    [Senate Hearing 118-714]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 118-714

                                BUSINESS MEETING

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

                                    MEETING

                                     of the

                                  COMMITTEE ON
                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JULY 26, 2023

                                   __________

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

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                     U.S. GOVERNMENT PUBLISHING OFFICE

    61-668                    WASHINGTON : 2025

                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                      THOMAS R. CARPER, Delaware, Chairman
              SHELLEY MOORE CAPITO, West Virginia, Ranking Member

    BENJAMIN L. CARDIN, Maryland         KEVIN CRAMER, North Dakota
    BERNARD SANDERS, Vermont             CYNTHIA M. LUMMIS, Wyoming
    SHELDON WHITEHOUSE, Rhode Island     MARKWAYNE MULLIN, Oklahoma
    JEFF MERKLEY, Oregon                 PETE RICKETTS, Nebraska
    EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
    DEBBIE STABENOW, Michigan            ROGER WICKER, Mississippi
    MARK KELLY, Arizona                  DAN SULLIVAN, Alaska
    ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina
    JOHN FETTERMAN, Pennsylvania

                   Courtney Taylor, Democratic Staff Director
                   Adam Tomlinson, Republican Staff Director

                                C O N T E N T S

                                  ----------
                                                                       Page

                                 JULY 26, 2023
                               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
      Virginia.......................................................     8
    Markey, Hon. Edward J., U.S. Senator from the State of
      Massachusetts..................................................     9

                                  LEGISLATION

    The text of 2195 to amend the Energy Policy Act of 2005 to
      reauthorize the diesel emissions reduction program.............    11
    The text of S. 2395 to reauthorize wildlife habitat and
      conservation programs, and for other purposes..................    13
    The text of S. 1381 to authorize the Secretary of the Interior,
      through the Coastal Program of the United States Fish and
      Wildlife Service, to work with willing partners and provide
      support to efforts to assess, protect, restore, andenhance
      important coastal landscapes that provide fish and wildlife
      habitaton which certain Federal trust species depend, and for
      other purposes.................................................    18
    The text of S. 1278 to designated the Federal building located at
      985 Michigan Avenue in Detroit, Michigan, as the ``Rosa Parks
      Federal Building'', and for other purposes.....................    27
    Sixteen Committee Resolutions to closely examine the needs of our
      Federal agencies and provide them with adequate space while
      removing any excess or waste in our Federal buildings portfolio    29

                              ADDITIONAL MATERIAL

    Senator Cardin remarks regarding The Coastal Program and Honoring
      the PACT Act...................................................     5

                                BUSINESS MEETING

                                  ----------

                            WEDNESDAY, JULY 26, 2023

                                   U.S. Senate,
             Committee on Environment and Public Works,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 9:47 a.m. in room
    406, Dirksen Senate Office Building, Hon. Thomas R. Carper
    (chairman of the committee) presiding.
        Present: Senators Carper, Capito, Cardin, Merkley, Markey,
    Stabenow, Kelly, Padilla, Lummis, Boozman, Ricketts.

