[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1478 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1478

              To improve the Defense Siting Clearinghouse.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2017

Mr. Cornyn (for himself and Mr. Inhofe) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
              To improve the Defense Siting Clearinghouse.

    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 ``Defense Siting Clearinghouse 
Improvement Act of 2017''.

SEC. 2. DEFENSE SITING CLEARINGHOUSE.

    (a) Codification.--Chapter 7 of title 10, United States Code, is 
amended by inserting after section 183 the following new section:
``Sec. 183a. Defense Siting Clearinghouse for review of mission 
              obstructions
    ``(a) Establishment.--(1) The Secretary of Defense shall establish 
a Defense Siting Clearinghouse (in this section referred to as the 
`Clearinghouse').
    ``(2) The Clearinghouse shall be--
            ``(A) organized under the authority, direction, and control 
        of an Assistant Secretary of Defense designated by the 
        Secretary; and
            ``(B) assigned such personnel and resources as the 
        Secretary considers appropriate to carry out this section.
    ``(b) Functions.--(1) The Clearinghouse shall serve as a 
clearinghouse to coordinate Department of Defense review of 
applications for energy projects filed with the Secretary of 
Transportation pursuant to section 44718 of title 49 and received by 
the Department of Defense from the Secretary of Transportation.
    ``(2) The Clearinghouse shall accelerate the development of 
planning tools necessary to determine the acceptability to the 
Department of Defense of proposals included in an application for an 
energy project submitted pursuant to such section.
    ``(3) The Clearinghouse shall perform such other functions as the 
Secretary of Defense assigns.
    ``(c) Review of Proposed Actions.--(1) Not later than 30 days after 
receiving from the Secretary of Transportation a proper application for 
an energy project under section 44718 of title 49 that may have an 
adverse impact on military operations and readiness, the Clearinghouse 
shall conduct a preliminary review of such application. The review 
shall--
            ``(A) assess the likely scope, duration, and level of risk 
        of any adverse impact of such energy project on military 
        operations and readiness; and
            ``(B) identify any feasible and affordable actions that 
        could be taken by the Department, the developer of such energy 
        project, or others to mitigate the adverse impact and to 
        minimize risks to national security while allowing the energy 
        project to proceed with development.
    ``(2) If the Clearinghouse determines under paragraph (1) that an 
energy project will have an adverse impact on military operations and 
readiness, the Secretary of Defense shall issue to the applicant a 
notice of presumed risk that describes the concerns identified by the 
Department in the preliminary review and requests a discussion of 
possible mitigation actions.
    ``(3) The Clearinghouse shall develop, in coordination with other 
departments and agencies of the Federal Government, an integrated 
review process to ensure timely notification and consideration of 
energy projects filed with the Secretary of Transportation pursuant to 
section 44718 of title 49 that may have an adverse impact on military 
operations and readiness.
    ``(4) The Clearinghouse shall establish procedures for the 
Department of Defense for the coordinated consideration of and response 
to a request for a review received from another Federal agency, a State 
government, an Indian tribal government, a local government, a 
landowner, or the developer of an energy project, including guidance to 
personnel at each military installation in the United States on how to 
initiate such procedures and ensure a coordinated Department response.
    ``(5) The Clearinghouse shall develop procedures for conducting 
early outreach to parties carrying out energy projects that could have 
an adverse impact on military operations and readiness and to clearly 
communicate to such parties actions being taken by the Department of 
Defense under this section.
    ``(d) Comprehensive Review.--(1) The Secretary of Defense shall 
develop a comprehensive strategy for addressing the military impacts of 
projects filed with the Secretary of Transportation pursuant to section 
44718 of title 49.
    ``(2) In developing the strategy required by paragraph (1), the 
Secretary shall--
            ``(A) assess of the magnitude of interference posed by 
        projects filed with the Secretary of Transportation pursuant to 
        section 44718 of title 49;
            ``(B) for the purpose of informing preliminary reviews 
        under subsection (c)(1) and early outreach efforts under 
        subsection (c)(5), identify geographic areas selected as 
        proposed locations for projects filed, or which may be filed in 
        the future, with the Secretary of Transportation pursuant to 
        section 44718 of title 49 where such projects could have an 
        adverse impact on military operations and readiness and 
        categorize the risk of adverse impact in such areas; and
            ``(C) specifically identify feasible and affordable long-
        term actions that may be taken to mitigate adverse impacts of 
        projects filed, or which may be filed in the future, with the 
        Secretary of Transportation pursuant to section 44718 of title 
        49, on military operations and readiness, including--
                    ``(i) investment priorities of the Department of 
                Defense with respect to research and development;
                    ``(ii) modifications to military operations to 
                accommodate applications for such projects;
                    ``(iii) recommended upgrades or modifications to 
                existing systems or procedures by the Department of 
                Defense;
                    ``(iv) acquisition of new systems by the Department 
                and other departments and agencies of the Federal 
                Government and timelines for fielding such new systems; 
                and
                    ``(v) modifications to the projects for which such 
