[Senate Hearing 117-322]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 117-322

                            BUSINESS MEETING

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

                                MEETING

                                 of the

                              COMMITTEE ON
                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                             APRIL 7, 2022

                               __________

  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
48-191 PDF              WASHINGTON : 2022

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               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND 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

                             APRIL 7, 2022
                           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.......................................................     2

                              LEGISLATION

General Services Administration Committee Resolutions............    22
S. 3742, the ``Recycling Infrastructure and Accessibility Act of 
  2022,'' to establish a pilot grant program to improve recycling 
  accessibility, and for other purposes..........................    40
S. 3743, the ``Recycling and Composting Accountability Act,'' to 
  require the Administrator of the Environmental Protection 
  Agency to carry out certain activities to improve recycling and 
  composting programs in the United States, and for other 
  purposes.......................................................    48
S. 2372, the ``Recovering America's Wildlife Act of 2022,'' to 
  amend the Pittman-Robertson Wildlife Restoration Act to make 
  supplemental funds available for management of fish and 
  wildlife species of greatest conservation need as determined by 
  State fish and wildlife agencies, and for other purposes.......    79



 
                            BUSINESS MEETING

                              ----------                              


                        THURSDAY, APRIL 7, 2022

                                       U.S. Senate,
                 Committee on Environment and Public Works,
                                                    Washington, DC.
    The Committee, met, pursuant to notice, at 10:08 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, and Sullivan.

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

    Senator Carper. Good morning, everyone. I am pleased to 
call this business meeting to order today.
    We have, as you know, a very full agenda. We are going to 
vote on nominations for key leadership posts at the 
Environmental Protection Agency, wildlife conservation and 
recycling legislation as well as 10 General Services 
Administration resolutions.
    Let me just take a minute and give you the run of the show. 
We will vote on the nominations of David Uhlmann to be EPA 
Assistant Administrator for Enforcement and Compliance 
Assurance, and Carlton Waterhouse to be EPA Assistant 
Administrator of Land and Emergency Management. I am anxious to 
see both of these talented and dedicated men confirmed. And I 
am glad we are finally taking an important step toward that 
happening in today's process.
    Then we will vote on the General Services Administration 
Resolutions, and then on the recycling legislation by voice. We 
will recess the business meeting and reconvene here at noon to 
debate amendments on the Recovering America's Wildlife Act, 
RAWA. Then we will stop and take any necessary votes off the 
floor at 1:30 in the President's Room.
    I want to speak quickly on a few of the business meeting 
matters. He is not here, but I want to acknowledge Senator 
Heinrich and Senator Blunt for their leadership on RAWA, which 
many of you have joined, and their commitment to working with 
our Committee to improve it. This legislation, as you know, 
seeks to address a serious challenge that we face, biodiversity 
loss, which threatens our economy, our ecosystems, and our 
health.
    While I believe we still need to find a way to pay for the 
bill as it moves to the floor, we have a moral imperative to 
conserve all of the species with which we share this planet. On 
balance, the Recovering America's Wildlife Act is an historic 
bill that advances shared conservation goals.
    On the two recycling bills, one that I introduced with my 
Senate Recycling Caucus Co-Chair, Senator Boozman, has joined 
us.
    Thank you, John.
    And Ranking Member Capito, and another authored by Senator 
Capito and Senator Boozman and I and others who joined in 
supporting that legislation, co-sponsoring that legislation.
    Both of these bills are bipartisan. I think they are a 
product of the best of our Committee's tradition of working 
together on conservation and sustainability issues.
    I would like for us to proceed without delay. Before we do, 
I want to ask our Ranking Member, Senator Capito, for any 
remarks that she has.

