[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4727 Enrolled Bill (ENR)]
H.R.4727
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the national dam safety program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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.).

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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.''.

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(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 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 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.''.

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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.''.

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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.''.

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

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(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 through 10 $600,000 for each of fiscal years 2003
through 2006.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Dam Safety and Security Act of 2002 — HR. 4727

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