                applications are filed, including changes in size, 
                location, or technology.
    ``(e) Department of Defense Determination of Unacceptable Risk.--
(1) The Secretary of Defense may not object to an energy project filed 
with the Secretary of Transportation pursuant to section 44718 of title 
49, except in a case in which the Secretary of Defense determines, 
after giving full consideration to mitigation actions identified 
pursuant to this section, that such project would result in an 
unacceptable risk to the national security of the United States. Such a 
determination shall constitute a finding pursuant to section 44718(f) 
of title 49.
    ``(2) Not later than 30 days after making a determination of 
unacceptable risk under paragraph (1), the Secretary of Defense shall 
submit to the congressional defense committees a report on such 
determination and the basis for such determination. Such report shall 
include an explanation of the operational impact that led to the 
determination, a discussion of the mitigation options considered, and 
an explanation of why the mitigation options were not feasible or did 
not resolve the conflict. The Secretary of Defense may provide public 
notice through the Federal Register of the determination.
    ``(3) The Secretary of Defense may only delegate the responsibility 
for making a determination of unacceptable risk under paragraph (1) to 
the Deputy Secretary of Defense, an under secretary of defense, or a 
principal deputy under secretary of defense.
    ``(f) Authority To Accept Contributions of Funds.--The Secretary of 
Defense is authorized to request and accept a voluntary contribution of 
funds from an applicant for a project filed with the Secretary of 
Transportation pursuant to section 44718 of title 49. Amounts so 
accepted shall remain available until expended for the purpose of 
offsetting the cost of measures undertaken by the Secretary of Defense 
to mitigate adverse impacts of such a project on military operations 
and readiness or to conduct studies of potential measures to mitigate 
such impacts.
    ``(g) Effect of Department of Defense Hazard Assessment.--An action 
taken pursuant to this section shall not be considered to be a 
substitute for any assessment or determination required of the 
Secretary of Transportation under section 44718 of title 49.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    ``(i) Definitions.--In this section:
            ``(1) The term `adverse impact on military operations and 
        readiness' means any adverse impact upon military operations 
        and readiness, including flight operations, research, 
        development, testing, and evaluation, and training, that is 
        demonstrable and is likely to impair or degrade the ability of 
        the armed forces to perform their warfighting missions.
            ``(2) The term `energy project' means a project that 
        provides for the generation or transmission of electrical 
        energy.
            ``(3) The term `landowner' means a person that owns a fee 
        interest in real property on which a proposed energy project is 
        planned to be located.
            ``(4) The term `military installation' has the meaning 
        given that term in section 2801(c)(4) of this title.
            ``(5) The term `military readiness' includes any training 
        or operation that could be related to combat readiness, 
        including testing and evaluation activities.
            ``(6) The term `military training route' means a training 
        route developed as part of the Military Training Route Program, 
        carried out jointly by the Federal Aviation Administration and 
        the Secretary of Defense, for use by the armed forces for the 
        purpose of conducting low-altitude, high-speed military 
        training.
            ``(7) The term `unacceptable risk to the national security 
        of the United States' means the construction, alteration, 
        establishment, or expansion, or the proposed construction, 
        alteration, establishment, or expansion, of a structure or 
        sanitary landfill that would--
                    ``(A) endanger safety in air commerce, related to 
                the activities of the Department of Defense;
                    ``(B) interfere with the efficient use and 
                preservation of the navigable airspace and of airport 
                traffic capacity at public-use airports, related to the 
                activities of the Department of Defense; or
                    ``(C) significantly impair or degrade the 
                capability of the Department of Defense to conduct 
                training, research, development, testing, and 
                evaluation, and operations or to maintain military 
                readiness.''.
    (b) Conforming and Clerical Amendments.--
            (1) Repeal of existing provision.--Section 358 of the Ike 
        Skelton National Defense Authorization Act for Fiscal Year 2011 
        (49 U.S.C. 44718 note) is repealed.
            (2) Reference to regulations.--Section 44718(g) of title 
        49, United States Code, is amended by striking ``211.3 of title 
        32, Code of Federal Regulations, as in effect on January 6, 
        2014'' both places it appears and inserting ``183a(i) of title 
        10''.
            (3) Table of sections amendment.--The table of sections at 
        the beginning of chapter 7 of title 10 is amended by inserting 
        after the item relating to section 183 the following new item:

``183a. Defense Siting Clearinghouse for review of mission 
                            obstructions.''.
    (c) Applicability of Existing Rules and Regulations.--
Notwithstanding the amendments made by subsection (a), any rule or 
regulation promulgated to carry out section 358 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (49 U.S.C. 
44718 note) that is in effect on the day before the date of the 
enactment of this Act shall continue in effect and apply to the extent 
such rule or regulation is consistent with the authority under section 
183a of title 10, United States Code, as added by subsection (a), until 
such rule or regulation is otherwise amended or repealed.
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