        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 everybody for being here.
    In the interest of time, I would like to submit my opening 
statement for the record. I know everybody is going to be sad 
about that.
    [Laughter.]
    Senator Capito. You can give me a standing ovation later.
    [The prepared statement of Senator Capito was not received 
at time of print.]
    Senator Carper. Do we have a majority of the Committee 
physically present, and mentally present?
    Mary Frances tells me that we can start off by taking up 
some of the GSA resolutions. The Committee noticed 11 GSA 
resolutions for consideration at this business meeting. At the 
request of one of our members, and after consultation with the 
Ranking Member, we are deferring consideration of one of these 
resolutions, the resolution for leased space in Sumner, 
Washington.
    I call up the remaining 10 GSA resolutions en bloc.
    For the record, the Chair observes that a quorum is present 
in the room. Given the presence of a quorum, I move to approve 
these resolutions and report these matters favorably to the 
Senate. All in favor, say aye.
    [Chorus of ayes.]
    Senator Carper. Opposed, say nay.
    [No audible response.]
    Senator Carper. The ayes have it. The ayes have it, and the 
legislation is favorably reported.
    Next, I want to call up our recycling legislation, first S. 
3742, Recycling Infrastructure and Accessibility Act of 2022, 
and S. 3743, the Recycling and Composting Accountability Act of 
2022, and a Carper substitute Amendment No. 1 to 3743, en bloc. 
I move that the Carper Amendment 1 to S. 3743 be adopted, and 
that the Committee report both S. 3742 and 3743 as amended.
    Is there a second?
    Senator Capito. I second.
    Senator Carper. Thank you very much.
    All in favor say aye.
    [Chorus of ayes.]
    Senator Carper. Opposed, nay.
    Senator Cramer. No.
    Senator Carper. We have one nay. In the opinion of the 
Chair, the ayes have it, and these bills are favorably 
reported.
    [Pause.]
    Senator Carper. We are still waiting for Senator Markey and 
one more member.
    Senator Whitehouse. If I could, Mr. Chairman, very briefly, 
I just want to thank you for your leadership on the recycling, 
thank you for the hearings that you have done. And I look 
forward to having this Committee continue to look into and work 
on these issues.
    In the arena of single use plastic, which is the stuff that 
most often ends up in oceans and rivers and all that, the 
American Plastics Industry has managed to achieve a grand total 
of 2 percent, 2 percent recycled content. I teased them by 
saying, that is how much falls in accidentally. Now that is not 
true, but it is a measure of how helpless the recycling effort 
has been, particularly as it affects that really important 
single use, discardable, throwaway plastic. Not car parts, not 
children's car seats, not bicycle helmets, not stuff that is 
multiple use, but the throwaway plastic. We can do a lot 
better, and I thank you, Chairman, for your leadership to help 
us get there.
    Senator Carper. This is, as you know, very much a team 
effort.
    My wife and I compost at home. We have a big bin behind our 
house, and we turn it into really fertile soil for our plants 
and stuff in our yard. We ought to have the ability to compost 
in our offices as well as to recycle. And we are working with 
Senator Capito's staff and Senator Boozman's staff and the 
Architect of the Capitol to make sure that we start doing that, 
and enable that activity. So we are looking forward to that.
    Anybody else want to speak to any of these bills as we are 
waiting the arrival of our two colleagues? Anybody else?
    Senator Merkley. Mr. Chairman.
    Senator Carper. Yes, please.
    Senator Merkley. Actually not to the bills, but to follow 
up on the point Senator Whitehouse was making.
    Senator Carper. Please, go ahead.
    Senator Merkley. The Tuesday edition of the Science Times 
has in it that the results of an investigation have found that 
the plastic in the ocean is largely binding with other 
microorganisms and dropping to the bottom of the ocean, 
changing the ecosystems tremendously. And that while that was 
not the expectation, we thought plastic would float and gather 
in kind of garbage centers in the ocean, some 98 percent is 
dropping down way below the surface, much of it to the bottom 
of the ocean, and is also changing temperatures in the process.
    So we are learning a lot more about microplastic pollution 
and how it alters the fundamental nature of ocean ecosystems. 
None of the news is good news. It just continues why we have to 
keep working on this intensely.
    Senator Whitehouse. Particularly the news that 
microplastics have now been found in human blood.
    Senator Carper. Correct me if I am wrong, Sheldon, but I 
have seen reports that the amount of plastic in the oceans now 
weighs more than the fish and mammals and so forth.
    Senator Whitehouse. That is the projection for the year 
2050, when many of us will, with any luck, still be around, 
although perhaps not as mobile as we are right now.
    [Laughter.]
    Senator Whitehouse. But for sure, our children will be 
around. And I think the notion that we are going to leave to 
our children an ocean that has by mass more waste plastic in it 
than it has living fish is something that ought to drive us to 
fairly diligent action. Some greatest generation we are.
    Senator Merkley. While we are on the topic, Senator 
Murkowski and I work together on the Appropriations 
Subcommittee on Interior. And we just decided we would revert 
to inviting people to bring their water bottles with them, just 
symbolically. I would suggest that here on the Environment 
Committee, we ought to consider doing the same thing, rather 
than having the small disposables. An idea worth considering.
    Senator Carper. All right.
    Others, please.
    Senator Capito. Well, I guess I can talk now, since we are 
still waiting.
    Senator Merkley. We are all waiting for that opening 