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

        Senator Carper. Good morning, everybody. I am pleased to
    call this business meeting to order, and thank everybody for
    joining us.
        Today we are going to be voting on several different
    matters. One of those is S. 2195, the Diesel Emissions
    Reduction Act, or DERA reauthorization thereof that Senator
    Capito and I are leading again.
        The next item is S. 2395, which is the Wildlife Innovation
    Longevity Driver Reauthorization Act, affectionately known by
    former Chairman John Barrasso, who always used to call this
    piece of legislation WILD thing.
        [Laughter.]
        Senator Carper. In his honor, WILD thing here this morning.
    The third vote will be on S. 1381, the Coastal Habitat
    Conservation Act of 2023. We will do individual voice votes on
    those.
        Then we have a bill to designate, S. 1278, a bill to
    designate the Federal building located at 985 Michigan Avenue
    in Detroit, Michigan, as the Rosa Parks Federal Building. We
    will do also combining with that bill 16 resolutions to approve
    General Services Administration (GSA) prospectuses. Those GSA
    prospectuses and the Rosa Parks naming bill will be done
    together, jointly, by unanimous consent.
        Before we vote, I want to take a moment or two if I can to
    highlight a couple of the bills. One is the Diesel Emission
    Reduction Act, and the second is the WILD Act. Since its
    implementation in 2005, the Diesel Emission Reduction Act has
    been one of our Nation's most cost-effective tools for reducing
    harmful diesel emissions by incentivizing people to replace or
    retrofit their older diesel engines with American-made, clean
    vehicle technology. DERA creates good-paying domestic
    manufacturing jobs, while protecting public health and our
    environment at the same time.
        Bipartisan legislation before us today would reauthorize
    the DERA program for another 5 years, ensuring that it
    continues to provide economic, health and environmental
    benefits. I would like to thank our Ranking Member, Senator
    Capito, very much for your support and leadership in working
    toward reauthorizing what I think most of us and maybe all of
    us believe is a commonsense clean air program.
        This morning we will also vote on legislation to
    reauthorize the WILD Act, as I mentioned earlier. The WILD Act
    enables the U.S. Fish and Wildlife Service to promote voluntary
    conservation here at home while also ensuring that the United
    States remains a global leader in protecting some of our
    world's most beloved species. The WILD Act would reauthorize
    the Partners for Fish and Wildlife Program, which helps
    landowners restore habitat in all 50 States and the
    territories. This legislation would also reauthorize the
    Multinational Species Conservation Fund, helping to ensure that
    elephants, rhinos, great apes, tigers, and turtles continue to
    thrive in the wild for generations to come.
        Again, I want to thank our Ranking Member, Senator Capito,
    for joining me in this bipartisan conservation effort.
        In addition to these bills I just discussed, I am pleased
    to support Senator Cardin's and Senator Graham's Coastal
    Habitat Conservation Act of 2023. This legislation to rename
    the Federal Building in Detroit after civil rights leader Rosa
    Parks as well as GSA Resolutions before us. I will vote yes on
    each of these matters, and I would urge my colleagues to join
    us in doing the same.
        With that in mind, let me recognize Senator Capito, Ranking
    Member, for any remarks that she would like to make. Welcome.
    Thank you, Senator Capito.
        Senator Capito. Thank you, Mr. Chairman. I think we have
    critical mass here to proceed with the markup, so I will hold
    my statement until after we do the votes, if that suits you.
        Senator Carper. All right, thank you ma'am.
        I think we have a quorum, and I understand Senator Cardin
    would also like to make a couple of brief remarks on his bill
    that we are considering here today. Senator Cardin?
        Senator Cardin. It is good legislation.
        [Laughter.]
        Senator Carper. Could you be more brief?
        Senator Cardin. I would ask consent if I could be made a
    cosponsor of the DERA bill.
        Senator Carper. All right. I understand we have a voting
    quorum present. Let's get started. First, I want to call up S.
    2195, the Diesel Emissions Reduction Act of 2023. Does any
    Senator wish to offer an amendment to this legislation? Senator
    Cardin would like to be listed as a cosponsor. Anyone else who
    would like to be listed as a cosponsor, just let us know at the
    end of this markup. We would be happy to do that.
        I think Senator Markey is expected to offer to withdraw
    amendments. Do you want to do that now or later?
        Senator Markey. If I can be recognized for 1 minute, then I
    will withdraw.
        I thank you, Mr. Chairman. I am speaking on Markey
    Amendment No. 1, and I am grateful for the partnership that
    comes together to create programs like the Diesel Emissions
    Reduction Act. This is a win for air quality across America.
