[107th Congress Public Law 310]
[From the U.S. Government Printing Office]
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[DOCID: f:publ310.107]
[[Page 2449]]
DAM SAFETY AND SECURITY ACT OF 2002
[[Page 116 STAT. 2450]]
Public Law 107-310
107th Congress
An Act
To reauthorize the national dam safety program, and for other
purposes. <<NOTE: Dec. 2, 2002 - [H.R. 4727]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Dam Safety and Security Act
of 2002.>> assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT.
(a) Short <<NOTE: 33 USC 467 note.>> 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
[[Page 116 STAT. 2451]]
(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
[[Page 116 STAT. 2452]]
(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 a representative of the National
Laboratories of the Department of Energy and 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 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,
[[Page 116 STAT. 2453]]
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) <<NOTE: 33 USC 467h-467j.>> 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. <<NOTE: 33 USC 467g-1.>> 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) <<NOTE: 33 USC
467h.>> 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) <<NOTE: 33 USC 467j.>> 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:
[[Page 116 STAT. 2454]]
``(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 through 10 $600,000 for each of fiscal years 2003 through
2006.''.
Approved December 2, 2002.
LEGISLATIVE HISTORY--H.R. 4727:
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HOUSE REPORTS: No. 107-626 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 5, considered and passed House.
Nov. 14, considered and passed Senate.
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