[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7796-S7797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself, Mr. Warner, Mr. Van Hollen, and Mr. 
        Cardin):
  S. 3183. 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; to the Committee 
on Armed Services.
  Mr. KAINE. Mr. President, today I am introducing a bill to improve 
stormwater management practices at Department of Defense, DOD 
installations across the country.
  Climate related impacts, such as increased rainfall intensity and sea 
level rise, exacerbate the problem of stormwater runoff. Excess 
stormwater can threaten our military readiness and pollute surrounding 
waterways and ecosystems.
  This phenomenon is acutely present in the Chesapeake Bay watershed, 
where DOD is the second largest Federal landholder, and stormwater is 
the only pollutant in the watershed that continues to increase. 
Therefore, it is imperative that the DOD, as an official partner to the 
Chesapeake Bay Program, do all that it can to support reduction in 
pollution runoff consistent with the State-based watershed 
implementation plans required by the Environmental Protection Agency. 
Climate change has put numerous Virginia and Maryland military bases at 
increased risk of flooding, including Naval Station Norfolk, Naval Air 
Station Oceana, Naval Support Activity Hampton Roads, Langley Air Force 
Base, Naval Support Activity Annapolis, Naval Support Activity 
Bethesda, Naval Air Station Patuxent River, Joint Base Andrews, and 
Naval Support Activity South Potomac.
  While there are 137 DOD installations, sites, and facilities in the 
Chesapeake Bay watershed, this proposal will help ensure stormwater and 
natural resources beat management practices are constructed, 
maintained, and repaired at DOD facilities across the Nation.
  The Federal Government provides State and local governments with 
billions in financial assistance each year to invest in stormwater 
infrastructure through the Clean Water State Revolving Fund. Very 
limited funding exists for the financing of stormwater infrastructure 
on military installations. The EMBRACE Act would make stormwater 
management projects eligible for Federal funding under either military 
construction projects, military installation resilience projects, 
unspecified minor military construction projects, defense access roads 
projects, the Defense Community Infrastructure Program DCIP, and the 
Energy Resilience and Conservation Investment Program ERCIP.
  The bill instructs the Defense Department to give priority to 
projects that retrofit buildings and grounds on bases and improve 
access roads prone to flooding. It backs the building of stormwater 
ponds and other retention strategies. It also supports replacing 
impermeable paving with materials that let water seep into the soil 
rather than run off. Projects such as rain gardens, cisterns, and 
planters also would be eligible for funds.
  I am proud to be joined in this effort by Senators Warner, Cardin, 
and Van Hollen. The bill has also been endorsed by critical partners 
such as the Chesapeake Bay Commission, the

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Chesapeake Bay Foundation, the Chesapeake Conservancy, Choose Clean 
Water Coalition, American Flood Coalition Action, the Nature 
Conservancy, Southern Environmental Law Center, and Wetlands Watch. I 
was glad to see that Representative Bobby Scott successful in including 
his bipartisan companion EMRBACE Act as an amendment to the House 
version of the National Defense Authorization Act NDAA for fiscal year 
2022. It is my hope that this legislation will be included in the NDAA 
upon its final' passage in Congress.
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