- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 23, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 5972. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3__. LIMITATIONS AND REQUIREMENTS RELATING TO OFFSHORE
WIND ENERGY PROJECTS.
(a) Limitation on Reversal of Prior Approval.—
(1) In general.—Notwithstanding any other provision of
law, the Secretary of Defense may not object to, pause, or
recommend the suspension or revocation of any lease,
easement, right-of-way, or construction and operations plan
for an offshore wind energy project under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the
Secretary previously concurred with, signed off on, or found
no unmitigable adverse impact for such project during the
initial Federal environmental or regulatory review process.
(2) Unmitigable adverse impacts.—An unmitigable adverse
impact under paragraph (1) shall not include radar clutter or
operational inconveniences that can be reasonably
accommodated through software filtering, data-sharing
agreements, or any other reasonable mitigation measures.
(b) Requirements for New or Revised National Security
Objections.—The Secretary of Defense may not issue an
objection regarding the impact of a new offshore wind energy
project on operations of the Armed
Forces, radar systems, or national security unless the
Secretary first submits to the appropriate committees of
Congress a report containing the following:
(1) An unclassified summary of the specific, newly
emergent, and quantifiable threat of such project to national
security or readiness of the Armed Forces.
(2) Material and scientific evidence demonstrating that the
specific radar interference, target masking, or operational
conflict cannot be resolved through alternative deployment
strategies of the Armed Forces.
(3) A certified cost-benefit analysis comparing the stated
risk to national security against the economic impact of
project cancellation and the risk to energy grid resilience
in the United States.
(c) Mandatory Mitigation Collaboration.—The Secretary of
Defense may not finalize an objection to or halt an offshore
wind energy project unless—
(1) the Secretary and the developer for such project have
engaged in a good-faith negotiation period of not less than
180 days to implement technical mitigations; and
(2) the Secretary demonstrates that all available technical
mitigations are technically unfeasible.
(d) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
(1) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services and the Committee on
Natural Resources of the House of Representatives.