look back 50 years on spring of 1971 when tens of thousands of anti-vietnam war protesters converged on washington d.c. with investigative journalist lawrence robert author of "may day 1971", a war in the streets and unhold history of the biggest mass arrest. watch american lift tv this weekend on c-span 3. ♪♪ ♪♪

>> the u.s. senate is about to gavel in, they'll be finishing up the water infrastructure bill with final passage expected this afternoon. live to the floor of the u.s. senate here on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. black, will open the senate with prayer. the chaplain: let us pray. eternal god, in times of trouble you hear us. we call to you and you provide

answers. as our lawmakers seek to follow your precepts, guide them in their challenging work. lord, strengthen our senators to trust you completely. provide them with the powers of wisdom, discipline, and discernment. you have promised that in everything you are working for the good of those who love you who are called according to your purposes. let your kingdom come. let your will be done, on earth as it is in heaven. we pray in your sacred name.

amen. the president pro tempore: please join me in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all.

mr. leahy: madam president? the presiding officer: the senator from vermont. mr. leahy: madam president, i suggest the absence of a quorum. the presiding officer: the clerk will call the roll.

quorum call:

mr. schumer: madam president? the presiding officer: the majority leader. mr. schumer: we're not in a quorum? we are? i ask unanimous consent the quorum be dispensed with. the presiding officer: without objection. mr. schumer: now, madam president, last night before a joint session of congress, president biden laid out a comprehensive, thoughtful vision for the country. first, he spoke about what we've accomplished so far and on that front, there was plenty to talk about. the democratic majority in congress passed the most

sweeping federal recovery effort in a generation. the american rescue plan accelerating the pace of vaccinations and our economic rebound. as a result, the united states administered more than 200 million shots in less than a hundred days. more than half of american adults have gotten at least one shot and two-thirds of american seniors are vaccinated. 85% of all americans have received a stimulus check of $1,400 through the american rescue plan. more than 160 million relief checks have been delivered. our economic recovery continues a pace. the u.s. created more than a million jobs over the past three months, the most new jobs in a president's first hundred days in american history. and just this morning, we learned that jobless claims hit a new pandemic low for the third straight week. today's numbers are indication

that our economy is back on track and should be going full throttle. america is turning the corner. america is turning the corner. and over the first quarter, the american economy grew by 6.4%. 6.4%. under president biden and democratic majorities in congress, america is turning the corner. 6.4% growth. wow. that shows you america is back and that shows you the kind of strong, active proposals that we democrats have made are the right direction for the country and have support throughout the country of democrats, independents, republicans because it's the right thing to do, the right thing to do. the story of the first hundred days is a story about shots going into arms, checks going into pockets, life getting back

to normal, and the economy picking up a lot of steam. after one of the most difficult years in history, we've made extraordinary progress. president biden spoke last night about how and where we can build on that strong foundation. we can't rest. we have a lot more to do. we want to keep this country going at a strong rate of growth, creating new job, making america healthier. we want to continue to do that. we're not just going to stop with the a.r.p. we can't. and president biden proposed commonsense investments and policies that will provide a pathway to success for working people and for america as a whole. in particular, the president's focus on jobs, middle class incomes and helping families and workers succeed in a 21st century economy was very much welcomed.

america is breathing a side of the aisle of relief to see joe biden in that chair and not the previous president who just all too often, even in those speeches where you're supposed to rise to the occasion, appealed to the worst instincts of people. the president's plan, president biden's plan will help restore that once innate american optimism that has really been shaken for the last four years. now the congress must act. and as majority leader, i intend for the senate to take up legislation to make president biden's vision a reality. truthfully, a lot of what president biden proposed last night should be bipartisan. just because a democratic president proposed a jobs and infrastructure plan doesn't mean jobs and infrastructure are democratic issues. just because a democratic president proposed a comprehensive plan to address child care and education and workforce training doesn't mean those are just democratic

issues. my republican colleagues in one way or another have joined democrats on legislation in those subject areas for years. president biden spoke at length about the need to outcompete china. that's something our two parties have long agreed on and a topic the senate will address in the next work period. even on the very difficult subjects like police reform, gun safety, immigration, bipartisan compromise, strong bipartisan compromise, strong legislation coming out of bipartisan compromise is never out of reach. senator murphy continues to discuss bipartisan safety measures with senator cornyn and others. senators booker and durbin continue to discuss bipartisan policing reform with senator scott, karen bass, congresswoman sheila jackson lee and many others. just this morning, i met with george floyd's brother,erratic

garner's mother and mr. ben crump, the lawyer for the family of george floyd and told them we're committed to getting meaningful, strong reform done, hopefully in a bipartisan way if we can. here on the senate floor we are proving that our two parties can work together on legislation, including some of the issues that president biden mentioned. today's vote offers a great example. this afternoon the senate is going to vote on a bipartisan water infrastructure bill. we've agreed with the republican minority to consider several amendments first, including three republican amendments. i promised my caucus, the country that we would try to do things in a more open way where amendments would be debated on the floor. we did that last week on the anti-asian hate crimes legislation. we're doing it today on the water bill. and we hope to do it on the comprehensive america competes act when we come back next week.

so, the bottom line is very simple. we are moving forward. wherever we can in a bipartisan way. i expect the senate will pass the water infrastructure bill with a resounding bipartisan vote after the amendments are debated. so let it be a signal to our republican colleagues that senate democrats want to work together on infrastructure when and where we can. certainly, the water bill is not the only example of bipartisan legislation this congress. as i mentioned a few weeks ago, nearly the entire senate stood together to pass legislation to combat the recent surge in hate crimes, particularly against americans of asian descent 94-1. 94-1. and just yesterday, the senate passed with bipartisan support a

measure to reinstate critical rules to reduce the emissions of methane into our atmosphere. it was the first significant action the senate has taken to combat climate change in at least a decade. probably much more. even though our two parties have been divided in the past on the subject of climate change, we can no longer afford to have those differences foil our progress. the methane c.r.a. must be the first, the first of many steps we take to tackle climate change. so these past few months have provided a great example of what the senate can do. the american people deserve a congress that works and produces the kinds of change that americans are demanding. president biden pointed the way. he pointed the way forward on a number of issues last night. now it's up to us here in the senate and in the congress to

make progress -- the progress for the american people a reality. i yield the floor. i don't yield the floor yet, madam president. we have some other work to do. mr. schumer: now, madam president, i move to proceed to executive session to consider calendar number 69. the presiding officer: the question is on the motion. all in favor say aye. all opposed no. the ayes appear to have it. the ayes do have it. the motion is agreed to. the clerk will report. the clerk: nomination, department of health and human

services, andrea joan palm of wisconsin to be deputy secretary. mr. schumer: i send a cloture motion to the desk. the presiding officer: the clerk will report. the clerk: cloture motion. we, the the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the nomination of executive calendar 69, andrea joan palm of wisconsin to be deputy of secretary of health and human services, signed by 18 senators as follows -- mr. schumer: i ask consent the reading of the names be waived. the presiding officer: without objection. mr. schumer: now, madam president, i move to proceed to legislative session. the presiding officer: the question is on the motion. all in favor say aye. all opposed no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mr. schumer: i move to proceed to executive session to consider calendar number 65. the presiding officer: the question is on the motion. all in favor say aye. all opposed say no. the ayes appear to have it. the motion is agreed to. the clerk will report. the clerk: nomination,

department of session, cynthia minette marten of california to be under secretary. cloture motion. we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the nomination of executive calendar 65, cynthia minette marten of california to be deputy secretary of education, signed by 18 senators as follows -- mr. schumer: i ask consent the reading of the names be waived. the presiding officer: without objection. mr. schumer: finally, i ask unanimous consent that the mandatory quorum calls for the cloture motions filed today, april 29, be waived. the presiding officer: without objection. mr. schumer: i ask consent the senate resume legislative session. the presiding officer: without objection. mr. schumer: thank you, madam president. i yield the floor.

mr. mcconnell: madam president. the presiding officer: the republican leader. mr. mcconnell: last night, president biden delivered his first address to a joint session of congress, and today marks his 100th day in office. president biden is a likable person. many of us remember serving with him in this chamber. but while the tone of his remarks were understated, the content was anything but. he talked at length about competing with china without mentioning that he wants to cut u.s. defense spending after inflation, exactly what we cannot do if we want to keep pace. he talked about immigration without taking any responsibility for the border crisis that has his administration packing unaccompanied children into

facilities and releasing arrivals into our country. and the president talked about togetherness while reading off a multitrillion-dollar shopping list that was neither designed nor intended to earn bipartisan buy-in. a blueprint for giving washington even more money and even more power to micromanage american families and build a country's liberal want instead of the future americans want. think back to the start of this administration. remember its day-one priorities. actually a pipeline project that would have supported thousands of jobs, freezing the exploration behind america's energy independence, and re-signing the climate agreement that has gotten less emissions reduction out of china inside the deal than the u.s. achieved on our own outside the deal.

