[House Report 106-103]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
 1st Session            HOUSE OF REPRESENTATIVES                 106-103

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PROVIDING FOR THE CONSIDERATION OF H.R. 999, THE BEACHES ENVIRONMENTAL 
               ASSESSMENT, CLEANUP AND HEALTH ACT OF 1999

                                _______
                                

   April 21, 1999.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 145]

    The Committee on Rules, having had under consideration 
House Resolution 145, by a record vote of 11 to 0, report the 
same to the House with the recommendation that the resolution 
be adopted.

                  summary of provisions of resolution

    The resolution provides for the consideration of H.R. 999, 
the ``Beaches Environmental Assessment, Cleanup and Health Act 
of 1999'' under an open rule. The rule provides one hour of 
general debate divided equally between the chairman and ranking 
minority member of the Committee on Transportation and 
Infrastructure.
    The rule makes in order the Committee on Transportation and 
Infrastructure amendment in the nature of a substitute as an 
original bill for the purpose of amendment, which shall be open 
for amendment by section. The rule further provides for the 
consideration of the manager's amendment printed in this 
report, if offered by Representative Shuster or his designee. 
The manager's amendment shall be considered as read, may amend 
portions of the bill not yet read for amendment, shall not be 
subject to amendment or to a division of the question, and is 
debatable for 10 minutes equally divided between the proponent 
and an opponent. If adopted, the amendment is considered as 
part of the base text for further amendment purposes.
    The rule allows for the Chairman of the Committee of the 
Whole to postpone votes during consideration of the bill, and 
to reduce voting time to five minutes on a postponed question 
if the vote follows a fifteen minute vote.
    Members who have preprinted their amendments in the Record 
prior to their consideration will be given priority in 
recognition to offer their amendments if otherwise consistent 
with House rules. Finally, the rule provides for one motion to 
recommit, with or without instructions.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 17

    Date: April 21, 1999.
    Measure: H.R. 999, the Beaches Environmental Assessment, 
Cleanup and Health Act of 1999.
    Motion by: Mr. Goss.
    Summary of motion: To report the resolution.
    Results: Adopted 11 to 0.
    Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings--Yea; Myrick--Yea; Sessions--Yea; 
Reynolds--Yea; Moakley--Yea; Frost--Yea; Dreier--Yea.

 An Amendment To Be Offered by Representative Shuster of Pennsylvania, 
                or a Designee, Debatable for 10 Minutes

    Page 2, line 5, strike ``Assessment'' and insert 
``Awareness''.
    Page 3, line 8, strike ``If a State'' and all that follows 
through ``paragraph (1)(A),'' on line 10 and insert the 
following:
        If a State has not adopted water quality criteria 
        referred to in paragraph (1)(A) that are as protective 
        of human health as the criteria for pathogens and 
        pathogen indicators for coastal recreation waters that 
        the Administrator has published under section 
        304(a)(9),
    Page 6, line 13, after ``State,'' insert ``tribal,''.
    Page 7, line 9, strike ``shall'' and insert ``is authorized 
to''.
    Page 7, line 10, after ``States'' insert ``, Indian 
tribes,''.
    Page 7, line 14, after ``State'' insert ``and tribal''.
    Page 7, line 16, strike ``shall'' and insert ``is 
authorized to''.
    Page 7, line 16, after ``State'' insert ``or Indian 
tribe''.
    Page 7, line 23, after ``State'' insert ``or Indian 
tribe''.
    Page 7, line 25, strike ``shall'' and insert ``is 
authorized to''.
    Page 8, line 1, after ``State'' insert ``or Indian tribe''.
    Page 8, line 9, after ``State'' insert ``or Indian tribe''.
    Page 8, line 14, after ``State'' insert ``or Indian 
tribe''.
    Page 8, line 19, after ``State'' insert ``or Indian 
tribe''.
    Page 10, line 17, after ``State'' insert ``or tribal''.
    Page 11, line 8, strike ``shall'' and insert ``is 
authorized to''.
    Page 11, line 17, strike ``shall'' and insert ``is 
authorized to''.
    Page 12, line 15, after ``State'' insert ``, Indian 
tribe,''.
    Page 12, line 17, after ``State'' insert ``, Indian tribe, 
''.
    Page 13, after line 20, insert the following:
    ``(c) Federal Agency Programs.--Each Federal agency shall 
develop, through a process that provides for public notice and 
an opportunity for comment, a program for monitoring and 
notification to protect public health and safety that meets the 
performance criteria established under subsection (a) for 
coastal recreation waters adjacent to beaches (or other points 
of access) that are open to the public and subject to the 
jurisdiction of the Federal agency. Each Federal agency program 
shall address the matters identified in subsection 
(b)(2)(B)(iii).
    Page 13, line 21, strike ``(c)'' and insert ``(d)''.
    Page 14, line 5, strike ``The Administrator'' and all that 
follows through line 10 and insert the following: ``The 
Administrator may include in the database other information 
only if the information is on exceedances of applicable water 
quality standards for pathogens and pathogen indicators for 
coastal recreation waters and is made available to the 
Administrator from other coastal water quality monitoring 
programs determined to be reliable by the Administrator. The 
database may provide such information through electronic links 
to other databases determined to be reliable by the 
Administrator.''
    Page 14, line 11, strike ``(d)'' and insert ``(e)''.
    Page 14, line 12, after ``States'' insert ``, Indian 
tribes,''.
    Page 14, line 16, strike ``(e)'' and insert ``(f)''.
    Page 15, strike lines 8 through 19 and insert the 
following:
    ``(g) EPA Implementation.--With respect to a State that has 
no program for monitoring for and notification of exceedances 
of the applicable water quality standards for pathogens and 
pathogen indicators in coastal recreation waters adjacent to 
beaches (or other points of access) open to the public that 
protects public health and safety, after the last day of the 3-
year period beginning on the date the Administrator identifies, 
on a list required pursuant to subsection (f), discrete areas 
of coastal recreation waters in the State that are not subject 
to a monitoring and notification program meeting the 
performance criteria established under subsection (a), the 
Administrator shall conduct, subject to the conditions of 
subsection (b)(2), a monitoring and notification program for 
such discrete areas using the funds appropriated for grants 
under subsection (b), including salaries, expenses, and travel.
    Page 15, line 20, strike ``(g)'' and insert ``(h)''.
    Page 15, line 21, after ``States'' insert ``, Indian 
tribes,''.
    Page 16, line 7, insert ``coastal'' before ``estuaries''.