§ 2344. Safety assurance review

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2007

   Water Resources Development Act of 2007

   Pub. L. 110–114 title II § 2035 · 121 Stat. 1041

   Enacted · 33 U.S.C. § 2344

   Pub. L. 110–114, title II, § 2035, Nov. 8, 2007, 121 Stat. 1091

   Source evidence

   Code source credit
   Pub. L. 110–114, title II, § 2035, Nov. 8, 2007, 121 Stat. 1091

   Enacted provision · exact public law section
   SEC. 2035. SAFETY ASSURANCE REVIEW. (a) Projects Subject to Safety Assurance Review.— The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare. (b) Factors.— In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether— (1) the failure of the project would pose a significant threat to human life; (2) the project involves the use of innovative materials or techniques; (3) the project design lacks redundancy; or (4) the project has a unique construction sequencing or a reduced or overlapping design construction schedule. (c) Safety Assurance Review.— (1) Initiation of review.— At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under this section, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project. (2) Selection of reviewers.— A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other appropriate disciplines. Applicability. The Chief of Engineers shall apply the National Academy of Science’s policy for selecting reviewers to ensure that reviewers have no conflict of interest with the project being reviewed. (3) Compensation.— An individual serving as an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary and shall be allowed travel expenses. (d) Scope of Safety Assurance Reviews.— A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a regular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in design and construction activities. (e) Safety Assurance Review Record.— The Public information. Internet. written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet. (f) Applicability.— This Effective date. Termination date. section shall apply to any project in design or under construction on the date of enactment of this Act and to any project with respect to which design or construction is initiated during the period beginning on the date of enactment of this Act and ending 7 years after such date of enactment.

2. 2014

   Water Resources Reform and Development Act of 2014

   Pub. L. 113–121 title III § 3028 · 128 Stat. 1193

   Added · 33 U.S.C. § 2344(g)

   Pub. L. 113–121 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 113–121 added subsec. (g).

   Enacted provision · exact public law section
   SEC. 3028. SAFETY ASSURANCE REVIEW.   Section 2035 of the Water Resources Development Act of 2007 (33 U.S.C. 2344) is amended by adding at the end the following: “(g) Nonapplicability of FACA.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a safety assurance review conducted under this section.” .

3. 2022

   Pub. L. 117–286 § 4(a)(204) · 136 Stat. 4196

   1. Substituted · 33 U.S.C. § 2344(g)

      Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in text

   2. Substituted · 33 U.S.C. § 2344(g)

      Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

   Enacted provision · exact public law section
   (204) Section 2035(g) of the Water Resources Development Act of 2007 (33 U.S.C. 2344(g)) is amended— (A) in the subsection heading, by striking “FACA” and inserting “Chapter 10 of Title 5, United States Code”; and (B) in text, by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.

4 of 4 references resolved to an enrolled provision