[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3183 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3183

 To amend title 10, United States Code, to establish a program of the 
Department of Defense to carry out stormwater management projects on or 
related to military installations to improve the resilience of military 
   installations and defense access roads and protect waterways and 
                    stormwater-stressed ecosystems.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2021

  Mr. Kaine (for himself, Mr. Warner, Mr. Van Hollen, and Mr. Cardin) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to establish a program of the 
Department of Defense to carry out stormwater management projects on or 
related to military installations to improve the resilience of military 
   installations and defense access roads and protect waterways and 
                    stormwater-stressed ecosystems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EMBRACE Stormwater Management Act'' 
or the ``Enhancing Military Base Resilience and Conserving Ecosystems 
through Stormwater Management Act''.

SEC. 2. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR 
              MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS.

    (a) In General.--Subchapter I of chapter 169 of title 10, United 
States Code, is amended by inserting after section 2815 the following 
new section:
``Sec. 2815a. Stormwater management projects for installation and 
              defense access road resilience and waterway and 
              ecosystems conservation
    ``(a) Projects Authorized.--The Secretary concerned may carry out a 
stormwater management project on or related to a military installation 
for the purpose of--
            ``(1) improving military installation resilience or the 
        resilience of a defense access road or other essential civilian 
        infrastructure supporting the military installation; and
            ``(2) protecting nearby waterways and stormwater-stressed 
        ecosystems.
    ``(b) Project Methods and Funding Sources.--A stormwater management 
project may be carried out under this section as, or as part of, any of 
the following:
            ``(1) An authorized military construction project.
            ``(2) An unspecified minor military construction project 
        under section 2805 of this title, including using 
        appropriations available for operation and maintenance subject 
        to the limitation in subsection (c) of such section.
            ``(3) A military installation resilience project under 
        section 2815 of this title, including using appropriations 
        available for operations and maintenance subject to the 
        limitation of subsection (e)(3) of such section.
            ``(4) A defense community infrastructure resilience project 
        under section 2391(d) of this title.
            ``(5) A military construction project under section 2914 of 
        this title.
            ``(6) A reserve component facility project under section 
        18233 of this title.
            ``(7) A defense access road project under section 210 of 
        title 23.
    ``(c) Project Priorities.--In selecting stormwater management 
projects to be carried out under this section, the Secretary concerned 
shall give a priority to project proposals involving the retrofitting 
of buildings and grounds on a military installation or retrofitting a 
defense access road to reduce stormwater runoff.
    ``(d) Project Activities.--Activities carried out as part of a 
stormwater management project under this section may include the 
following:
            ``(1) The installation, expansion, or refurbishment of 
        stormwater ponds and other water-slowing and retention 
        measures.
            ``(2) The installation of permeable pavement in lieu of, or 
        to replace existing, nonpermeable pavement.
            ``(3) The use of planters, tree boxes, cisterns, and rain 
        gardens to reduce stormwater runoff.
    ``(e) Project Coordination.--In the case of a stormwater management 
project carried out under this section on or related to a military 
installation and any project related to the same installation carried 
out under section 2391(d), 2815, or 2914 of this title, the Secretary 
concerned shall ensure coordination between the projects regarding the 
water access, management, conservation, security, and resilience 
aspects of the projects.
    ``(f) Annual Report.--(1) Not later than 90 days after the end of 
each fiscal year, each Secretary concerned shall submit to the 
congressional defense committees a report describing--
            ``(A) the status of planned and active stormwater 
        management projects carried out by that Secretary under this 
        section; and
            ``(B) all projects completed by that Secretary during the 
        previous fiscal year.
    ``(2) Each report submitted under paragraph (1) shall include, with 
respect to each stormwater management project described in the report, 
the following information:
            ``(A) The title, location, a brief description of the scope 
        of work, the original project cost estimate, and the current 
        working cost estimate.
            ``(B) The rationale for how the project will--
                    ``(i) improve military installation resilience or 
                the resilience of a defense access road or other 
                essential civilian infrastructure supporting a military 
                installation; and
                    ``(ii) protect waterways and stormwater-stressed 
                ecosystems.
            ``(C) Such other information as the Secretary concerned 
        considers appropriate.
    ``(g) Definitions.--In this section:
            ``(1) The term `defense access road' means a road certified 
        to the Secretary of Transportation as important to the national 
        defense under section 210 of title 23.
            ``(2) The terms `facility' and `State' have the meanings 
        given those terms in section 18232 of this title.
            ``(3) The term `military installation' includes a facility 
        of a reserve component of an armed force owned by a State 
        rather than the United States.
            ``(4) The term `Secretary concerned' means--
                    ``(A) the Secretary of a military department with 
                respect to military installations under the 
                jurisdiction of that Secretary; and
                    ``(B) the Secretary of Defense with respect to 
                matters concerning the Defense Agencies and facilities 
                of a reserve component owned by a State rather than the 
                United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of such title is amended by inserting after the item 
relating to section 2815 the following new item:

``2815a. Stormwater management projects for installation and defense 
                            access road resilience and waterway and 
                            ecosystems conservation.''.
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