statement.
    [Laughter.]
    Senator Capito. Well, I am pleased with the recycling 
bills. I think it came out in the hearings and certainly from a 
small, rural community in a smaller, rural State, the 
opportunities for recycling kind of ebb and flow. Economically, 
it hasn't been a winner for our counties, or our States, or our 
cities.
    I think this is the point, is to try to get it out into the 
rest of the country so it can be more effective. And I look 
forward to that, and I think it is a good start.
    I also would like to thank Senators Heinrich and Blunt for, 
they are calling it RAWA, the Wildlife Bill. It has been 
something that has been in the making, according to Senator 
Heinrich, for 20 years. It hasn't been easy, I will say that, 
to try to muscle this one through Committee. But I think we do 
need to look at the pay for, again, as the Committee Chairman 
mentioned in his opening remarks.
    So with that, that is a synopsis of my opening statement.
    Senator Carper. Thank you for that synopsis.
    Senator Whitehouse, please.
    Senator Whitehouse. I would be delighted to join Senator 
Capito in appreciation for Senator Blunt and Senator Heinrich 
on the Wildlife Bill. I think they put a lot of work into it. 
It is a very, very good bill. I am an enthusiastic supporter of 
it.
    But as we look down the panel here at the oceans' State 
population, particularly the Ocean State population, I look 
forward to the day when we put the same effort into 
conservation, species protection, for oceans and coasts that we 
put into uplands and freshwater. As you know, I think we should 
rename the Land and Water Conservation Fund the Upland and 
Freshwater Conservation Fund to more accurately reflect what it 
actually does.
    We are continuing to try to develop the Oceans and Coasts 
Fund as a parallel, a coastal and oceans parallel, to the Land 
and Water Conservation Fund. I enthusiastically support 
Martin's bill and Roy's bill. And I think it is really, really 
good. But there is a part of me that wishes it covered the 
creatures of the sea and the coasts as well.
    Senator Capito. Could I ask a question of you, of the bill? 
So this is going to go to the State organizations. Could your 
State not use some of this money for that very purpose?
    Senator Whitehouse. I think we may be able to. But the 
focus of the bill and the population, the species to which it 
was directed are terrestrial species. And it gets a little bit 
more complicated when you are dealing with fisheries that are 
moving about the way they are moving about now, because of the 
warming of the seas.
    So as I said, I support this bill and we will try to use it 
to be as helpful as we can in my home State. But there is a 
persistent lean in a lot of these conservation programs toward 
upland and freshwater and away from coasts.
    Senator Capito. Understood. I just was thinking.
    Senator Cardin. Would my colleague yield?
    Senator Capito. Yes, go ahead.
    Senator Cardin. Thank you.
    I agree completely with Senator Whitehouse on this issue. 
That is why I have an amendment that is pending in regard to 
the coastal programs. I support this bill, and I compliment the 
Chair and Ranking Member for working out the issues so we can 
move this bill forward. But this bill leaves out an essential 
part of habitat restoration, and that deals with the coastal 
areas.
    In June of last year, I filed bipartisan legislation with 
Senator Graham that deals with habitat restoration along the 
coastal communities. It has been in our Committee now for 
almost a year. We don't have that many markups on legislation.
    So we will have a chance during the discussion of the 
amendment process as to whether we can include that in this 
legislation. Because I do think it balances the underlying bill 
for the coastal communities.
    I strongly support this bill. When you look at the way that 
the State of Maryland comes out percentage-wise, it is not as 
high as we do in many other programs. And I support this. I 
recognize it is based upon the factors that are not as 
favorable to the State of Maryland.
    To answer the Ranking Member's question directly, it is 
very challenging to use these funds for coastal habitat 
restoration. That is why we filed the separate legislation, 
which by the way is existing policy. We have a program today on 
coastal restoration. It is a voluntary program in which public 
and private sectors can get technical assistance from the 
Federal Government. It has been in existence since 1985. And 
the legislation that Senator Graham and I authored codifies 
that program and provides an authorized level.
    So I think it complements the underlying bill and provides 
a better balance among all the States dealing with habitat 
restoration.
    Senator Carper. All right, I think we are ready to roll. I 
want to thank everybody for staying so we can get this show on 
the road.
    Next, I want to call up Presidential Nomination 1555, David 
Uhlmann of Michigan to be Assistant Administrator for 
Enforcement and Compliance Assurance of the Environmental 
Protection Agency. I move to approve and report the nomination 
favorably to the Senate.
    Is there a second?
    Senator Cardin. Second.
    Senator Carper. It has been moved and seconded.
    The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. No.
    The Clerk. Ms. 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 Capito. No, by proxy.
    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 Capito. No, by proxy.
    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 Capito. No, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Chairman, the ayes are 10, the nays are 10.
    Senator Carper. All right.
    Next, I want to call up the Presidential Nomination 1556 of 
Carlton Waterhouse of Virginia to be Assistant Administrator 
for Land and Emergency Management of the Environmental 
Protection Agency. I move to approve and report the nomination 
favorably to the Senate.
    Is there a second?
    Senator Cardin. Second.
