READINESS Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1156 To amend title 10, United States Code, to require the Secretary of each military department to develop resilience plans for installations of the Department of Defense, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. SCHATZ (for himself, Mr. MORAN, and Mr. REED) introduced the fol- lowing bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require the Sec- retary of each military department to develop resilience plans for installations of the Department of Defense, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Requiring Every Amer- 4 ican Defense Installation to Nullify Environmental 5 Stresses for Security Act of 2019’’ or the ‘‘READINESS 6 Act of 2019’’. 7 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 2 •S 1156 IS SEC. 2. DEVELOPMENT AND IMPLEMENTATION OF MILI- 1 TARY INSTALLATION RESILIENCE PLANS. 2 (a) IN GENERAL.—Subchapter I of chapter 169 of 3 title 10, United States Code, is amended by adding at the 4 end the following new section: 5 ‘‘§ 2815. Military installation resilience plans 6 ‘‘(a) IN GENERAL.—The Secretary of Defense shall 7 ensure the maintenance and enhancement of military in- 8 stallation resilience through the development of military 9 installation resilience plans under this section. 10 ‘‘(b) PROGRAM.—Consistent with the use of military 11 installations and State-owned installations of the National 12 Guard to ensure the readiness of the armed forces, the 13 Secretary of each military department shall carry out a 14 program to provide for— 15 ‘‘(1) the maintenance and enhancement of mili- 16 tary installation resilience on such installations; and 17 ‘‘(2) the integration, to the extent consistent 18 with requirements of the armed forces and the au- 19 thority of the Secretary concerned, of military instal- 20 lation resilience plans developed under subsection (c) 21 and supporting activities with the pre-disaster miti- 22 gation and other relevant plans and activities of the 23 Army Corps of Engineers, other Federal agencies, 24 Indian tribes, and State and local agencies or enti- 25 ties. 26 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 3 •S 1156 IS ‘‘(c) MILITARY INSTALLATION RESILIENCE 1 PLANS.—In carrying out the program under subsection 2 (b), the Secretary of each military department— 3 ‘‘(1) shall develop and implement a military in- 4 stallation resilience plan for each military installa- 5 tion under the jurisdiction of the Secretary con- 6 cerned; and 7 ‘‘(2) subject to the availability of appropria- 8 tions, may develop and implement a military instal- 9 lation resilience plan for a State-owned installation 10 of the National Guard if— 11 ‘‘(A) such a plan is developed and imple- 12 mented in coordination with the chief executive 13 officer of the State in which the installation is 14 located; and 15 ‘‘(B) such a plan is deemed, for purposes 16 of any other provision of law, to be for lands or 17 other geographical areas owned or controlled by 18 the Department of Defense, or designated for 19 use by the Department of Defense. 20 ‘‘(d) REQUIRED ELEMENTS OF PLANS.—Each mili- 21 tary installation resilience plan under subsection (c) shall, 22 to the extent appropriate and applicable, provide for the 23 following: 24 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 4 •S 1156 IS ‘‘(1) A qualitative and, to the extent prac- 1 ticable, quantitative assessment of— 2 ‘‘(A) current risks and threats to the resil- 3 ience of the military installation, including from 4 extreme weather events, mean sea level fluctua- 5 tion, wildfires, flooding, and other changes in 6 environmental conditions; and 7 ‘‘(B) future risks and threats, including 8 from extreme weather events, mean sea level 9 fluctuation, wildfires, flooding, and other 10 changes in environmental conditions, based on 11 projections from reliable and authorized sources 12 as described in section 2805(c) of the Military 13 Construction Authorization Act for Fiscal Year 14 2019 (division B of Public Law 115–232; 10 15 U.S.C. 2864 note), to the resilience of any 16 project considered in the master plan for the in- 17 stallation under section 2864 of this title during 18 the 50-year lifespan of the installation. 19 ‘‘(2) A description of the— 20 ‘‘(A) assets or infrastructure located on 21 the installation vulnerable to the risks and 22 threats described in paragraph (1), with special 23 emphasis on assets or infrastructure critical to 24 the accomplishment of the missions of the in- 25 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 5 •S 1156 IS stallation and missions of any members of the 1 armed forces stationed at the installation; and 2 ‘‘(B) community infrastructure and re- 3 sources located outside the military installation 4 that are— 5 ‘‘(i) critical to the accomplishment of 6 the missions of the military installation 7 and of members of the armed forces sta- 8 tioned at the installation; and 9 ‘‘(ii) vulnerable to the risks and 10 threats described in paragraph (1). 