    [Senate Hearing 117-92]
    [From the U.S. Government Publishing Office]

                                                             S. Hrg. 117-92

                                BUSINESS MEETING

    =======================================================================

                                    MEETING

                                     OF THE

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 MARCH 24, 2021

                                   __________

      Printed for the use of the Committee on Environment and Public Works

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov

                                    __________

                        U.S. GOVERNMENT PUBLISHING OFFICE
    45-965 PDF                 WASHINGTON : 2021

    -----------------------------------------------------------------------------------

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED SEVENTEENTH CONGRESS

                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
    BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West
    BERNARD SANDERS, Vermont                 Virginia,
    SHELDON WHITEHOUSE, Rhode Island         Ranking Member
    JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
    EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
    TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
    DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
    MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
    ALEX PADILLA, California             ROGER WICKER, Mississippi
                                         DAN SULLIVAN, Alaska
                                         JONI ERNST, Iowa
                                         LINDSEY O. GRAHAM, South Carolina

                 Mary Frances Repko, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 MARCH 24, 2021
                               OPENING STATEMENTS

    Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
    Capito, Hon. Shelley Moore, U.S. Senator from the State of West
      Virginia.......................................................     3

                                  LEGISLATION

    Nomination Reference and Report, PN 79-7, Brenda Mallory, of
      Maryland, to be a Member of the Council on Environmental
      Quality........................................................    61
    Nomination Reference and Report, PN 79-8, Janet Garvin McCabe, of
      Indiana, to be Deputy Administrator of the Environmental
      Protection Agency..............................................    62
    S. 400, To designate the headquarters building of the Department
      of Transportation located at 1200 New Jersey Avenue, SE, in
      Washington, DC, as the ``William T. Coleman, Jr., Federal
      Building''.....................................................    63
    Amendment in the nature of a substitute, S. 914, To amend the
      Safe Drinking Water Act and the Federal Water Pollution Control
      Act to reauthorize programs under those Acts, and for other
      purposes.......................................................    65

                              ADDITIONAL MATERIAL

    Letter to:
        Senators Carper and Capito from the American Public Works
          Association, March 23, 2021................................    15
        Senators Carper and Capito from the Council of Infrastructure
          Financing Authorities, March 23, 2021......................    17
        Senators Carper and Capito from the National Association of
          Sewer Service Companies, March 23, 2021....................    20
        Senators Carper and Capito from the U.S. Conference of Mayors
          et al., March 23, 2021.....................................    23
        Senators Carper and Capito from the National Onsite
          Wastewater Recycling Association, March 23, 2021...........    25
        Senators Carper and Capito from the Water Environment
          Federation, March 23, 2021.................................    26
        Senators Carper and Capito from the WateReuse Association,
          March 22, 2021.............................................    31
        Senators Carper and Capito from the National Rural Water
          Association, March 23, 2021................................    33
        Senators Carper and Capito from the American Water Works
          Association, March 23, 2021................................    35
        Senators Carper and Capito from the Portland Cement
          Association, March 23, 2021................................    38
        Senators Carper and Capito from the Association of
          Metropolitan Water Agencies, March 23, 2021................    40
        Senators Carper and Capito from the National Wildlife
          Federation, March 23, 2021.................................    42
        Senator Carper et al., from the National Association of Clean
          Water Agencies, March 23, 2021.............................    45
        Senator Carper et al., from the Natural Resources Defense
          Council, March 23, 2021....................................    49
        Senators Carper and Capito from Clean Water Action, March 23,
          2021.......................................................    50
        Senators Carper and Capito from the Healing Our Waters--Great
          Lakes Coalition, March 23, 2021............................    51
        Senator Charles E. Schumer et al., from the Water Equity and
          Climate Resilience Caucus, March 23, 2021..................    53
        Senator Carper et al., from the Rural Community Assistance
          Partnership, March 24, 2021................................    56
        Senators Carper and Capito from the National Stone, Sand &
          Gravel Association, March 24, 2021.........................    58
        Senators Carper and Capito from the Association of Equipment
          Manufacturers, March 24, 2021..............................   174

                                BUSINESS MEETING

                                  ----------

                           WEDNESDAY, MARCH 24, 2021

                                           U.S. Senate,
                     Committee on Environment and Public Works,
                                                        Washington, DC.
        The Committee, met, pursuant to notice, at 9:34 a.m. in
    room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (Chairman of the Committee) presiding.
        Present: Senators Carper, Capito, Cardin, Sanders,
    Whitehouse, Merkley, Markey, Duckworth, Stabenow, Kelly,
    Padilla, Cramer, Lummis, Boozman, Wicker, and Ernst.

