[Congressional Record Volume 169, Number 118 (Tuesday, July 11, 2023)]
[Senate]
[Page S2316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 141. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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__. MODIFICATIONS TO MILITARY AVIATION AND INSTALLATION 
                   ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION 
                   OBSTRUCTIONS.

       (a) Projects Proposed Within Two Nautical Miles of Any 
     Intercontinental Ballistic Missile Launch Facility or Control 
     Center.--Section 183a of title 10, United States Code, is 
     amended--
       (1) in subsection (c)(7), in the second sentence--
       (A) by inserting ``within two nautical miles of any 
     intercontinental ballistic missile launch facility or control 
     center,'' after ``any project proposed''; and
       (B) by striking ``training route'' and inserting ``training 
     route,'';
       (2) in subsection (d)(2)--
       (A) in subparagraph (B), by inserting ``or any 
     intercontinental ballistic missile launch facility or control 
     center'' after ``military training routes''; and
       (B) in subparagraph (E), by striking ``or a Deputy Under 
     Secretary of Defense'' and inserting ``a Deputy Under 
     Secretary of Defense, or the Assistant Secretary of Defense 
     for Energy, Installations, and Environment''; and
       (3) in subsection (e)(1)--
       (A) by inserting after the first sentence the following: 
     ``In the case of any energy project or antenna structure 
     project with proposed structures located within two nautical 
     miles of an intercontinental ballistic missile launch 
     facility or control center, the Secretary of Defense shall 
     issue a finding of unacceptable risk to national security for 
     such project if the mitigation actions do not include removal 
     of all such proposed structures from the project after 
     receiving notice of presumed risk from the Clearinghouse 
     under subsection (c)(2).''; and
       (B) by striking ``The Secretary of Defense's finding of 
     unacceptable risk to national security'' and inserting ``Any 
     finding of unacceptable risk to national security by the 
     Secretary of Defense under this paragraph''.
       (b) Inclusion of Antenna Structure Projects.--
       (1) In general.--Such section is further amended--
       (A) by inserting ``or antenna structure projects'' after 
     ``energy projects'' each place it appears; and
       (B) by inserting ``or antenna structure project'' after 
     ``energy project'' each place it appears (except for 
     subsection (h)(2)).
       (2) Antenna structure project defined.--Section 183a(h) of 
     such title is amended by adding at the end the following new 
     paragraph:
       ``(10) The term `antenna structure project'--
       ``(A) means a project to construct a structure located 
     within two nautical miles of any intercontinental ballistic 
     missile launch facility or control center that is constructed 
     or used to transmit radio energy or that is constructed or 
     used for the primary purpose of supporting antennas to 
     transmit or receive radio energy (or both), and any antennas 
     and other appurtenances mounted on the structure, from the 
     time construction of the supporting structure begins until 
     such time as the supporting structure is dismantled; and
       ``(B) does not include any project in support of or 
     required by an intercontinental ballistic missile launch 
     facility or control center.''.
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