[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[Senate]
[Pages 18978-18983]
[From the U.S. Government Publishing Office, www.gpo.gov]



    BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

  Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent 
the Senate now proceed to the consideration of Calendar No. 743, S. 
522.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 522) to amend the Federal Water Pollution 
     Control Act to improve the quality of beaches and coastal 
     recreation water, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Environment and Public 
Works, with an amendment as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic.)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Beaches Environmental 
     Assessment and Coastal Health Act of 2000''.

     SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA 
                   AND STANDARDS BY STATES.

       Section 303 of the Federal Water Pollution Control Act (33 
     U.S.C. 1313) is amended by adding at the end the following:
       ``(i) Coastal Recreation Water Quality Criteria.--
       ``(1) Adoption by states.--
       ``(A) Initial criteria and standards.--Not later than 42 
     months after the date of enactment of this subsection, each 
     State having coastal recreation waters shall adopt and submit 
     to the Administrator water quality criteria and standards for 
     the coastal recreation waters of the State for those 
     pathogens and pathogen indicators for which the Administrator 
     has published criteria guidance under section 304(a).
       ``(B) New or revised criteria and standards.--Not later 
     than 36 months after the date of publication by the 
     Administrator of new or revised water quality criteria under 
     section 304(a)(9), each State having coastal recreation 
     waters shall adopt and submit to the Administrator new or 
     revised water quality standards for the coastal recreation 
     waters of the State for all pathogens and pathogen indicators 
     to which the new or revised water quality criteria guidance 
     is applicable.
       ``(2) Failure of states to adopt.--
       ``(A) In general.--If a State fails to adopt water quality 
     criteria and standards in accordance with paragraph (1), the 
     Administrator shall promptly propose regulations described in 
     subparagraph (A) or (B) of that paragraph for the State 
     setting forth revised or new water quality standards for 
     pathogens and pathogen indicators for coastal recreation 
     waters of the State.
       ``(B) Exception.--If the Administrator proposes regulations 
     described in subparagraph (A) under section 303(c)(4)(B), the 
     Administrator shall publish any revised or new standard under 
     this section not later than 36 months after the date of 
     publication of the new or revised water quality criteria 
     under section 304(a)(9).
       ``(3) Applicability.--Except as expressly provided by this 
     subsection, the requirements and procedures of subsection (c) 
     apply to this subsection, including the requirement in 
     subsection (c)(2)(A) that the criteria protect public health 
     and welfare.''.

     SEC. 3. REVISIONS TO WATER QUALITY CRITERIA GUIDANCE.

       (a) Studies Concerning Pathogen Indicators in Coastal 
     Recreation Waters.--Section 104 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1254) is amended by adding 
     at the end the following:
       ``(v) Studies Concerning Pathogen Indicators in Coastal 
     Recreation Waters.--Not later than 18 months after the date 
     of enactment of this subsection, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), the 
     Administrator shall initiate, and, not later than 3 years 
     after the date of enactment of this subsection, shall 
     complete, in cooperation with the heads of other Federal 
     agencies, studies to provide additional information for use 
     in developing--
       ``(1) an assessment of potential human health risks 
     resulting from exposure to pathogens in coastal recreation 
     waters, including nongastrointestinal effects;
       ``(2) appropriate and effective indicators for improving 
     detection in a timely manner in coastal recreation waters of 
     the presence of pathogens that are harmful to human health;
       ``(3) appropriate, accurate, expeditious, and cost-
     effective methods (including predictive models) for detecting 
     in a timely manner in coastal recreation waters the presence 
     of pathogens that are harmful to human health; and
       ``(4) guidance for State application of the criteria 
     guidance for pathogens and pathogen indicators to be 
     published under section 304(a)(9) to account for the 
     diversity of geographic and aquatic conditions.''.
       (b) Revised Criteria Guidance.--Section 304(a) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1314(a)) is 
     amended by adding at the end the following:
       ``(9) Revised criteria guidance for coastal recreation 
     waters.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this paragraph, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), the 
     Administrator shall publish new or revised water quality 
     criteria guidance for pathogens and pathogen indicators 
     (including a revised list of testing methods, as 
     appropriate), based on the results of the studies conducted 
     under section 104(v), for the purpose of protecting human 
     health in coastal recreation waters.
       ``(B) Reviews.--Not later than the date that is 5 years 
     after the date of publication of water quality criteria 
     guidance under this paragraph, and at least once every 5 
     years thereafter, the Administrator shall review and, as 
     necessary, revise the water quality criteria guidance.''.

     SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND 
                   NOTIFICATION.

       Title IV of the Federal Water Pollution Control Act (33 
     U.S.C. 1341 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
                   NOTIFICATION.