              OPENING STATEMENT OF HON. THOMAS R. CARPER,
                U.S. SENATOR FROM THE STATE OF DELAWARE

        Senator Carper. Good morning, everybody. I am pleased to
    join Senator Capito in calling this business meeting to order
    as we prepare to consider two nominations, a water
    infrastructure bill, and legislation to honor a barrier
    breaking leader in transportation.
        First, let me say that I am delighted and grateful that we
    are voting today on important water legislation that is the
    result of months of collaboration by members of this Committee
    on both sides of the aisle and the hard work of the members of
    both staffs. The Drinking Water and Wastewater Infrastructure
    Act increases our Government's commitment to providing safe and
    resilient water systems to cities and communities, both large
    and small.
        I especially want to thank some of the members of the water
    staff, the water team on the majority side, John Kane, Annie
    D'Amato, Mackie McIntosh, Lizzy Olsen, Lizzy with Senator
    Duckworth. On the minority side, Travis, thank you; Jess
    Kramer, and Adam Stewart, who I believe, work for Senator
    Lummis, I think.
        This bill authorizes funding for the EPA's Clean Water and
    Safe Drinking Water State Revolving Funds and directs
    resources, particularly to disadvantaged, rural, and tribal
    communities. This bill helps to ensure that the drinking water
    coming out of the faucets across the country is safe to drink,
    regardless of a neighborhood's zip code or the economic status
    of its citizens.
        I especially want to thank Senators Capito, Duckworth,
    Lummis, and Cardin for their partnership and leadership on this
    legislation. Senators Cardin and Wicker have helped to address
    water affordability for people who are struggling to pay their
    water bills. We especially appreciate their efforts.
        I am also proud that we are considering a bipartisan bill
    to name the Department of Transportation headquarters here in
    Washington, DC, after the late William T. Coleman, the first
    African American ever to lead that agency. Mr. Coleman brought
    to the USDOT a special focus on improving life in our cities
    and lowering air pollution from our transportation systems.
    Today, we come together to recognize his lifetime of service to
    this country.
        Today, we are also considering a couple of the President's
    nominees. Up first is Brenda Mallory, who has been nominated to
    serve as Chair of the White House Council on Environmental
    Quality, or CEQ. No stranger to CEQ, Ms. Mallory served there
    for a number of years after an impressive tenure of more than a
    decade at EPA, including under President George W. Bush. She
    has earned respect from both sides of the aisle and would be
    the first African American to lead CEQ, if confirmed.
        I am confident that Ms. Mallory will ensure that bedrock
    protections for the National Environmental Policy Act are being
    fairly and adequately deployed to safeguard clean air and water
    throughout our country. She is an effective and proven leader
    who brings people together to find lasting solutions to some of
    the most pressing challenges. Thirteen, no fewer than 13 past
    Republican CEQ chairs and EPA appointees recently sent us a
    letter supporting Ms. Mallory's nomination, and I will be proud
    to vote for her today.
        Shelley said, are any Democrats for her? And I said, well,
    a few. A few are, but we have a ton of Republicans, so we will
    see how it works out.
        Next, we are considering our President's choice for Deputy
    Director of the EPA, and that would be Janet McCabe. We would
    be hard pressed to find many others with Ms. McCabe's level of
    experience and understanding of the inner workings of this
    agency. After the chaos of the past 4 years, I have every
    confidence that Ms. McCabe is the kind of steady hand we need
    working with Administrator Michael Regan to rebuild morale and
    restore scientific integrity in this agency.
        Another leader who enjoys support from across the political
    spectrum, Ms. McCabe has been recommended by no less than nine
    people who have previously served in the role for which she is
    been nominated, five are Democrats and four are Republicans.
        Members of this Committee have heard me say more than a few
    times that true leaders are humble, not haughty. They have the
    hearts of a servant and understand that their job is to serve,
    not be served. Brenda Mallory and Janet McCabe will each be
    that kind of leader. I am confident that they will serve the
    American people with integrity and humility.
        Let me just close, if I could, by noting how proud I am
    today to lead this Committee with our Ranking Member, Senator
    Capito. I believe collectively we have shown again today that
    we can come together across the aisle to help meet the pressing
    water infrastructure needs of the American people.
        We can do that with our nominations before us, too.
    Throughout this entire process, Brenda Mallory and Janet McCabe
    have conducted themselves with dignity and honor. Neither of
    them have uttered a partisan or divisive word during the
    confirmation process. I urge our colleagues to join me in
    supporting them today.
        In the unlikely event that they prove to be unreasonable or
    unresponsive, should they be confirmed, we will invite them to
    come back before this Committee again and answer bipartisan
    questions, although I highly doubt that that need will arise.
        Just as this Committee comes together on water, I hope we
    can come together to confirm these highly qualified nominees. I
    am proud to support all measures before us today, and I am
    grateful to everyone who has worked on them. I hope all of our
    colleagues will join me in that support.
        With that said, let me turn to our Ranking Member, Senator
    Capito, and again, my thanks for all of your help and that of
    your staff.
        Thank you.

            OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
              U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

        Senator Capito. Thank you, Mr. Chairman.
        I want to thank the members of the Committee, and thank you
    for your partnership is developing this water infrastructure
    bill, and the Subcommittees that have worked on this.
        When you said if they decided to be unresponsive or
    unresponsible, I thought you were talking about us. That is how
    bad it is. Actually you were making a reference to if our
    nominees are not responsive, to bring them in front of the
    Committee, so excuse me for my thought.
        Anyway, only 2 months into this Congress, this Committee is
    passing bipartisan common sense legislation through regular
    order. I think that is terrific. I look forward at that same
    path that we are working on now on our surface transportation
    reauthorization bill.
        I want to talk about the two nominees. I don't think you
    will be surprised, you and I have talked about this. I strongly
    support this legislation, but I do oppose the two nominees,
    Janet McCabe and Brenda Mallory. I do appreciate their
    willingness to serve, and I certainly don't question their
    integrity. The problem is, I have concerns about the policy
    vision as it relates to my State and our country.
        As the architect of the Clean Power Plan, Ms. McCabe has
    not shied away from her support for this overreaching policy.
    Just the opposite; Ms. McCabe has basically doubled down.
        In 2019, McCabe wrote an op-ed with Gina McCarthy and Joe
    Goffman, who is now running the Air Office at EPA. We know that
    Gina McCarthy is the climate czar in the White House. McCabe
    supported rulemaking to ``deepen and accelerate CO2
    reductions'' a continuation of policies beyond the Clean Power
    Plan. That is right, in her opinion, this op-ed, the Clean
    Power Plan did not go far enough.
        West Virginia's Attorney General, Patrick Morrissey, wrote
    a letter to Chairman Carper and me in opposition of Ms.
    McCabe's nomination. As the Attorney General stated, ``There is
    a right and wrong path, and a bipartisan rejection of this
    nomination is one of the ways we can steer the right course
    going forward rather than return to the mistakes of the past.''
    I agree with our Attorney General.
        In 2019, my colleagues Joe Manchin and Kyrsten Sinema voted
    against reinstating the Clean Power Plan. Opposition to the
    Clean Power Plan was and is bipartisan. I expect policies that
    would be created by EPA under Janet McCabe's leadership would
    also have tough sledding. I think a fresh start with a vision
    of achieving environmental goals while weighing impacts would
    be a better start, so I cannot support Janet McCabe.
        I also can't support Brenda Mallory, and I appreciate her
    openness. We have had several conversations, as I have had with
    Ms. McCabe, as well. Ms. Mallory has stood against long overdue
    reforms of environmental reviews under the National
    Environmental Policy Act, known as NEPA. She voiced outright
    opposition to the Trump administration's NEPA rule, saying,
    ``You almost don't have a choice but to remove the whole
    thing.'' She did not commit to a presumptive 2 year time limit
    for completing environmental impact statements.
        We simply cannot be content with an average of 7 years to
    complete an environmental impact statement for a highway
    project. Most in Congress agree that the NEPA process needs
    significant improvement. The truth is there is broad support
    for NEPA reform, from State governments to the American Road
    and Transportation Builders Association, to North America's
    building trade unions. Those who want to address our
    transportation backlogs, grow our economy, and secure financing
    know certainty and clarity are needed.
        As I have said before, if we want to build back better, we
    have to be able to actually build.
        My opposition to Ms. McCabe and Ms. Mallory is based on
    fundamental differences of opinion I have with them about the
    direction of the country.
        Where I do agree with you, Mr. Chairman, is on the
    legislation we have in front of us today. Together, we can be
    an example for our Nation of what bipartisan, thoughtful, and
    common sense policies look like.
        During last week's hearing, we heard from a panel of
    experts about challenges facing this country's drinking water
    and wastewater infrastructure. We also received testimony on
    solutions.
        I want to highlight just a couple of the themes that I
    heard from our witnesses. First, continued and additional
    funding is necessary for both the maintenance of existing
    drinking water and wastewater infrastructure and for the
    construction of our new projects. That said, funding must be
    targeted so that it reaches the communities with the greatest
    needs and maximizes return on our taxpayers' dollar.
        Second, investment in our Nation's water work force is
    vital to ensuring the effectiveness and longevity of water
    infrastructure investments. We heard about that from every
    single witness that we heard. I am pleased that the bipartisan
    provisions in this bill that I have championed with Senator
    Booker, actually, are these two issues that are included.
        Also high in importance to me, and included in the bill, is
    funding for decentralized wastewater systems. So many of our
    rural communities rely on these septic systems. This bill also
    invests in the operational sustainability and physical
    resilience of our water systems. We address the growing
    challenges posed by cybersecurity vulnerabilities to our
    drinking water supplies.
        Today's bipartisan package addresses these themes, and I
    urge approval by my colleagues. I am also proudly supporting
    and cosponsoring S. 400, Senator Wicker's bill to name the main
    Department of Transportation building in Washington, DC, after
    a truly dedicated public servant, Mr. William T. Coleman, Jr.
        With that, I urge my colleagues to oppose both of the
