[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8158 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8158
To amend title 10, United States Code, to direct the Secretary of
Defense to make certain improvements relating to access to military
installations in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2022
Mr. Garamendi (for himself and Mr. Norcross) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to direct the Secretary of
Defense to make certain improvements relating to access to military
installations in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Base Access Privileges Improvement
Act''.
SEC. 2. IMPROVEMENTS RELATING TO ACCESS TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Additional Categories for Expedited Access.--Chapter 159 of
title 10, United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such chapter accordingly):
``Sec. 2698. Access to military installations: standards for entry to
military installations in United States
``(a) Access to Military Installations in United States.--(1) The
Secretary of Defense shall maintain access standards applicable to all
military installations in the United States. Such standards shall
require screening standards appropriate to the type of installation
involved, the security level of the installation, the category of
individuals authorized to visit the installation, and the level of
access to be granted, including--
``(A) protocols to determine the fitness of the individual
to enter an installation; and
``(B) standards and methods for verifying the identity of
the individual.
``(2) In developing the standards under paragraph (1), the
Secretary shall, with respect to military installations in the United
States--
``(A) provide for expedited access to such military
installations for covered individuals;
``(B) provide for closer scrutiny of categories of
individuals determined by the Secretary of Defense to pose a
higher potential security risk;
``(C) in the case of such a military installation that the
Secretary determines contains particularly sensitive
facilities, provide additional screening requirements, as well
as physical and other security measures for the installation;
and
``(D) prescribe regulations setting forth minimum criteria
for the fitness of individuals to be granted unescorted access
to such military installations, taking into account individuals
who hold a covered Federally recognized access credential, and
including a process by which such individuals may be eligible
for expedited unescorted access.
``(3) Upon publication in the Federal Register of the final
regulations under paragraph (2)(D), the Secretary shall publish the
minimum criteria set forth therein on a publicly accessible Internet
website of the Department of Defense.
``(4) In carrying out this subsection, the Secretary shall seek to
procure and field existing identification screening technology
(including technology to enable the Secretary to validate other
Federally recognized access credentials) and develop additional
technology only to the extent necessary to assist commanders of
military installations in the United States in implementing the
standards under paragraph (1) at points of entry for such
installations.
``(b) Specific Protocol for Access to Military Installations in
United States for Certain Deliveries.--The Secretary shall ensure that
the standards under subsection (a) include a specific protocol for the
screening, prior to any delivery of a freight shipment or shipment of
household goods, of the identity, fitness, and purpose of any
individual seeking access to a military installation in the United
States for such delivery. Under such protocol--
``(1) the screening shall occur not less than 24 hours
prior to the time of such delivery; and
``(2) if an individual is determined fit to enter the
installation pursuant to the screening, access may only be
granted upon arrival at the military installation on the date
of the delivery, following a verification of the identity of
the individual.
``(c) Unescorted Access to Military Installations in United States
for Certain Civilians.--The Secretary shall maintain guidance regarding
the granting of unescorted access to military installations in the
United States for covered civilians and ensure such guidance is
circulated to the commanders of each such military installation. Such
guidance shall--
``(1) identify the categories of covered civilians that may
obtain such unescorted access;
``(2) include a recommendation to issue access cards that
expire on the date that is two years after the date of
issuance, notwithstanding any change in the commander of the
installation or delegation of authority letters issued by the
previous commander;
``(3) be consistent across military installations in the
United States; and
``(4) be in accordance with any privileges or benefits
accorded under, procedures developed pursuant to, or
requirements of, each covered provision and subsection (a).
``(d) Access Cards.--The Secretary of Defense shall develop access
cards to be issued to individuals granted access to military
installations in the United States. To the extent practicable, such
access cards shall be interoperable across the following:
``(1) Military installations.
``(2) Military departments.
``(3) Defense Agencies.
``(e) Physical Entrances to Certain Military Installations.--The
Secretary shall ensure that, to the extent practicable--
``(1) each military installation in the United States has a
designated main entrance that, at all times, is manned by at
least one member of the armed forces or civilian employee of
the Department;
``(2) the location of each such designated main entrance is
published on a publicly accessible Internet website of the
Department;
``(3) if a military installation in the United States has
any additional entrance designated for commercial deliveries to
the military installation, the location of such entrance (and
any applicable days or hours of operation for such entrance) is
published on the same Internet website specified in paragraph
(2); and
``(4) the information published on the Internet website
specified in paragraph (2) is reviewed and, as necessary,
updated on a basis that is not less frequent than annually.
``(f) Reviews and Submission to Congress.--On a basis that is not
less frequent than once every five years, the Secretary shall--
``(1) review the standards and guidance under this section,
and make such updates as may be determined appropriate by the
Secretary; and
``(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate the most recently
reviewed and, as applicable, updated version of such standards
and guidance.
``(g) Definitions.--In this section:
``(1) The term `covered civilian' means an individual who
is not a Department of Defense personnel or a dependent of such
personnel.
``(2) The term `covered Federally recognized access
credential' means a Federally recognized access credential the
grant or recognition of which requires vetting at a level that
the Secretary of Defense determines is commensurate with or
greater than the level of vetting that would otherwise be
required by the Secretary for the purpose concerned, and
includes the following:
``(A) A Transportation Worker Identification
Credential.
``(B) A Secure Identification Display Area
credential issued pursuant to section 1540.5 of title
49, Code of Federal Regulations, or any successor
regulation to such section.
