[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.
                                 ______