the approach has remained equally radical since. even after c.d.c.'s own experts showed months ago that schools are safe, the administration's partisan covid bill threw money at districts without requiring prompt reopenings. as a humanitarian crisis mounts at the southern border, the president's team has offered mixed messaging and ineffectiveness. while iran keeps ramping up nuclear rhetoric and financing terror across the middle east, this white house keeps downplaying the iranian terror. they appear eager to squander sanctions leverage and go back into a failed deal from back in the obama era. and again, as russia and china fast-track military modernization, president biden turned in a defense spending proposal that would put u.s. forces behind the curve. that was the backdrop for last night's speech.

but instead of practical plans to fulfill these basic responsibilities, america heard a lengthy liberal daydream. we heard about the so-called jobs plan packed with punitive tax hikes at exactly the time our nation needs a recovery. our legal experts say it would actually leave americans with lower wages at the end of the day. we heard about the so-called family plan, another gigantic tax and spend colossus. instead of empowering all kinds of families with flexibility, this one would just subsidize specific paths, so washington can call the shots from early statehood through graduation. but wait. there is more. there was hostility toward the second amendment rights of american citizens. there was support for democrats' sweeping election takeover bill that would neuter voter i.d. in all 50 states. oh, and by the way, make the

federal election commission a partisan body. oh, and legalize ballot harvesting where paid political operatives can show up carrying stacks, stacks of other people's ballots. here's the bottom line. recall more than a year ago at the outset of the pandemic, a democrat said this crisis provided the left a tremendous opportunity to restructure things to fit our vision. well, last night president biden said much the same, that his administration intends to turn a crisis into opportunity. the far left certainly gets the message. some of the most liberal members of congress have gone out of their way to say they are surprised and slighted by the president's willingness to do things their way. even a neutral wire report explained yesterday that the biden agenda fundamentally seeks

to transform government's role in the lives of every day americans. let me say that again. a neutral wire report explained yesterday that the biden agenda seeks to fundamentally transform and expand government's roles in the live of every day americans. it's an attempt to continue to drag a divided country farther and faster to the left. this administration wants to jack up taxes in order to nudge families towards the kinds of jobs democrats want them to have in the kinds of industries democrats want them to exist, with the kinds of cars democrats want them to drive, using the kinds of child care arrangement that democrats want them to pursue. these plans aren't about creating options and flexibility for americans, it's about imposing a vision. instead of encouraging work and rewarding work and helping to connect americans with more opportunity to work and build their lives, this administration

is working overtime to break the link between work and income. they want to break the link between work and income. outside observers across the political spectrum agree these democrats are unlearning the commonsense pro-work lessons of bipartisan welfare reform from back in the 1990's. this isn't what the american people voted for. this country just elected a 50-50 senate, a very closely divided house, and a president who talked a big game about cutting deals, bringing people together, and building bridges. but even on subjects as historically bipartisan as pandemic relief, voting rights, and infrastructure, our democratic friends have become addicted to divide and conquer. as our distinguished colleague, tim scott, put it last night, they won't even build bridges to build bridges.

well, it doesn't have to be this way, madam president. republicans actually support competing with china. republicans support actually helping working families. republicans support actual infrastructure. ranking member capito and a number of our leading republican colleagues have rolled out a multi$100 billion targeted infrastructure proposal. today, in fact, the senate is set to pass bipartisan legislation to help states and localities provide clean and safe drinking water. our president will not secure a lasting legacy through go it alone radicalism. it won't be good for the country and whatever the democrats do get done through partisan brute force will be fragile. the american people need us to find common ground and to move this country forward and they would like for us to do it together.

now, madam president, i ask unanimous consent the senate proceed to the consideration of s. res. 189, submitted earlier today. the presiding officer: are the clerk will report. the clerk: s. res. 189, congratulating the university of kentucky's women's volleyball team for winning the 2020 national collegiate division i women's volleyball championship. the presiding officer: is there objection to proceeding to the measure? without objection. mr. mcconnell: i ask unanimous consent, resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate. the presiding officer: without objection. under the previous order, the leadership time is reserved. morning business is closed. under the previous order, the senate will resume consideration of s. 914, which the clerk will report. the clerk: number 34, s. 914, a

bill to amend the safe drinking water and the water pollution control act to reauthorize programs under those acts, and for other purposes. the presiding officer: under the previous order, the following amendment are the only amendments in order to s. 914, which the clerk will report by number. the clerk: the senator from florida, mr. rubio, proposes 14 # 1, as modified, the senator from new hampshire, senator shaheen proposes 1461, mr. kennedy proposes amendment numbered 1469, and the senator from utah, mr. lee, proposes amendment numbered 1472. mr. carper: madam president. the presiding officer: the senator from delaware. mr. carper: madam president, good morning. the senate is now considering s. 914, the drinking water and wastewater infrastructure act of 2021. this legislation was record unanimously last month by the committee on the environment and public works on a vote of 20-0.

i rise today to join senator capito and to encourage our colleagues to join us in voting for the adoption of this legislation. this legislation will help upgrade the nation's drinking water and wastewater infrastructure, investments that are sorely needed. madam president, so our colleagues understand the real need for drinking water and wastewater investments, let me begin today by sharing a bit of my own personal history on these issues and invite our colleagues to maybe recall a bit of their own history. my sister sheila and i were born in beckly, west virginia, a coal mining town in the southern part of the state. for two of the six years we lived there, we lived alongside beckly county and alongside a stream known as beaver creek. we lived outside of beckly by a couple of miles.

sometimes my scientist sister and i and other -- my sister and i would play on the banks of beaver creek, chasing frogs, trying to catch the small fish that swam there. we were never allowed to eat fish caught in beaver creek and our neighbors never did either. why? because we were told under no uncertain terms by our parents that it wasn't safe to eat those fish. in time we learned some of the reasons why it was unsafe. some of the septic tanks nearby was not well maintained and as a result raw sewage would seep into beaver creek. my sister sheila and i would grow up in danville, virginia. it had once been the last capital of the con corn fed res.ee, by the time we got there it was part of the world's

biggest tobacco market, our radio station was wbtm, we lived in what i suppose was a middle-class neighborhood outside of town and we drank water from a well in our own backyard located less than 100 feet from our septic tank. my senior year of high school i was awarded an rotc scholarship and there we drank water provided by the city of columbus which treated the sewage of close to a half million inhabitants. after graduating from ohio state in 1968 and deployed as a naval officer during the vietnam war, i would learn that the ohio river caught on fire. i dubbed the fire heard around the world. and it served as a wakeup call to our nation to get serious and

address the air and water pollution that was all too prevalent in much of our country. spurred by the wakeup call, our president, richard nixon, created the environmental protection agency in 1970. and inspired, in part by the burning of the cuyahoga river and the outrage of dumping of pollution in rivers, streemtion, and -- streams and wetlands, congress enacted the clean water act but was vetoed by richard nixon. the goals of the clean water act are at the same time simple and profound. these are the words. to restore and maintain the chemical, physical and biological integrity of the nation's waters. let me just repeat that. to restore and maintain the chemical, physical and

biological integrity of the nation's waters. the clean water act that congress ambitiously declared that the waters of the united states would be fishable and swimmable by 1983, and that there would be no more pollution discharged into our waters by 1985. two years later in 1974, then-president gerald ford signed the safe drinking water act into law. in the years that followed, cities and communities across our country applied to e.p.a. for grant funding to help build new drinking water systems and improve existing ones of similarly with the help of e.p.a. grants, communities across america built or upgraded wastewater treatment systems. over time, grant requests greatly exceeded the funding available through e.p.a. grants. and during the reagan

administration, a controversial new approach was proposed, the creation of involving loan funds administered and managed by each state and after considerable debate and compromise, this proposal was enacted into law. i was serving in the house of representatives at the time and ended up supporting that proposal. and that's the concept of state revolving funds was born in 1987. the clean water program was an alternative financing mechanism for the construction of wastewater facilities. congress extended the same revolving loan fund concept to federal drinking water programs in 1996. federal funds exceeded revolving funds in all 50 states and puerto rico and provided support for projects in the other territories and the district of columbia, right here. this federal support leveraged

state and local funding, along with revenues generated by utilities. in the years ee immediately following the creation of these funds, congress modified them to meet the changing needs in cities and communities across the country and inspired the use of new technologies. in more recent years, however, the program's language and the authorizations for the state revolving funds were in dire need of updating. in 2018, for the first time in 22 years -- 22 years, congress reauthorized the drinking, water state revolving fund. did so for three years. the clean water state revolving loan fund used for wastewater and other vital needs has not been reauthorized in nearly, get this, 35 years. and now the drinking water state revolving fund is set to expire at the end of this year -- at the end of this year. somebody should do something, and that somebody is us.