``(C) A personnel identity verification credential
issued pursuant to the Presidential directive of August
27, 2004, titled `Homeland Security Presidential
Directive-12'.
``(D) A credential accepted for purposes of the
Personnel Surety Program of the Chemical Facilities
Anti-Terrorism Program under section 2102(d)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 622(d)(2)).
``(E) A credential issued for purposes of the
access authorization program of the Nuclear Regulatory
Commission, or any successor to such program, in
accordance with part 73 of title 10, Code of Federal
Regulations.
``(3) The term `covered individual' means, with respect to
a military installation in the United States, the following:
``(A) A member of the armed forces or civilian
employee of the Department of Defense, or an employee
or family member of such member or employee, who
resides, attends school, receives health care services,
or shops at a commissary or exchange store on the
installation.
``(B) A retired member of the armed forces,
including the reserve components, or a family member of
such retired member, who resides, attend schools,
receives health care services, or shops at a commissary
or exchange store on the installation.
``(C) A covered civilian performing work at the
installation under a contract or subcontract (at any
tier), including a military construction project,
military family housing project, or a Facilities
Sustainment, Restoration, and Modernization project.
``(D) A motor carrier or household goods motor
carrier providing transportation services for the
United States Transportation Command.
``(E) An official who is employed by an agency of
the State in which the installation is located that
enforces laws relating to workers' compensation or
minimum wage with respect to such State and who is
seeking such access pertaining to a specific military
construction project, military family housing project,
or Facilities Sustainment, Restoration, and
Modernization project.
``(F) A representative of any labor organization
(as defined in section 2 of the National Labor
Relations Act (29 U.S.C. 152)), including a member of
any labor management committee described in section
205A of the Labor Management Relations Act, 1947 (29
U.S.C. 175a), who is--
``(i) seeking access to a covered civilian
performing work at the installation who is a
member of such labor organization--
``(I) in connection with a specific
military construction project, military
family housing project, or Facilities
Sustainment, Restoration, and
Modernization project; or
``(II) pursuant to a concessions or
service contract subject to chapter 67
of title 41 (known as the `McNamara-
O'Hara Service Contract Act of 1965');
or
``(ii) seeking access to a covered civilian
performing work at the installation for the
purposes of soliciting such covered civilian to
join such labor organization.
``(G) A representative of any labor organization
(as defined in section 2 of the National Labor
Relations Act (29 U.S.C. 152)), including a member of
any labor management committee described in section
205A of the Labor Management Relations Act, 1947 (29
U.S.C. 175a), or a representative of a program
registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 29 U.S.C.
50 et seq.), conducting a vocational training, job
fair, or similar workforce development event for
members of the armed forces or veterans at the
installation.
``(4) The term `covered provision' means the following:
``(A) Chapter 54 of this title.
``(B) Section 202 of the REAL ID Act of 2005
(Public Law 109-13; 49 U.S.C. 30301 note).
``(C) Section 2812 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 2150; 10 U.S.C. 113 note).
``(D) Sections 346 and 1050 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 113 note).
``(E) Section 626 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1802; 10 U.S.C. 113 note).
``(F) Section 1090 of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3879;
10 U.S.C. 113 note).
``(5) The term `Federally recognized access credential'
means a credential authorized by Federal law or otherwise
issued by the head of a Federal department or agency that
requires the vetting of an individual for access to a facility,
area, or program.
``(6) The terms `household goods', `household goods motor
carrier', and `motor carrier' have the meanings given those
terms in section 13102 of title 49.
``(7) The terms `labor organization' and `representative'
have the meanings given those terms in section 2 of the
National Labor Relations Act (29 U.S.C. 152).
``(8) The term `military installation' has the meaning
given that term in section 2801 of this title.
``(9) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands of the United States, or the
Commonwealth of the Northern Mariana Islands.
``(10) The term `Transportation Worker Identification
Credential' means a card issued pursuant to section 70105 of
title 46, United States Code (also referred to as a
`transportation security card').
``(11) The term `United States' includes each State, as
such term is defined in this subsection.''.
(b) Deadline for First Review and Submission to Congress.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) conduct the first review of the standards and guidance
required under section 2698 of title 10, United States Code (as
added by subsection (a)); and
(2) submit to the Committees on Armed Services of the House
of Representatives and the Senate the reviewed and, as
applicable, updated version of such standards and guidance.
(c) Modification to Certain Notification Requirement.--Section
1090(b)(2)(B) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat.
3879; 10 U.S.C. 113 note) is amended by striking ``is'' and inserting
``and, as appropriate, the Secretary of Homeland Security and the
Director of the Federal Bureau of Investigation, are''.
(d) Technical and Conforming Amendments.--
(1) Repeal of duplicate provision.--Section 1069 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 326) is repealed.
(2) Conforming amendments to prior national defense
authorization act.--Section 1050 of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 113 note; 130
Stat. 2396) is amended--
(A) in subsection (a), by striking ``Department of
Defense installations'' and inserting ``military
installations in the United States'';
(B) in subsection (b), by striking ``Department of
Defense facilities'' and inserting ``military
installations in the United States''; and
(C) by adding at the end the following new
subsection:
``(c) Definitions.--In this section:
``(1) The terms `military installation' and `United States'
have the meanings given such terms in section 2698(e) of title
10, United States Code.
``(2) The terms `Transportation Worker Identification
Credential' and `TWIC' mean a card issued pursuant to section
70105 of title 46, United States Code (also referred to as a
`transportation security card').''.
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