    nominees today, but I strongly support both of these bills, and
    I thank you again.
        Senator Carper. Thank you so much.
        I am going to ask Senator Wicker if he would be willing to
    say a word or two with respect to William Coleman.
        Senator Wicker. Yes, thank you. I know we have myriad
    tasks, and I don't want to prolong the vote. But I do think
    members need to understand what an excellent public servant we
    are honoring by moving this bill along to the floor.
        William T. Coleman was an accomplished legal scholar, World
    War II veteran, and civil rights leader before he left his mark
    on history by becoming a cabinet secretary. Bill Coleman was
    the first African American clerk to the U.S. Supreme Court. As
    a young attorney, he worked on five cases for the NAACP Legal
    Defense Fund that led directly to the court's landmark ruling
    in Brown v. Board of Education. He was also co-council in
    McLaughlin v. Florida, a case that led to the end of State bans
    on interracial marriage.
        Bill Coleman later served on presidential commissions
    during the Eisenhower, Kennedy, Johnson, and Nixon
    administrations. Then, in 1975, he was selected by President
    Gerald Ford to be the Nation's fourth Secretary of
    Transportation, and the first African American to hold this
    position. Upon his confirmation, Coleman became the second
    African American to hold any cabinet level position.
        Secretary Coleman provided a forward looking vision for the
    future of transportation, spearheading the first comprehensive
    national study on transportation policy and several important
    reform efforts. The William T. Coleman, Jr., Department of
    Transportation Headquarters Act will name the Department of
    Transportation headquarters after this groundbreaking leader.
        I want to thank my colleagues for co-sponsoring. That
    includes Chairman Carper, Ranking Member Capito, Senators
    Cantwell, Tim Scott, Booker, Warnock, Toomey, Casey, Sullivan,
    Inhofe, Duckworth, and Barrasso. This is a fitting tribute for
    a distinguished public servant, which will honor his legacy for
    many years to come.
        I thank you, Mr. Chairman.
        Senator Carper. Thanks so much, and thank you for the
    reminder of the great role that he has played for our country
    all those years. Thank you so much.
        I want to ask Senator Cardin if he, and again, I don't want
    to pick on you, Senator Wicker, but would you be willing to say
    a few words about the good work that the two of you have done
    with respect to affordability in impoverished communities as we
    try to move this legislation forward, Ben?
        Senator Cardin. Well, thank you, Chairman and Ranking
    Member, for the bipartisan manner in which we are bringing
    forward very important legislation today.
        Senator Wicker and I have worked on many issues together,
    including global human rights, but we also work on the needs of
    the people in our own country, and I just want to congratulate
    the Committee leadership for forwarding legislation in the
    bipartisan manner the mission of our Committee for drinking
    water and wastewater infrastructure. Critically important.
        I want to thank you for including a provision that Senator
    Wicker and I authored to help low income families in the
    affordability of their water bills. This is a pilot program
    based upon factual information that is required to be obtained
    in order to move forward with the affordability issue, so I
    want to thank the leadership for including that provision in
    this legislation.
        Senator Carper. We are happy to do it.
        Thank you.
        Senator Wicker, a comment please, on this? Go ahead.
        Senator Wicker. Once again, I am glad to be a teammate with
    my dear friend, and I urge the unanimous passage of this
    legislation.
        Senator Carper. Thanks so much.
        All right. Senator Duckworth, please.
        Thank you for being our Democratic lead on this bill; thank
    you.
        Senator Duckworth. I have to say, thank you first and
    foremost, Mr. Chairman, to you, and also to Senator Cardin for
    allowing me to lead this bill. It is very generous of you. It
    is so important to my home State, where we are home to 25
    percent of the lead water lines in the entire Nation. We have
    exponentially more lead water lines than any other State in the
    Nation. We are also a State that sees significant injustice
    when it comes to infrastructure and environmental injustice.
        So I just want to thank Chairman Carper for your very
    strong leadership and willingness to work with me in making a
    comprehensive water infrastructure bill a reality. I know that
    both of you, all of us, share a belief that to truly build back
    better, our Nation must prioritize putting Americans back to
    work repairing, upgrading the aging pipes we all depend on to
    deliver our water.
        I also want to thank Ranking Member Capito and Subcommittee
    Ranking Member Lummis for working with us to make our drinking
    water and wastewater infrastructure bill a truly bipartisan
    proposal that meets the needs of the diverse communities we
    represent.
        Of course, as I have said, the threat is particularly
    pressing in Illinois. My home State has the misfortune of
    containing more lead service lines than any other State in the
    country. In fact, over 23 percent of our Nation's lead service
    lines may be located in Illinois. Furthermore, the city of
    Chicago is home to more lead service lines than any other city
    in the United States.
        I speak regularly, both with Governor Pritzker and Chicago
    Mayor Lightfoot; in fact, I spoke with both of them just within
    the last 72 hours about this very issue. They joined me in
    being ready and willing to fix this problem, but they need the
    Federal Government to step up.
        But it is not just the Mayor of Chicago; it is also the
    Mayor of Peoria, the Mayor of Alton, Illinois. It is the farmer
    who farms in El Paso, Illinois. They all need clean drinking
    water, as well. Our States and municipalities, regardless of
