I 

108TH CONGRESS 

1ST SESSION H. R. 3695

To establish a pilot and demonstration program in New Jersey and elsewhere 

to improve security on military installations and to improve the quality 

of defense contractors and subcontractors. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2003

Mr. SMITH of New Jersey (for himself, Mr. SAXTON, and Mr. LOBIONDO) introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL

To establish a pilot and demonstration program in New 

Jersey and elsewhere to improve security on military 

installations and to improve the quality of defense contractors and subcontractors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Base Security 

5 Act’’. 
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1 SEC. 2. PILOT AND DEMONSTRATION PROGRAM FOR MILI2 TARY INSTALLATIONS IN NEW JERSEY. 

3 (a) PILOT AND DEMONSTRATION PROGRAM.—The 

4 Secretary of Defense, acting through the Office of the Sec5 retary of Defense, shall develop a pilot and demonstration 

6 program in the State of New Jersey, and in one or more 

7 additional States or regions selected by the Secretary, to 

8 develop and explore policies, procedures, and practices 

9 that improve the level of security, reliability, quality, and 

10 economic efficiency of defense contractors and subcontrac11 tors used for construction, renovation, maintenance, and 

12 repair services on military installations. 

13 (b) PROGRAM GOALS AND REQUIREMENTS.—The 

14 goals and requirements of the pilot and demonstration 

15 program developed under subsection (a) shall be to iden16 tify, develop, and implement strategies that—

17 (1) minimize risks to national security caused 

18 by the employment of illegal or improperly docu19 mented contract workers on military installations; 

20 (2) ensure that all necessary and reasonable 

21 precautions are taken by the Department of Defense 

22 and its contractors and subcontractors to conduct ef23 fective background checks and other appropriate se24 curity clearance procedures of contract employees, 

25 including management employees, professionals, 

26 craft labor personnel, and administrative personnel, 
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1 to avoid the employment of persons who may pose 

2 a risk to military installations or otherwise present 

3 a threat to national security; and 

4 (3) promote greater contracting opportunities 

5 for contractors and subcontractors offering effective, 

6 reliable staffing plans to perform defense contracts 

7 that ensure all contract personnel employed for such 

8 projects, including management employees, profes9 sional employees, craft labor personnel, and adminis10 trative personnel, are lawful residents or persons 

11 properly authorized to be employed in the United 

12 States and properly qualified to perform services re13 quired under the contract. 

14 (c) REQUIREMENTS FOR SECURITY PROCEDURES.—

15 In developing the pilot and demonstration program under 

16 subsection (a), the Secretary of Defense shall review exist17 ing policies, procedures, and practices pertaining to secu18 rity clearances required for access to military installations, 

19 including national agency checks, background investiga20 tions and other security clearance procedures. The Sec21 retary also shall—

22 (1) identify potential weaknesses and areas for 

23 improvement in existing security policies, proce24 dures, and practices; 
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1 (2) develop and implement reforms to strength2 en, upgrade, and improve security clearance policies, 

3 procedures, and practices of the Department of De4 fense and its contractors and subcontractors; 

5 (3) utilize the social security number 

6 verification service, maintained and operated by the 

7 Social Security Administration, to review social secu8 rity numbers of employees of contractors and sub9 contractors employed on military installations and 

10 detect the use of false or fraudulent identification 

11 documents used by contract employees; 

12 (4) cooperate with appropriate Federal, State 

13 and local agencies and authorities, including the Sec14 retary of Homeland Security, the U.S. Attorney for 

15 New Jersey, the New Jersey Motor Vehicles Com16 mission, and the New Jersey State Police, as well as 

17 local communities, to detect and prosecute the use of 

18 false or fraudulent identification documents by con19 tract employees on military installations; 

20 (5) impose maximum sanctions, including crimi21 nal prosecution, civil penalties, and debarment 

22 against any employer which willfully or recklessly 

23 violates immigration laws in connection with persons 

24 employed for defense contracts; and 
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1 (6) review and analyze reforms developed pur2 suant to this subsection to identify for purposes of 

3 national implementation those which are most effi4 cient and effective. 

5 (d) REQUIREMENTS FOR CONTRACTING AND PRO6 CUREMENT PROCEDURES.—In developing the pilot and 

7 demonstration program, the Secretary of Defense shall re8 view existing policies, procedures, and practices pertaining 

9 to manner in which it procures and contracts for construc10 tion, renovation, maintenance, and repair services for mili11 tary installations. The Secretary also shall—

12 (1) expand, to the greatest extent practicable, 

13 the use by the Department of Defense of contracting 

14 by competitive proposals, regulated under Part 15 of 

15 the Federal Acquisition Regulation, for construction, 

16 renovation, maintenance, and repair services for 

17 military installations; 

18 (2) identify, develop, and implement reforms in 

19 the competitive proposal contracting process of the 

20 Department of Defense to improve the level of secu21 rity, reliability, and economic efficiency of contrac22 tors and subcontractors used for construction, ren23 ovation, maintenance, and repair services on military 

24 installations, including—
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1 (A) provision in contract solicitations and 

2 request for proposal documents to require sig3 nificant weight or credit be allocated to reliable, 

4 effective workforce security programs offered by 

5 prospective contractors and subcontractors, 

6 which provide security clearance procedures, 

7 background checks, and other measures for con8 tract employees, beyond the minimum security 

9 requirements imposed by the Secretary of De10 fense, which serve to promote security on mili11 tary installations; and 

12 (B) provision in contract solicitations and 

13 request for proposal documents to require sig14 nificant weight or credit be allocated reliable, 

15 effective project staffing plans offered by pro16 spective contractors and subcontractors, which 

17 specify for all contract employees, including 

18 management employees, professionals, and craft 

19 labor personnel, the skills, training, and quali20 fications of such persons and the labor supply 

21 sources and hiring plans or procedures used for 

22 employing such persons; and 

23 (3) review and analyze reforms developed pur24 suant to this subsection to identify for purposes of 
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1 national implementation those which are most effi2 cient and effective. 

3 (e) IMPLEMENTATION.—The Secretary of Defense 

4 shall begin operation of the pilot and demonstration pro5 gram required under this Act not later than 90 days after 

6 the date of the enactment of this Act. 

7 (f) REPORTING REQUIREMENTS.—For purposes of 

8 monitoring and evaluating the progress of the pilot and 

9 demonstration program required under this section, the 

10 Secretary of Defense shall submit to the Committees on 

11 Armed Services of the Senate and House of Representa12 tives—

13 (1) an initial report, not later than 90 days 

14 after operation of the pilot and demonstration pro15 gram begins, setting forth the reforms instituted and 

16 other progress made in the implementation of the 

17 pilot and demonstration program required under this 

18 section; 

19 (2) biannual reports, setting forth in detail the 

20 reforms instituted and other progress made in the 

21 implementation of the program; and 

22 (3) a final report, not later than 2 years after 

23 operation of the pilot and demonstration program 

24 begins, setting forth a review of the pilot and dem-
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1 onstration program and recommendations on pos2 sible nationwide implementation of the program. 

3 (g) DEFINITION.—In this section, the term ‘‘military 

4 installation’’ means a base, camp, post, station, yard, cen5 ter, homeport facility for any ship, or other activity under 

6 the jurisdiction of the Department of Defense, including 

7 any leased facility, which is located within any of the sev8 eral States, the District of Columbia, the Commonwealth 

9 of Puerto Rico, American Samoa, the Virgin Islands, or 

10 Guam. Such term does not include any facility used pri11 marily for civil works, rivers and harbors projects, or flood 

12 control projects.

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