needless to say, we fallen short of congress's ambitions to create fishable and swimmable waters by 1983 and to eliminate the discharge of pollution in waters by 1985. it is clear the system we have now, despite our best efforts isn't enough to meet the needs of our communities. particularly those who cannot afford to participate in loan programs, to upgrade increasingly adequate drinking water and wastewater facilities. for far too many families in this nation, access to safe, clean drinking water, and a healthy environment is a dream -- just a dream. and a lot of folks, too many folks face a real crisis. all too often we see headlines telling the poor state of infrastructure in our country and the lack of resilience in the face of severe weather. not that long ago in texas,

earlier this year, nearly 15 million people -- 15 million people lost access to clean water. when plummeting temperatures broke, water maintenance brought power town across the state. in jackson, mississippi, that same harsh weather caused over 80 water main breaks and left tens of thousands of people without water, particularly in predominately african american neighborhoods. but we know this goes beyond a few isolated cases. the problem of water in our nation runs deeper. millions of americans still lack consistent access to clean drinking water today. the american society of civil engineers 2021 report this year called for -- the report of that america's infrastructure -- they give out grades a, b, c, d, e, c

f, they gave our water system a grade of c minus. i never got much of a pat on my back if i brought home a report card with c-minus. that is not satisfactory. that same report also revealed that there's a water main break every two minutes -- every two minutes in the united states. and that six billion gal lofns of treat -- gallons of treated drinkable water are lost each day to leaks and crumbling water supply systems. six bill gallons. that begs the question how much is six billion gallons anyway? well, it's enough water to fill 9,000 swimming pools. let me repeat that. it's enough water to fill 9,000 swimming pools. not each year, not each month, not each week. every day.

some communities report losing a quarter or even haf of their -- even half of their drinking water to leaking pipes. in my own state of delaware where senator coons and i come from, communities like el ellendale, delaware have struggled for years to find safe alternatives. ellendale is not alone. thousands in communities of color, tribal communities, rural communities and others struggle not only with access to clean water and wastewater treatment but also with the capacity to afford the infrastructure necessary to provide and meet those services. let me emphasize. clean water is an essential part of our healthy lives. healthy economics and a healthy environment. but for those communities who simply cannot afford it pay back loans or for -- for needed water infrastructure, we've got to find a better way.

and i think by working across the aisle and working hard, our committee, environmental public works committee is suggesting a better way in the legislation before us today. i'm pleased to report that, madam president, that these are challenges that we have sought to address headon with this legislation. this bipartisan legislation that we consider today authorizes more than $35 billion for drinking water and wastewater infrastructure programs at the environment -- environmental protection agency over the next five years. these problems will create jobs, making our communities healthier by building, by repairing, by upgrading, and by modernizing our nation's aging drinking water and wastewater infrastructure systems. here's how. first the measure takes the historic step of reauthorizing the clean water state revolving loan fund for the first time in 35 years. 35 years.

and it does so by increasing funding levels for the first time since 1987. this legislation also reauthorizes the drinking water state revolving loan fund, a program whose authorization expires, as i mentioned earlier, at the end of this year. this fund helps to ensure that clean water flows whenever we turn on our faucet. that clean water comes out of it. next this bill makes sure that we're helping our fellow americans most in need, the least of these, most in need by boosting funding for programs that fund projects in low-income areas and rural communities and tribal lands and communities of color that historically have been left behind by investments in our water infrastructure. according to a recent analysis, water systems with multi-year safe drinking water violations are 40%, 40% more likely to be in places with higher proportion of people of color. drinking water quality

violations are by far the most frequent in low-income rural communities where local governments struggle to finance the most basic water infrastructure needs. to help resolve this historic injustice, more than 40% of this bill's investments are targeted to help disadvantaged communities. the bill authorizes -- our bill authorizes more than a billion in new funding to reduce lead in drinking water and particularly for our country's rural areas, tribal populations and low-income neighborhoods, our bill invests another billion for houshouseholds to connect west r and systems services. wide disparities and opportunity in investment are also present in tribal communities. our legislation grows the tribal drinking water program by 20% and reforms programs to help tribal education agencies, remove lead from their drinking

water systems, too. this legislation does far more than just fix what's broken, madam president. to borrow a phrase from president biden, this legislation actually does build back better by fortifying water infrastructure for our new and worsening climate reality. i'll be honest with you, madam president and colleagues. in this country ours is a future that promises more severe wet he events -- weather events like hurricanes, floods, droughts, and bitterly cold weather. it is a future, like it or not, with more and more people living on the front lines of sea level rise like my home state of delaware, the lowest lying state in our nation. to that end the bill provides a combined $500 million to make our water infrastructure systems more resilient and adaptable in face of extreme weather events. within that historic investment is a new $125 million program

which will for the first time, for the first time provide grants to communities seeking to fortify the wastewater systems against climat climate change's. finally with our eyes focused on the future, our bill expands governments' role in researching and developing the water technologies for tomorrow. by investing in technologies to improve, for example, storm water control and waste management. by doing so we can help american companies export innovation while not exporting jobs. rather by citing them -- creating them right here. this is not just a bill to spread and suspend and build though, but legislation that will direct legislations to build and spend more wisely. we know that investment innovation as visioned in the bill before us can have a profound positive impact on our economy creating jobs and fostering growth for our entire nation. we can in short seize opportunity in the face of so

much adversity. as we say in delaware, carpe spaitz diem, seize the day. actually we say carper diem, seize the day. you want to go fast, travel alone. if you want to go far, travel together. and on this bill, madam president, i can probably say senator capito and our colleagues on the environment and public works committee have chosen to travel together. the drinking water and wastewater infrastructure act of 2021 passed out of environment and public works committee with a resounding vote of 20-0, 20-0. and from outside the halls of congress, this bill has earned praise across the political spectrum from big cities to small communities. a group of government officials that include the u.s. conference of mayors wrote that this measure, and i quote, will help address the many water

infrastructure challenges that communities face. i go on to quote. local leaders support the drinking water and wastewater infrastructure act as a reliable, long-term, and increased federal investment in water infrastructure. close quote. representing our less populated areas of the country, places like raleigh county, west virginia where i was born, my sister and i was born, senator capito and joe manchin know it as well. his wife is from there. places like sussex county and southern delaware, the rural community assistance partnership says, and i quote, proud -- this is what they say of our legislation. proud to support this bill because americans deserve clean, safe, reliable, and affordable drinking water regardless of the community's size or zip code. close quote. i could not agree more. we know that access to safe, reliable, and helpful -- healthful water is not a blue

state or red state issue. it's an issue that goes to the core of the promise afforded to every american. in thomas jefferson's declaration of independence, our country's decoration -- declaration of independence largely penned by thomas jefferson, these words, the promise of life, liberty, and the pursuit of happiness. none of us can expect to pursue, much less enjoy this american ideal if we don't have access to clean water to drink. because without water, we have no life. the need for action on this issue is clear. to that end i've been grateful for the partnership for ranking member senator capito. i'm proud this measure is the very first piece of infrastructure legislation i believe to be reported out of a senate committee in this, the 117th congress. environment and public works committee has a long tradition, as some know, of working across the aisle to get significant legislation over the finish line. and this bill is the latest

example of the kind of work that we do. i'd like to say we're workhorse, not show horses. this is the first one that senator capito and i have been able to work on together, and i'm grateful for all that she and her staff have done to get us to this day. i often say bipartisan solutions are lasting solutions. think about that. bipartisan solutions are lasting solutions. that's how i think we should approach our most -- all of our work here in the senate, by reaching out to our colleagues across the aisle where we can to create lasting solutions to challenges facing our nation. and this bill before us today is a product of that kind of partnership. the legislation is a result of tireless dedicated work by ranking member senator capito, by her staff, and by my own. i want to thank them and every member, every member of our committee for all their outstanding bipartisan work, for all their contributions to helping us craft this legislation over the last several months. i especially want to note on my staff john cain sitting next to

me, margaret mcintosh also known as mackey, tyler hoffman, riordan, and our fearless director mary francis. another member of our team who used to be part of our e.p.a. team who is now leaving our staff, her last day, ashley more began. we want to thank her for -- morgan. we want to thank her for all of her help. also adam thomason for his leadership with ranking member capito and her e.p.a. team, including jess kramer and travis. we thank them all very, very much. and finally, a big shut out -- shout out to our water subcommittee chair, senator duckworth for taking the lead to introduce this excellent measure and senator cardin and ranking members -- senator lummis of wyoming and senator cramer. and it's been a pleasure to work with each of you and your

staffs. i would go so far to say a labor of love. a labor of love. with this bill's level of support, it's my hope we can seize this momentum and pass this measure quickly this week. i urge all my colleagues to join senator capito and me in supporting this comment bill. before i yield the floor, madam president, i just want to reflect a bit last night on the address that was brought to us by our president from delaware, joe biden, long-time friend and colleague. i was encouraged by his remarks. he's not a very partisan person. and i think he reached out, a hand of friendship to both the other side of the aisle and the house and the senate to try to work together. we -- a retired navy captain, vietnam veteran and i'm a big believer in leadership by example, big believer in leadership by example. our committee, environment and public works committee, senator capito, before that senator barrasso and above that barbara

boxer and chairman inhofe, we have sought to provide bipartisan leadership and show by example. and we're trying to do that again here today. my hope is that god willing that about a month from now, we'll bring another bill up for a vote for debate in our committee on service transportation, roads, highways, and bridges and maybe continue to set a good example for this body and for the administration and the house, too. so with that in mind, madam president, i think -- i'm not sure -- i'm looking for senator capito. i don't see her on the floor. but i do see the whip. my friend, senator thune. i think maybe i should yield to him. senator thune and i, we shouldn't tell you guys, senator thune and i, every thursday -- almost every thursday we join with the chaplain of the united states senate, barry black, who is a retired admiral, chaplain of the senate now. he's good enough to host a bible

