of their dam; and references to 
``contract'' in this section are removed and replaced with the 
word ``agreement.'' In addition to making it easier to provide 
assistance to states, these changes update the language of the 
bill to reflect current practices.
    Several changes are made in this section to require the 
establishment of an advisory board and clearly define their 
role in advising the Director on dam safety issues.
    Clarifies which members of the board are entitled to a vote 
and which are on the board in a non-voting role. Further, this 
paragraph makes clear that the board must be comprised 
partially of state dam safety officials as well as one member 
representing the private sector.
    Addresses the nonvoting membership, work groups, and their 
duties to allow for the inclusion of representatives from 
Federal or State agencies or dam safety experts, at the 
Director's discretion, to participate in meetings of the Board. 
In general, the Board must 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. The Board must further 
encourage coordination and information exchange among Federal 
and State dam safety agencies that share common problems and 
responsibilities for dam safety. This section also grants the 
authority to the Director to establish work groups, comprised 
of members of the Board and private individuals, to assist the 
Board. In addition to the duties of the Board that have been 
expressly included, it is understood that the Board, or its 
work groups, may from time to time make recommendations to the 
Director of FEMA on a variety of other issues affecting dam 
safety. It is the expectation of the Committee that the 
Director will give appropriate weightand consideration to these 
recommendations based on the expertise and experience of the people 
making them.
    Clarifies that employees of federal agencies are to be 
reimbursed by their agency while conducting business of the 
Board and that non-Federal employees are to be reimbursed by 
FEMA. This will ensure that lack of money will not hinder the 
work of the board and that service on the board is not a 
financial drain on any individual.

                          SECTION 4. RESEARCH

    Deletes references in existing law to ``ICODS'' 
(Interagency Commission On Dam Safety) and inserts references 
to the Board. Additionally, this section adds new research 
responsibilities of the Director in the areas of development 
and maintenance of information resources systems needed to 
support managing the safety of dams and for initiatives to 
guide the formulation of effective public policy and advance 
improvements in dam safety engineering, security, and 
management. This continued research will ensure that the Board 
is able to provide the most up to date products and information 
for the carrying out of dam safety programs.

                     SECTION 5. DAM SAFETY TRAINING

    Amends 33 U.S.C. 467 et seq. to add that, ``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.''

                           SECTION 6. REPORTS

    Makes a technical correction to the bill to reflect the 
passage of the 1996 deadline for a report on the availability 
of dam insurance.

               SECTION 7. AUTHORIZATION OF APPROPRIATIONS

    Authorizes $6,000,000 for each of fiscal years 2003 through 
2006, to remain available until expended. Increasing the total 
authorized level for the program will allow FEMA to expand its 
activities in this area and to fully carry out its duties under 
this Act.
    Deletes the requirement that the Director of FEMA determine 
which states need primary assistance and which States need 
advanced assistance. This is a technical change to make Section 
13 conform to changes made under Section 3 of this Act.
    Increases the authorization for research from $1,000,000 to 
$1,500,000 for each of fiscal years 2003 through 2006; retains 
the authorized levels for dam safety training at $500,000 for 
each of fiscal years 2003 through 2006; and increases the 
authorized levels for staff from $400,000 to $600,000 for each 
of fiscal years 2003 through 2006. Amounts for research are 
increased over previously authorized levels to reflect the 
expanded scope of research that the program must now provide 
for and amounts for staff are increased over previously 
authorized levels to reflect increased personnel costs since 
the program was established.
    This bill increases the total authorization level for this 
program to $8.6 million for each of fiscal years 2003 through 
2006, such funds to remain available until expended.