        However, I am also concerned that we are missing a critical
    opportunity to support family sustaining, good-paying union
    jobs right here in America. Clean technologies and clean air
    can and must go hand in hand with strong labor protections and
    good union jobs. With Federal investments at the scale of $100
    million, we have a duty to ensure that this public money is
    spent in a way that supports workers without undercutting our
    economy that will keep our air clean and get us where we need
    to go, not just now but for the future.
        In the decade between year 2008 and year 2018, DERA
    replaced enough old, dirty engines to prevent half a million
    tons of NOx emissions, 17,000 tons of soot
    emissions, 5.3 million tons of CO2 emissions. The
    workers building these technologies are actually saving lives
    and they deserve strong labor protections for their work.
        I am submitting this amendment as an urgent call to ensure
    our investments in zero emissions technology benefit American
    union workers. While I am not calling for a vote on this
    amendment at this time, I intend to work with the committee to
    build support for strong implementation standards for the
    Diesel Emissions Reduction Act.
        With that, Mr. Chairman, I thank you and I ask unanimous
    consent to withdraw the amendment.
        Senator Carper. Without objection. Thank you very, very
    much.
        I now move that the committee report S. 2195, the Diesel
    Emissions Reduction Act of 2023 favorably. Is there a second?
        Senator Capito. Second.
        Senator Carper. It has been moved and seconded. All in
    favor, say aye.
        [Chorus of ayes.]
        Senator Carper. All those opposed, say nay.
        [No audible response.]
        Senator Carper. In the opinion of the Chair, the ayes have
    it. The legislation is favorably reported. I note for the
    record that a quorum of the committee is present.
        Now we are going to consider S. 2395, the WILD
    Reauthorization Act. No Senators have filed, as far as I can
    tell, no Senators have filed amendments, I think that is
    correct, to this legislation, so we will just report it by
    voice. I move that the committee favorably report S. 2395, the
    WILD Reauthorization Act. Is there a second?
        Senator Capito. Second.
        Senator Carper. It has been moved and seconded. All in
    favor, say aye.
        [Chorus of ayes.]
        Senator Carper. Opposed, say nay.
        [No audible response.]
        Senator Carper. In the opinion of the Chair, the ayes have
    it, the legislation is favorably reported. I note for the
    record that a quorum of the committee is present.
        Next, I want to call up S. 1381, the Coastal Habitat
    Conservation Act of 2023. No Senators have filed amendments to
    this legislation. We will just report it by voice. I move that
    the committee favorably report S. 1381, the Coastal Habitat
    Conservation Act of 2023. Is there a second?
        Senator Capito. Second.
        Senator Carper. It has been moved and seconded. All in
    favor, say aye.
        [Chorus of ayes.]
        Senator Carper. All opposed, say nay.
        [No audible response.]
        Senator Carper. In the opinion of the Chair, the ayes have
    it. The legislation is favorably reported. I note for the
    record that a quorum of the committee is present.
        Finally, I want to call up S. 1278, a bill to designate the
    Federal building located at 985 Michigan Avenue in Detroit,
    Michigan as the Rosa Parks Federal Building, and for other
    purposes, along with 16 Resolutions relating to the General
    Services Administration. This would be the naming of the
    Federal building after Rosa Parks, and also the passage of 16
    Resolutions relating to GSA.
        I know we have a Senator from Michigan who was instrumental
    in this, so we thank you for that.
        As committee members know, we routinely approve GSA
    prospectuses by committee resolution. The resolutions we
    consider are for GSA leases throughout our Country. Members
    have had the opportunity to review these documents. I believe
    both the resolutions and the Federal building naming bill are
    noncontroversial.
        Therefore, without objection, we will consider S. 1278 and
    the 16 GSA resolutions en bloc and by voice vote. I move to
    report these items favorably. Is there a second?
        Senator Capito. Second.
        Senator Carper. All in favor, say aye.
        [Chorus of ayes.]
        Senator Carper. All opposed, say nay.
        [No audible response.]
        Senator Carper. In the opinion of the Chair, the ayes have
    it. The legislation and the resolutions are favorably reported.
    I note for the record that a quorum of this committee is
    present.
        That concludes the committee's votes as part of today's
    business meeting. I thank everyone for their participation.
    Thank you especially to our Ranking Member.
        I now will recognize any member who would like to speak on
    any matters.
        Senator Cardin. I ask unanimous consent to put a statement
    into the record.
        Senator Carper. Please, go right ahead. Without objection.
        [The referenced information follows:]

