Administrative requirements for Military Aviation and Installation Assurance Clearinghouse
Division A — Department of Defense authorizations › Title III — Operation and Maintenance › Subtitle E — Other Matters
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(a) In general Section 183a of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Timelines (1) For any project for which the Secretary of Defense determines, based on the preliminary review conducted under subsection (c), that the proposed action may have an adverse impact on operations and readiness of the armed forces, the Secretary shall complete the review under subsection (d), conduct any mitigation discussions the Secretary determines appropriate, and issue a final determination consistent with subsections (c) and (e), including whether the proposed project would result in an unacceptable risk to the national security of the United States, not later than 180 days after the date on which the Clearinghouse receives the relevant notice, filing, or request for review, unless the applicant agrees in writing to an extension. (2) For any project for which the Secretary of Defense determines, based on the preliminary review conducted under subsection (c), that the proposed action does not have an adverse impact on operations and readiness of the armed forces, the Secretary shall issue a final determination consistent with subsections (c) and (e), including whether the proposed project would result in an unacceptable risk to the national security of the United States, not later than five days after completion of the preliminary review. (3) The Secretary may not extend, restart, or otherwise delay a deadline established under this subsection based on requests for additional information, recharacterization of previously identified issues, ongoing mitigation discussions, or the absence of an executed mitigation agreement. (4) For purposes of this subsection, a notice, filing, or request for review shall be deemed received by the Clearinghouse on the earlier of— (A) the date on which the Clearinghouse actually receives such notice, filing, or request; or (B) the date that is 60 days after the applicant provides notice to the Clearinghouse that it has submitted to a Federal agency information sufficient to initiate review under this section. (5) Failure to meet any deadline under this subsection shall constitute an unreasonable delay. (6) Nothing in this subsection shall be construed to modify or alter the substantive standards or national security authorities applicable under this section, but only to establish procedural requirements governing the timing and completion of review by the Department of Defense.. (b) Applicability With respect to a project described in subsection (h)(1) of section 183a of title 10, United States Code, for which the relevant notice, filing, or request for review was submitted before the date of the enactment of this Act, the Secretary shall comply with the requirements under such subsection by not later than the later of— (1) 180 days after the date on which the Military Aviation and Installation Assurance Siting Clearinghouse received and recorded the relevant notice, filing, or request for review; or (2) 90 days after the date of the enactment of this Act.