II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘EMBRACE 

5 Stormwater Management Act’’ or the ‘‘Enhancing MiliVerDate Sep 11 2014 05:39 Nov 05, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3183.IS S3183

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1 tary Base Resilience and Conserving Ecosystems through 

2 Stormwater Management Act’’. 

3 SEC. 2. DEPARTMENT OF DEFENSE STORMWATER MANAGE4 MENT PROJECTS FOR MILITARY INSTALLA5 TIONS AND DEFENSE ACCESS ROADS. 

6 (a) IN GENERAL.—Subchapter I of chapter 169 of 

7 title 10, United States Code, is amended by inserting after 

8 section 2815 the following new section: 

9 ‘‘§ 2815a. Stormwater management projects for instal10 lation and defense access road resilience 

11 and waterway and ecosystems conserva12 tion 

13 ‘‘(a) PROJECTS AUTHORIZED.—The Secretary con14 cerned may carry out a stormwater management project 

15 on or related to a military installation for the purpose of— 

16 ‘‘(1) improving military installation resilience or 

17 the resilience of a defense access road or other es18 sential civilian infrastructure supporting the military 

19 installation; and 

20 ‘‘(2) protecting nearby waterways and 

21 stormwater-stressed ecosystems. 

22 ‘‘(b) PROJECT METHODS AND FUNDING SOURCES.— 

23 A stormwater management project may be carried out 

24 under this section as, or as part of, any of the following: 


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1 ‘‘(1) An authorized military construction 

2 project. 

3 ‘‘(2) An unspecified minor military construction 

4 project under section 2805 of this title, including 

5 using appropriations available for operation and 

6 maintenance subject to the limitation in subsection 

7 (c) of such section. 

8 ‘‘(3) A military installation resilience project 

9 under section 2815 of this title, including using ap10 propriations available for operations and mainte11 nance subject to the limitation of subsection (e)(3) 

12 of such section. 

13 ‘‘(4) A defense community infrastructure resil14 ience project under section 2391(d) of this title. 

15 ‘‘(5) A military construction project under sec16 tion 2914 of this title. 

17 ‘‘(6) A reserve component facility project under 

18 section 18233 of this title. 

19 ‘‘(7) A defense access road project under sec20 tion 210 of title 23. 

21 ‘‘(c) PROJECT PRIORITIES.—In selecting stormwater 

22 management projects to be carried out under this section, 

23 the Secretary concerned shall give a priority to project 

24 proposals involving the retrofitting of buildings and 


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1 grounds on a military installation or retrofitting a defense 

2 access road to reduce stormwater runoff. 

3 ‘‘(d) PROJECT ACTIVITIES.—Activities carried out as 

4 part of a stormwater management project under this sec5 tion may include the following: 

6 ‘‘(1) The installation, expansion, or refurbish7 ment of stormwater ponds and other water-slowing 

8 and retention measures. 

9 ‘‘(2) The installation of permeable pavement in 

10 lieu of, or to replace existing, nonpermeable pave11 ment. 

12 ‘‘(3) The use of planters, tree boxes, cisterns, 

13 and rain gardens to reduce stormwater runoff. 

14 ‘‘(e) PROJECT COORDINATION.—In the case of a 

15 stormwater management project carried out under this 

16 section on or related to a military installation and any 

17 project related to the same installation carried out under 

18 section 2391(d), 2815, or 2914 of this title, the Secretary 

19 concerned shall ensure coordination between the projects 

20 regarding the water access, management, conservation, se21 curity, and resilience aspects of the projects. 

22 ‘‘(f) ANNUAL REPORT.—(1) Not later than 90 days 

23 after the end of each fiscal year, each Secretary concerned 

24 shall submit to the congressional defense committees a re25 port describing— 


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1 ‘‘(A) the status of planned and active 

2 stormwater management projects carried out by that 

3 Secretary under this section; and 

4 ‘‘(B) all projects completed by that Secretary 

5 during the previous fiscal year. 

6 ‘‘(2) Each report submitted under paragraph (1) 

7 shall include, with respect to each stormwater manage8 ment project described in the report, the following infor9 mation: 

10 ‘‘(A) The title, location, a brief description of 

11 the scope of work, the original project cost estimate, 

12 and the current working cost estimate. 

13 ‘‘(B) The rationale for how the project will— 

14 ‘‘(i) improve military installation resilience 

15 or the resilience of a defense access road or 

16 other essential civilian infrastructure supporting 

17 a military installation; and 

18 ‘‘(ii) protect waterways and stormwater19 stressed ecosystems. 

20 ‘‘(C) Such other information as the Secretary 

21 concerned considers appropriate. 

22 ‘‘(g) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘defense access road’ means a 

24 road certified to the Secretary of Transportation as 


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1 important to the national defense under section 210 

2 of title 23. 

3 ‘‘(2) The terms ‘facility’ and ‘State’ have the 

4 meanings given those terms in section 18232 of this 

5 title. 

6 ‘‘(3) The term ‘military installation’ includes a 

7 facility of a reserve component of an armed force 

8 owned by a State rather than the United States. 

9 ‘‘(4) The term ‘Secretary concerned’ means— 

10 ‘‘(A) the Secretary of a military depart11 ment with respect to military installations 

12 under the jurisdiction of that Secretary; and 

13 ‘‘(B) the Secretary of Defense with respect 

14 to matters concerning the Defense Agencies and 

15 facilities of a reserve component owned by a 

16 State rather than the United States.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of subchapter I of such title is amended 

19 by inserting after the item relating to section 2815 the 

20 following new item: 

‘‘2815a. Stormwater management projects for installation and defense access 

road resilience and waterway and ecosystems conservation.’’. 

Æ 


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