,,ii #aaeth ,,congress #ast ,session ,s4 #adgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bi1 #bjag ,mr4 ,cornyn 7for himself and ,mr4 ,inhofe7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to improve the ,defense ,siting ,clearinghouse4 #a4 ,short title ,this ,act may be cited as the ,defense ,siting ,clearinghouse ,improvement ,act of #bjag4 #b4 ,defense ,siting ,clearinghouse 7a7 ,codification ,chapter #g of title #aj1 ,united ,states ,code1 is amended by inserting after section #ahc the following new section3 #ahc;a4 ,defense ,siting ,clearinghouse for review of mission obstructions 7a7 ,establishment 7#a7 ,the ,secretary of ,defense shall establish a ,defense ,siting ,clearinghouse 7in this section referred to as the ,clearinghouse74 7#b7 ,the ,clearinghouse shall be-- 7,a7 organized under the authority1 direction1 and control of an ,assistant ,secretary of ,defense designated by the ,secretary2 and 7,b7 assigned such personnel and resources as the ,secretary considers appropriate to carry out this section4 7b7 ,functions 7#a7 ,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 #ddgah of title #di and received by the ,department of ,defense from the ,secretary of ,transportation4 7#b7 ,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 section4 7#c7 ,the ,clearinghouse shall perform such other functions as the ,secretary of ,defense assigns4 7c7 ,review of proposed actions 7#a7 ,not later than #cj days after receiving from the ,secretary of ,transportation a proper application for an energy project under section #ddgah of title #di that may have an adverse impact on military operations and readiness1 the ,clearinghouse shall conduct a preliminary review of such application4 ,the review shall-- 7,a7 assess the likely scope1 duration1 and level of risk of any adverse impact of such energy project on military operations and readiness2 and 7,b7 identify any feasible and affordable actions that could be taken by the ,department1 the developer of such energy project1 or others to mitigate the adverse impact and to minimize risks to national security while allowing the energy project to proceed with development4 7#b7 ,if the ,clearinghouse determines under paragraph 7#a7 that an energy project will have an adverse impact on military operations and readiness1 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 actions4 7#c7 ,the ,clearinghouse shall develop1 in coordination with other departments and agencies of the ,federal ,government1 an integrated review process to ensure timely notification and consideration of energy projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di that may have an adverse impact on military operations and readiness4 7#d7 ,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 agency1 a ,state government1 an ,indian tribal government1 a local government1 a landowner1 or the developer of an energy project1 including guidance to personnel at each military installation in the ,united ,states on how to initiate such procedures and ensure a coordinated ,department response4 7#e7 ,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 section4 7d7 ,comprehensive review 7#a7 ,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 #ddgah of title #di4 7#b7 ,in developing the strategy required by paragraph 7#a71 the ,secretary shall-- 7,a7 assess of the magnitude of interference posed by projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di2 7,b7 for the purpose of informing preliminary reviews under subsection 7c77#a7 and early outreach efforts under subsection 7c77#e71 identify geographic areas selected as proposed locations for projects filed1 or which may be filed in the future1 with the ,secretary of ,transportation pursuant to section #ddgah of title #di where such projects could have an adverse impact on military operations and readiness and categorize the risk of adverse impact in such areas2 and 7,c7 specifically identify feasible and affordable long-term actions that may be taken to mitigate adverse impacts of projects filed1 or which may be filed in the future1 with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 on military operations and readiness1 including-- 7i7 investment priorities of the ,department of ,defense with respect to research and development2 7ii7 modifications to military operations to accommodate applications for such projects2 7iii7 recommended upgrades or modifications to existing systems or procedures by the ,department of ,defense2 7iv7 acquisition of new systems by the ,department and other departments and agencies of the ,federal ,government and timelines for fielding such new systems2 and 7v7 modifications to the projects for which such applications are filed1 including changes in size1 location1 or technology4 7e7 ,department of defense determination of unacceptable risk 7#a7 ,the ,secretary of ,defense may not