Title 33 — Navigation and Navigable Waters
Chapter 46 — National Levee Safety Program
§ 3302. Committee on Levee Safety
Statutory text
Establishment
There is established a committee to be known as the “Committee on Levee Safety”.
Membership
The committee shall be composed of 16 members as follows:
Nonvoting members.—
The following 2 nonvoting members:
The Secretary (or a designee of the Secretary).
The Administrator (or a designee of the Administrator).
The following 14 voting members appointed by the Secretary:
Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers.
Two representatives of the private sector who have expertise in levee safety.
Two representatives of local and regional governmental agencies who have expertise in levee safety.
Two representatives of Indian tribes who have expertise in levee safety.
Administration
Terms of voting members
In general
A voting member of the committee shall be appointed for a term of 3 years, except that, of the members first appointed—
5 shall be appointed for a term of 1 year;
5 shall be appointed for a term of 2 years; and
4 shall be appointed for a term of 3 years.
Reappointment
A voting member of the committee may be reappointed to the committee, as the Secretary determines to be appropriate.
Vacancies
A vacancy on the committee shall be filled in the same manner as the original appointment was made.
Chairperson
In general
The voting members of the committee shall appoint a chairperson from among the voting members of the committee.
Term
The chairperson shall serve a term of not more than 2 years.
Standing committees
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.
Membership
The committee shall recommend to the Secretary for approval individuals for membership on the standing committees.
Duties and powers
The committee—
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
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.
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.
Compensation
Federal employees
Each member of the committee who is an officer or employee of the United States—
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
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.
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.
Standing committee members
Each member of a standing committee shall serve in a voluntary capacity.
Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to the committee.
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.
National Levee Safety Act of 2007
Pub. L. 110–114 title IX § 9003 · 121 Stat. 1041
Enacted · 33 U.S.C. § 3302
Pub. L. 110–114, title IX, § 9003, Nov. 8, 2007, 121 Stat. 1288
Source evidence
Code source credit
Pub. L. 110–114, title IX, § 9003, Nov. 8, 2007, 121 Stat. 1288Enacted provision · exact public law section
SEC. 9003. COMMITTEE ON LEVEE SAFETY. (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) 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). (3) The following 14 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) Duties.— (1) Development of recommendations for national levee safety program.— The committee shall develop recomendations for a national levee safety program, including a strategic plan for implementation of the program. (2) Report.— Not later than 180 days after the date of enactment of this Act, the committee shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report containing the recommendations developed under paragraph (1). (d) Purposes.— In developing recommendations under subsection (c)(1), the committee shall ensure that the national levee safety program meets the following goals: (1) Ensuring the protection of human life and property by levees through the development of technologically, economically, socially, and environmentally feasible programs and procedures for hazard reduction and mitigation relating to levees. (2) Encouraging use of the best available engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness. (3) Encouraging the establishment and implementation of an effective national levee safety program that may be delegated to qualified States for implementation, including identification of incentives and disincentives for State levee safety programs. (4) Ensuring that levees are operated and maintained in accordance with appropriate and protective standards by conducting an inventory and inspection of levees. (5) Developing and supporting public education and awareness projects to increase public acceptance and support of State and national levee safety programs. (6) Building public awareness of the residual risks associated with living in levee protected areas. (7) Developing technical assistance materials for State and national levee safety programs. (8) Developing methods to provide technical assistance relating to levee safety to non-Federal entities. (9) Developing technical assistance materials, seminars, and guidelines relating to the physical integrity of levees in the United States. (e) Compensation of Members.— A member of the committee shall serve without compensation. (f) Travel Expenses.— To the extent amounts are made available in advance in appropriations Acts, the Secretary shall reimburse a member of the committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal 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 performance of services for the committee. (g) Applicability of Federal Advisory Committee Act.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.Pub. L. 110–274 § 1 · 122 Stat. 2493
Substituted · 33 U.S.C. § 3302(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
SECTION 1. COMMITTEE ON LEVEE SAFETY. Section 9003(f) of the Water Resources Development Act of 2007 (33 U.S.C. 3302(f)) is amended by striking “To the extent amounts are made available in advance in appropriations Acts,” and inserting “Subject to the availability of appropriations,”.Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 3016(c)(1) · 128 Stat. 1193
Added · 33 U.S.C. § 3302(b)
Pub. L. 113–121, § 3016(c)(1), added par. (1)
Redesignated · 33 U.S.C. § 3302(b)
Pub. L. 113–121, § 3016(c)(1), redesignated par. (3) as (2)
Inserted · 33 U.S.C. § 3302(b)
Pub. L. 113–121, § 3016(c)(1), inserted “voting” after “14” in introductory provisions of par. (2)
Struck · 33 U.S.C. § 3302(b)
Pub. L. 113–121, § 3016(c)(1), struck out former pars. (1) and (2) which read as follows:
Source evidence
Code amendment note
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).”
Enacted provision · exact public law section
(1) in subsection (b)— (A) by striking paragraphs (1) and (2) and inserting the following: “(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).” ; (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as redesignated by subparagraph (B)) by inserting “voting” after “14”;Water Resources Reform and Development Act of 2014
Pub. L. 113–121 § 3016(c)(2) · 128 Stat. 1193
Added · 33 U.S.C. § 3302(c)(h)
Pub. L. 113–121, § 3016(c)(2), (3), added subsecs. (c) to (g)
Redesignated · 33 U.S.C. § 3302(c)(h)
Pub. L. 113–121, § 3016(c)(2), (3), redesignated former subsec. (g) as (h)
Struck · 33 U.S.C. § 3302(c)(h)
Pub. L. 113–121, § 3016(c)(2), (3), struck out former subsecs. (c) to (f) which related to duties, purposes, compensation of members, and travel expenses, respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(2) by redesignating subsection (g) as subsection (h); andPub. L. 117–286 § 4(a)(207) · 136 Stat. 4196
Substituted · 33 U.S.C. § 3302(h)
Pub. L. 117–286 substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in text
Substituted · 33 U.S.C. § 3302(h)
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. (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.Enacted provision · exact public law section
(207) Section 9003(h) of the National Levee Safety Act of 2007 (33 U.S.C. 3302(h)) is amended— (A) in the subsection heading, by striking “Federal Advisory Committee Act” 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,”.
11 of 11 references resolved to an enrolled provision
Editorial Notes
Amendments2008–2022 · 3 rounds
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.