    political affiliation, regardless of red or blue State, are
    ready to tackle this issue, and we here at the Federal level to
    do our part.
        A chilling Chicago Tribune report published last week
    revealed that between 2015 and 2020, tap water measurements in
    dozens of Illinois homes showed hundreds and even thousands of
    parts per billion of lead. These extreme levels match what
    researchers found during the same period in Flint, Michigan.
        As with many problems in our Nation, this lead
    contamination is often the worst in black and brown
    communities. Data from one predominantly black community in
    Illinois showed as much as 5,300 parts per billion of lead in
    the drinking water, when the EPA action level is just 15 parts
    per billion, and the Centers for Disease Control and Prevention
    strongly warns parents that there is no safe level of lead
    exposure for a child.
        Years of failures to make adequate investments on a
    nationwide scale in our water infrastructure has led to a
    status quo where thousands of constituents, our constituents,
    are served drinking water through what, essentially, is a lead
    straw. This is a dire public health crisis, and we must do more
    to stop it.
        In favorably reporting our bill to the full Senate for
    consideration, this Committee has taken an important first and
    significant step forward toward achieving our objectives.
        Of course, our work is not complete. I want to again
    express my appreciation for Chairman Carper, for his commitment
    to work with me as we move through the floor to integrate and
    refine provisions, to strengthen programs that help support
    full lead service line replacement in Illinois and throughout
    the country.
        Thank you again for your support in this effort.
        Chairman Carper, I look forward to making safe water a
    priority as we together get this Drinking Water and Wastewater
    Infrastructure Act of 2021 across the finish line.
        Thank you.
        Senator Carper. Senator Duckworth, thank you for that
    statement. Thanks for your leadership.
        Let me turn, before we go to a vote, we will have a quorum,
    and we are ready to vote, but Senator Lummis, let me just yield
    to you for a statement as well, and then we will start voting.
    Anyone after that who has something that you would like to add
    to the record, feel free.
        Senator Lummis.
        Senator Lummis. Thank you, Mr. Chairman. Wastewater, clean
    drinking water, safe drinking water are important to all of us,
    of course, Democrat, Republican, rich and poor, in rural and
    urban areas, so I want to applaud everyone who worked on this
    bill, particularly our personal staffs, the Committee staffs,
    minority and majority party both.
        Thank you, Mr. Chairman.
        Thank you, Ranking Member Capito, and thank you, Senator
    Duckworth. It is very nice to work with you all.
        Thank you. I yield back.
        Senator Carper. It is great to have you here.
        All right. Anyone who would like to speak after the vote,
    you are most welcome to do that. We have some folks who have to
    get to other hearings, meetings, for the voting as well.
        Now, I would like to call up Presidential Nomination 79-7,
    that is Brenda Mallory of Maryland to be a Member and Chair of
    the Council on Environmental Quality. I move to approve and
    report the nomination favorably to the Senate.
        Is there a second?
        Senator Cardin. Second.
        Senator Carper. It has been seconded. The clerk will call
    the roll.
        The Clerk. Mr. Boozman.
        Senator Boozman. No.
        The Clerk. Mrs. Capito.
        Senator Capito. No.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Cramer.
        Senator Cramer. No.
        The Clerk. Ms. Duckworth.
        Senator Duckworth. Aye.
        The Clerk. Ms. Ernst.
        Senator Ernst. No.
        The Clerk. Mr. Graham.
        Senator Capito. Yes, by proxy.
        The Clerk. Mr. Inhofe.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Kelly.
        Senator Kelly. Aye.
        The Clerk. Ms. Lummis.
        Senator Lummis. No.
        The Clerk. Mr. Markey.
        Senator Markey. Aye.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Padilla.
        Senator Padilla. Aye.
        The Clerk. Mr. Sanders.
        Senator Sanders. Yes.
        The Clerk. Mr. Shelby.
        Senator Capito. No, by proxy.
        The Clerk. Ms. Stabenow.
        Senator Stabenow. Aye.
        The Clerk. Mr. Sullivan.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. Aye.
        The Clerk. Mr. Wicker.
        Senator Wicker. No.
        The Clerk. Mr. Chairman.
        Senator Carper. Aye.
        The Clerk. Mr. Chairman, the yeas are 11, the nays are 9.
        Senator Carper. Thank you very much.
        Now, I would like to call up Presidential Nomination 79-8.
    That is of Janet McCabe of Indiana to serve as Deputy
    Administrator of the Environmental Protection Agency. I move to
    approve and report the nomination favorably to the Senate.
        Is there a second?
        Senator Lummis. Second.
        Senator Carper. The clerk will call the roll.
        The Clerk. Mr. Boozman.
        Senator Boozman. No.
        The Clerk. Mrs. Capito.
        Senator Capito. No.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Cramer.
        Senator Cramer. No.
        The Clerk. Ms. Duckworth.
        Senator Duckworth. Aye.
        The Clerk. Ms. Ernst.
        Senator Ernst. No.
        The Clerk. Mr. Graham.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Inhofe.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Kelly.
        Senator Kelly. Aye.
        The Clerk. Ms. Lummis.
        Senator Lummis. No.
        The Clerk. Mr. Markey.
        Senator Markey. Aye.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Padilla.
        Senator Padilla. Aye.
        The Clerk. Mr. Sanders.
        Senator Sanders. Aye.
        The Clerk. Mr. Shelby.
        Senator Capito. No, by proxy.
        The Clerk. Ms. Stabenow.
        Senator Stabenow. Aye.
        The Clerk. Mr. Sullivan.
        Senator Capito. No, by proxy.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. Aye.