            Legislative History and Committee Consideration

    On May 14, 2002, Mr. Shuster of Pennsylvania introduced 
H.R. 4727, the Dam Safety and Security Act of 2002. On July 22, 
2002, the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management met in open session, and 
with a quorum present, adopted an amendment offered by Mr. 
LaTourette. On a motion by Mr. Costello, the Subcommittee 
ordered H.R. 4727 reported to the Full Committee as amended.
    On July 24, 2002, the Full Committee met in open session 
and on a motion by Mr. LaTourette, the Full Committee ordered 
H.R. 4727, as amended by the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management, 
reported to the House unanimously by voice vote, with a quorum 
present.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes taken in connection with ordering H.R. 
4727, as amended by the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management, favorably reported.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
establish goals, priorities, and target dates to improve the 
safety of dams in the United States; and to the extent 
feasible, establish cooperation and coordination with, and 
assistance to, interested governmental entities in all States.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4727 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 30, 2002.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4727, the Dam 
Safety and Security Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4727--Dam Safety and Security Act of 2002

    Summary: H.R. 4727 would make certain changes to the 
national dam safety program. Those changes include adding a 
member to the National Dam Safety Review Board to represent the 
private sector, requiring the director of the Federal Emergency 
Management Agency (FEMA) to provide training to states that 
have or intend to develop a dam safety program, and requiring 
the director to create a strategic plan with goals and target 
dates for improving dam safety. To cover the costs of the 
national dam safety program, the bill would authorize the 
appropriation of $8.6 million for each year over the 2003-2006 
period.
    Assuming appropriation of the amounts specified in the 
bill, CBO estimates that implementing H.R. 4727 would cost 
about $34 million over the 2003-2007 period. H.R. 4727 would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply.
    H.R. 4727 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4727 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). For this estimate, CBO 
assumes that H.R. 4727 will be enacted near the beginning of 
fiscal year 2003 and that the amounts specified in the bill 
will be appropriated for each year. Estimates of outlays are 
based on information from FEMA and historical spending patterns 
for the national dam safety program.

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................        9        9        9        9        0
Estimated Outlays..................................................        7        9        9        9        2
----------------------------------------------------------------------------------------------------------------

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4727 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Rachel Milberg; Impact 
on State, Local, and Tribal Governments: Leo Lex; and Impact on 
the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 4727 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL DAM SAFETY PROGRAM ACT

           *       *       *       *       *       *       *



SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Board.--The term ``Board'' means a National Dam 
        Safety Review Board established under [section 8(h)] 
        section 8(f).

           *       *       *       *       *       *       *

          (12) State dam safety program.--The term ``State dam 
        safety program'' means a State dam safety program 
        approved and assisted under [section 8(f)] section 
        8(e).

           *       *       *       *       *       *       *


SEC. 7. INTERAGENCY COMMITTEE ON DAM SAFETY.

  (a) * * *
  (b) Duties.--ICODS shall encourage the establishment and 
maintenance of effective Federal [and State] programs, 
policies, and guidelines intended to enhance dam safety for the 
protection of human life and property [through--
          [(1) coordination and information exchange among 
        Federal agencies and State dam safety agencies; and
          [(2) coordination and information exchange among 
        Federal agencies concerning implementation of the 
        Federal Guidelines for Dam Safety.] through 
        coordination and information exchange among Federal 
        agencies concerning implementation of the Federal 
        Guidelines for Dam Safety.

SEC. 8. NATIONAL DAM SAFETY PROGRAM.

  (a) In General.--The Director, in consultation with ICODS and 
State dam safety agencies, and the Board shall establish and 
maintain, in accordance with this section, a coordinated 
national dam safety program. The Program shall--
          (1) * * *

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          (3) include--
                  (A) * * *
                  (B) the [implementation plan described in 
                subsection (e)] strategic plan described in 
                subsection (b); and
                  (C) assistance for State dam safety programs 
                described in [subsection (f)] subsection (e).
  [(b) Duties.--The Director shall--
          [(1) not later than 270 days after the date of the 
        enactment of this paragraph, develop the implementation 
        plan described in subsection (e);
          [(2) not later than 300 days after the date of the 
        enactment of this paragraph, submit to the appropriate 
        authorizing committees of Congress the implementation 
        plan described in subsection (e); and
          [(3) by regulation, not later than 360 days after the 
        date of the enactment of this paragraph--
                  [(A) develop and implement the Program;
                  [(B) establish goals, priorities, and target 
                dates for implementation of the Program; and
                  [(C) to the extent feasible, provide a method 
                for cooperation and coordination with, and 
                assistance to, interested governmental entities 
                in all States.]
  (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.--The objectives of the Program are to--
          (1) * * *