study. in his office space. and we usually end up sitting there and -- one of my favorite parts of the week. almost every week he reminds us of matthew 25. i would just say senator thune knows the bible better than most pastors but it's true. our senate chaplain barry black will oftentimes remind us of matthew 25. when i was thirsty, did you lead me to drink. we have i think a moral imperative to act on this legislation, make it better, and be able to hammer on out a compromise with the house and the administration. there's a moral imperative to pass legislation of this nature. there's also a fiscal imperative. i talked about filling up how many thousands of swimming pools just by water leakage in one day. there's a health imperative in the middle of the worst health crisis in like 200 years. there's an economic imperative here as well. it's hard to foster economic

growth and development in communities where the wastewater is not well treated and the drinking water you can't drink. who wants to set up a business in a place like that? there's a lot of reasons why we need to embrace this legislation, make it better if we can, and send it off to the house and get the conference -- get -- get the conference. the presiding officer just joined his -- a friend from new jersey who for many years joined us in our bible study, senator booker. senator duckworth and myself formed a caucus that is designed to make sure we don't overlook the least of these. i want to assure him and thank him for his leadership. i see senator capito is here. i'm not sure i should yield to the whip. senator thune, i will yield to you. mr. president, i yield the floor.

the presiding officer: the senator is recognized. mr. thune: mr. president, i would echo what my colleague from delaware has said about the chaplain's bible study on a weekly basis. that i think is the highlight for many of us throughout the week. i would also say that the senator from delaware also has a very -- very good command of the holy scriptures. i appreciate the opportunity he and i and others have on a weekly basis to participate in that study and would encourage other members to join us. it is truly an inspirational time and something i think we all need in our -- in the business that we have here on a -- busy-ness we have here on a weekly basis in the senate. last week, the green new deal resolution was introduced. i think most americans remember this socialist fantasy from when these members introduced it two years ago. it would be hard to forget a proposal with that price tag. there was one think tank that

analyzed the initial proposal and released a first estimate that found that the green new deal would cost between $51 trillion and $93 trillion over ten years. let me just repeat that, mr. president. between $51 trillion and $93 trillion over ten years. to put that number in perspective, mr. president, our entire federal budget, our entire federal budget in 2019 was well under $5 trillion. it would be interesting to learn where we're going to get that kind of money. a massive tax hike on the rich wouldn't get us close to paying for this, but i don't think i'm the only one who isn't sure where we get the money for this. i don't think the plan's authors have a very clear idea of that either. in fact, the entire green new deal resolution is notable for its complete lack of specificity. it proposes outlandish impossible goals like upgrading every single building, every single building in the united states in the next ten years for maximum energy and water

efficiency, as well as comfort. but it offers zero, zero, mr. president, specifics for how we might actually accomplish them. i'm not surprised because there is no way to come close to accomplishing everything the green new deal's authors want to accomplish over the next decade without enormous economic pain. mr. president, so often when hearing the policies of the far left, environmental and otherwise, i'm struck by how they leave people out of the equation. now, of course, the individuals proposing these plans don't think that they're leaving people out of the equation. the green new deal's authors are clearly under the impression that they are creating a paradise for american families, a paradise that includes government supervision and the administration of just about every aspect of american life. but the reality is that like so many utopian plans, most of the environmental left's sweeping ideas for remaking our society would have nightmares effects in practice. higher energy costs, reduced economic growth, sharp increases in the cost of essential

commodities like groceries, huge tax hikes, and job losses. mr. president, today i want to talk about just one example of the damaging potential of environmental extremism which has relevance for a bill that i'm introducing today, and that has been an increasing tendency on the part of the environmental left to demonize the consumption of beef. and this tendency is creeping into the mainstream. earlier this week, food website especially curious, -- epicurious, a website a lot of americans turn to when wanting to know what to cook for dinner announced it will no longer add new recipes using beef. the website said it is not antibeef but pro planet. it is wrong on both counts. first, the move to demonize beef could have consequences for a lot of ranchers like the ones i represent in south dakota. if demand for beef drops, some of these ranchers may be out of a job. of course, the green new deal's

authors would probably suggest a government program to help them out, but i can't think of many ranchers i know who would like to abandon their way of life for dependence on a government program. and, mr. president, there is no reason that they should have to. contrary to the story being pushed by the environmental left, beef production is directly responsible for only a tiny fraction of u.s. emissions, and beef cattle actually play an important role in managing pasture lands that sequester vast amounts of carbon. on top of that, it's become clear that with certain feed additives, it is possible to significantly reduce cattle emissions, making the demonization of beef even more wrong-headed. mr. president, today i'm introducing the livestock regulatory protection act with my colleague, senator sinema. i actually introduced this bill years ago with the democrat leader before it actually became dangerous for members of the democrat leadership to support anything that might anger the environmental left.

the livestock regulatory protection act is simple. it would prevent the environmental protection agency from imposing emissions regulations relating to the by logical processes of livestock. we really shouldn't need this bill, mr. president, but it's becoming increasingly clear that we do. this legislation was included in annual funding bills on a bipartisan basis for a number of years after the democrat leader and i first introduced it, but the house has omitted it from its recent bills and the senate has had to secure its inclusion in the final bills. passing this legislation would give livestock producers long-term certainty that their livelihoods will not be compromised by overzealous environmental crusaders. mr. president, i believe very strongly in protecting our environment. i have been an outdoorsman all my life. in many ways, outdoors outdoorsd women are the original environmentalists. if you value spending time in the outdoors, whether you are hiking, fishing or swimming,

it's likely you will care a lot about keeping our air and water clean, preserving native species and safeguarding our natural resources. i have been interested in clean energy issues for a long time and have been introducing legislation to support clean energy development for more than a decade. in february, i introduced two bipartisan bills to support the increased use of biofuels and emphasize their clean energy potential. currently, the e.p.a.'s modeling does not fully recognize the tremendous emissions-reducing potential of ethanol and other biofuels. the adopt greed act which i introduced with senator klobuchar would fix this problem and pave the way for increased biofuel use both here and abroad by requiring the environmental protection agency to update its greenhouse gas modeling for ethanol and biodiesel, using the u.s. department of energy's greek model. i also introduced a bill to advance long-stalled biofuel registrations at the e.p.a. regulatory inaction has stifled the advancement of promising technologies like ethanol

derived from corn kernel fiber even though some of these fuels are already being safely used in states like california. my bill would speed up the approval process for these innovative biofuels. this would allow biofuel producers to capitalize on the research and the facility investments that they have made and improve their operating margins while further lowering emissions and helping our nation's corn and soybean producers by reinforcing this essential market. just last week, i joined colleagues from both parties to cosponsor the growing climate solutions act, legislation to make it easier for agriculture producers and foresters to participate in carbon markets. this bill is a great example of the kind of bipartisan process we should be following when it comes to climate legislation. so as i said, mr. president, i strongly believe in protecting our environment. i believe that we need to protect our environment in a way that takes account of people, too.

and that means promoting legislation that is good for our environment and, and for our economy. it is good for our environment and good for agricultural producers. it is good for our environment and good for american families. and that's why i've introduced proposals like the soil health and income protection program or ship. this program is a short-term version of the conservation win for both our farmers and ranchers. ship which became law of the 2018 farm bill provides incentive for farmers to take their lowest performing cropland out of production for three to five years. like the conservation reserve program, it protects our environment by improving soil health and water quality while improving the bottom line for farmers. along with my livestock producer protection bill, i am also introducing legislation today to eliminate the november 1 haying and grazing date for cover crops. cover crops provide a lot of environmental benefits. they improve soil health, reduce

erosion, nutrient runoff, improve water quality and sequester carbon. they also benefit farmers since their animals can graze these crops or the cover crops can be harvested to provide forage for livestock. currently the haying and grazing date, the date on which farmers can start harvesting or grazing cover crops is september 1 which is too late in the year for farmers in more northern states like south dakota. early winter weather in these states can cause cover crops to freeze before they can be used for haying and grazing. the legislation i am introducing today with my colleague senator stabenow would fix this problem by letting farmers harvest and graze cover crops without of the primary nesting season which ends august 1 in south dakota, allowing both farmers and our environment to benefit from these crops. mr. president, protecting our planet is imperative. and government certainly has a role to play in promoting clean energy and sound environmental

policy. but putting the government in charge of our economy, in fact, putting the government in charge of pretty much every aspect of american life as the green new deal would do is not the answer. innovation, not government, is the key to addressing environmental challenges. unfortunately, president biden is embracing a whole host of green new deal-like policies. take his so-called 30-by-30 directive, directing the u.s. department of agriculture and other agencies to provide recommendations that conserve 30% of u.s. lands and waters by 2030. i have already heard from ranchers and landowners in south dakota who are concerned about the measures the administration could pursue to meet this goal, including, including federal land acquisitions and burdensome regulations on private landowners, many of whom are already doing everything they can to promote the health of their land. there is also serious reason to doubt the government's ability to manage a vast amount of new land. the federal government already frequently fails to properly