        The Clerk. Mr. Wicker.
        Senator Wicker. Aye.
        The Clerk. Mr. Chairman.
        Senator Carper. Aye.
        The Clerk. Mr. Chairman, the yeas are 11, the nays are 9.
        Senator Carper. Senator Capito, would you just repeat what
    you just said to me, please?
        Senator Capito. Yes, thank you. My mistake here, when I
    voted, when I said Senator Graham's ``No'' vote, I should have
    said, ``No, by proxy.'' I would like to have that recorded as a
    proxy vote.
        The Clerk. Yes, ma'am.
        Senator Carper. The clerk will restate the outcome, please.
    Would you just restate the outcome, please, of the last vote?
        The Clerk. Yes. The yeas are 11, the nays are 9.
        Senator Carper. That sounds just about as close as it gets,
    but at the end of the day, it will be a ``W'' for us, and I
    hope for our country. I think so.
        Whether you voted yes or no, I am glad we got this far, the
    opportunity to put out the nominations, and we will have an
    opportunity to revisit.
        I am going to be encouraging both nominees. They clearly
    have some work to do, in talking with especially our Republican
    colleagues. As we go forth, from this date, I want to make sure
    that your voices are heard with all these nominees, if they are
    confirmed, so thank you.
        With that, let's turn to the Drinking Water and Wastewater
    Infrastructure Act. I want to thank everybody for being here.
    We needed everybody, so I thank you for coming.
        Senator Capito and I would like to consider S. 914, which
    was introduced yesterday and is identical to the bill
    circulated to all members of the Committee on Friday as the
    base text for the Committee's consideration. Therefore, by
    unanimous consent, S. 914 is considered the base text.
        Is there objection?
        [No audible response.]
        Senator Carper. Hearing none.
        I am pleased that we are able to work with Senators Capito,
    Duckworth, Lummis, Cardin, and Cramer to resolve the
    outstanding issues with the circulated text. The bipartisan
    agreement is embodied in the Carper-Capito Amendment No. 1.
        I move to adopt the Carper-Capito Substitute Amendment.
    Senator Capito and I have agreed to do this by voice vote. All
    in favor, please say aye.
        [Chorus of ayes.]
        Senator Carper. Opposed, say nay.
        [No audible response.]
        Senator Carper. The ayes have it.
        I now move that the Committee report S. 914, the Drinking
    Water and Wastewater Infrastructure Act of 2021 as amended.
        Is there a second?
        Senator Capito. Second.
        Senator Carper. The clerk will call the roll.
        The Clerk. Mr. Boozman.
        Senator Boozman. Yes.
        The Clerk. Mrs. Capito.
        Senator Capito. Yes.
        The Clerk. Mr. Cardin.
        Senator Cardin. Aye.
        The Clerk. Mr. Cramer.
        Senator Cramer. Aye.
        The Clerk. Ms. Duckworth.
        Senator Duckworth. Aye.
        The Clerk. Ms. Ernst.
        Senator Ernst. Aye.
        The Clerk. Mr. Graham.
        Senator Capito. Aye, by proxy.
        The Clerk. Mr. Inhofe.
        Senator Capito. Aye, by proxy.
        The Clerk. Mr. Kelly.
        Senator Kelly. Aye.
        The Clerk. Ms. Lummis.
        Senator Lummis. Aye.
        The Clerk. Mr. Markey.
        Senator Markey. Aye.
        The Clerk. Mr. Merkley.
        Senator Merkley. Aye.
        The Clerk. Mr. Padilla.
        Senator Padilla. Aye.
        The Clerk. Mr. Sanders.
        Senator Sanders. Aye.
        The Clerk. Mr. Shelby.
        Senator Capito. Aye, by proxy.
        The Clerk. Ms. Stabenow.
        Senator Stabenow. Aye.
        The Clerk. Mr. Sullivan.
        Senator Capito. Aye, by proxy.
        The Clerk. Mr. Whitehouse.
        Senator Whitehouse. Aye.
        The Clerk. Mr. Wicker.
        Senator Capito. Aye, by proxy.
        The Clerk. Mr. Chairman.
        Senator Carper. Aye.
        The Clerk. Mr. Chairman, the yeas are 20, the nays are
    zero.
        Senator Carper. Say that again, I think you said 20 to
    zero. Was that 20 to zero?
        The Clerk. Mr. Chairman, the yeas are 20, the nays are
    zero.
        Senator Carper. Is that a unanimous vote, Mr. Clerk?
        [Laughter.]
        Senator Carper. That is good. That is great.
        OK, folks, we can be proud of that. I am very proud of all
    of us, and in particular, our staffs who have worked on this.
    This legislation is favorably reported. Thank you all.
        Final business before us today is S. 400, the William T.
    Coleman, Jr., Department of Transportation Headquarters Act,
    and I move to favorably report S. 400.
        Senator Wicker, would you like to second that?
        He is not here.
        Senator Capito. Second.
        Senator Carper. All right. It has been moved, and seconded.
        All in favor, say aye.
        [Chorus of ayes.]
        Senator Carper. Opposed, say nay.
        [No audible response.]
        Senator Carper. I don't hear any nays. In the opinion of
    the chair, the ayes have it, and the legislation is reported.
        The voting portion of our meeting is concluded. I want to
    thank everyone for joining us today and for the hard work that
    has gone into this.
        Is there anyone who would like to make a statement at this
    point in time?
        Senator Padilla is recognized.
        Senator Padilla. Sure. Thank you, Mr. Chairman. Mr. Chair,
    I want to thank you and Ranking Member Capito and your staffs
    for the hard work that went into crafting this significant bill
    that we just acted upon.
        But I want to take this opportunity, colleagues, to call
    attention to the 1 million Californians who cannot drink their
    tap water due to contamination. I believe this bill will make a
    meaningful difference in helping deliver clean, safe drinking
    water to millions of Californians.
        In particular, I would like to highlight some priorities of
    mine that are included in the legislation: Reauthorization of
    the Water Infrastructure Finance and Innovation Act, known as
    WIFIA, which has provided $3.3 billion in financing for
    California water projects, grants to assist small and
