[Congressional Record Volume 145, Number 33 (Wednesday, March 3, 1999)]
[Senate]
[Pages S2213-S2215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATION TO IMPROVE THE BULLETPROOF VEST PARTNERSHIP GRANT ACT
Mr. LEAHY. Mr. President, I am introducing legislation to improve the
Bulletproof Vest Partnership Grant Act and am especially pleased to be
joined by Senators Feingold, Torricelli and Schumer as original
sponsors on this law enforcement effort. I am also pleased that the
senior Senator from Colorado, Senator Campbell, is joining us, again,
in this effort. We worked together closely and successfully last year
to pass the Bulletproof Vest Partnership Grant Act into law.
The Bulletproof Vest Partnership Grant Act, which President Clinton
signed into law on June 16, 1998, authorizes the Department of Justice
to award grants to pay for half of the cost of providing bulletproof
vests for State and local law enforcement officers. Beginning this
month, the Department of Justice plans to open the Bulletproof Vest
Partnership Program so that State, county and local law enforcement
agencies may receive grants to pay for half of the cost of providing
body armor for their officers. The entire application and payment
process for the program will occur electronically via the Internet at
http://vests.ojp.gov. I am confident that this innovative process will
be a great success at harnessing the power of the information age to
assist law enforcement do its job better, safer and more cost
effectively. I want to commend the Attorney General and the Department
for making this effort.
To build on the success of the Bulletproof Vest Partnership Program,
our bipartisan legislation would permit the Department of Justice to
waive, in whole or in part, the matching requirement for law
enforcement agencies applying for bulletproof vest grants in cases of
fiscal hardship. Some police departments in smaller jurisdictions may
be unable to contribute half of the cost of buying body armor for their
officers. This waiver provision was included in the Campbell-Leahy
version of the Act introduced last year, but was unfortunately
eliminated by others during House-Senate consideration of the final
legislation.
Our bipartisan bill is strongly supported by Federal Bureau of
Investigation Director Louis Freeh and the International Association of
Chiefs of Police.
More than ever before, police officers in Vermont and around the
country face deadly threats that can strike at any time, even during
routine traffic stops. Bulletproof vests save lives, and I believe this
new law will put vests on our State and local law enforcement officers
who put their lives on the line.
I look forward to working with all Senators to ensure that each and
every law enforcement community in Vermont and across the nation can
afford basic protection for their officers.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 521
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR
VESTS.
Section 2501(f) of part Y of title of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll(f)) is
amended--
(1) by striking ``The portion'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the portion'';
and
(2) by adding at the end the following:
``(2) Waiver.--The Director may waive, in whole or in part,
the requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.''.
______
By Mr. LAUTENBERG (for himself, Mr. Torricelli, Mrs. Boxer, Mr.
Lieberman, and Mrs. Feinstein):
S. 522. A bill to amend the Federal Water Pollution Control Act to
improve the quality of beaches and coastal recreation water, and for
other purposes; to the Committee on Environment and Public Works.
beaches environmental assessment, closure, and health act of 1999
Mr. LAUTENBERG. Mr. President, today I am introducing the Beaches
Environmental Assessment, Closure, and Health (BEACH) Act of 1999,
legislation which would amend the Clean Water Act to require states to
adopt water quality standards for coastal recreation waters and to
notify the public of unhealthy conditions. I am pleased to be joined by
Senator Torricelli, Senator Boxer, and Senator Lieberman in sponsoring
this legislation.
Mr. President, coastal tourism generates billions of dollars every
year for local communities and beaches are the top vacation destination
in the nation. A recent survey found that tourists spend over $100
billion in coastal portions of the twelve states that were studied.
Travel and tourism to the beaches of the Jersey shore alone generates
over $7 billion annually to local economies.
Unfortunately, the increased use of the coastal waters at our public
beaches and coastal parks for swimming, wading, and surfing can cause
increased risk to public health if these recreational waters are not
properly managed. Water pollution and water-borne bacteria and viruses
from overflowing sewage systems can cause a wide range of diseases,
including gastroenteritis, dysentery, hepatitis, ear, nose, and throat
problems, E. coli bacterial infections, and respiratory illness. Upon
contracting one of these water-borne diseases, the affected individual
often remains contagious even when out of the water and may pass the
illness to others. The consequences of these swimming-associated
illnesses can be especially severe for children, elderly people, and
the infirm. In Maryland, the outbreak of the toxic Pfiesteria organism
in several Chesapeake Bay tributaries prompted the state to close
several rivers for public health reasons. Fishermen and swimmers who
were exposed to Pfiesteria complained of short-term memory loss,
dizziness, muscular aches, peripheral tingling, vomiting, and abdominal
pain.
