S.Amdt. 1037

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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