       ``(a) Monitoring and Notification.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), and after 
     providing public notice and an opportunity for comment, the 
     Administrator shall publish performance criteria that provide 
     for--
       ``(A) monitoring and assessment (including specifying 
     available methods for monitoring) of coastal recreation 
     waters adjacent to beaches or other points of access that are 
     used by the public for attainment of applicable water quality 
     standards for pathogens and pathogen indicators; and
       ``(B) the prompt notification of the public, local 
     governments, and the Administrator of any exceeding of or 
     likelihood of exceeding applicable water quality standards 
     for coastal recreation waters described in subparagraph (A).
       ``(2) Level of protection.--The performance criteria 
     referred to in paragraph (1) shall provide for the activities 
     described in subparagraphs (A) and (B) of that paragraph to 
     be carried out as necessary for the protection of public 
     health and safety.
       ``(b) Program Development and Implementation Grants.--
       ``(1) In general.--The Administrator may make grants to 
     States and local governments to develop and implement 
     programs for monitoring

[[Page 18979]]

     and notification for coastal recreation waters adjacent to 
     beaches or other points of access that are used by the 
     public.
       ``(2) Prioritization.--States and local governments may 
     prioritize the use of funds under paragraph (1) based on the 
     greatest risks to human health.
       ``(3) Limitations.--
       ``(A) In general.--The Administrator may award a grant to a 
     State or a local government to implement a monitoring and 
     notification program if--
       ``(i) the program is consistent with the performance 
     criteria published by the Administrator under subsection (a); 
     and
       ``(ii) the public is provided an opportunity to review the 
     program through a process that provides for public notice and 
     an opportunity for comment.
       ``(B) Grants to local governments.--The Administrator is 
     authorized to make grants for implementation of a local 
     government program under subparagraph (A) only if the 
     Administrator determines that the State in which the local 
     government is located did not submit a grant application for 
     a program that meets the requirements of subsection (c) 
     during the 1-year period beginning on the date of publication 
     of performance criteria under subsection (a).
       ``(4) Other requirements.--
       ``(A) Lists of waters.--On receipt of a grant under this 
     subsection, a State, tribe, or local government shall--
       ``(i) apply the prioritization established by the State, 
     tribe, or local government under paragraph (2); and
       ``(ii) promptly submit to the Administrator--

       ``(I) a list of discrete areas of coastal recreation waters 
     that are subject to the program for monitoring and 
     notification for which the grant is provided; and
       ``(II) a list of discrete areas of coastal recreation 
     waters that are subject to the program for monitoring and 
     notification for which the grant is provided that specifies 
     any coastal recreation waters for which fiscal constraints 
     will prevent compliance with the performance criteria under 
     subsection (a).