           *       *       *       *       *       *       *

          (5) develop technical assistance materials for 
        Federal and non-Federal dam safety programs; [and]
          (6) develop mechanisms with which to provide Federal 
        technical assistance for dam safety to the non-Federal 
        sector[.]; and
          (7) develop technical assistance materials, seminars, 
        and guidelines to improve security for dams in the 
        United States.
  (d) Components.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Functional activities.--
                  (A) Leadership.--The leadership activity 
                shall be the responsibility of FEMA [and shall 
                be exercised by chairing ICODS to coordinate 
                Federal efforts in cooperation with State dam 
                safety officials.] and shall be exercised by 
                chairing the Board to coordinate national 
                efforts to improve the safety of the dams in 
                the United States.

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  [(e) Implementation Plan.--The Director shall--
          [(1) develop an implementation plan for the Program 
        that shall set, through fiscal year 2002, year-by-year 
        targets that demonstrate improvements in dam safety; 
        and
          [(2) recommend appropriate roles for Federal agencies 
        and for State and local units of government, 
        individuals, and private organizations in carrying out 
        the implementation plan.]
  [(f)] (e) Assistance for State Dam Safety Programs.--
          (1) In general.--To encourage the establishment and 
        maintenance of effective State programs intended to 
        ensure dam safety, to protect human life and property, 
        and to improve State dam safety programs, [the Director 
        shall provide assistance with amounts made available 
        under section 12 to assist States in establishing and 
        maintaining dam safety programs--
                  [(A) in accordance with the criteria 
                specified in paragraph (2); and
                  [(B) in accordance with more advanced 
                requirements and standards established by the 
                Board and the Director with the assistance of 
                established criteria such as the Model State 
                Dam Safety Program published by FEMA, numbered 
                123 and dated April 1987, and amendments to the 
                Model State Dam Safety Program.] 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) Criteria and budgeting requirement.--For a State 
        to be eligible for [primary] assistance under this 
        subsection, a State dam safety program must be working 
        toward meeting the following criteria and budgeting 
        requirement[, and for a State to be eligible for 
        advanced assistance under this subsection, a State dam 
        safety program must meet the following criteria and 
        budgeting requirement and be working toward meeting the 
        advanced requirements and standards established under 
        paragraph (1)(B)]:
                  (A) Criteria.--[For a State to be eligible 
                for assistance under this subsection, a State] 
                A State dam safety program must be authorized 
                by State legislation to include substantially, 
                at a minimum--
                          (i) * * *

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                          (vi) the authority to issue notices, 
                        when appropriate, to require owners of 
                        dams to perform necessary maintenance 
                        or remedial work, improve security, 
                        revise operating procedures, or take 
                        other actions, including breaching dams 
                        when necessary;

           *       *       *       *       *       *       *

          (3) Work plans.--The Director shall enter into a 
        [contract] agreement with each State receiving 
        assistance under paragraph (2) to develop a work plan 
        necessary for the State dam safety program to reach a 
        level of program performance specified in the 
        [contract] agreement.

           *       *       *       *       *       *       *

  [(g) 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.]
  [(h)] (f) Board.--
          (1) Establishment.--[The Director may establish] The 
        Director shall establish an advisory board to be known 
        as the ``National Dam Safety Review Board'' [to monitor 
        State implementation of this section.] 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.