manage the land that it already has, yet some believe that we can give the federal government huge new swaths of land and somehow the government will manage it properly. but that's the problem with a lot of these socialist fantasies. they assume that the government will achieve levels of efficiency and productiveness that the government has simply never demonstrated. it's the triumph of fantasy over experience. surely the people espousing socialist fantasies have sat in long lines at the d.m.v. or remember how the obama administration had more than three years to prepare for the opening of the obamacare exchange, yet couldn't even come up with a working website in that time period. and yet, the green new deal's proponents are advocating that we put the government in charge of pretty much every aspect of american life. socialists and the democrats parroting their ideology don't want to believe it, but the

truth is that private individuals are often a lot more efficient, effective, and innovative than government. and we should be focusing our energies on supporting that efficiency and effectiveness and innovation instead of attempting to solve our environmental problems by giving government more than it can handle. mr. president, i will continue working here in congress to advance policies that promote clean energy and improve our environment without placing heavy burdens on american workers or american families. i will continue to advocate for policies that encourage and harness the ingenuity of the american people in facing our environmental challenges, and i will continue to oppose legislation that prioritizes supposed environmental gains over the well-being of the american people. mr. president, i yield the floor. the presiding officer: the senator from utah. mr. lee: mr. president, water is

one of our most precious resources. it's vital to life, necessary for agriculture, industry, recreation, conservation. the development of growth and cities and so many aspects of our day-to-day lives. unfortunately, for states like utah, states with a lot of federal land and states that are dry in many areas, our supply for this critical resource, water, is threatened under the antiquities act. why is this the case? well, let's review the background. back in 1908, the supreme court concluded that when the federal government reserves land for an indian reservation, it also implicitly reserves sufficient water on that land to fulfill the purposes of the reservation, creating the federal reserve water rights doctrine. in later cases, the court expanded the doctrine to apply to other federal properties, other federal properties like national forests and recreation

areas. then in 1976, the supreme court held that the doctrine applied to national monuments created by the president. in other words, it affirmed the president's authority unilaterally to change the legal water rights within a state simply by designating a monument under the an particular -- antiquities act. now the president has the authority to create a monument so it makes a state like mine, 67% of which is owned by the federal government, a sitting duck for abuse. now, we've talked about antiquities act abuses in other context of here i'm focusing in on a very air in yes ramification of antiquities rights abuse. it is the narrow abuse that i'm trying to address with this amendment. monument designations can be and often are made without the

approval of the state and its inhabitants and unfortunately in recent years, these designations have grown rather significantly in size and in scope. the result for public land states like utah has involved access and use to the water supply being significant liqueur taild. in some cases -- curtailed. in some cases privately held water rights are even terminated all together and it opens up the door to even greater abuse under the antiquities act down the road. imagine for a moment if a proposal for a national monument were designated in just one river basin, such as the grand canyon. in order to preserve the flow of water on the colorado river through the grand canyon, water rights, legally established, long-established water rights, could be eliminated --

completely eliminated in -- in colorado, in utah, in arizona, in nevada, in california through the stroke of the executive pen. a reservation of water could reduce or eliminate drinking water for communities across the west. it could eliminate irrigation water for almonds or grapes in california. the pearl ills are endless. that's why i'm introducing an amendment that would -- when designating a national monument. it's important for me toking mention now that i've explained what this amendment would do, i want to talk about what it would not do. my amendment would not prevent the president from creating a national monument itself. and furthermore, it would still allow for water rights to be acquired for a monument through this -- through the state system in which the water rights themselves reside. it would simply and fairly give

a states a say in the process, regardless of how you feel about national monuments or about the antiquities act. i made clear in the past i've got grave concern with the antiquities act and i believe it needs to be repealed. this bill does not do that. this bill cabins off water rights and says that water rights need to be handled through the legal process through which they'd otherwise be handled to which they would be otherwise subjected. this is a simple, commonsense solution to ensure that utah and other states where there's a lot of federal public land are guaranteed the protection of their existing water rights and a reliable water supply. it would be easy to dismiss or denigrate or downplay the importance of this. if you live in a state where there's not much federal land, but if you live in a state like mine, where most of the land is owned by the federal government, you can understand how quickly

this could become destructive if abused and that's exactly why we need this amendment. i urge all my colleagues to support it. thank you, mr. president. the presiding officer: the senator from delaware. mr. carper: my neighbor, mr. president, i want to take a few minutes this morning -- additional minutes this morning to discuss the water issues facing rural america and the presiding officer comes from the garden state, and many of us think of my state as the poultry

state, they think we have about 3,000 chickens. so almost every state is a rural state in one way or the other, but the issues facing rural america often do not get the same level of attention or assistance with drinking water and wastewater programs that larger, more urban or suburban areas receive. as our committee, environment on public works, was drafting the dricking water act of 2021, the legislation before us today, many of us focused on the need to invest in small, rural communities because they often get left behind. these communities are overlooked or overburdened when it comes to addressing the drinking water or wastewater needs of their residents. 80% of the country's almost

17,000 wastewater utilities serve a population of fewer than 10,000 people. more than 90% of the country's 43,000 community water systems serve a population of fewer than 10,000 people. small and rural communities have more difficulty affording public water service. these communities lack the population density need to financially support a public water drinking water system and if they managed to build a system, they often lack people to properly staff it. in fact, this -- i was shocked to hear this, but 43% of small water systems are operated by one person -- by one single person, 43% of small water systems often the staff is one person. these small towns and water systems face the same challenges

as larger systems in making sure the water is safe, making sure the water is clean and reliable. these communities have to do it with far fewer resources in many instances. i will share a couple of examples, just from my home state and i'm sure everybody can provide examples from their own state. there is a town near the delaware line, not far from -- dewey beach. there is no operator after the operator passed away from cancer. the only other licensed operator for the town is currently out on disability and the remaining two operators are not fully licensed. this bill would reauthorize -- the town would be able to have the required training for the state licensing exam. this program also helped to train these individuals in areas

like disinfection control, filtration, provide on-site technical assistance to leak protection. another example, the pep ridge mobile home park suffered many years of waterline breakage, no valves, meters, inadequate distribution lines. the delaware rural water association through the state revolving funds was able to retain funds to do a full water line upgrade. we'll also reauthorize this program at an increased level of funding. this legislation before us today specifically helps rural and small town america by reauthorizing critical programs like the ones i mentioned in -- in my home state and will make these more affordable to the rate pairs. passing this legislation -- payers. passing this legislation will address the overwhelming

strawc -- infrastructure needs for communities. according to the drinking water assessment, rural drinking water needs are currently estimated at $74 billion, including $3.3 billion just for indian country. to help rural communities, this bill expands drinking water technical assistance opportunities for rural communities by authorizing more than $75 million in technical assistance grants. we've been joined on the floor by the prime author of this legislation, the senator from illinois, and i'm just going to stop where i am in my discourse on rural american, the water needs of a lot of our rural communities and to yield the floor unless -- unless senator capito -- no, senator duckworth, i wanted to thank duckworth for being the prime sponsor of this legislation for allowing the rest of us, we have a big racetrack where we use the term

drafting, once a car gets close behind the other and kind of holds on. we want to thank senator duckworth to allow others to draft on and she and senator lummis. thank you. the presiding officer: the senator from illinois. ms. duckworth: mr. president, i remember sitting in a house oversight community years ago on the flint water crisis. at the time my oldest daughter abigail was just a year old. i remember looking out into the audience and seeing just a hand holding a baby bottle from the middle of a crowd in that hearing room. that looked like the one that my own baby drank out of, it was ale little bottle. but unlike my daughter's bottle, this one was brown, a muddy, murky brown.