11 ‘‘(3) A description of the— 12 ‘‘(A) current or planned infrastructure 13 projects or other measures to mitigate the im- 14 pacts of risks and threats described in para- 15 graph (1) to the resilience of the military instal- 16 lation and the accomplishment of the missions 17 of the military installation and missions of 18 members of the armed forces stationed at the 19 installation; 20 ‘‘(B) estimated costs associated with such 21 current or planned infrastructure projects or 22 other mitigation measures; and 23 ‘‘(C) current or planned interagency agree- 24 ments, cooperative agreements, memoranda of 25 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 6 •S 1156 IS agreement, or other agreements with other Fed- 1 eral agencies, Indian tribes, State or local gov- 2 ernments or entities, or other organizations or 3 individuals for the purpose of or that will assist 4 in maintaining or enhancing military installa- 5 tion resilience and the resilience of the commu- 6 nity infrastructure and resources described in 7 subparagraph (B)(ii). 8 ‘‘(e) INTERAGENCY COORDINATION.—The Secretary 9 of each military department shall prepare military installa- 10 tion resilience plans under subsection (c) in consultation 11 with the following: 12 ‘‘(1) The Secretary of Homeland Security, act- 13 ing through the Administrator of the Federal Emer- 14 gency Management Agency. 15 ‘‘(2) The head of each State emergency man- 16 agement agency. 17 ‘‘(3) Any other Federal or State department or 18 agency the Secretary considers appropriate for the 19 development of such a plan. 20 ‘‘(f) CONSISTENCY AND INTEGRATION WITH OTHER 21 PLANS.—The Secretary of each military department shall 22 ensure that each military installation resilience plan under 23 subsection (c) is— 24 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 7 •S 1156 IS ‘‘(1) consistent with the integrated natural re- 1 source management plan of the Secretary required 2 by section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 3 670a); 4 ‘‘(2) consistent with and integrated into the in- 5 stallation energy resilience master plan of the Sec- 6 retary required by section 2911(b)(3) of this title; 7 and 8 ‘‘(3) consistent with and integrated into the in- 9 stallation master plan of the Secretary required by 10 section 2864 of this title. 11 ‘‘(g) INCLUSION OF CERTAIN PROJECTS.—The Sec- 12 retary of each military department shall include in mili- 13 tary installation plans under subsection (c) projects or im- 14 provements to facilities conducted using amounts for 15 sustainment, restoration, and modernization. 16 ‘‘(h) REVIEWS AND REPORTS.—(1) On a regular 17 basis, not less frequently than once every five years, the 18 Secretary concerned shall review the military installation 19 resilience plans prepared by the Secretary concerned 20 under this section as to operation and effect, and in con- 21 ducting such review, shall consider changes, if any, to the 22 risks and threats described in subsection (d)(1) to the re- 23 silience of the military installation concerned. 24 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 8 •S 1156 IS ‘‘(2)(A) Not later than March 1 of each year, the Sec- 1 retary of Defense shall submit to the congressional defense 2 committees a report on the extent to which the military 3 installation resilience plans were prepared or implemented 4 in accordance with this section during the year preceding 5 the report. 6 ‘‘(B) Each report submitted under subparagraph (A) 7 shall include the following: 8 ‘‘(i) The number of military installation resil- 9 ience plans in effect in the year covered by the re- 10 port, including the date on which each plan was 11 issued in final form or most recently revised. 12 ‘‘(ii) The amounts expended on mitigation 13 measures conducted pursuant to or consistent with 14 such plans in the year covered by the report. 15 ‘‘(iii) An assessment of the extent to which such 16 plans comply with this section. 17 ‘‘(i) DEFINITIONS.—In this section: 18 ‘‘(1) The term ‘community infrastructure’ has 19 the meaning given that term in section 2391(e)(4) 20 of this title. 21 ‘‘(2) The term ‘Indian tribe’ has the meaning 22 given that term in section 4 of the Indian Self-De- 23 termination and Education Assistance Act (25 24 U.S.C. 5304).’’. 25 VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS 9 •S 1156 IS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of chapter 169 of such title is amended 2 by inserting after the item relating to section 2814 the 3 following new item: 4 ‘‘2815. Military installation resilience plans.’’. Æ VerDate Sep 11 2014 04:53 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1156.IS S1156 kjohnson on DSK79L0C42 with BILLS