       ``(B) Additional information.--A State recipient of a grant 
     under this subsection shall submit to the Administrator, in 
     such format and at such intervals as the Administrator 
     determines to be appropriate, information collected as part 
     of the program for monitoring and notification under this 
     section.
       ``(C) Delegation.--A State recipient of a grant under this 
     subsection shall identify each local government to which the 
     State has delegated or intends to delegate responsibility for 
     implementing a monitoring and notification program consistent 
     with the performance criteria published under subsection (a) 
     (including any coastal recreation waters for which the 
     authority to implement a monitoring and notification program 
     would be subject to the delegation).
       ``(5) Federal share.--
       ``(A) In general.--The Administrator, through grants 
     awarded under this section, may pay up to 100 percent of the 
     costs of developing and implementing a program for monitoring 
     and notification under this subsection.
       ``(B) Non-federal share.--The non-Federal share of the 
     costs of developing and implementing a monitoring and 
     notification program may be--
       ``(i) in an amount not to exceed 50 percent, as determined 
     by the Administrator in consultation with State, tribal, and 
     local government representatives; and
       ``(ii) provided in cash or in kind.
       ``(c) Content of State and Local Government Programs.--As a 
     condition of receipt of a grant under subsection (b), a State 
     or local government program for monitoring and notification 
     under this section shall identify--
       ``(1) lists of coastal recreation waters in the State, 
     including coastal recreation waters adjacent to beaches or 
     other points of access that are used by the public;
       ``(2) in the case of a State program for monitoring and 
     notification, the process by which the State may delegate to 
     local governments responsibility for implementing the 
     monitoring and notification program;
       ``(3) the frequency and location of monitoring and 
     assessment of coastal recreation waters based on--
       ``(A) the periods of recreational use of the waters;
       ``(B) the nature and extent of use during certain periods;
       ``(C) the proximity of the waters to known point and 
     nonpoint sources of pollution; and
       ``(D) any effect of storm events on the waters;
       ``(4)(A) the methods to be used for detecting levels of 
     pathogens and pathogen indicators that are harmful to human 
     health; and
       ``(B) the assessment procedures for identifying short-term 
     increases in pathogens and pathogen indicators that are 
     harmful to human health in coastal recreation waters 
     (including increases in relation to storm events);
       ``(5) measures for prompt communication of the occurrence, 
     nature, location, pollutant source involved, and extent of 
     any exceeding of, or likelihood of exceeding, applicable 
     water quality standards for pathogens and pathogen indicators 
     to--
       ``(A) the Administrator; and
       ``(B) a designated official of a local government having 
     jurisdiction over land adjoining the coastal recreation 
     waters for which the failure to meet applicable standards is 
     identified;
       ``(6) measures for the posting of signs at beaches or other 
     points of access, or functionally equivalent communication 
     measures that are sufficient to give notice to the public 
     that the coastal recreation waters are not meeting or are not 
     expected to meet applicable water quality standards for 
     pathogens and pathogen indicators; and
       ``(7) measures that inform the public of the potential 
     risks associated with water contact activities in the coastal 
     recreation waters that do not meet applicable water quality 
     standards.
       ``(d) Federal Agency Programs.--Not later than 30 months 
     after the date of enactment of this section, each Federal 
     agency that has jurisdiction over coastal recreation waters 
     adjacent to beaches or other points of access that are used 
     by the public shall develop and implement, through a process 
     that provides for public notice and an opportunity for 
     comment, a monitoring and notification program for the 
     coastal recreation waters that--
       ``(1) protects the public health and safety; and
       ``(2) is consistent with the performance criteria published 
     under subsection (a).
       ``(e) Information Database.--The Administrator shall 
     establish, maintain, and make available to the public by 
     electronic and other means a national coastal recreation 
     water pollution occurrence database that provides--
       ``(1) the information reported to the Administrator under 
     subsection (b)(4)(B); and
       ``(2) other information concerning pathogens and pathogen 
     indicators in coastal recreation waters that--
       ``(A) is made available to the Administrator by a State or 
     local government, from a coastal water quality monitoring 
     program of the State or local government; and
       ``(B) the Administrator determines should be included.
       ``(f) Technical Assistance for Monitoring Floatable 
     Material.--The Administrator shall provide technical 
     assistance to States and local governments for the 
     development of assessment and monitoring procedures for 
     floatable material to protect public health and safety in 
     coastal recreation waters.
       ``(g) List of Waters.--
       ``(1) In general.--Beginning not later than 18 months after 
     the date of publication of performance criteria under 
     subsection (a), based on information made available to the 
     Administrator, the Administrator shall maintain a list of 
     discrete coastal recreation waters adjacent to beaches or 
     other points of access that are used by the public that--
       ``(A) are subject to a monitoring and notification program 
     consistent with the performance criteria established under 
     subsection (a); and
       ``(B) specifies any waters described in this paragraph for 
     which there is no monitoring and notification program 
     (including waters for which fiscal constraints will prevent 
     the State from performing monitoring and notification 
     consistent with the performance criteria established under 
     subsection (a)).
       ``(2) Availability.--The Administrator shall make the list 
     described in paragraph (1) available to the public through--
       ``(A) publication in the Federal Register; and
       ``(B) electronic media.
       ``(3) Updates.--The Administrator shall update the list 
     described in paragraph (1) periodically as new information 
     becomes available.
       ``(h) EPA Implementation.--
       ``(1) In general.--In the case of a State that has no 
     program for monitoring and notification that is consistent 
     with the performance criteria published under subsection (a), 
     the Administrator shall conduct a monitoring and notification 
     program for coastal recreation waters in that State using the 
     funds appropriated for grants under subsection (i)--
       ``(A) to conduct monitoring and notification; and
       ``(B) for related salaries, expenses, and
     travel.
       ``(2) Prioritization.--In conducting a monitoring and 
     notification program under paragraph (1), the Administrator 
     shall apply any prioritization developed by the State under 
     subsection (b)(2).
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under subsection (b), 
     including implementation of monitoring and notification 
     programs by the Administrator under subsection (h), 
     $30,000,000 for each of fiscal years 2001 through 2005.''.

     SEC. 5. DEFINITIONS.

       Section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(21) Coastal recreation waters.--
       ``(A) In general.--The term `coastal recreation waters' 
     means the Great Lakes and other marine coastal waters 
     (including coastal estuaries) that are used by the public for 
     swimming, bathing, surfing, or other similar water contact 
     activities.
       ``(B) Exclusion.--The term `coastal recreation waters' does 
     not include inland waters.
       ``(22) Floatable material.--
       ``(A) In general.--The term `floatable material' means any 
     foreign matter that may float or remain suspended in the 
     water column.
       ``(B) Inclusions.--The term `floatable material' includes--
       ``(i) plastic;
       ``(ii) aluminum cans;
       ``(iii) wood products;
       ``(iv) bottles; and
       ``(v) paper products.
       ``(23) Pathogen indicator.--The term `pathogen indicator' 
     means a substance that indicates the potential for human 
     infectious disease.''.

     SEC. 6. INDIAN TRIBES.

       Section 518(e) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1377(e)) is amended by striking ``and 404'' and 
     inserting ``404, and 406''.

[[Page 18980]]



     SEC. 7. REPORT.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, and every 4 years thereafter, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report that includes--
       (1) recommendations concerning the need for additional 
     water quality criteria guidance for pathogens and pathogen 
     indicators and other actions that should be taken to improve 
     the quality of coastal recreation waters;
       (2) an evaluation of Federal, State, and local efforts to 
     implement this Act, including the amendments made by this 
     Act; and
       (3) recommendations on improvements to methodologies and 
     techniques for monitoring of coastal recreation waters.
       (b) Coordination.--The Administrator of the Environmental 
     Protection Agency may coordinate the report under this 
     section with other reporting requirements under the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.).