i can't begin to imagine what it would have been like to drink that water while i was pregnant or to have no choice but to give it to my baby because the system that i trusted to provide my family clean, safe drinking water failed me. but that kind of nightmare remains the every day reality for far too many parents across the country. it's been seven years since the leaders of the city of flint tried to save a few dollars by swapping out the drinking water supply from the flint system to the detroit water, poisoning 9,000 kids in 18 months. but the damage inflicted on that community will never go away. and while flint was a tragedy, it was not an anomaly. according to the e.p.a. and c.d.c., there is no known safe level of lead in a child's blood. more than six million homes get water from lead-service lines,

including illinois, which has more lead service lines more than any other state in the country. despite lead service lines being band nearly 35 years ago, as of 2019, roughly half a million children under the age of 6 still had elevated levels of lead in their blood, something that can cause permanent brain damage. and that is just one of the many issues that communities struggle with every day due to the outdated and dilapidated water systems. instead of working to address these known issues, the federal government's spending in the water sector fell from 15% to a meager 9% in 2017. our dwindling and state investment into our water infrastructure are allowing countless americans to be exposed to pollutants whether it is a sip from the kitchen facets or living near an outdated water

system. part of the problem with water infrastructure is that it is expensive and no one sees it. out of sight, out of mind. but that only lasts until there is a major problem like in texas where over 15 million people were temporarily left without access to clean water. well, we have to stop waiting for our infrastructure to fail us before we invest in it. we cannot wait around for another crisis to sicken our families before we decide to put real state and federal dollars into rebuilding our drinking water and wastewater systems. imagine if your child was one of those who had gotten sick because legislators refused to take action on such an obvious crisis. imagine if you had to be the one to get your newborn to sip on water too opaque to see through. we should not let even one more parent to suffer through that scenario. access to clean water is a human right and every american

deserves clean water no matter the color of their skin or size of their income. is it long, long past time that we turned that right into a reality by investing in the kinds of projects that would put americans back to work rebuilding our crumbling water infrastructure. we must dramatically increase federal investments to provide every family access to the most basic human needs, clean water. that's one reason why i introduced the drinking water and infrastructure water act of 2021. if our nation wants to build back better, we cannot just fix our roads by failing to repair the pipes behind them. because water infrastructure is infrastructure, everyone needs it in every corner of the country. my bipartisan bill would help states, communities, and schools fix and upgrade aging water systems to improve water quality while fostering economic growth throughout the country. our legislation seeks to

reauthorize and enhance state revolving loan funds which are the most effective tools we have to provide states with federal investments that empower local leaders to modernize water systems. implement lead production projects. our bill would also continue getting shovels into the ground and support quality jobs by reauthorizing the wifia financing program, an initiative that already helped finance nearly $20 billion for water infrastructure projects and created 49,000 jobs in just under seven years. and would provide more than $700 million in lead testing and reduction programs in part through a program very close to my heart, the voluntary lead testing in school and child care facilities program expanding it to go beyond testing to include lead reduction. the presiding officer: the senator's time has expired. ms. duckworth: mr. president, i ask that the remainder of my

remarks be entered into the record. the presiding officer: without objection. under the previous order, there will be two minutes for remarks equally divided prior to a vote on amendment 1471 as modified. the presiding officer: the senator from florida. mr. rubio: this amendment 1471 would modernize the formula in which this money is distributed. this formula is years old. it privileges a number of states. it's not just me saying it. the e.p.a. wriewshed a report -- issued a report saying the -- it recommended

this be updated regularly. notably from the report it says the e.p.a. does not know how the current allotment formula was developed. it says, quote, the weighing used to establish the formula for the original national allotment are not known. my home state of florida is one of many disadvantaged under the current formula, and the result has been obvious over the years. i think most of my colleagues would agree that distributing funds let alone $14.4 billion to states without rhyme or reason is not beneficial and it isn't fair. it's not just states, by the way. this amendment, if passed, would secure more he equitable allotments to native american tribes and territories. mr. president, unfortunately, in our drafting of this amendment there was a small technical error in which, instead of stating that it should be zero --.025 in the distribution for native american tribes it says.0025. i ask unanimous consent to

further modify amendment 1471 with the changes that are at the desk so that the right number is on there. the presiding officer: is there objection? mr. carper: reserving the right to object. i cannot agree to this unanimous consent request because this is the exact reason why we don't amendment complicated formulas on the floor with limited oversight. this bill was hotlined last night, i think, with the current language from senator rubio. now he would like to change it here literally at the last moment. and with all due respect, i just cannot agree to that. i said to him in a conversation off the floor, i think he knows me well enough that i'm willing to work with him and others who would like to see some modifications in this formula going forward. this is not the end of the trail. we'll have a conference with the house. we'll have negotiations with the white house. and i just want to say to him i look forward to working with him and senator capito to consider the changes that he's

proposing, but not to do it at the last minute here on the floor. i'm unable to do that. i reluctantly do that but i'm going to have to object. i object. the presiding officer: objection is heard. mr. rubio: mr. president, in my remaining time --. the presiding officer: the senator has no time remaining. is there objection? without objection. mr. rubio: i want everybody to be dleer, we're not change -- clear, we're not changing the formula. there is an extra zero. it is lit are ally a type -- literally a typo. instead of says .025. it should .0025. the senate is now a place where you cannot amend a typo by unanimous consent. it is unreal. i frankly find it unacceptable. the presiding officer: is there objection to the amendment as modified?

mr. carper: if i could, mr. president? the presiding officer: the senator from delaware. mr. carper: our committee has worked on this legislation all year. we have had hearings. we have had meetings, discussions, staff level, member level, to try to come to agreement on all kinds of provisions to this bill, and we're prepared to do more of that once this legislation is adopted. but we reported this bill unanimously because it will benefit citizens across our nation, better ensuring that no matter where they live they will have access to clean and safe water. our bill ensures that every state, territory, and tribe will receive more funding to make critical investments in clean water projects. by proposing a formula that only takes population growth into account, only takes population growth into account, senator rubio and senator scott's amendment will ensure that many states including rural states, territories, and indian tribes will lose water infrastructure funding. in some cases as much as 80%. we can ill afford to take money

away from these governments when their needs are so great especially in communities that have been so underfunded and underserved. that's why more than 50 different organizations from the u.s. chamber of commerce to the league of conservation voters and a whole lot of others in between oppose this amendment. as a result, i ask unanimous consent, mr. president, to submit for the record a list of those organizations, a growing list of those organizations for the record. i urge my colleagues to join me and senator capito for, in voting no on this amendment. again, looking forward subsequently to working with senator rubio and senator scott to see if we can't come to a consensus on this proposal. the presiding officer: without objection, the materials will be submitted for the record. the senator from west virginia. mrs. capito: i ask unanimous consent to address for a minute. the presiding officer: without objection. mrs. capito: thank you.

i just wanted to join with senator carper in opposition to this amendment. while i think it is well-meaning for the state of florida, and i think that both rubio and senator scott have made us aware of this issue, i think that in order to update these formulas we should have hearings. we should actually do this in a more studied, more detailed way than this amendment presents us to do. so with that, i join my colleague and my chair in opposition to this amendment. thank you. the presiding officer: the question is on amendment 1471 as modified. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

vote:

vote:

the presiding officer: are there any senators in the chamber wishing to vote or change his or her vote? if not, the yeas are 14, the nays are 81. the amendment as modified is not agreed to. under the previous order, there will now be two minutes of debate equally divided prior to the vote in relation to amendment number 1461. the presiding officer: who yields time? the senator from hall of fame. mrs. shaheen: mr. president, i would like to call up amendment

1461, and i want to thank senators collins, gillibrand, king, rounds, peters, for cosponsoring this amendment and also thank chairman carper and ranking member capito for their support for the amendment. as we all know, you can't put a price on safe drinking water, but for too many communities and too many households in this country, costs are a real barrier to contamination. this bipartisan amendment will help states address pollution not just from regulated contaminants like arsenic, but also from unregulated ton tam national interests. it does this by expanding an existing grant program to help small and disadvantaged communities, not just those defined as underserved. it would also help households with private wells. so we have got to provide more tools to ensure that all americans have access to clean, safe drinking water. my amendment would do just that. i urge its adoption. and i would be very happy to have this done by a voice vote.

ms. collins: mr. president. the presiding officer: the senator from maine. ms. collins: mr. president, i'm pleased to be a cosponsor of senator shaheen's amendment. i urge its adoption. representing as i do a state where there are a great number of people who receive their drinking water from wells, it's really important that we extend this program to identify contaminants there. thank you, mr. president. the presiding officer: the question is on the amendment. the senator from delaware. mr. carper: very briefly, if i could. the shaheen-collins amendment makes changes to the state contaminant response program. it extends the provision for the state response contaminants program to also small and disadvantaged communities to allow communities that are financially unstable, who cannot afford to address the contaminants or small, that

means less than 2,000 people in population to qualify for the grants to address the contaminants in the drinking water. it's a good amendment. we thank the cosponsorship. i urge a yes vote and a voice vote. the gentlewoman from west virginia. the presiding officer: the senator from west virginia. mrs. capito: thank you, mr. president. i would also join in positive comments to say it's two issues that i care deeply about and certainly hit my state which is the p-fas issue and also small and disadvantaged communities that helps with the safe drinking water amendment. thank you. the presiding officer: the question is on the amendment. all in favor say aye. opposed say no. the amendment is agreed to. under the previous order, there will now be two minutes of debate equally divided prior to a vote in relation to amendment numbered 1469. mr. kennedy: mr. president. the presiding officer: the senator from louisiana. mr. kennedy: mr. president, i want to talk briefly about boil water advisories. they are more than just frustrating. they are more than just

inconvenient. they can be dangerous. and i don't know about your community, mr. president, or my colleagues' communities, but they have been happening more and more frequently in louisiana since 2005, we have had 9,661 boil water advisories. we had 1,600 of them last year alone. my amendment -- and i thank the e.p.w. committee for working with me and all my colleagues. my amendment would require the e.p.a. to provide us an annual study op the prevalence of these boil water advisories and the reasons therefore so we can decide whether to take action, if any. and i would appreciate my colleagues' support. thank you, mr. president. mr. carper: mr. president, i rise in support of senator kennedy's amendment, because we need to know more about boil --

boil orders, something that i frankly hadn't heard a lot about. thank you for bringing to our attention. these are frequently used and transparency is needed on them. thank you. i yield to the gentlewoman from west virginia. mrs. capito: thank you. i pull up my local newspaper and the first thing that that comes up is listing the boil water advisories. this is absolutely needed. i think it's a great idea. i am very much in support of this. the presiding officer: the question is on the amendment. all those in favor say aye. opposed say no. the amendment is agreed to. under the previous order, there will now be two minutes of debate equally divided prior to the vote in relation to amendment number 1472. mr. manchin: mr. president. the presiding officer: the senator from west virginia. mr. manchin: i rise in opposition to this amendment by senator lee. his amendment would amend the antiquities act. the amendment states that any water rights associated with a national monument may only be acquired under state law.