    disadvantaged communities that do not have safe drinking water,
    which is critical as California enters yet another year of
    drought, and the new EPA pilot program for low income water
    rate assistance, the Rural and Low Income Drinking Water
    Assistance Pilot Program.
        I particularly want to focus on this last one, given the
    water debt emergency facing my State and others across the
    country as a result of the COVID-19 pandemic. One in eight
    California households currently have unpaid water bills,
    totaling an estimated $1 billion.
        Mr. Chairman, I would like to ask consent to submit a
    letter into the record from a broad coalition of California
    organizations, communities, and water agencies emphasizing the
    critical need to address this and other equity issues
    surrounding affordable, safe drinking water. I think the pilot
    program included in this bill is a good start, but we must do
    much more.
        Mr. Chairman, I hope to work you and Ranking Member Capito
    on a bipartisan basis as this bill moves to the floor to
    include a permanent, long term assistance program to help low
    income Americans access safe drinking water, just like we have
    programs to help low income Americans with their energy bills.
        Thank you, Mr. Chairman.
        Senator Carper. Senator Padilla, would you make your
    unanimous consent request again, please?
        Senator Padilla. Yes. Request to ask consent to submit a
    letter to the record from a broad coalition of California
    organizations, communities, and water agencies emphasizing the
    critical need to address this and other equity issues
    surrounding affordable, safe drinking water.
        Senator Carper. Without objection, so ordered.
        [The referenced information was not received at time of
    print.]
        Senator Padilla. Thank you, Mr. Chairman.
        Senator Carper. You are welcome. Thanks for your good work.
        Anyone else?
        Senator Kelly, did you have something that you wanted to
    add, please?
        Senator Kelly. Thank you, Mr. Chairman. I want to take a
    moment to discuss the Drinking Water and Wastewater
    Infrastructure Act of 2021, of which I am a proud co-sponsor.
    Recent data indicates that the drought conditions in Arizona
    and the entire southwest are worse than they have been in 20
    years.
        At a time when Arizona's population continues to grow,
    ongoing water shortages pose a serious threat to Arizona's
    economy and the livelihoods of all Arizonans, yet at a time
    when water conservation is so critical, most of our Arizona
    drinking water infrastructure is more than 30 years old, and
    Arizona's wastewater infrastructure is suffering from a $1.4
    billion investment shortfall.
        To adapt to ongoing drought conditions, Arizona must make
    smart investments in our drinking water infrastructure to
    prevent leaks and water main breaks that waste our precious
    water resources and in our water infrastructure to support new,
    advanced water reuse technologies.
        That is why I am proud to co-sponsor the Drinking Water and
    Wastewater Infrastructure Act of 2021. This bill creates a $50
    million grant program to help drinking water systems invest in
    climate resilience and cyber security technologies. It also
    requires that the EPA invest in research of new and emerging
    technologies to monitor system efficiency to prevent water
    loss.
        The bill makes a significant investment in new, alternative
    water source projects to help Arizona communities invest in
    desalinization, stormwater reuse, and wastewater reclamation
    facilities, which will be necessary to help Arizona maximize
    our scarce water resources. At the same time, this bill
    supports communities in need throughout Arizona.
        I am glad that, at my urging, this bill reauthorizes the
    Indian Reservation Drinking Water Program, with a specific set
    aside for Arizona Tribes located in the lower Colorado River
    Basin, and I am pleased that this bill takes the first step
    toward creating permanent water utility bill assistance for low
    income households, what Senator Padilla was referring to.
        Last, the Sewer Overflow and Stormwater Reuse Municipal
    Grant Program that is included in this bill will help
    communities fix their failing wastewater systems.
        I hope to work with you, Mr. Chairman and Ranking Member
    Capito, in the coming weeks to ensure there is dedicated
    funding within these programs to prevent sewer overflows in
    Arizona communities along the U.S.-Mexico border. It is a
    significant problem, and I appreciate that this bill provides
    the Arizona Water Financing Authority with the tools to finance
    water or wastewater system improvements in rural and
    underserved communities through grants, negative interest
    loans, and loan forgiveness programs.
        This bill is not perfect. For example, it fails to address
    the systematic inequities inherent in the Clean Water State
    Revolving Fund formula, which provides Arizona with just one-
    third of the funding to which we would be entitled if the
    formula was updated based on need and current population.
        So I hope to work with the Committee in the coming months
    to fix this and close the gap, but this bill does take
    significant steps toward meeting the real and pressing needs
    faced by Arizona's water users.
        So thank you, Mr. Chairman, to you and to Ranking Member
    Capito, Chairwoman Duckworth, and Ranking Member Lummis for
    your work and the work of your staffs in this bipartisan bill.
    I yield back.
        Senator Carper. We thank you, as well. You are a new
    member. The opportunity to work on legislation of this
    consequence, and for us to be able to report it out
    unanimously, thank you for making a good bill even better by
    your participation.
        I like to say, if it isn't perfect, make it better. We will
    have some opportunity going to the floor to hopefully make it
    better still, and then as we work out our differences with the
    House of Representatives on the subject.
        Usually, I take the train to come down here. Today, we