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out the provisions of this Act, including the 
     amendments made by this Act, for which amounts are not 
     otherwise specifically authorized to be appropriated, such 
     sums as are necessary for each of fiscal years 2001 through 
     2005.
       (b) Budget Request.--The Administrator of the Environmental 
     Protection Agency shall request that Congress appropriate 
     funds to carry out this Act.


                           Amendment No. 4175

  Mr. SMITH of New Hampshire. Senator Smith of New Hampshire has an 
amendment at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Hampshire [Mr. Smith], proposes an 
     amendment numbered 4175.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SMITH of New Hampshire. I ask unanimous consent the amendment be 
agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4175) was agreed to.
  Mr. LAUTENBERG. Mr. President, I am pleased that the Senate will soon 
pass my legislation, S. 522, the Beaches Environmental Assessment and 
Coastal Health Act of 2000. I ask my colleagues to support this 
legislation and the managers' amendment that is before the Senate. This 
legislation is cosponsored by Senators Akaka, Boxer, Cleland, Dodd, 
Feinstein, Kennedy, Kerry, Levin, Lieberman, Moynihan, Smith of New 
Hampshire, Sarbanes, and Torricelli.
  Many Americans who visited the beach this summer went home with more 
than just a tan. They brought back illnesses they contracted because 
they swam in contaminated water without realizing it.
  Unfortunately, whether you get sick from your trip to the beach 
depends on which state you happen to be in. That's because states do 
not have uniform standards for coastal water quality.
  For 10 straight years, Mr. President, the Natural Resources Defense 
Council has issued its report, ``Testing the Waters,'' which provides a 
comprehensive, highly reliable assessment of the quality of the 
nation's waters. Since 1991, first with then-Representative Bill Hughes 
of New Jersey and subsequently with Representative Frank Pallone of New 
Jersey, I have introduced legislation to require states to adopt 
consistent coastal water quality standards to protect beachgoers from 
contamination. This legislation also would call on states to develop 
beach water quality monitoring and notification programs.
  Over the years, I've been greatly concerned about the increase in 
beach closings and advisories throughout the nation. In 1999, according 
to the NRDC's 10th annual report, there were more than 6,100 beach 
closings and advisories at our nation's oceans, bays and Great Lakes. 
Since 1988, there have been more than 36,156 beach closings and 
advisories.
  There is some good news in this information, Mr. President. For one, 
it indicates a greater vigilance by state and local governments. Since 
the first NRDC report was issued and citizens learned more about the 
risks at their beaches, at least nine states and many local governments 
have initiated or expanded their coastal water quality monitoring 
programs. This shows that many states and local governments are deeply 
concerned about the health hazards faced by people who swim in 
contaminated water.
  However, these data show us that we continue to have serious water 
pollution at our nation's beaches. For example, 70 percent of beach 
closings and advisories in 1999 were prompted by state and local 
government monitoring programs that detected bacteria levels exceeding 
state or local water quality standards. These bacteria levels have been 
associated with a variety of gastrointestinal diseases.
  This bill would ensure that all coastal states apply the U.S. 
Environmental Protection Agency's criteria for detecting bacteria in 
their beach waters. Mr. President, the goal of this bill is to ensure 
that no matter where people go to the beach, they will know that a 
uniform level of protection is being applied.
  Right now, only seven states have adopted the criteria that the EPA 
called on states to adopt back in 1986. This bill give states three-
and-a-half years to bring their standards up to where President 
Reagan's EPA said they should have been 14 years ago.
  The second part of my bill provides incentive grants to help states 
set up beach monitoring and public information programs. Right now, 
only nine states comprehensively monitor most or all of their beaches. 
These are Connecticut, Delaware, Illinois, Indiana, New Hampshire, New 
Jersey, North Carolina, Ohio and Pennsylvania.
  My bill does not say how a state should monitor its beaches or how 
that information should get to the public. To help the states, the EPA 
would be required to develop monitoring and notification guidance.
  While we often don't know the exact source of coastal water 
pollution, we suspect that in many cases, sewer overflows and street 
runoff following heavy rainstorms are partly responsible. My bill 
focuses on a critical need: for states to set uniform standards and 
provide information to the public. My bill does not seek to regulate 
these sources of pollution. I sincerely hope that the Senate will 
address this key concern in the next Congress.
  Finally, my bill would require the EPA to establish a publicly 
available database containing the information states submit about their 
monitoring programs. Right now, Mr. Chairman, only California, 
Delaware, New Jersey, North Carolina and Rhode Island compile and 
publicize records of beach closings and bacteria levels. The 
legislation would encourage all coastal states and the EPA to provide 
this information to the public.
  I want to thank the managers of this bill, Senator Bob Smith and 
Senator Baucus, for their leadership in bringing this bill before the 
full Senate. I also want to recognize the members of the Committee 
staff for working so diligently on this legislation. In particular, I 
want to compliment John Pemberton and Ann Klee of the Majority Staff of 
the Environment and Public Works Committee; Jo-Ellen Darcy of the 
Minority staff of the Committee; and Amy Maron and Ruth Lodder of my 
personal staff.
  Many organizations also made significant contributions to this bill. 
I want to thank the Natural Resources Defense Council, American Oceans 
Campaign, Center for Marine Conservation, Surfrider Foundation, 
Association of State and Interstate Water Pollution Control 
Administrators, and the Coastal States Organization for their hard 
work.
  Mr. SMITH of New Hampshire. I ask unanimous consent the committee 
substitute, as amended, be agreed to, the bill be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment, as amended, was agreed to.
  The bill (S. 522) was read the third time and passed as follows:

                                 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 and Coastal Health Act of 2000''.