object to an energy project filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 except in a case in which the ,secretary of ,defense determines1 after giving full consideration to mitigation actions identified pursuant to this section1 that such project would result in an unacceptable risk to the national security of the ,united ,states4 ,such a determination shall constitute a finding pursuant to section #ddgah7;f7 of title #di4 7#b7 ,not later than #cj days after making a determination of unacceptable risk under paragraph 7#a71 the ,secretary of ,defense shall submit to the congressional defense committees a report on such determination and the basis for such determination4 ,such report shall include an explanation of the operational impact that led to the determination1 a discussion of the mitigation options considered1 and an explanation of why the mitigation options were not feasible or did not resolve the conflict4 ,the ,secretary of ,defense may provide public notice through the ,federal ,register of the determination4 7#c7 ,the ,secretary of ,defense may only delegate the responsibility for making a determination of unacceptable risk under paragraph 7#a7 to the ,deputy ,secretary of ,defense1 an under secretary of defense1 or a principal deputy under secretary of defense4 7f7 ,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 #ddgah of title #di4 ,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 impacts4 7g7 ,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 #ddgah of title #di4 7h7 ,savings clause ,nothing in this section shall be construed to affect or limit the application of1 or any obligation to comply with1 any environmental law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7i7 ,definitions ,in this section3 7#a7 ,the term adverse impact on military operations and readiness means any adverse impact upon military operations and readiness1 including flight operations1 research1 development1 testing1 and evaluation1 and training1 that is demonstrable and is likely to impair or degrade the ability of the armed forces to perform their warfighting missions4 7#b7 ,the term energy project means a project that provides for the generation or transmission of electrical energy4 7#c7 ,the term landowner means a person that owns a fee interest in real property on which a proposed energy project is planned to be located4 7#d7 ,the term military installation has the meaning given that term in section #bhja7;c77#d7 of this title4 7#e7 ,the term military readiness includes any training or operation that could be related to combat readiness1 including testing and evaluation activities4 7#f7 ,the term military training route means a training route developed as part of the ,military ,training ,route ,program1 carried out jointly by the ,federal ,aviation ,administration and the ,secretary of ,defense1 for use by the armed forces for the purpose of conducting low-altitude1 high-speed military training4 7#g7 ,the term unacceptable risk to the national security of the ,united ,states means the construction1 alteration1 establishment1 or expansion1 or the proposed construction1 alteration1 establishment1 or expansion1 of a structure or sanitary landfill that would-- 7,a7 endanger safety in air commerce1 related to the activities of the ,department of ,defense2 7,b7 interfere with the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports1 related to the activities of the ,department of ,defense2 or 7,c7 significantly impair or degrade the capability of the ,department of ,defense to conduct training1 research1 development1 testing1 and evaluation1 and operations or to maintain military readiness4 4 7b7 ,conforming and clerical amendments 7#a7 ,repeal of existing provision ,section #ceh of the ,ike ,skelton ,national ,defense ,authorization ,act for ,fiscal ,year #bjaa 7#di ,u4,s4,c4 #ddgah note7 is repealed4 7#b7 ,reference to regulations ,section #ddgah7;g7 of title #di1 ,united ,states ,code1 is amended by striking #baa4c of title #cb1 ,code of ,federal ,regulations1 as in effect on ,january #f1 #bjad both places it appears and inserting #ahc;a7i7 of title #aj4 7#c7 ,table of sections amendment ,the table of sections at the beginning of chapter #g of title #aj is amended by inserting after the item relating to section #ahc the following new item3 #ahc;a4 ,defense ,siting ,clearinghouse for review of mission obstructions4 4 7c7 ,applicability of existing rules and regulations ,notwithstanding the amendments made by subsection 7a71 any rule or regulation promulgated to carry out section #ceh of the ,ike ,skelton ,national ,defense ,authorization ,act for ,fiscal ,year #bjaa 7#di ,u4,s4,c4 #ddgah note7 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 #ahc;a of title #aj1 ,united ,states ,code1 as added by subsection 7a71 until such rule or regulation is otherwise amended or repealed4