[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7515-S7516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4050. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to

[[Page S7516]]

the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. PARTICIPATION BY DEPARTMENT OF DEFENSE IN POLLUTANT 
                   BANKING AND WATER QUALITY TRADING PROGRAMS.

       (a) Authority to Participate.--The Secretary of a military 
     department, and the Secretary of Defense with respect to 
     matters concerning a Defense Agency, when engaged in an 
     authorized activity that may or will result in the discharge 
     of pollutants, may make payments to a pollutant banking 
     program or water quality trading program approved in 
     accordance with the Water Quality Trading Policy dated 
     January 13, 2003, set forth by the Office of Water of the 
     Environmental Protection Agency, or any successor 
     administrative guidance or regulation.
       (b) Treatment of Payments.--Payments made under subsection 
     (a) to a pollutant banking program or water quality trading 
     program may be treated as eligible project costs for military 
     construction.
       (c) Discharge of Pollutants Defined.--In this section, the 
     term ``discharge of pollutants'' has the meaning given that 
     term in section 502(12) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362(12)) (commonly referred to as the 
     ``Clean Water Act'').
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