[[Page 18981]]



     SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA 
                   AND STANDARDS BY STATES.

       Section 303 of the Federal Water Pollution Control Act (33 
     U.S.C. 1313) is amended by adding at the end the following:
       ``(i) Coastal Recreation Water Quality Criteria.--
       ``(1) Adoption by states.--
       ``(A) Initial criteria and standards.--Not later than 42 
     months after the date of enactment of this subsection, each 
     State having coastal recreation waters shall adopt and submit 
     to the Administrator water quality criteria and standards for 
     the coastal recreation waters of the State for those 
     pathogens and pathogen indicators for which the Administrator 
     has published criteria under section 304(a).
       ``(B) New or revised criteria and standards.--Not later 
     than 36 months after the date of publication by the 
     Administrator of new or revised water quality criteria under 
     section 304(a)(9), each State having coastal recreation 
     waters shall adopt and submit to the Administrator new or 
     revised water quality standards for the coastal recreation 
     waters of the State for all pathogens and pathogen indicators 
     to which the new or revised water quality criteria are 
     applicable.
       ``(2) Failure of states to adopt.--
       ``(A) In general.--If a State fails to adopt water quality 
     criteria and standards in accordance with paragraph (1)(A) 
     that are as protective of human health as the criteria for 
     pathogens and pathogen indicators for coastal recreation 
     waters published by the Administrator, the Administrator 
     shall promptly propose regulations for the State setting 
     forth revised or new water quality standards for pathogens 
     and pathogen indicators described in paragraph (1)(A) for 
     coastal recreation waters of the State.
       ``(B) Exception.--If the Administrator proposes regulations 
     for a State described in subparagraph (A) under subsection 
     (c)(4)(B), the Administrator shall publish any revised or new 
     standard under this subsection not later than 42 months after 
     the date of enactment of this subsection.
       ``(3) Applicability.--Except as expressly provided by this 
     subsection, the requirements and procedures of subsection (c) 
     apply to this subsection, including the requirement in 
     subsection (c)(2)(A) that the criteria protect public health 
     and welfare.''.

     SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

       (a) Studies Concerning Pathogen Indicators in Coastal 
     Recreation Waters.--Section 104 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1254) is amended by adding 
     at the end the following:
       ``(v) Studies Concerning Pathogen Indicators in Coastal 
     Recreation Waters.--Not later than 18 months after the date 
     of enactment of this subsection, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), the 
     Administrator shall initiate, and, not later than 3 years 
     after the date of enactment of this subsection, shall 
     complete, in cooperation with the heads of other Federal 
     agencies, studies to provide additional information for use 
     in developing--
       ``(1) an assessment of potential human health risks 
     resulting from exposure to pathogens in coastal recreation 
     waters, including nongastrointestinal effects;
       ``(2) appropriate and effective indicators for improving 
     detection in a timely manner in coastal recreation waters of 
     the presence of pathogens that are harmful to human health;
       ``(3) appropriate, accurate, expeditious, and cost-
     effective methods (including predictive models) for detecting 
     in a timely manner in coastal recreation waters the presence 
     of pathogens that are harmful to human health; and
       ``(4) guidance for State application of the criteria for 
     pathogens and pathogen indicators to be published under 
     section 304(a)(9) to account for the diversity of geographic 
     and aquatic conditions.''.
       (b) Revised Criteria.--Section 304(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1314(a)) is amended by 
     adding at the end the following:
       ``(9) Revised criteria for coastal recreation waters.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this paragraph, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), the 
     Administrator shall publish new or revised water quality 
     criteria for pathogens and pathogen indicators (including a 
     revised list of testing methods, as appropriate), based on 
     the results of the studies conducted under section 104(v), 
     for the purpose of protecting human health in coastal 
     recreation waters.
       ``(B) Reviews.--Not later than the date that is 5 years 
     after the date of publication of water quality criteria under 
     this paragraph, and at least once every 5 years thereafter, 
     the Administrator shall review and, as necessary, revise the 
     water quality criteria.''.

     SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND 
                   NOTIFICATION.

       Title IV of the Federal Water Pollution Control Act (33 
     U.S.C. 1341 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
                   NOTIFICATION.