    Senator Carper. Thank you very much.
    The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. No.
    The Clerk. Ms. Capito.
    Senator Capito. No.
    The Clerk. Mr. Cardin.
    Senator Cardin. Aye.
    The Clerk. Mr. Cramer.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. Aye.
    The Clerk. Ms. Ernst.
    Senator Capito. No, by proxy.
    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 Capito. No, by proxy.
    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 Capito. No, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Chairman, the ayes are 10, the nays are 10.
    Senator Carper. All right. That conclude this morning's 
Committee votes. My thanks to everybody for helping us get this 
far. We will reconvene here at noon. Thanks very much.
    [Whereupon, at 10:26 a.m., the Committee was recessed, to 
reconvene at 12 p.m. the same day.]
    [12:06 p.m.]
    Senator Carper. I call our business meeting back to order.
    I would like to call up S. 2372, the Recovering America's 
Wildlife Act of 2021. By agreement with the Ranking Member, the 
Carper Substitute Amendment No. 1 to S. 2372 is adopted and 
considered to be original text for purpose of amendments.
    We will now move to consider amendments. Senator Cardin is 
delayed just a little bit, and I understand Senator Cramer has 
an amendment, as does Senator Lummis, and I think after that 
Senator Sullivan.
    Senator Cramer has an amendment, and you are recognized to 
offer Cramer Amendment No. 4.
    Senator Cramer. Thank you, Chair.
    Yes, I call up Cramer No. 4. Thank you, Mr. Chairman, for 
having this markup.
    Before I state what my amendment does, I really want to 
take the opportunity to provide some background on the enormous 
frustration that the people of North Dakota have had with the 
Fish and Wildlife Service. Put simply, the Fish and Wildlife 
Service is the textbook example of an intransigent bureaucracy 
which is more interested in its own self-interests than the 
interests of the citizens of this country. Frankly, more 
interested in their self-interests than they are in their 
mission.
    Since I came to Congress in 2013, I have heard, not from a 
few, not from dozens, literally hundreds, hundreds of 
landowners in North Dakota who have had nothing but bad 
experiences with the Fish and Wildlife Service under every type 
of Administration. Their experiences have been disastrous. They 
have had their private property rights trampled on, their 
personal rights trampled on. They have had their personal 
safety trampled on by gun toting bulletproof vest wearing SWAT 
teams. They are really biologists pretending to be tough guys. 
And their livelihoods, and in some cases are literally driven 
to bankruptcy by zealots in the Fish and Wildlife Service.
    In other words, I have very little faith in the Fish and 
Wildlife Service. In an attempt to work with them, I have voted 
for Republicans and Democrats in the Department of Interior to 
include Fish and Wildlife Service directors and under 
secretaries and deputy secretaries. So this brings us today to 
this bill.
    This Recovering America's Wildlife Act is a bill that I was 
an original co-sponsor of, along with 16 Democrats and 15 other 
Republicans, I got on this bill. Because it sent funding to 
State, I emphasize State, fish and wildlife agencies to 
proactively, and I stress proactively, to address and to keep 
species off, I stress off, the Endangered Species Act list. It 
should be the goal of every conservationist in the world.
    Instead, we see from our Federal bureaucracy and some of 
their stakeholders this desire to keep critters on the 
Endangered Species List. I have never understood that.
    So when Senators Blunt and Heinrich brought this to me, I 
said, this makes sense. It emphasizes what States can do. They 
are more responsive to their constituents, more nimble, 
frankly, they are more attuned to the situation in front of 
them.
    Instead, and this, Mr. Chairman, is why I voted no on the 
substitute that creates the bill that is in front of us, it 
reduces the money going to States, and instead shifts it over 
to the very people who say, if you just give us more money, we 
can do better for you. Just give us more money, and we can 
respond in a faster way.
    Forgive my skepticism and the skepticism of the people of 
North Dakota, but I am so tired of bureaucrats who say, if you 
just give us more, we could help the landowners more. I don't 
care how fast they do it or how slowly they do it, the outcome 
is never right. I have yet to have an appeal, for example, on a 
waterfall production area appeal, ever go the landowner's way. 
Not under the previous Administration, in fact, under this 
Administration literally dozens of appeals have never been 
acted on. In fact, a letter sent by farmers over a year ago to 
the Director has never even been returned has never been 
responded to.
    So I don't see how giving them more money to not work helps 
my landowners.
    With that, again I want to applaud Senators Heinrich and 
Blunt and the people who got on this bill and made it a very, 
very good bill before today. But this is not that bill.
    So my amendment is simple. It simply strips the substitute, 
returns the bill to its original form, which is what I and many 
others on the Committee signed onto. I urge my colleagues to 
join me in supporting my amendment to remove the substitute, 
return the bill to its evenly bipartisan form.
    With that, I yield, and thank you.
    Senator Carper. Thank you.
    Senator Capito.
    Senator Capito. Thank you, Mr. Chairman.
    I want to thank Senator Cramer for his amendment. As we 
know, and you know, Chairman, we have been talking a lot about 
this bill and the agreement that we reached on today's 
substitute was difficult, but it was necessary so we could 
bring this bipartisan bill before this Committee.
    However, as I have stated publicly in the past, I support 
the bill as introduced, as Senator Cramer described, the first 
