[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Page S3541]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1037. 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 
     Active Intercontinental Ballistic Missile Launch Facility or 
     Control Center.--Section 183a of title 10, United States 
     Code, is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (B), by inserting ``or any active 
     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, in the case of a geographic area of 
     concern related to an active intercontinental ballistic 
     missile launch facility or control center, the Assistant 
     Secretary of Defense for Energy, Installations, and 
     Environment''; and
       (2) in subsection (e)(1)--
       (A) in the first sentence--
       (i) by striking ``The Secretary'' and inserting ``(A) The 
     Secretary''; and
       (ii) by inserting ``or antenna structure project'' after 
     ``energy project'';
       (B) in the second sentence, by striking ``The Secretary of 
     Defense's finding of unacceptable risk to national security'' 
     and inserting the following:
       ``(C) Any finding of unacceptable risk to national security 
     by the Secretary of Defense under this paragraph''; and
       (C) by inserting after subparagraph (A), as designated by 
     subparagraph (A)(i) of this paragraph, the following new 
     subparagraph:
       ``(B)(i) In the case of any energy project or antenna 
     structure project with proposed structures more than 200 feet 
     above ground level located within two nautical miles of an 
     active 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 identified pursuant to this 
     section do not include removal of all such proposed 
     structures from such project after receiving notice of 
     presumed risk from the Clearinghouse under subsection (c)(2).
       ``(ii) Clause (i) does not apply to structures approved 
     before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2024 or to structures that 
     are re-powered with updated technology in the same location 
     as previously approved structures.''.
       (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 
     subsections (e)(1) and (h)(2)).
       (2) Antenna structure project defined.--Section 183a(h) of 
     such title is amended--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) 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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