       ``(a) Monitoring and Notification.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, after consultation and in 
     cooperation with appropriate Federal, State, tribal, and 
     local officials (including local health officials), and after 
     providing public notice and an opportunity for comment, the 
     Administrator shall publish performance criteria for--
       ``(A) monitoring and assessment (including specifying 
     available methods for monitoring) of coastal recreation 
     waters adjacent to beaches or similar points of access that 
     are used by the public for attainment of applicable water 
     quality standards for pathogens and pathogen indicators; and
       ``(B) the prompt notification of the public, local 
     governments, and the Administrator of any exceeding of or 
     likelihood of exceeding applicable water quality standards 
     for coastal recreation waters described in subparagraph (A).
       ``(2) Level of protection.--The performance criteria 
     referred to in paragraph (1) shall provide that the 
     activities described in subparagraphs (A) and (B) of that 
     paragraph shall be carried out as necessary for the 
     protection of public health and safety.
       ``(b) Program Development and Implementation Grants.--
       ``(1) In general.--The Administrator may make grants to 
     States and local governments to develop and implement 
     programs for monitoring and notification for coastal 
     recreation waters adjacent to beaches or similar points of 
     access that are used by the public.
       ``(2) Limitations.--
       ``(A) In general.--The Administrator may award a grant to a 
     State or a local government to implement a monitoring and 
     notification program if--
       ``(i) the program is consistent with the performance 
     criteria published by the Administrator under subsection (a);
       ``(ii) the State or local government prioritizes the use of 
     grant funds for particular coastal recreation waters based on 
     the use of the water and the risk to human health presented 
     by pathogens or pathogen indicators;
       ``(iii) the State or local government makes available to 
     the Administrator the factors used to prioritize the use of 
     funds under clause (ii);
       ``(iv) the State or local government provides a list of 
     discrete areas of coastal recreation waters that are subject 
     to the program for monitoring and notification for which the 
     grant is provided that specifies any coastal recreation 
     waters for which fiscal constraints will prevent consistency 
     with the performance criteria under subsection (a); and
       ``(v) the public is provided an opportunity to review the 
     program through a process that provides for public notice and 
     an opportunity for comment.
       ``(B) Grants to local governments.--The Administrator may 
     make a grant to a local government under this subsection for 
     implementation of a monitoring and notification program only 
     if, after the 1-year period beginning on the date of 
     publication of performance criteria under subsection (a)(1), 
     the Administrator determines that the State is not 
     implementing a program that meets the requirements of this 
     subsection, regardless of whether the State has received a 
     grant under this subsection.
       ``(3) Other requirements.--
       ``(A) Report.--A State recipient of a grant under this 
     subsection shall submit to the Administrator, in such format 
     and at such intervals as the Administrator determines to be 
     appropriate, a report that describes--
       ``(i) data collected as part of the program for monitoring 
     and notification as described in subsection (c); and
       ``(ii) actions taken to notify the public when water 
     quality standards are exceeded.
       ``(B) Delegation.--A State recipient of a grant under this 
     subsection shall identify each local government to which the 
     State has delegated or intends to delegate responsibility for 
     implementing a monitoring and notification program consistent 
     with the performance criteria published under subsection (a) 
     (including any coastal recreation waters for which the 
     authority to implement a monitoring and notification program 
     would be subject to the delegation).
       ``(4) Federal share.--
       ``(A) In general.--The Administrator, through grants 
     awarded under this section, may pay up to 100 percent of the 
     costs of developing and implementing a program for monitoring 
     and notification under this subsection.
       ``(B) Non-federal share.--The non-Federal share of the 
     costs of developing and implementing a monitoring and 
     notification program may be--
       ``(i) in an amount not to exceed 50 percent, as determined 
     by the Administrator in consultation with State, tribal, and 
     local government representatives; and
       ``(ii) provided in cash or in kind.
       ``(c) Content of State and Local Government Programs.--As a 
     condition of receipt of a grant under subsection (b), a State 
     or local government program for monitoring and notification 
     under this section shall identify--

[[Page 18982]]

