Base Access Privileges Improvement Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2886 Introduced in House (IH)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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