one that was introduced by Senators Heinrich and Blunt. For 
that reason, I will be supporting Senator Cramer's amendment.
    Senator Carper. Anyone else on Senator Cramer's Amendment 
No. 4? Anyone else?
    All right. I now move to adopt Cramer Amendment No. 4 to S. 
2372.
    Is there a second?
    Senator Capito. Second.
    Senator Carper. Thank you.
    The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. No.
    The Clerk. Mr. Cramer.
    Senator Cramer. Yes.
    The Clerk. Ms. Duckworth.
    Senator Carper. No, by proxy.
    The Clerk. Ms. Ernst.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Carper. Mr. Kelly, no, by proxy.
    The Clerk. Ms. Lummis.
    Senator Lummis. Aye.
    The Clerk. Mr. Markey.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Merkley.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Padilla.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sanders.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. No.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. No.
    The Clerk. Mr. Chairman, the ayes are 9, the nays are 11.
    Senator Carper. The ayes are 9, and the nays are 11. The 
amendment is not agreed to.
    I understand that Senator Lummis has an amendment she would 
like to offer.
    I just want to say thanks very much to you for your work 
with us to make it to the finish line here today. Thank you so 
much.
    Senator Lummis. My pleasure, Mr. Chairman, thank you.
    I call up my amendment Lummis No. 1. It is very 
straightforward. It requires any data used by Federal agencies 
for Endangered Species Act determinations to be shared with 
States affected by that determination. That is it.
    As we have heard in testimony from both Democrats and 
Republican witnesses in previous hearings, ESA listing 
decisions have enormous impacts on communities, from some who 
love recreating on public lands to those who ranch it or farm 
it, to the kind of people that Senator Cramer heard from in 
North Dakota when he discussed his last amendment. These 
decisions literally affect lives and livelihoods, especially 
for those of us in the West.
    If members of this Committee are willing to trust States 
with billions of dollars in additional conservation funding in 
perpetuity, as the sponsors and supporters of RAWA indicate 
they are, then we should be able to trust States with the data 
that Federal agencies have used in making listing 
determinations. I trust Governor Carper as much as I trust 
Senator Carper.
    [Laughter.]
    Senator Lummis. This amendment is about transparency and 
about good government. I would ask for my colleagues on both 
sides of the aisle to support this. It doesn't matter when this 
information is provided, and this proprietary nature of the 
data argument just doesn't wash when we are spending this much 
money on decisions and we are trusting these States to manage 
to a standard that they are not even allowed to look at.
    Thank you, Mr. Chairman. I ask for a recorded vote.
    Senator Carper. All right, you will get one.
    Senator Capito.
    Senator Capito. Thank you, Mr. Chairman. I want to thank 
Senator Lummis for her good government transparency amendment. 
I will be in support of it. I think she makes a great case that 
these decisions we are making have huge impacts, and why 
wouldn't we share the data with our State partners? So I am 
voting in favor of the Lummis amendment.
    Senator Carper. All right, thank you.
    Does any other Senator care to be recognized on Lummis No. 
1? Anyone else?
    All right. If not, I now move to adopt Lummis Amendment No. 
1 to S. 2372.
    Is there a second?
    Senator Capito. Second.
    Senator Carper. The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. No.
    The Clerk. Mr. Cramer.
    Senator Cramer. Yes.
    The Clerk. Ms. Duckworth.
    Senator Carper. Duckworth votes no, by proxy.
    The Clerk. Ms. Ernst.
    Senator Capito. Ernst is yes, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Carper. No, by proxy.
    The Clerk. Ms. Lummis.
    Senator Lummis. Aye.
    The Clerk. Mr. Markey.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Merkley.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Padilla.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sanders.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Sullivan. Aye.
    The Clerk. Mr. Whitehouse.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. No.
    The Clerk. Chairman, the yeas are 10, the nays are 10.
    Senator Carper. The yeas are 10, the nays are 10. The 
amendment is defeated. Thank you again very much.
    Senator Cardin, then Senator Sullivan, we will go to you 
next. Senator Cardin has an amendment he would like to offer, 
Cardin Amendment No. 1.
    Senator Cardin. I appreciate that my Republican friends are 
here to listen to it. I am sorry my Democratic friends are not.
    I am a little bit perplexed as to this amendment having 
been even controversial. It codifies an existing program so it 
takes on the turf of the Congress rather than the executive 
branch. It is our responsibility to do this. It has been in 
existence since 1985. There are no substantive changes in 
regard to how the program operates. And it provides balance 
between how the underlying bill operates and coastal habitat 
restoration.
    It is a voluntary program. There is no land use issue here 
as far as private ownership is concerned. So we don't get 
involved in any of our traditional controversial areas.
    That is why the bill that I introduced with Senator Graham, 
a bipartisan bill, was introduced in June of last year. I 
recognize that we need to be able to act on bills in this 
Committee. This Wildlife Bill has been involved, and we have 
had discussions about it.
    But those of us who live in coastal areas are entitled to 
have our considerations as well. We all want to work in a 
cooperative way. But I haven't heard one reason why we 
shouldn't move this bill forward. We have had no hearings in 
the Committee. I don't know why; the House has had hearings on 
it; the Senate has not had hearings on it.
