[Senate Hearing 118-714]
[From the U.S. Government Publishing Office]
S. Hrg. 118-714
BUSINESS MEETING
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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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Available via the World Wide Web: http://www.govinfo.gov
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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
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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
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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.
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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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