II
Calendar No. 617
107TH CONGRESS
2D SESSION
H. R. 4727
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 5, 2002
Received; read twice and referred to the Committee on Environment and
Public Works
SEPTEMBER 26, 2002
Reported by Mr. JEFFORDS, without amendment
AN ACT
To reauthorize the national dam safety program, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 PRO-
GRAM ACT.—Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed
HR 4727 RS
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 ‘‘implemen-
tation plan described in subsection (e)’’ and insert-
ing ‘‘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—
HR 4727 RS
‘‘(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 coopera-
tion and coordination with, and assistance to, inter-
ested 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 TRAIN-
ING.—
HR 4727 RS
(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 PRO-
GRAMS.—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 Di-
rector shall provide assistance with amounts made
available under section 13 to assist States in estab-
lishing, maintaining, and improving dam safety pro-
grams 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
HR 4727 RS
(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 ‘‘im-
prove 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 re-
designated by subsection (e) of this section) is
amended—
(A) by striking ‘‘The Director may estab-
lish’’ and inserting ‘‘The Director shall estab-
lish’’; and
(B) by striking ‘‘to monitor’’ and all that
follows through the period at the end and in-
serting ‘‘to monitor the safety of dams in the
United States, to monitor State implementation
HR 4727 RS
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 MEM-
BERSHIP’’;
(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 Di-
rector to represent the private sector.’’.
(3) NONVOTING MEMBERSHIP; DUTIES; WORK
GROUPS.—Section 8(f) (as redesignated by sub-
section (e) of this section) is amended—
(A) by redesignating paragraphs (4), (5),
and (6) as paragraphs (7), (8), and (9), respec-
tively; and
HR 4727 RS
(B) by inserting after paragraph (3) the
following:
‘‘(4) NONVOTING MEMBERSHIP.—The Director,
in consultation with the Board, may invite a rep-
resentative of the National Laboratories of the De-
partment of Energy and may invite representatives
from Federal or State agencies or dam safety ex-
perts, as needed, to participate in meetings of the
Board.
‘‘(5) DUTIES.—
‘‘(A) IN GENERAL.—The Board shall en-
courage 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, con-
struction, operation, emergency action planning,
inspections, maintenance, regulation or licens-
HR 4727 RS
ing, technical or financial assistance, research,
and data management.
‘‘(6) WORK GROUPS.—The Director may estab-
lish 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 in-
dividuals selected by the Director.’’.
(4) TRAVEL EXPENSES.—Section 8(f) (as re-
designated by subsection (e) of this section) is
amended by striking paragraph (8) (as redesignated
by paragraph (3)(A) of this subsection) and insert-
ing 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 appro-
priations for travel expenses by his or her agen-
cy, 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.
HR 4727 RS
‘‘(B) OTHER INDIVIDUALS.—To the extent
amounts are made available in advance in ap-
propriations 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 ‘‘de-
velop’’;
(2) in paragraph (1) by striking ‘‘and’’ at the
end;
HR 4727 RS
(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 informa-
tion resources systems needed to support managing
the safety of dams; and
‘‘(4) initiatives to guide the formulation of ef-
fective public policy and advance improvements in
dam safety engineering, security, and manage-
ment.’’.
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 inspec-
tors.’’.
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.—’’.
HR 4727 RS
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) ANNUAL AMOUNTS.—Section 13(a)(1) (as redes-
ignated by section 5 of this Act) is amended—
(1) by striking ‘‘sections 7, 8, and 10’’ and in-
serting ‘‘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 as-
sistance 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 in-
serting the following:
‘‘(c) RESEARCH.—There is authorized to be appro-
priated to carry out section 9 $1,500,000 for each of fiscal
years 2003 through 2006, to remain until expended.
HR 4727 RS
‘‘(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 per-
sonnel as are necessary to carry out sections 8 through
10 $600,000 for each of fiscal years 2003 through 2006.’’.
Passed the House of Representatives September 5,
2002.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.
Calendar No. 617
107TH CONGRESS
2D SESSION
H. R. 4727
AN ACT
To reauthorize the national dam safety program,
and for other purposes.
SEPTEMBER 26, 2002
Reported without amendment