    So quite frankly, Mr. Chairman, I am frustrated as to why 
we have not been able to get the same type of considerations on 
coastal habitat we have as we have on the underlying bill. So 
that is the reason this amendment is being offered. As I said, 
it is bipartisan. I would just like to get an explanation from 
the Committee why this would be opposed.
    Senator Carper. Do other Senators care to be recognized on 
this amendment? If not, I now move to adopt Cardin Amendment 
No. 1 to S. 2372.
    Senator Sullivan. Mr. Chairman, may I ask Senator Cardin, 
does this program already exist?
    Senator Cardin. Yes, it does.
    Senator Sullivan. So what does it do in addition to it 
already existing?
    Senator Cardin. Statutory----
    Senator Sullivan. You know, I am always, when States are 
trying to get a little help, I am open ears, right, I am always 
trying to get a little help for my State, and you will see that 
in a minute.
    Senator Cardin. I appreciate the question. It provides a 
statutory base but it also provides an authorized level.
    Senator Sullivan. You mean on funding.
    Senator Cardin. On funding. Right now, there is no 
authorized level. The current appropriation, I think it is $18 
million that is currently being spent in this program. We have 
an authorized level starting at $20 million, going up to $25 
million. So that would be new authorization. There is no 
authorization today.
    And the actual appropriation is $18 million today.
    Senator Sullivan. So it is plussing up the----
    Senator Cardin. No, there is no appropriation here. It is 
just an authorized level.
    Senator Sullivan. Right. So it is authorizing more for an 
existing program?
    Senator Cardin. That is correct. A program that is 
currently being, is operative, but is not under statutory 
authority.
    Senator Sullivan. OK.
    Senator Cardin. The appropriators must have done it at some 
point over the years. We are taking on our Committee's 
jurisdiction here by putting it in the Code.
    Senator Sullivan. Is there--I mean, I am just throwing this 
out, and I don't want to get in front of the Ranking Member's--
is there interest in trying to--I am just trying to understand 
this. I get nervous about easements and things in my State. But 
if your State wants that, I am just----
    Senator Cardin. It is a totally voluntary program. So it 
has to be initiated by the owner, whether it is public or 
private. This is strictly a voluntary program, and it is 
technical support for those who want to move in this direction 
to deal with habitat on coastal areas.
    Senator Capito [presiding]. Would you like for me to weigh 
in here?
    Senator Sullivan. Yes.
    Senator Capito. I am going to oppose this amendment, not 
because I oppose the coastal program. I heard Senator Cardin 
discuss this in the earlier meeting along with Senator 
Whitehouse. And I did raise the question, which I think they 
gave me a good answer to, as to whether the existing bill could 
help with some of the coastal wildlife. It seems like it us not 
flexible enough to really use that for the State Fish and 
Wildlife folks, which is the crux of this.
    But we struck--it was difficult to get to where we are 
right now in trying to negotiate all the different things. So I 
would like to work with you and Senator Graham to have a 
hearing and bring this before the Committee and discuss it, so 
we could all appreciate where it is falling short because it 
hasn't been reauthorized. To me, that would be the preferred 
route.
    Senator Sullivan. I would support that, too, to work with 
you, in really good faith.
    Senator Cardin. Our problem is that--I regret we haven't 
had a hearing on it. I think we should have had a hearing. We 
introduced it earlier in this Congress.
    The challenge is that if the underlying bill becomes the 
only vehicle we have available, the absence of action on our 
Committee makes it virtually difficult, because it will 
probably end up in some omnibus bill along the way, and the 
fact that we have no Committee action on it means that it will 
be left by the side.
    That is my frustration, Mr. Chairman. I don't disagree with 
the Ranking Member or the Senator from Alaska. We should have 
those discussions. I am more than happy. That is why we 
introduced it as current practice rather than looking at 
changes, because we knew that we hadn't had that discussion. I 
would welcome having that discussion.
    But my concern is that if this Committee takes a pass on it 
at this particular moment, the odds are we will not get back to 
it in this Congress.
    Senator Sullivan. Could we delay the vote on the underlying 
bill that it would be attached to so that you don't have that 
problem?
    Senator Cardin. That is fine with me, if we have the 
Chairman and Ranking Member willing to do that. They have to 
sign off on any opportunity for this bill to move forward. If I 
have their assurances, I would be fine with that.
    Senator Carper [presiding]. For now, I am just going to 
suggest we go ahead and vote. If the votes are there, fine, if 
they are not, what you both, the Ranking Member and Senator 
Sullivan suggested, for us to re-engage, and maybe with the 
scheduling of a hearing in a timely manner. But for now, I 
would like for us to go ahead and vote.
    With that, does any other Senator want to be recognized?
    All right, if not, then the Clerk will call the roll on 
Cardin Amendment No. 1 to S. 2372.
    The Clerk. Mr. Boozman.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Capito.
    Senator Capito. No.
    The Clerk. Mr. Cardin.
    Senator Cardin. Aye.
    The Clerk. Mr. Cramer.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Cardin. Yes, by proxy.
    The Clerk. Ms. Ernst.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Kelly.
    Senator Cardin. Aye, by proxy.
    The Clerk. Ms. Lummis.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Markey.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Merkley.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Padilla.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Sanders.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Sullivan. No, for now. But I will work with you, 