In a 1998 report on beach water quality, entitled Testing the Waters,
the Natural Resources Defense Council reported over 5,199 closings or
advisories of varying durations at U.S. beaches due to detected or
anticipated unhealthy water quality in 1997. Many beaches closures and
health advisories were a result of sewage spills and overflows.
The number of beach closings and advisories, while large, may
represent only a small portion of the actual problem. This is because
of an inconsistent approach among the states toward monitoring the
water quality of public beaches and notifying the public of unhealthy
conditions. In fact, as of 1999, only nine states have comprehensive
monitoring programs and adequate public notification. Thirteen states
have regular monitoring and public notification programs for a portion
of their recreational beaches. Among the remaining coastal and Great
Lakes
[[Page S2214]]
states, some lack any regular monitoring of beach water quality, while
others have monitoring programs, but no programs to close beaches or
notify the public. As a result, a high bacteria level can cause a beach
closure in one state while, in another state, people may be allowed to
swim in the water, despite the health risks.
Due in part to my urging, in 1997, the Environmental Protection
Agency (EPA) established its Beaches Environmental Assessment, Closure
and Health (BEACH) program to recommend appropriate monitoring criteria
and public notification of beach water quality. While this program is a
good start, the reality is that the majority of states have not adopted
EPA-recommended criteria to protect swimmer's health, and the agency
does not possess the authority to require states to adopt their
recommended criteria.
Mr. President, my legislation would provide EPA the authority to
require states to develop beach water quality monitoring and public
notification programs that adequately and uniformly protect public
health. The BEACH Act would require EPA to conduct studies for use in
developing a more complete list of potential health risks associated
with unhealthy beach water quality, develop more effective testing
methods for detecting the presence of pathogens in coastal recreation
waters, and revise its water quality criteria for pathogens in such
waters. The legislation would also direct EPA to establish regulations
requiring monitoring of water quality at public beaches to determine
compliance with water quality and public safety criteria. The bill
would require states to notify local governments and the public of
current beach water quality. Where a state wishes to delegate its
testing, monitoring, and notification requirements to local
governments, EPA must issue delegation guidance to a state and the
state must make resources available to the local government. Lastly,
the BEACH Act would authorize $9 million dollars in grants to the
States for the purposes of carrying out the requirements of this Act.
Mr. President, a day at the beach shouldn't be followed by a day at
the doctor. I invite my colleagues to join me in supporting this
legislation to ensure safe and healthy beaches for the citizens of New
Jersey and the nation.
I ask unanimous consent that a copy of the bill be printed in the
Record.
S. 522
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental
Assessment, Closure, and Health Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the beaches and coastal recreation water of the United
States are valuable public resources that are used for
recreation by millions of people annually;
(2) the beaches of coastal States host many out-of-State
and international visitors;
(3) tourism in coastal zones generates billions of dollars
annually;
(4) increased population and urbanization of watershed
areas have contributed to the decline in the environmental
quality of coastal water;
(5) pollution in coastal water is not restricted by State
or other political boundaries;
(6) coastal States have different methods of testing and
parameters for evaluating the quality of coastal recreation
water, resulting in the provision of varying degrees of
protection to the public;
(7) the adoption of consistent criteria by coastal States
would enhance public health and safety, including the
adoption of consistent criteria for--
(A) testing and evaluating the quality of coastal
recreation water; and
(B) the posting of signs at beaches notifying the public
during periods when the water quality criteria for public
safety are not met; and
(8) while the adoption of consistent criteria would enhance
public health and safety, the failure to meet consistent
criteria should be addressed as part of a watershed approach
to effectively identify and eliminate sources of pollution.
(b) Purposes.--The purpose of this Act is to amend the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
to require uniform criteria and procedures for testing,
monitoring, and notifying users of public coastal recreation
water and beaches--
(1) to protect public safety; and
(2) to improve environmental quality.
SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) is amended by adding at the end:
``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Coastal recreation water.--The term ``coastal
recreation water'' means water adjacent to public beaches of
the Great Lakes and of marine coastal water (including bays,
lagoon mouths, and coastal estuaries within the tidal zone)
used by the public for--
``(A) swimming;
``(B) bathing;
``(C) surfing; or
``(D) other similar body contact purposes.
``(2) Floatable materials.--The term ``floatable
materials'' means any foreign matter that may float or remain
suspended in water, including--
``(A) plastic;
``(B) aluminum cans;
``(C) wood;
``(D) bottles;
``(E) paper products; and
``(F) fishing gear.
``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY
CRITERIA BY STATES.
``(a) In General.--Not later than 3 years and 180 days
after the date of enactment of this title, each State shall
adopt water quality criteria for coastal recreation water
that, at a minimum, are consistent with the criteria
published by the Administrator under section 304(a)(1).
``(b) Development of Criteria.--Water quality criteria
described in subsection (a) shall--
``(1) be developed and promulgated in accordance with
section 303(c);
``(2) be incorporated into all appropriate programs into
which a State would incorporate other water quality criteria
adopted under section 303(c); and
``(3) not later than 3 years after the date of publication
of revisions by the Administrator under section 703(b), be
revised by the State.
``(c) Failure of States To Adopt Criteria.--If, not later
than 3 years and 180 days after the date of enactment of this
title, a State has not complied with subsection (a), the
water quality criteria issued by the Administrator under
section 304(a)(1) shall--
``(1) become the effective water quality criteria for
coastal recreational water for that State; and
``(2) be considered to have been promulgated by the
Administrator under section 303(c)(4).
``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.
``(a) Studies.--Not later than 3 years after the date of
enactment of this title, and after consultation with
appropriate Federal, State, and local officials (including
local health officials) and other interested persons, the
Administrator shall conduct, in cooperation with the Under
Secretary of Commerce for Oceans and Atmosphere, studies to
provide new information for use in developing--
``(1) a more complete list of potential human health risks
from inhalation, ingestion, or body contact with coastal
recreation water, including effects on the upper respiratory
system;
``(2) appropriate and effective indicators for improving
direct detection of the presence of pathogens found harmful
to human health in coastal recreational water;
``(3) appropriate, accurate, and expeditious methods
(including predictive models) for detecting the presence of
pathogens in coastal recreation water that are harmful to
human health; and
``(4) guidance for the State-to-State application of the
criteria issued under subsection (b) to account for the
diversity of geographic and aquatic conditions throughout the
United States.
``(b) Revised Criteria.--Not later than 5 years after the
date of enactment of this title, based on the results of the
studies conducted under subsection (a), the Administrator,
after consultation with appropriate Federal, State, and local
officials (including local health officials) and other
interested parties, shall--
``(1) issue revised water quality criteria for pathogens in
coastal recreation water that are harmful to human health,
including a revised list of indicators and testing methods;
and
``(2) not less than once every 5 years thereafter, review
and revise the water quality criteria.
``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.
``(a) Monitoring.--
``(1) In general.--Not later than 1 year and 180 days after
the date of enactment of this title, the Administrator shall
promulgate regulations requiring monitoring by the States of
public coastal recreation water and beaches for--
``(A) compliance with applicable water quality criteria;
and
``(B) maintenance of public safety.
``(2) Contents of requirements.--Monitoring requirements
established under this section shall specify, at a minimum--
``(A) available monitoring methods to be used by States;
``(B) the frequency and location of monitoring based on--
``(i) the periods of recreational use of coastal recreation
water and beaches;
``(ii) the extent and degree of recreational use during the
periods described in clause (i);
[[Page S2215]]
``(iii) the proximity of coastal recreation water to known
or identified point and nonpoint sources of pollution; and
``(iv) the relationship between the use of public
recreation water and beaches to storm events;
``(C) methods for--
``(i) detecting levels of pathogens that are harmful to
human health; and
``(ii) identifying short-term increases in pathogens that
are harmful to human health in coastal recreation water,
including the relationship of short-term increases in
pathogens to storm events; and
``(D) conditions and procedures under which discrete areas
of coastal recreation water may be exempted by the
Administrator from the monitoring requirements under this
subsection, if the Administrator determines that an exemption
will not--
``(i) impair compliance with the applicable water quality
criteria for that water; and
``(ii) compromise public safety.
``(b) Notification Requirements.--
``(1) In general.--Regulations promulgated under subsection
(a) shall require States to provide prompt notification of a
failure or the likelihood of a failure to meet applicable
water quality criteria for State coastal recreation water,
to--
``(A) local governments;
``(B) the public; and
``(C) the Administrator.
``(2) Information included in notification.--Notification
under this subsection shall require, at a minimum--
``(A) the prompt communication of the occurrence, nature,
extent, and location of, and substances (including pathogens)
involved in, a failure or immediate likelihood of a failure
to meet water quality criteria, to a designated official of a
local government having jurisdiction over land adjoining the
coastal recreation water for which the failure or imminent
failure to meet water quality criteria is identified; and
``(B) the posting of signs, during the period in which
water quality criteria are not met continues, that are
sufficient to give notice to the public--
``(i) of a failure to meet applicable water quality
criteria for the water; and
``(ii) the potential risks associated with water contact
activities in the water.
``(c) Review and Revision of Regulations.--Periodically,
but not less than once every 5 years, the Administrator shall
review and make any necessary revisions to regulations
promulgated under this section.
``(d) State Implementation.--
``(1) In general.--Not later than 3 years and 180 days
after the date of enactment of this title, each State shall
implement a monitoring and notification program that conforms
to the regulations promulgated under subsections (a) and (b).
``(2) Revision of program.--Not later than 2 years after
the date of publication of any revisions by the Administrator
under subsection (c), each State shall revise the program
established under paragraph (1) to incorporate the revisions.
``(e) Guidance; Delegation of Responsibility.--
``(1) In general.--Not later than 1 year and 180 days after
the date of enactment of this title, the Administrator shall
issue guidance establishing--
``(A) core performance measures for testing, monitoring,
and notification programs under this section; and
``(B) the delegation of testing, monitoring, and
notification programs under this section to local government
authorities.
``(2) Delegation of responsibility to local governments.--
If a responsibility described in paragraph (1)(B) is
delegated by a State to a local government authority, or is
delegated to a local government authority before the date of
enactment of this section, State resources, including grants
made under section 706, shall be made available to the
delegated authority for the purpose of implementing the
delegated program in a manner that is consistent with the
guidance issued by the Administrator.
``(f) Floatable Materials Monitoring; Technical
Assistance.--Not later than 1 year and 180 days after the
date of enactment of this title, the Administrator shall--
``(1) provide technical assistance for uniform assessment
and monitoring procedures for floatable materials in coastal
recreation water; and
``(2) specify the conditions under which the presence of
floatable material shall constitute a threat to public health
and safety.
``(g) Occurrence Database.--The Administrator shall
establish, maintain, and make available to the public by
electronic and other means--
``(1) a national coastal recreation water pollution
occurrence database using reliable information, including the
information reported under subsection (b); and
``(2) a listing of communities conforming to the
regulations promulgated under subsections (a) and (b).
``SEC. 705. REPORT TO CONGRESS.
``Not later than 4 years after the date of the enactment of
this title and periodically thereafter, the Administrator
shall submit to Congress a report that contains--
``(1) recommendations concerning the need for additional
water quality criteria and other actions that are necessary
to improve the quality of coastal recreation water; and
``(2) an evaluation of State efforts to implement this
title.
``SEC. 706. GRANTS TO STATES.
``(a) Grants.--The Administrator may make grants to States
for use in meeting the requirements of sections 702 and 704.
``(b) Cost Sharing.--For each fiscal year, the total amount
of funds provided through grants to a State under this
section shall not exceed 50 percent of the cost to the State
of implementing requirements described in subsection (a).
``(c) Eligible State.--Effective beginning 3 years and 180
days after the date of enactment of this title, the
Administrator may make a grant to a State under this section
only if the State demonstrates to the satisfaction of the
Administrator the implementation of the State monitoring and
notification program under section 704 of this title.
``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
``(1) for use in making grants to States under section 706,
$9,000,000 for each of fiscal years 2000 through 2004; and
``(2) for carrying out the other provisions of this title,
$3,000,000 for each of fiscal years 2000 through 2004.''.
______
By Mr. INOUYE (for himself and Mr. Akaka):
S. 523. A bill to amend the Internal Revenue Code of 1986 to treat
certain hospital support organizations as qualified organizations for
purposes of section 514(c)(9); to the Committee on Finance.
____________________