           *       *       *       *       *       *       *

          (3) [Membership] Voting membership.--The Board shall 
        consist of 11 voting members selected by the Director 
        for expertise in dam safety, of whom--
                  (A) * * *

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                  [(F) 5 members shall be selected by the 
                Director from among dam safety officials of 
                States; and
                  [(G) 1 member shall be selected by the 
                Director to represent the United States 
                Committee on Large Dams.]
                  (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.
          (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)] (7) Compensation of members.--
                  (A) * * *

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          [(5) Travel expenses.--Each member of the Board shall 
        be allowed travel expenses, 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.]
          (8) Travel expenses.--
                  (A) Representatives of federal agencies.--To 
                the extent amounts are madeavailable in advance 
in appropriations Acts, each member of the Board who represents a 
Federal agency shall be reimbursed of appropriations for travel 
expenses by his or her agency, including per diem in lieu of 
subsistence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from the home or regular place of business of the member in the 
performance of services for the Board.
                  (B) Other individuals.--To the extent amounts 
                are made available in advance in appropriations 
                Acts, each member of the Board who represents a 
                State agency, the member of the Board who 
                represents the private sector, and each member 
                of a work group created under paragraph (1) 
                shall be reimbursed for travel expenses by 
                FEMA, including per diem in lieu of 
                subsistence, at rates authorized for an 
                employee of an agency under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from home or regular place of 
                business of the member in performance of 
                services for the Board.
          [(6)] (9) Applicability of federal advisory committee 
        act.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Board.

SEC. 9. RESEARCH.

  (a) In General.--The Director, in cooperation with [ICODS] 
the Board, shall carry out a program of technical and archival 
research to develop and support--
          (1) improved techniques, historical experience, and 
        equipment for rapid and effective dam construction, 
        rehabilitation, and inspection; [and]
          (2) devices for the continued monitoring of the 
        safety of dams[.];
          (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. 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. [10] 11. REPORTS.

  [(a) Report on Dam Insurance.--Not later than 180 days after 
the date of the enactment of this subsection, the Director 
shall report to Congress on the availability of dam insurance 
and make recommendations concerning encouraging greater 
availability.
  (b) Biennial Reports.--]Not later than 90 days after the end 
of each odd-numbered fiscal year, the Director shall submit a 
report to Congress that--
          (1) * * *

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SEC. [11] 12. STATUTORY CONSTRUCTION.

  Nothing in this Act and no action or failure to act under 
this Act shall--
          (1) * * *

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SEC. [12] 13. AUTHORIZATION OF APPROPRIATIONS.

  (a) National Dam Safety Program.--
          (1) Annual amounts.--There are authorized to be 
        appropriated to FEMA to carry out sections 7, 8, [and 
        10] and 11 (in addition to any amounts made available 
        for similar purposes included in any other Act and 
        amounts made available under subsections (b) through 
        (e)), [$1,000,000 for fiscal year 1998, $2,000,000 for 
        fiscal year 1999, $4,000,000 for fiscal year 2000, 
        $4,000,000 for fiscal year 2001, and $4,000,000 for 
        fiscal year 2002.] $6,000,000 for each of fiscal years 
        2003 through 2006, to remain available until expended.
          (2) Allocation.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), for each fiscal year, amounts made 
                available under this subsection to carry out 
                section 8 shall be allocated among the States 
                as follows:
                          (i) One-third among States that 
                        qualify for assistance under section 
                        [8(f)] 8(e).
                          (ii) Two-thirds among States that 
                        qualify for assistance under section 
                        [8(f)] 8(e), to each such State in 
                        proportion to--
                                  (I) * * *

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                  (C) Determination.--The Director and the 
                Board shall determine the amount allocated to 
                States [needing primary assistance and States 
                needing advanced assistance under section 
                8(f)].

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  [(c) Dam Safety Training.--There is authorized to be 
appropriated to carry out section 8(g) $500,000 for each of 
fiscal years 1998 through 2002.
  [(d) Research.--There is authorized to be appropriated to 
carry out section 9 $1,000,000 for each of fiscal years 1998 
through 2002.
  [(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 6 through 9 $400,000 for each 
of fiscal years 1998 through 2002.]
  (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 fiscal 
years 2003 through 2006.
  (e) Staff.--There is authorized to be appropriated to FEMA 
for the employment of such additional staff personnel as are 
necessary to carry out sections 8 through 10 $600,000 for each 
of fiscal years 2003 through 2006.

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