Ben.
    The Clerk. Mr. Whitehouse.
    Senator Cardin. Aye, by proxy.
    The Clerk. Mr. Wicker.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Chairman, the yeas are 10, the nays are 10.
    Senator Capito [presiding]. OK, the amendment fails. And we 
are asking for additional amendments.
    Does anybody have an amendment?
    Senator Sullivan.
    Senator Sullivan. Yes, Madam Chair. I have three 
amendments. I will try to be brief. I would like to call up 
Sullivan No. 1. This is to make additional Federal land 
available for selection under the Alaska Native Vietnam Era 
Veterans Allotment Act.
    Madam Chair, dating back to the early 20th century, there 
were various Federal programs that existed to grant Alaska 
Natives parcels of land in Alaska, up to 160 acres. That dated 
back to 1909.
    In 1971, the Alaska Native Claims Settlement Act 
extinguished the ability of Alaska Natives to select these land 
allotments. However, thousands of Alaska Natives served their 
country during the Vietnam era, and they missed this deadline. 
So here you have indigenous people in my State serving in a war 
that a lot of American men were trying to avoid, and they 
missed the deadline to apply for these allotments. Total 
injustice.
    In 2019, we passed the Dingle Act, bipartisan, that 
included my bill, the Alaska Native Vietnam Era Veterans Lands 
Allotment Act. That just said, if you were serving in the 
military during the Vietnam era, you have a chance to apply for 
an allotment which you missed because you were serving your 
country in the military.
    This program allows approximately 2,800 Alaska Natives, by 
the way, who serve at higher rates in the military than any 
other ethnic group in the country, to apply for congressionally 
promised Native allotments that they missed the opportunity to 
do so because they were serving and fighting in the jungles of 
Vietnam. Pretty strong equity issues.
    These land selections were largely limited to BLM but the 
Dingle Act, which passed, said U.S. Fish and Wildlife Service 
would study whether to make lands available for this program 
also. Fish and Wildlife Service, in accordance with the law, 
issued a study and recommended additional acreage to be 
included in the lands available from which Alaska Native 
Vietnam era veterans could choose. All my bill does is take 
what Fish and Wildlife Service said, said here is the 
additional land that you can choose from.
    There is a lot of talk in this Committee and this Senate 
about taking care of our veterans. This is 100 percent taking 
care of our veterans. There is a lot of talk, particularly my 
friends on the other side of the aisle, about racial equity, 
environmental justice, racial justice. This is 100 percent 
racial equity. These were men and women who are indigenous 
people serving in Vietnam, and when they came home they not 
only got spit on because they were Vietnam veterans, not only 
got discriminated against because they are Alaska Native, but 
they were then told, you can't apply for your allotment, which 
you have been able to do for 100 years.
    All we are trying to do is fix it. If you believe in 
supporting our vets and you believe in racial equity, this 
should be a unanimous vote, Madam Chair.
    Senator Capito. Thank you, Senator Sullivan. I plan to 
support your amendment. At this point, because we are waiting 
for people to come back from a vote, I will suspend the vote on 
this, and you can go to your next amendment, make the case for 
that.
    Senator Sullivan. OK, Madam Chair. This is another one, if 
you believe in racial equity, this is simple, too. This is 
Sullivan No. 2 to clarify treatment of authentic Alaska Native 
articles of handicrafts containing non-edible migratory bird 
parts under the Migratory Treaty Bird Act.
    So let me just explain this one. For thousands of years, 
inclusion of bones, feathers, and non-edible parts in 
traditional handicrafts from Alaska Native people was 
commonplace in Alaska Native cultures. However, in light of a 
number of years ago, when widely celebrated Tlingit artists 
were cited by Fish and Wildlife Service for including feathers 
in a piece offered for sale, somebody actually got fined for 
that in Alaska.
    The result was the Alaska Federation of Natives passed a 
resolution saying, we need a legislative fix to this problem. 
We are not going to eat the birds, but we can use their 
feathers for handicrafts.
    Now, why does that matter? In certain Alaska Native 
villages, the men and women who create handicrafts are the No. 
1 economic drivers of these communities. Because they can sell 
their handicrafts to tourists and things like this.
    All this amendment does, it would recognize the legitimate 
subsistencies of Alaska Natives and allow the sale of 
handicrafts that include non-edible migratory bird parts. That 
is it.
    Handicraft sales are often small but important parts of the 
economic activity for our Native villages. Other laws, such as 
the Marine Mammal Protection Act, include similar subsistence 
exemptions for other species, and this amendment seeks to apply 
equal treatment for this subset of the Alaska Native artistic 
community.
    The amendment is unanimously supported by the Alaska Native 
members from the Migratory Bird Co-Management Council, the 
Alaska Federation of Natives. Again, racial equity for 
disadvantaged communities. This is a no brainer. We hope that 
we can pass that as well.
    Senator Capito. Again, I would ask my colleagues to support 
this amendment. It is an interesting amendment, really, when 
you think about the culture and the economic opportunities that 
that brings.
    So I would hope that we can have a successful vote on that. 
But we are going to suspend the vote on that and let you go to 
No. 3.
    Senator Sullivan. Sullivan No. 3, thank you, Madam Chair. 
This is a simple amendment. It just makes the sub-account here 