       ``(1) lists of coastal recreation waters in the State, 
     including coastal recreation waters adjacent to beaches or 
     similar points of access that are used by the public;
       ``(2) in the case of a State program for monitoring and 
     notification, the process by which the State may delegate to 
     local governments responsibility for implementing the 
     monitoring and notification program;
       ``(3) the frequency and location of monitoring and 
     assessment of coastal recreation waters based on--
       ``(A) the periods of recreational use of the waters;
       ``(B) the nature and extent of use during certain periods;
       ``(C) the proximity of the waters to known point sources 
     and nonpoint sources of pollution; and
       ``(D) any effect of storm events on the waters;
       ``(4)(A) the methods to be used for detecting levels of 
     pathogens and pathogen indicators that are harmful to human 
     health; and
       ``(B) the assessment procedures for identifying short-term 
     increases in pathogens and pathogen indicators that are 
     harmful to human health in coastal recreation waters 
     (including increases in relation to storm events);
       ``(5) measures for prompt communication of the occurrence, 
     nature, location, pollutants involved, and extent of any 
     exceeding of, or likelihood of exceeding, applicable water 
     quality standards for pathogens and pathogen indicators to--
       ``(A) the Administrator, in such form as the Administrator 
     determines to be appropriate; and
       ``(B) a designated official of a local government having 
     jurisdiction over land adjoining the coastal recreation 
     waters for which the failure to meet applicable standards is 
     identified;
       ``(6) measures for the posting of signs at beaches or 
     similar points of access, or functionally equivalent 
     communication measures that are sufficient to give notice to 
     the public that the coastal recreation waters are not meeting 
     or are not expected to meet applicable water quality 
     standards for pathogens and pathogen indicators; and
       ``(7) measures that inform the public of the potential 
     risks associated with water contact activities in the coastal 
     recreation waters that do not meet applicable water quality 
     standards.
       ``(d) Federal Agency Programs.--Not later than 3 years 
     after the date of enactment of this section, each Federal 
     agency that has jurisdiction over coastal recreation waters 
     adjacent to beaches or similar points of access that are used 
     by the public shall develop and implement, through a process 
     that provides for public notice and an opportunity for 
     comment, a monitoring and notification program for the 
     coastal recreation waters that--
       ``(1) protects the public health and safety;
       ``(2) is consistent with the performance criteria published 
     under subsection (a);
       ``(3) includes a completed report on the information 
     specified in subsection (b)(3)(A), to be submitted to the 
     Administrator; and
       ``(4) addresses the matters specified in subsection (c) .
       ``(e) Database.--The Administrator shall establish, 
     maintain, and make available to the public by electronic and 
     other means a national coastal recreation water pollution 
     occurrence database that provides--
       ``(1) the data reported to the Administrator under 
     subsections (b)(3)(A)(i) and (d)(3); and
       ``(2) other information concerning pathogens and pathogen 
     indicators in coastal recreation waters that--
       ``(A) is made available to the Administrator by a State or 
     local government, from a coastal water quality monitoring 
     program of the State or local government; and
       ``(B) the Administrator determines should be included.
       ``(f) Technical Assistance for Monitoring Floatable 
     Material.--The Administrator shall provide technical 
     assistance to States and local governments for the 
     development of assessment and monitoring procedures for 
     floatable material to protect public health and safety in 
     coastal recreation waters.
       ``(g) List of Waters.--
       ``(1) In general.--Beginning not later than 18 months after 
     the date of publication of performance criteria under 
     subsection (a), based on information made available to the 
     Administrator, the Administrator shall identify, and maintain 
     a list of, discrete coastal recreation waters adjacent to 
     beaches or similar points of access that are used by the 
     public that--
       ``(A) specifies any waters described in this paragraph that 
     are subject to a monitoring and notification program 
     consistent with the performance criteria established under 
     subsection (a); and
       ``(B) specifies any waters described in this paragraph for 
     which there is no monitoring and notification program 
     (including waters for which fiscal constraints will prevent 
     the State or the Administrator from performing monitoring and 
     notification consistent with the performance criteria 
     established under subsection (a)).
       ``(2) Availability.--The Administrator shall make the list 
     described in paragraph (1) available to the public through--
       ``(A) publication in the Federal Register; and
       ``(B) electronic media.
       ``(3) Updates.--The Administrator shall update the list 
     described in paragraph (1) periodically as new information 
     becomes available.
       ``(h) EPA Implementation.--In the case of a State that has 
     no program for monitoring and notification that is consistent 
     with the performance criteria published under subsection (a) 
     after the last day of the 3-year period beginning on the date 
     on which the Administrator lists waters in the State under 
     subsection (g)(1)(B), the Administrator shall conduct a 
     monitoring and notification program for the listed waters 
     based on a priority ranking established by the Administrator 
     using funds appropriated for grants under subsection (i)--
       ``(1) to conduct monitoring and notification; and
       ``(2) for related salaries, expenses, and travel.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under subsection (b), 
     including implementation of monitoring and notification 
     programs by the Administrator under subsection (h), 
     $30,000,000 for each of fiscal years 2001 through 2005.''.

     SEC. 5. DEFINITIONS.

       Section 502 of the Federal Water Pollution Control Act (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(21) Coastal recreation waters.--
       ``(A) In general.--The term `coastal recreation waters' 
     means--
       ``(i) the Great Lakes; and
       ``(ii) marine coastal waters (including coastal estuaries) 
     that are designated under section 303(c) by a State for use 
     for swimming, bathing, surfing, or similar water contact 
     activities.
       ``(B) Exclusions.--The term `coastal recreation waters' 
     does not include--
       ``(i) inland waters; or
       ``(ii) waters upstream of the mouth of a river or stream 
     having an unimpaired natural connection with the open sea.
       ``(22) Floatable material.--
       ``(A) In general.--The term `floatable material' means any 
     foreign matter that may float or remain suspended in the 
     water column.
       ``(B) Inclusions.--The term `floatable material' includes--
       ``(i) plastic;
       ``(ii) aluminum cans;
       ``(iii) wood products;
       ``(iv) bottles; and
       ``(v) paper products.
       ``(23) Pathogen indicator.--The term `pathogen indicator' 
     means a substance that indicates the potential for human 
     infectious disease.''.

     SEC. 6. INDIAN TRIBES.

       Section 518(e) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1377(e)) is amended by striking ``and 404'' and 
     inserting ``404, and 406''.