    drove down in record time, almost, from Wilmington, Delaware.
    But it is not uncommon for people to say to me as I am standing
    on the platform at Biden Station in Wilmington, Delaware,
    people say, why don't you guys work together? Why can't you
    just work together?
        And I just want to say, on something as important as
    drinking water, clean drinking water, and clean water itself,
    this is important. This is really important, and today, to
    report out a bill of this consequence unanimously and prepare
    to go to the floor and ultimately, hopefully, pass the bill
    with strong margin there, and take up our differences with the
    House and resolve those. This is a good start, very, very good
    start, so we thank you for being part of that.
        Senator Kelly. Thank you, sir.
        Senator Carper. Before we adjourn, we have a ton of letters
    of support for this legislation. We are grateful for all who
    have submitted letters of support, and I suspect that more will
    come, but I ask unanimous consent to submit for the record a
    number of letters of support for S. 914.
        They include letters from the American Public Works
    Association, Council of Infrastructure Financing Authorities,
    National Association of Sewer Service Companies, National
    League of Cities, National Association of Counties, United
    States Conference of Mayors, the National Onsite Wastewater
    Recycling Association, Water Environment Foundation, WateReuse,
    National Rural Water Association, the American Water Works
    Association, Portland Cement Association, Association of
    Metropolitan Water Agencies, the National Wildlife Federation,
    the National Association of Clean Water Agencies, Natural
    Resources Defense Council, Clean Water Action, Healing Our
    Waters--Great Lakes Coalition, Water Equity and Climate
    Resiliency Caucus, and finally, last but not least, the Rural
    Community Action Partnership.
        [The referenced information follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Senator Carper. While I was a bit disappointed that our
    Committee support of nominations that we considered today was
    not unanimous, let me just say that I am deeply grateful to
    each member who did find a way to vote for one or both of the
    nominees before us today. We are grateful for that. Brenda
    Mallory and Janet McCabe have conducted themselves for decades
    now with dignity and honor for this country, and I believe,
    before this Committee.
        None of us is perfect; that certainly includes me. But they
    have served our country, I think, admirably, and if confirmed,
    I believe they will do so again.
        There is no one else who wishes to make a statement, so let
    me just close with this.
        People say to me, why is the Federal Government involved in
    this issue of clean drinking water and wastewater? And I tell
    them, it goes all the way back to the Declaration of
    Independence, written by Thomas Jefferson. They were actually
    having a vote on the Declaration of Independence, the Delaware
    Delegation was apparently deadlocked.
        A fellow named Caesar Rodney rode his horse, famously, from
    Dover, Delaware, to Philadelphia to cast the tie breaking vote
    in favor of the Declaration of Independence. As we all know,
    maybe the most famous words in the Declaration of Independence
    talk to life, liberty, and the pursuit of happiness,
    inalienable rights.
        It is hard to have life, liberty, or the pursuit of
    happiness without water, without clean water to drink. In too
    many places around our country--Senator Padilla mentioned a
    million people out in California without clean drinking water.
    That is essentially everybody in Delaware. We have about a
    million people. It is like having the whole State of Delaware,
    where you have folks who have to have clean drinking water.
        In this case, it is in one State out in the West Coast,
    where I used to live when I served in the Navy. But whether it
    is California, a big State, or Delaware or Vermont, little
    States, this is an important issue for all of us, and this is
    not all on the Federal Government. It is not solely a Federal
    responsibility. This is an all hands on deck deal, and we need
    the support of State and local governments.
        We need the support of the utilities, users themselves need
    to be paying into the cost of these systems, and together, we
    will make it better. We will make it better. If it isn't
    perfect, we need to do better still, so we will keep working at
    it.
        I think that is it. With that, I ask unanimous consent that
    the staff have authority to make technical and conforming
    changes to each of the matters approved today.
        One last thing, my mother would be disappointed if I didn't
    mention Matthew 25, when I was thirsty, did you give me to
    drink. The Declaration of Independence is enough of a
    compelling argument that what we are doing here is important
    and necessary, but my hope is that Matthew 25 will do the job,
    because we do have a moral obligation. With the legislation
    authored by Senator Cardin and Senator Wicker, I think we do a
    better job of looking out on the water side for the least of
    these in our States and our society.
        With that, we are done. I would ask unanimous consent that
    the staffs have the authority to make technical and conforming
    changes to each of the matters approved today.
        Thank you all for your participation in this meeting.
        Again, to our majority staff, John Kane, Annie D'Amato,
    Maggie, Lizzy, on the minority side to Travis, Jess, Adam, and
    I would say to another Adam over here, and to Mary Frances
    Repko, majority staff director, we are deeply grateful for all
    your good work.
        With that, this meeting is adjourned.
        [Whereupon, at 10:15 a.m., the meeting was adjourned.]
        [Referenced legislation follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        [Additional material submitted for the record follows:]
        [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                                     [all]