[Congressional Record Volume 163, Number 112 (Thursday, June 29, 2017)]
[Senate]
[Pages S3860-S3861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself and Mr. Inhofe):
S. 1478. A bill to improve the Defense Siting Clearinghouse; to the
Committee on Armed Services.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1478
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
[[Page S3861]]
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.
______