     SEC. 7. REPORT.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, and every 4 years thereafter, the 
     Administrator of the Environmental Protection Agency shall 
     submit to Congress a report that includes--
       (1) recommendations concerning the need for additional 
     water quality criteria for pathogens and pathogen indicators 
     and other actions that should be taken to improve the quality 
     of coastal recreation waters;
       (2) an evaluation of Federal, State, and local efforts to 
     implement this Act, including the amendments made by this 
     Act; and
       (3) recommendations on improvements to methodologies and 
     techniques for monitoring of coastal recreation waters.
       (b) Coordination.--The Administrator of the Environmental 
     Protection Agency may coordinate the report under this 
     section with other reporting requirements under the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.).

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     provisions of this Act, including the amendments made by this 
     Act, for which amounts are not otherwise specifically 
     authorized to be appropriated, such sums as are necessary for 
     each of fiscal years 2001 through 2005.

  Mr. SMITH of New Hampshire. Mr. President, I am pleased that the 
Senate today has unanimously passed S. 522, the Beaches Environmental 
Assessment and Coastal Health Act of 2000 and H.R. 999, the Beaches 
Environmental Awareness, Cleanup, and Health Act of 1999. These bills 
reflect what we can do when we work together cooperatively, and on a 
bipartisan basis to protect the environment. Most importantly, they 
will result in significant environmental benefits on the ground--
cleaner and safer beaches for all Americans. I am proud to be a 
cosponsor of the Senate version of this legislation, S. 522.
  I want to thank Congressman Bilbray for taking the lead on this Beach 
legislation over the years and

[[Page 18983]]

for all his hard work in making sure we pass this legislation. Without 
his hard work and determination over the years we would not have passed 
this legislation today. I also would like to recognize Senator 
Lautenberg for his leadership on this issue in the Senate.
  Every year, over 180 million people visit coastal waters for 
recreational purposes. Over half of the population of the United States 
lives near a coastal area and traditionally a great majority of 
Americans visit coastal areas every year to swim, fish, hunt, dive, 
bike, view wildlife and learn. For many states, this tourism provides 
significant economic benefits. In fact, coastal recreation and the 
tourism industry are the second largest employers in the nation, and 
supporting 28.3 million jobs. In New Hampshire, for example, the 
seacoast region is one of the most popular tourism spots in the State. 
Rye Beach and Hampton Beach, to name a couple, provide beautiful 
vacation spots for those of us in New Hampshire and many of our friends 
in neighboring states.
  Unfortunately, pathogens found in sewage spills, storm water runoff, 
and combined sewer overflows are impairing water quality and 
threatening the health of the public who visit our nation's beaches. 
While some States have strong programs for monitoring and informing the 
public of the presence of pathogens that are harmful to human health, 
others do not.
  In response to the need for consistency among the States in 
monitoring and public notification of pathogens in coastal recreation 
waters, Representative Bilbray and Senator Lautenberg introduced their 
Beach bills.
  The bills require all states with coastal recreation waters to adopt 
water quality criteria that protect public health and welfare, 
consistent with EPA criteria guidance for pathogens and pathogen 
indicators. The legislation requires the Administrator of the 
Environmental Protection Agency, in cooperation with State and local 
governments, to publish performance criteria that provide guidance for 
state monitoring and assessment, and public notification programs that 
protect human health.
  The performance criteria will be used by the States as guidance to 
improve upon existing monitoring and notification programs or, in some 
States to establish monitoring and notification programs. In the case 
of New Hampshire, which as an extensive monitoring and notification 
program, these performance criteria will provide further guidance to 
improve upon our program.
  The bills provides $30 million over 5 years in grants to States and 
local communities for the implementation and development of these 
monitoring and notification programs. In certain situations, such as 
the early stage of a program, EPA will be able to award as a grant a 
large percentage, up to 100 percent, of the costs of developing a 
program to some states. This provides those few States without 
monitoring and notification programs a great incentive through grant 
funding to develop and implement this comprehensive program. Improving 
water quality at our nation's beaches, as well as implementing 
monitoring and public notification programs, will benefit all Americans 
who have a right to expect that they can safely swim in the water.
  The Committee filed the Report on S. 522 (Rept. No. 106-366) on 
August 25, 2000. The Committee Report and the text of S. 522, as 
amended in Committee, reflected a number of changes negotiated by the 
Committee and the two principle sponsors of the House and Senate bills, 
Congressman Brian Bilbray of California and Senator Frank Lautenberg. 
Over the past few months, I have worked with my colleagues on the 
Committee, particularly Senators Lautenberg and Baucus, and with 
Congressman Bilbray to continue to improve the language of this 
legislation. Together, we have crafted a comprehensive Manager's 
Amendment that I believe provides States with needed flexibility and 
enhances environmental protection. As the manager of the bill, and a 
cosponsor of the Senate bill, I am pleased that the Senate passed this 
Manager's Amendment as a substitute to the text of both H.R. 999 and S. 
522. Both bills, as passed by the Senate, reflect the agreements and 
principles set forth in Senate Report No. 106-366.
  I thank Senator Baucus and my other Committee colleagues, as well as 
Senators Lott and Daschle, for helping us continue the tradition of 
bipartisan action on environmental matters.

                          ____________________