Pub.L. 107-311 To amend title 10, United States Code, to provide for the enforcement and effectiveness of civilian orders of protection on military installations. <> ...

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[[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:
---------------------------------------------------------------------------

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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