the lee amendment overturns decades of supreme court precedent that when a president designates a national monument under the antiquities act, the designation reserves the right to use enough water to fulfill the purposes of the monument. but the water infrastructure bill is not the appropriate place for this amendment. i urge my colleagues to prove this amendment. -- to oppose this amendment. mrs. capito: mr. president, we yield back our time. the presiding officer: the question is on the amendment. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote:

vote:

vote:

the presiding officer: on this vote, the yeas are 41, the nays are 54. the 60-vote threshold having

been achieved by the -- have been been achieved, the bill is not passed. the presiding officer: on this vote, the yeas are 41, the nays are 54. the amendment is not agreed to. under the previous order, amendment 1460, as amended, is agreed to. the clerk will read the title of the bill for the third time. the clerk: calendar number 34, s. 914, a bill to amend the safe drinking water act and the federal water pollution control act to reauthorize programs under those acts and for other

purposes. the presiding officer: the majority whip. mr. durbin: mr. president, i'm going to raise an issue at this point that is not relevant to the water bill. i'd like unanimous consent to be given that opportunity. the presiding officer: without objection. mr. durbin: mr. president, we're in the midst of the worst opioid epidemic in a generation and one aspect of this is the widespread use of fentanyl, a deadly opioid that has killed thousands of people in america. in 2018, the drug enforcement administration took the unprecedented step of placing all fentanyl-related substances -- also known as fentanyl analogues -- on schedule 1 under the controlled substances act. that makes it easier to prosecute any individual who sells or simply possesses fentanyl analogues and subjects those individuals to stiff mandatory minimum penalties

regardless of individual circumstances. typically, a drug is only added to schedule 1 after the department of health and human services conducts a scientific study to determine if it has a hypotension for abuse and no accepted medical use. the d.e.a. has temporary authority to bypass this process for two years. the authority was scheduled to expire february 6 last year, 2020. the d.e.a. warned us of dire consequences if it expired. in response, i worked with senator lindsey graham and senator feinstein and authored legislation extending the authority for 15 months, until may 6, 2021. so what did the trump administration do for the 12 months that they were in office with this issue still looming? nothing. and neither did congress. now the biden administration has

asked congress for an additional extension of the d.e.a. temporary authority to evaluate this issue. just last week the senate confirmed lisa monaco as deputy attorney general. she will oversee the drug enforcement agency. and president biden's nominee to head the d.e.a., anne milgram, is still to be considered by the senate. so this request now for a temporary extension seems reasonable. let me add, though, at the same time as we grapple with the opioid epidemic, we're also in the midst of a national reckoning about racism and mass incarceration in america. we hold more prisoners by far than any country in the world. this is largely due to our failed war on drugs, which disproportionately targeted people of color. while the majority of illegal drug users and dealers in our country are white -- the vast

majority of people incarcerated for drug offenses are african american and latino. that's a fact. more than three decades ago -- and i remember this well. i served in the house at the time -- congress responded to the dramatic rise of the use of crack cocaine by dramatically increasing sentences for nonviolent drug offenders. for example, at a sentencing guideline for crack cocaine as compared to powder cocaine of 100-1. 100-1. well, that was it. we were going to get tough. we were going to send the message. it didn't work. overall use of illegal drugs actually increased after we increased these penalties between 1990 and 2014. and the availability of drugs like heroin and methamphetamine instead of going down increased. senator cory booker is the chair of the criminal justice subcommittee of senate

judiciary. he has brought these concerns to the floor of the senate time and time again. i was proud to join him, as well as senator grassley and senator lee. we authored the first step act to begin reforming our criminal justice system from the previous effort of our war on drugs. now, senator booker has raised serious concerns about extending the d.e.a.'s order when it comes to these fentanyl analogues. for example, he notes the racial -- significant racial disparity in fentanyl analogue prosecutions. people of color compromise 68% of those being sentenced. he also notes that addiction is in fact a public health crisis and we cannot prosecute ourselves out of the opioid epidemic, a lesson we should have learned in the war on drugs. so there is an important debate about how to effectively combat the abuse of fentanyl. we cannot resolve it today on the floor of the senate.

and the d.e.a. authority is scheduled to expire next week and will be gone. last week the house passed a bill extending the scheduling order until october 22. senator booker has agreed not to object to the house bill, so the senate have have an opportunity to debate the future of this d.e.a. authority and consider other important reforms to our criminal justice system. so at this point i'm going it to ask consent to pass hershey h.r. 26 -- to pass h.r. 2630, a five-month extension of the order. i ask unanimous consent that the senate proceed to the immediate consideration of h.r. 2630, which was received from the house and is at the-esque did. the presiding officer: the clerk will report. the clerk: h.r. 2630, an act to amend the temporary reauthorization and study of the emergency scheduling of fentanyl analogues act to extend it until october 2021 on fientsal

in-related substances. the presiding officer: is there an objection to to proceeding to the measure? without objection. mr. durbin: i ask unanimous consent that at bill be considered read for a third time. the presiding officer: without objection. mr. durbin: i know of no further debate on bill. the presiding officer: is there further debate? if not, all those in favor say aye. those opposed, say no. the ayes appear to have it. the ayes do have it. the bill is passed. mr. durbin: i ask that the motion to reconsider be considered made and laid upon the table. with no intervening action or debate. the presiding officer: without objection. mr. durbin: thank you, mr. president.

the presiding officer: the senator from west virginia. mrs. capito: thank you, mr. president. this week on the senate floor, my colleagues and i have explained how the drinking water

and wastewater infrastructure act of 2021 would make significant improvements to our country's water infrastructure. after a bipartisan regular order legislative and amendment process, we move to final consideration. this legislation makes meaningful progress on our drinking water and wastewater challenges that will benefit the states represented by every single one of us. it invests heavily in the state-revolving loan funds to give our states that flexibility that they need in their funding. it creates a new grant program specifically for small and disadvantaged communities to upgrade their system, fix leaky pipes, prevent water loss. it helps connect low-income households to public water systems or helping them to get new and better septic tanks t. supports water infrastructure projects on indian reservation lands and in alaskan native villages t. provides assistance to remove and replace lead pipes

as well as lead testing in schools and child care centers. and it encourages the next generation to be a part of that water infrastructure workforce that is so critical. all of the investments represent the effort p.w.'s -- e.p.w.'s shared goals of improving public health and fostering economic growth in all of our communities. these are just a few of the provisions i wanted to highlight in our -- and are informed by particular challenges facing our water systems in the state of west virginia but based on the feedback from all of our colleagues in both parties and the groundswell of support that we've seen from various water advocacy groups, it is clear, it is clear that these provisions will have broad applicability to help communities all across the united states. it is why we have such a diverse and growing coalition of more than 70 supporters from water systems to local governments to industry to labor, to

environmental organizations. before i wrap up, i would like to thank my colleague and chairman of our committee and west virginia born chairman tom carper. this legislation represents, i think, a fantastic first effort for our ongoing work together to address the major concerns of the american people when it comes to infrastructure and the environment. and in a thoughtful and fiscally responsible fashion. his staff has been engaged and candid with mine trout this entire process. i would like to thank john cain, the lead for chairman carper's water team and his colleague annie demata as well as tyler hoffman reardon and mackey mcintosh who provided support throughout these negotiations. so thank you. chairman carper's team is led by mary francis repco who brought her wealth of experience to bear on this process as well. i would certainly like to take time to highlight the members of

my team who worked long hours, nights and weekends to deliver this legislation. jess kramer, e.p.w. republican water counsel and travis who is here with me today. my republican deputy staff director and lead for our environmental team. they led this negotiation on our side and brought us to where we are today. they had strong assistance from our staff director adam and chief counsel elizabeth horner as well as max hyman one of our policy staff who contributed to the language that we see today in this bill. i would like to also thank and congratulate fisheries, water, and wildlife subcommittee chair tammy duckworth and ranking member cynthia lummis and their staffs for their hard work on this bill. they are two of my colleagues from my house days and i'm so glad that all of us are working together again on the same committee no less here in the united states senate. i also appreciate transportation

