Sec. 2869. Guidance on encroachment that impacts covered sites
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Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall issue guidance to establish— a process to identify encroachment with respect to a covered site; a method to mitigate such encroachment; and a procedure to certify that such encroachment does not directly result in a national security risk to the covered site. In developing the guidance required by this section, each Secretary of a military department shall consider the following:
The process by which a commander or head of a covered site identifies and reports encroachment with respect to such covered site. Methods to track data relating to processes, methods, and procedures described in subsection (a). Coordination processes to track and mitigate encroachment— within each military department; and between the military departments and the Assistant Secretaries of Defense for Sustainment and Industrial Base Policy. Such guidance shall include a requirement that if a Secretary of a military department determines that encroachment described in subsection
(a)involves or may involve foreign investment, such Secretary shall— report information about encroachment relating to foreign investment to the Assistant Secretary of Defense for Industrial Base Policy; and coordinate with the Assistant Secretary of Defense for Industrial Base Policy on efforts to mitigate such encroachment or potential encroachment. Not later than 180 days after the date on which the guidance required by subsection
(a)is issued, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the guidance required by this section, including— the extent to which such guidance has been implemented within the Department of Defense; a description of methods to update any lists of covered sites; and an assessment of the procedure described in subsection (a)(3). In this section: The term covered site means a military installation or another facility or property of the United States Government. The term encroachment means an activity conducted within close proximity to a covered site that— may pose a national security risk to a covered site; may affect the operational mission of a covered site; or is incompatible with an installation master plan of a covered site. The term military department has the meaning given such term in section 101 of title 10, United States Code. The term military installation has the meaning given such term in section 2801 of title 10, United States Code.