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        Senator Carper. Senator Capito.

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

        Senator Capito. Mr. Chairman, I am going to briefly talk
    about the bills that we just passed. I am very happy that DERA
    has been moved and unanimously approved. Obviously, it helps us
    replace old equipment with modern, low-emission technologies.
    You were the original cosponsor of this bill in 2005, and I am
    glad we can continue this good work.
        The WILD bill, or the WILD thing bill, I am proud to
    cosponsor with you also, Chairman Carper, and also the 1381,
    the Coastal Habitat Conservation Act, which I thought we passed
    last year, but I guess we got it kind of close. Hopefully we
    will have better luck in the full Senate.
        Anyway, the WILD Act extends a number of important programs
    to promote conservation and the coastal habitat obviously
    codifies the existing Fish and Wildlife Coastal program. It is
    important that programs that are already receiving
    appropriations, like the coastal program, are properly
    authorized by this committee. This bill of Senator Cardin and
    Senator Graham does just that.
        We did just consider the Rosa Parks renaming, which I am
    very much in support of. I would like to speak a little bit
    about the 16 GSA Resolutions to address the needs for the
    Department of Veterans Affairs, the EPA, and NOAA. I allowed
    these resolutions to be considered, but I want to make it
    abundantly clear that the status quo of Federal property
    management by GSA is very unacceptable.
        Recently, the GAO reviewed the utilization of 24 Federal
    headquarters buildings in the D.C. area. Of the 24 reviewed, 17
    used an average of 25 percent or less of their building's
    capacity. That sounds like a colossal waste of money to me.
    These buildings cost billions of taxpayer dollars to operate
    and maintain, regardless of their usage.
        So I look forward to working with GSA to closely examine
    the needs of our Federal agencies and provide them with
    adequate space while removing any excess or waste in our
    Federal buildings portfolio.
        As I have said many times, Mr. Chairman, this committee has
    a long track record of bipartisan legislation and success with
    the American people. I want to thank you for your partnership
    and collaboration.
        Senator Carper. Would you just repeat what you said about
    vacancy?
        Senator Capito. Yes. The GAO study showed that they
    reviewed 24 Federal headquarter buildings I believe in the D.C.
    area. Of the 24 reviewed, 17 of those agencies used an
    estimated average of 25 or less usage of their building's
    capacity. That is not the number of people in, that is how much
    of the actual building they are using. I think we need to take
    a good, hard look at this, maybe into the fall.
        Senator Carper. As a senior member of the Homeland Security
    Governmental Affairs Committee, we work very closely with GAO,
    Gene Dodaro, the Comptroller General. This is something that I
    will be interested in talking with him about, and his team, and
    invite you to join us.
        Senator Capito. Thank you.
        Senator Carper. You bet.
        I understand that Senator Markey has something to add.