subject to appropriations. We recognize this is important 
legislation that we are debating, protecting, conserving 
America's countless species of plants, wildlife as a knowable 
cause. We care about it back home in Alaska.
    However, funding decisions for this cause should be made on 
an annualized basis the way other appropriations bills are. 
Singling out this bill for permanent funding I don't think 
makes sense.
    This bill is not the answer to a broken Endangered Species 
Act problem. The bill turns a blind eye to the fact that States 
and Federal agencies are at the mercy of serial litigants who 
abuse the ESA. This is a huge problem in my State. This bill 
does not propose a realistic pay for, $1.3 billion on new 
annual mandatory spending is provided by this bill. This bill 
should go through the normal appropriations process that most 
every other bill in the U.S. Senate goes through. That is what 
my amendment would do.
    Senator Capito. Thank you, Senator Sullivan. I again will 
urge my colleagues to vote yes on this amendment. I am on the 
Appropriations Committee, and I think it is right and proper 
that we know that this bill has some, when we get the score 
back, it is going to have some issues in terms of the pay for. 
So I think this is the responsible way to go.
    So if we can suspend right now, we are going to see how we 
go forward here.
    [Pause.]
    The Committee stands in recess until 1:30 in the 
President's Room.
    [Whereupon, at 12:45 p.m., the Committee was recessed, to 
reconvene the same day at 1:30 where we will meet in the 
President's Room.]
    [1:30 p.m.]
    Senator Carper [presiding]. I now move that we adopt the 
Sullivan Amendment No. 1 to S. 2372.
    The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. No.
    The Clerk. Mr. Cramer.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. No.
    The Clerk. Ms. Ernst.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Carper. No, by proxy.
    The Clerk. Ms. Lummis.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Markey.
    Senator Markey. No.
    The Clerk. Mr. Merkley.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Padilla.
    Senator Padilla. No.
    The Clerk. Mr. Sanders.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. No.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. No.
    The Clerk. Mr. Chairman, the yeas are 10, the nays are 10.
    Senator Carper. The yeas are 10, the nays are 10, and the 
amendment fails.
    I now move to adopt Sullivan Amendment No. 2 to S. 2372.
    Is there a second?
    Senator Capito. Second.
    Senator Carper. The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. No.
    The Clerk. Mr. Cramer.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. No.
    The Clerk. Ms. Ernst.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Carper. No, by proxy.
    The Clerk. Ms. Lummis.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Markey.
    Senator Markey. No.
    The Clerk. Mr. Merkley.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Padilla.
    Senator Padilla. No.
    The Clerk. Mr. Sanders.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. No.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. No.
    The Clerk. Mr. Chairman, the yeas are 10, the nays are 10.
    Senator Carper. The yeas are 10, and the nays are 10. The 
amendment fails.
    Now I move to adopt Sullivan Amendment No. 3 to S. 2372.
    Is there a second?
    Senator Capito. Second.
    Senator Carper. The Clerk will call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. No.
    The Clerk. Mr. Cramer.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. No.
    The Clerk. Ms. Ernst.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Carper. No, by proxy.
    The Clerk. Ms. Lummis.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Markey.
    Senator Markey. No.
    The Clerk. Mr. Merkley.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Padilla.
    Senator Padilla. No.
    The Clerk. Mr. Sanders.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. Yes, by proxy.
    The Clerk. Ms. Stabenow.
    Senator Carper. No, by proxy.
    The Clerk. Mr. Sullivan.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. No.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. No.
    The Clerk. Mr. Chairman, the yeas are 9, the nays are 11.
    Senator Carper. The yeas are 9, the nays are 11. The 
amendment has failed.
    [Simultaneous conversations.]
    Senator Carper. I now move that the Committee report S. 
2372, the Recovering America's Wildlife 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. Ms. Capito.
    Senator Capito. Yes.
    The Clerk. Mr. Cardin.
    Senator Cardin. Yes.
    The Clerk. Mr. Cramer.
    Senator Capito. No, by proxy.
    The Clerk. Ms. Duckworth.
    Senator Duckworth. Yes.
    The Clerk. Ms. Ernst.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Graham.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Inhofe.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Kelly.
    Senator Kelly. Aye.
    The Clerk. Ms. Lummis.
    Senator Capito. No, by proxy.
    The Clerk. Mr. Markey.
    Senator Markey. Aye.
    The Clerk. Mr. Merkley.
    Senator Carper. Aye, by proxy.
    The Clerk. Mr. Padilla.
    Senator Padilla. Aye.
    The Clerk. Mr. Sanders.
    Senator Carper. Aye, by proxy.
    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 Carper. Aye, by proxy.
    The Clerk. Mr. Wicker.
    Senator Capito. Yes, by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Chairman, the yeas are 15, the nays are 5.
    Senator Carper. Would anyone like to be recorded live?
    Senator Capito. Senator Lummis, no.
    The Clerk. Thank you. The yeas are 15, the nays are 5.
    Senator Carper. The yeas are 15 and the nays are 5; the 
bill is approved as amended, and the bill passes.
    I think that is it. It is a wrap. Thanks for coming.
    [Whereupon, at 1:46 p.m., the business meeting was 
adjourned.]
    [The referenced legislation follows:]


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