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

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                                                                   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:]
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    [Additional material submitted for the record follows:]
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