PRIA, Government Policy, Made Personal

Summary

Creates a Committee on Levee Safety with 16 members. Two are nonvoting: the Secretary (or their designee) and the Administrator (or their designee). The other 14 vote and are picked by the Secretary: eight state levee agency representatives (one from each of the Corps’ eight civil works divisions), two private-sector levee experts, two local or regional government levee experts, and two tribal levee experts. Voting members serve 3-year terms, but the first group is staggered so 5 serve 1 year, 5 serve 2 years, and 4 serve 3 years. Members can be reappointed and vacancies are filled the same way. The voting members pick a chair from among themselves for up to 2 years. The committee can create volunteer standing committees to advise on levee safety and must recommend their members to the Secretary. It must send an annual report to the Secretary and Congress about how well the levee safety initiative is working, may get services or contracts from other federal agencies, and must coordinate with the Federal Interagency Floodplain Management Task Force as much as possible. Federal members get no extra pay but do receive travel per diem at federal rates; nonfederal members may get a stipend and per diem if funds are provided; standing committee members serve voluntarily. A federal merit-system rule (chapter 10 of title 5) does not apply to the committee.

Title 33, §3302

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Establishment

There is established a committee to be known as the “Committee on Levee Safety”.

(b)Membership

The committee shall be composed of 16 members as follows:

(1)Nonvoting members.—

The following 2 nonvoting members:

(A)The Secretary (or a designee of the Secretary).

(B)The Administrator (or a designee of the Administrator).

(2)The following 14 voting members appointed by the Secretary:

(A)Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers.

(B)Two representatives of the private sector who have expertise in levee safety.

(C)Two representatives of local and regional governmental agencies who have expertise in levee safety.

(D)Two representatives of Indian tribes who have expertise in levee safety.

(c)Administration

(1)Terms of voting members

(A)In general

A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed—

(i)5 shall be appointed for a term of 1 year;

(ii)5 shall be appointed for a term of 2 years; and

(iii)4 shall be appointed for a term of 3 years.

(B)Reappointment

A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate.

(C)Vacancies

A vacancy on the committee shall be filled in the same manner as the original appointment was made.

(2)Chairperson

(A)In general

The voting members of the committee shall appoint a chairperson from among the voting members of the committee.

(B)Term

The chairperson shall serve a term of not more than 2 years.

(d)Standing committees

(1)In general

The committee may establish standing committees comprised of volunteers from all levels of government and the private sector, to advise the committee regarding specific levee safety issues, including participating programs, technical issues, public education and awareness, and safety and the environment.

(2)Membership

The committee shall recommend to the Secretary for approval individuals for membership on the standing committees.

(e)Duties and powers

The committee—

(1)shall submit to the Secretary and Congress an annual report regarding the effectiveness of the levee safety initiative in accordance with section 3303b of this title; and

(2)may secure from other Federal agencies such services, and enter into such contracts, as the committee determines to be necessary to carry out this subsection.

(f)Task force coordination

The committee shall, to the maximum extent practicable, coordinate the activities of the committee with the Federal Interagency Floodplain Management Task Force.

(g)Compensation

(1)Federal employees

Each member of the committee who is an officer or employee of the United States—

(A)shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States; but

(B)shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the committee.

(2)Non-Federal employees

To the extent amounts are made available to carry out this section in appropriations Acts, the Secretary shall provide to each member of the committee who is not an officer or employee of the United States a stipend and a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in performance of services for the committee.

(3)Standing committee members

Each member of a standing committee shall serve in a voluntary capacity.

(h)Applicability of chapter 10 of title 5

Chapter 10 of title 5 shall not apply to the committee.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 2014—Subsec. (b). Pub. L. 113–121, § 3016(c)(1), added par. (1), redesignated par. (3) as (2), inserted “voting” after “14” in introductory provisions of par. (2), and struck out former pars. (1) and (2) which read as follows: “(1) The Secretary (or the Secretary’s designee), who shall serve as the chairperson of the Committee. “(2) The Administrator of the Federal Emergency Management Agency (or the Administrator’s designee).” Subsecs. (c) to (h). Pub. L. 113–121, § 3016(c)(2), (3), added subsecs. (c) to (g), redesignated former subsec. (g) as (h), and struck out former subsecs. (c) to (f) which related to duties, purposes, compensation of members, and travel expenses, respectively. 2008—Subsec. (f). Pub. L. 110–274 substituted “Subject to the availability of appropriations,” for “To the extent amounts are made available in advance in appropriations Acts,”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.

§3302 Committee on Levee Safety