and infrastructure subcommittee chair ben cardin who i have worked on a lot of these issues previously and also my good friend ranking member kevin cramer for providing a lot of input into this legislation. this is absolutely been a team effort. it's what we're here for. i look forward to our team wracking up a lot more wins in infrastructure and beyond over the course of the # 17th -- 117th congress. in closing i want to reiterate again that passing this bipartisan bill in a bipartisan way is also very important. we know it's more than symbolic but there is symbolism i think here because it shows the american people what we hear all the time when we go home, that their elected officials in congress can work together and collaboratively on issues such as infrastructure. the bill represents the solid work that comes out of good-faith negotiations. chairman carper and i worked together and never took our eye off of the mutual goal, a bipartisan bill that can pass

both chambers and be signed into law. we are here today with that bill. i'm proud to be chairman carper's partner and i appreciate his leadership. i hope that as we move forward with other infrastructure packages that we remember this moment. we know the next couple of weeks and months are going to be tough, but we can do tough things to deliver for the american people. that's what we were sent here to do. so again i urge my colleagues to vote yes on this legislation. and i hope we continue in this spirit. thank you and i yield the floor. mr. carper: mr. president, i don't want to trivialize this important moment. i'm tempted to say i'm tom carper and i approve this message. i won't say that but i certainly approve this message. pretty remarkable. we have three members of our body who were born in west virginia and one is the daughter

of the former governor of our state and maybe the mother of the future governor of our state. we'll have to wait and see. we have another former governor of west virginia who serves here with us whose wife gail was in the high school graduating class with my first cousin dan patton. it's kind of incestuous. people ask why we get along so well and i reminded of the words of joe biden. we rode the train when i joined the senate and in the house before that. joe likes to say -- the president likes to say all politics is personal and he says all diplomacy is personal as well. i think you see a little bit of that at work here. it's a good reminder for all of us. but, mr. president, before we vote here in a couple of minutes, i want to express once again my support for the legislation before us. the drinking water and

wastewater infrastructure act of 2021. i am a firm believer, mr. president, that actions do speak louder than words. before i move to a vote, let me close by saluting the unanimous action taken by the committee on environment and public works. every one of us had a hand in crafting the legislation with the help of our staff. half of us democrats, half of us republicans. first of all, the committee members worked together to formulate legislation that would reauthorize critical financing mechanisms for drinking water and wastewater infrastructure across our country. in bipartisan negotiations we address the fundamental needs of the communities that have been left behind by our past efforts, to address clean water. we have -- at least we sought to try to ensure that with this bill that rural and disadvantaged and tribal communities will have the needed resources that they need to access -- to access the same safe water that the rest of us

really take for granted most of the time. and after all those efforts involving members on both sides of our committee dais and many of our colleagues throughout this body, we reported this must-needed legislation to the full senate by unanimous vote 20-0. that's right, 20-0. a bill we hope to take up today passed out of our committee unanimously. in fact the republicans like this bipartisan bill -- liked this bipartisan bill so much they included it in their infrastructure proposal and president biden supports this legislation a a good first step forward. reminded of that last night in his address. we just don't see this kind of bipartisanship often enough. i talked earlier about, we're leaders. we have a responsibility to lead by example. that's what i was trained to do in the navy and a lot of us as well. lead by example and we're trying to do that here today. that remarkable consensus is why this bill is so worthy of our support. it reaches -- the benefit it provides will reach all corners of our nation. this legislation will be a boom

not just for our towns, not just to our cities, but also to our rural communities. it will help ensure the healthy environment necessary to -- collective happiness, vitality and long-term success no matter where we live, what it says in the declaration of independence, life, liberty, the pursuit of happiness. this is part of that. without that water, we just don't have any of those things. not only does the drinking water and wastewater infrastructure act 2021 provide the resources we need to build, resources we need to upgrade, the resources we need to expand critical infrastructure, but it also ensures that we make a substantial investment in projects, in project takes will withstand the increasingly h.r. be weather events -- increasingly harsh weather events, floods, freezing cold snaps, droughts that have plagued texas in recent months. as all of my colleagues in this

body are aware, the ravages of the changing climate in the form of devastating weather can hit million of our committees -- communities any time. there are groups like the u.s. chamber -- u.s. conference of mayors on the one hand, u.s. chamber of commerce on the other hand, the national wildlife foundation -- federation? national wildlife federation support this legislation. i mentioned earlier on the floor, the american society of civil engineers who gave our water systems a d, d minus average grade on the 2021 report card on the state of our nation's infrastructure point to this bill. this is what they say about this bill after giving us a d, i think a d minus average grade on our nation's infrastructure. here's' what they said about this legislation. senator capito, here's what they said. quote -- i quote them. critical if we are to improve our nation's aging water systems and ensure that they continue to provide and protect public

health, welfare, and safety. close quote. there's plenty in it to inspire the rural community assistance partnership to say the organization is, and i quote, proud to support this bill because americans deserve clean, safe, reliable, and affordable drinking water. regardless of the communities' size or zip code. close quote. colleagues, i couldn't agree more. this measure reauthorizes and increases funding for the bedrock federal water and wastewater infrastructure financing programs, drinking water and clean water state resolving funds. in the case of clean water fund, this is the first reauthorization of the clean water fund in 35 years. 35 years. local government leaders, policy experts and advocates from all parts of our country, all political stripes also 1u7 port -- support our bill because it would invest $500 billion to ensure water infrastructure systems are more resilient in

the face of extreme weather events. these letters are -- leaders are urging us to pass this legislation because it expands the government's role in he researching and developing the water technologies of tomorrow, economic opportunity and jobs across this country. finally, millions of americans, too many americans, millions of them, cannot trust the water when they turn on their taps. most who turned on our tap water this morning, in our homes, bathroom, maybe our iefs and -- our offices and we drank the water and didn't think anything of it. we knew it was fine, it was safe. too many people in this country, millions of them in fact, don't have that benefit. i think we have a moral responsibility to help make sure that everyone in our nation, doesn't matter what their zip code is, doesn't matter their race, what their income is, we have a moral obligation to make sure they have access to clean,

safe water. the golden rule, treat other people the way we want to be treated. this is very much a part of this. i think all of us. with this legislation we can move forward on take effort and in doing so create jobs, foster innovation, protect our public health all at once. so i am -- i'm proud of our bill. i'm proud of all the work that has gone into it and proud of the bipartisan process to produce it with our colleagues that led us here. i hope our colleagues agree it's worthy of the same bipartisan support on the senate floor as it received in committee. nothing is perfect. when they say in the constitution, framers say, in order to form a more perfect union, i've never been part of writing or cowriting a perfect bill. this is not perfect. there's obviously some changes that we can make it better, some changes that we'll discuss with our colleagues on the committee, off the committee, with our friends in the house and the administration. but this is a good start. this is a very good start. and we look forward to the next step in this process.

i would ask everyone as you cast your vote, please join us in voting yes. with that, mr. president, i yield the floor and i ask that all of our colleagues vote in favor of this measure. i yield the floor. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:

the presiding officer: the majority leader. mr. schumer: mr. president, first -- the presiding officer: the senate is -- mr. schumer: i ask unanimous consent that the quorum be dispensed with. the presiding officer: without objection. mr. schumer: first, mr. president, it was good when i walked in -- it felt really good when i walked in a few

hours ago as we were voting and i saw mr. carper, senator carper, the chairman of the e.p.w. committee, sitting here. senator capito, the ranking member was sitting there. they were working together to make sure that bill passed and working together to defeat some amendments that might have hurt the whole bill's chance of passing. that's house it used to be around here all the time. and it was really good to see it. and i thank both the chair and the ranking member for doing that, but as well as the whole senate as well, including leader mcconnell. we're trying to work in a bipartisan way whenever we can, and this bill is a classic example. first, it's importance, of course, is paramount, and i'll get to the that in a minute. but, second, the fact that we can come together on an important bill that is a part of the build back better plan is something that i think members on both sides of the aisle can

be very happy about -- and americans should be happy about as well. it doesn't mean that we'll be able to do the whole thing bipartisan, but we'll do as much as we can -- as much as we can. and this bill is an important one. clean water is vital to the american people and to their health, and for too long we have tolerated lead in the water of too many. when lead gets into the water of young people, it can certainly cause health problems in later years. and all too often it occurred in poorer communities, in communities of color, and this bill, in a bipartisan way, says we're going to come together and get the lead out -- get the lead out of our pipes, get the lead out of the our faucets, get the lead out of our water. that's an important part of this i will about. a second important part of the bill is water is very, very, very important to businesses.

in upstate new york we're trying to attract businesses. one of the first things asked is do you have some land? finally you of course, we all depend on water in our daily lives, and many of the systems are old. they are real a century old. many of our local governments no longer have is the dollars to do this on their own. having a bill that is robust, that helps them, is very, very important. i would final lay note -- i would finally note that the bill we are voting on today is very much -- is very similar to the proposal made by some of the republican leaders when they put together a proposal to president biden. so, again, closing on the note i opened with, the happy bipartisanship that marks this bill is a very good thing, and i hope it can continue. i yield the floor and ask for

the yeas and nays -- and i ask that the roll call vote begin now. the presiding officer: is there objection? without objection, the question occurs on passage of the bill, as, as amended. is there a sufficient second? there appears to be. the clerk will call the roll. vote:

vote: