[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.

                          ____________________