              OPENING STATEMENT OF HON. EDWARD J. MARKEY,
              U.S. SENATOR FROM THE STATE OF MASSACHUSETTS

        Senator Markey. Thank you, Mr. Chairman.
        I would say, Mr. Chairman, over the next year I would
    really appreciate it, I think all the committee members would,
    as well, just to let us know which building in Lincoln,
    Delaware you want named as the Carper Building.
        [Laughter.]
        Senator Markey. I think I can get you the votes for that.
    You have to pick the exact piece of real estate.
        Senator Carper. When I was elected to statewide office 14
    times. I am told that is more than anybody in Delaware history.
    The only thing named after me in Delaware is a combined water-
    sewer overflow under the city of Wilmington. We are going to
    see if we can do better.
        [Laughter.]
        Senator Carper. My wife wants to name Dover Air Force Base
    after me, but I am a Navy guy, so that probably does not work,
    either.
        [Laughter.]
        Senator Carper. Thank you for the thought.
        Senator Markey. Let's figure out what that is going to look
    like before the end of next year.
        I wish to be recognized today on the General Services
    Administration Resolutions. While I voted to approve these
    time-sensitive prospectuses, I am deeply alarmed that the GSA
    is failing to address urgent safety issues and ongoing
    infrastructure deficiencies at the John F. Kennedy Federal
    Building in Boston. I have two dozen staff and interns in my
    office on the ninth floor on the second tower of the building.
    I know my partner, Senator Warren, has about the same number in
    the other tower in the structure.
        The JFK Building also houses offices in the U.S.
    Citizenship and Immigration Services, the Department of
    Veterans Affairs, the Department of Labor, the Social Security
    Administration, and the Department of Health and Human
    Services, not to mention the GSA staff themselves.
        More than 2,000 staff work in the JFK Building in Boston
    every single day. Thousands of others come to the building for
    citizenship ceremonies, for visa appointments, for taxpayer
    assistance, veterans benefits, passport assistance. There are
    people accessing basic services, participating in our democracy
    and working to have their voices heard.
        Here is what those people have experienced recently. This
    month, two people were stuck in an elevator for over an hour,
    requiring the labor of Boston Fire Department to rescue them
    from being trapped in a blind elevator shaft. That follows
    multiple occasions where my staff, my constituents and other
    visitors have been trapped and even dropped in elevators. This
    has happened to my own staff in the JFK Building. When the
    elevators are not delivering occupants to the wrong floor, the
    elevators will open their doors but will not move if you hit a
    button for another floor.
        The overhead lights in my office automatically turn off at
    5:55 p.m. on weekdays and remain off over the entire weekend,
    with no way for staff to override or keep lights on in their
    office if they are staying late. That is the same for the air
    conditioning and the heating in the building, which also cannot
    be controlled.
        On April 13th and April 14th, it was 90 degrees in Boston.
    The heat was on full blast in the entire JFK Building, with no
    ability to adjust the temperature.
        Respectfully, let's not ask what the JFK Building can do
    for us, but what we can do for the JFK Building.
        [Laughter.]
        Senator Markey. That would be my hope, that we can work
    that through in our committee. No one's first experience of
    American citizenship should come with terrifying experiences on
    an elevator. No one who has served their country and then comes
    in for their health benefits should have to contend with
    asbestos in the walls. No one who is working day in and day out
    in support of the American people should have to work in the
    dark and without climate control because their office is
    falling apart.
        I will be following up with the GSA with a detailed list of
    questions regarding the status of the improvement, repairs, and
    upgrades to the JFK Building. Until I receive satisfactory
    answers to these questions, I will have concerns and
    hesitations about moving other Resolutions for the GSA.
        I thank the Chairman for his and his staff's willingness,
    and the minority staff's willingness to engage with me on this
    important issue. I look forward to resolving these concerns.
        Senator Carper. Thank you. I thank you so much for that
    always interesting commentary. I do not know who writes your
    material, Eddie, but it is really good.
        [Laughter.]
        Senator Carper. All right, we are still on our business
    meeting. I think before we close out of it, I want to again
    thank our members who have joined us today for voting on these
    important bills. I want to thank our staffs, who have really
    done a lot of work to make this a smooth and easy business
    meeting to go through.
        Senator Carper. I also ask unanimous consent that our staff
    have the authority to make technical and conforming changes to
    the GSA Resolutions approved today. Is there any objection?
        Hearing none, I want to thank everyone for your
    participation. With that, the business meeting portion of our
    day is adjourned.
        [Whereupon, at 10:06 a.m., the committee proceeded to other
    business.]

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