[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2886 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2886
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
April 26, 2023
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) Improvements.--
(1) 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 and criteria to determine the fitness of
the individual to enter an installation;
``(B) standards and methods for verifying the identity of
the individual; and
``(C) other factors the Secretary determines appropriate.
``(2) In developing the standards under paragraph (1), the
Secretary shall, with respect to military installations in the United
States--
``(A) include procedures for recurring unescorted access to
facilitate future visits to the installation for individuals
who--
``(i) are non-Department of Defense personnel; and
``(ii) are determined to be eligible under such
standards; and
``(B) ensure that access for such individuals is based on
the use of credentials non-Department of Defense personnel
already possess, to the extent practical.
``(3) Upon publication in the Federal Register of final regulations
to carry out paragraph (1), the Secretary shall publish the standards
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) Pre-Arrival Registration and Screening Protocol for Access to
Military Installations in United States.--The Secretary shall ensure
that the standards under subsection (a) include a protocol for the
voluntary pre-arrival registration and screening of individuals
anticipating a need for access to a military installation in the United
States, to establish the fitness and purpose of such individual with
respect to such access. Under such protocol--
``(1) such a screening shall occur not less than 24 hours,
and not more than 14 days, prior to the initial time of such
access; and
``(2) if an individual is determined fit to enter the
installation for a specified period of time pursuant to the
pre-arrival registration and screening, access may only be
granted upon arrival at the military installation during such
period of time and for the purpose so established, following a
verification of the identity of the individual;
``(c) Unescorted Access to Military Installations in United States
for Certain Individuals.--The Secretary shall maintain guidance
regarding the granting of unescorted access to military installations
in the United States for covered individuals and ensure such guidance
is circulated to the commanders of each such military installation.
Such guidance shall--
``(1) identify the categories of covered individuals that
may obtain such unescorted access;
``(2) include a list of credentials that can be used for
access to an installation that are, to the extent practical,
types of identification non-Department of Defense personnel
already possess;
``(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) 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.
``(e) 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.
``(f) Definitions.--In this section:
``(1) 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) An individual 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,
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 an individual
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 an individual
performing work at the installation for the
purposes of soliciting such individual to join
such labor organization.
``(G) A representative of any labor organization,
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.
``(2) 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).
``(3) 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.
``(4) The terms `household goods', `household goods motor
carrier', and `motor carrier' have the meanings given those
terms in section 13102 of title 49.
``(5) 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).
``(6) The term `military installation' has the meaning
given that term in section 2801 of this title.
``(7) 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.
``(8) The term `United States' includes each State, as such
term is defined in this subsection.''.
(2) 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--
(A) conduct the first review of the standards and
guidance required under section 2698 of title 10,
United States Code (as added by paragraph (1)); and
(B) 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.
(3) 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''.
(4) Technical and conforming amendments.--
(A) 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.
(B) 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--
(i) in subsection (a), by striking
``Department of Defense installations'' and
inserting ``military installations in the
United States'';
(ii) in subsection (b), by striking
``Department of Defense facilities'' and
inserting ``military installations in the
United States''; and
(iii) by adding at the end the following
new subsection:
``(c) Definitions.--In this section, the terms `military
installation' and `United States' have the meanings given such terms in
section 2698(e) of title 10, United States Code.''.
(b) Report on Implementation of Task Force Recommendations.--
(1) Submission.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the implementation by the Secretary of
Defense of the recommendations contained in the report
published on February 7, 2022, by the White House Task Force on
Worker Organizing and Empowerment established under Executive
Order 14025 (86 Fed. Reg. 22829, relating to worker organizing
and empowerment) (in this subsection referred to as the ``Task
Force'').
(2) Matters.--The report under paragraph (1) shall include
an assessment of the implementation of the recommendation of
the Task Force to standardize guidelines for access to military
installations by union organizers, including access to such
installations by such organizers for the purpose of seeking
access to contractors or subcontractors (at any tier)
performing work at such installations.
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