Dam Safety and Security Act of 2002

116 STAT. 2450 PUBLIC LAW 107-310—DEC. 2, 2002
Dec. 2, 2002
[H.R. 4727] Public Law 107-310
107th Congress
An Act
To reauthorize the national dam safety program, and for other purposes.
Be it enacted by the Senate and House of Representatives of Dam Safety and the United States of America in Congress assembled, Security Act of
2002. SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY
PROGRAM ACT.
33 use 467 note. (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 PUBLIC LAW 107-310—DEC. 2, 2002 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 implementa­
tion 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 "MEMBER­
SHIP" and inserting "VOTING MEMBERSHIP";
(B) in the matter preceding subparagraph (A) by
striking "11 members" and inserting "11 voting members";
and 116 STAT. 2452 PUBLIC LAW 107-310—DEC. 2, 2002
(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.—Sec­
tion 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 consulta­
tion with the Board, may invite a representative of the National
Laboratories of the Department of Energy and may invite rep­
resentatives 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, poli­
cies, and guidelines to enhance dam safety for the protec­
tion 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, regu­
lation 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 appro­
priations 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 perform­
ance 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, PUBLIC LAW 107-310—DEC. 2, 2002 116 STAT. 2453
including per diem in lieu of subsistence, at rates author­
ized 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 33USC467h-
11, 12, and 13, respectively; and 467j.
(2) by inserting after section 9 the following:
"SEC. 10. DAM SAFETY TRAINING. 33 USC 467g-l.
"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 33USC467h.
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— 33 USC 467j.
(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 assist­
ance 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 sub­
sections (c) through (e) and inserting the following: 116 STAT. 2454 PUBLIC LAW 107-310—DEC. 2, 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 appro­
priated 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 nec­
essary 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:
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.