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) in-
troduced 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 con-
tractors and subcontractors.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Base Security 
Act’’.
SEC. 2. PILOT AND DEMONSTRATION PROGRAM FOR MILI-
TARY INSTALLATIONS IN NEW JERSEY. 
(a) PILOT AND DEMONSTRATION PROGRAM.—The 
Secretary of Defense, acting through the Office of the Sec-
retary of Defense, shall develop a pilot and demonstration 
program in the State of New Jersey, and in one or more 
additional States or regions selected by the Secretary, to 
develop and explore policies, procedures, and practices 
that improve the level of security, reliability, quality, and 
economic efficiency of defense contractors and subcontrac-
tors used for construction, renovation, maintenance, and 
repair services on military installations. 
(b) PROGRAM GOALS
AND REQUIREMENTS.—The 
goals and requirements of the pilot and demonstration 
program developed under subsection (a) shall be to iden-
tify, develop, and implement strategies that—
(1) minimize risks to national security caused 
by the employment of illegal or improperly docu-
mented contract workers on military installations; 
(2) ensure that all necessary and reasonable 
precautions are taken by the Department of Defense 
and its contractors and subcontractors to conduct ef-
fective background checks and other appropriate se-
curity clearance procedures of contract employees, 
including management employees, professionals, 
craft labor personnel, and administrative personnel,
to avoid the employment of persons who may pose 
a risk to military installations or otherwise present 
a threat to national security; and 
(3) promote greater contracting opportunities 
for contractors and subcontractors offering effective, 
reliable staffing plans to perform defense contracts 
that ensure all contract personnel employed for such 
projects, including management employees, profes-
sional employees, craft labor personnel, and adminis-
trative personnel, are lawful residents or persons 
properly authorized to be employed in the United 
States and properly qualified to perform services re-
quired under the contract. 
(c) REQUIREMENTS FOR SECURITY PROCEDURES.—
In developing the pilot and demonstration program under 
subsection (a), the Secretary of Defense shall review exist-
ing policies, procedures, and practices pertaining to secu-
rity clearances required for access to military installations, 
including national agency checks, background investiga-
tions and other security clearance procedures. The Sec-
retary also shall—
(1) identify potential weaknesses and areas for 
improvement in existing security policies, proce-
dures, and practices;
(2) develop and implement reforms to strength-
en, upgrade, and improve security clearance policies, 
procedures, and practices of the Department of De-
fense and its contractors and subcontractors; 
(3) 
utilize 
the 
social 
security 
number 
verification service, maintained and operated by the 
Social Security Administration, to review social secu-
rity numbers of employees of contractors and sub-
contractors employed on military installations and 
detect the use of false or fraudulent identification 
documents used by contract employees; 
(4) cooperate with appropriate Federal, State 
and local agencies and authorities, including the Sec-
retary of Homeland Security, the U.S. Attorney for 
New Jersey, the New Jersey Motor Vehicles Com-
mission, and the New Jersey State Police, as well as 
local communities, to detect and prosecute the use of 
false or fraudulent identification documents by con-
tract employees on military installations; 
(5) impose maximum sanctions, including crimi-
nal prosecution, civil penalties, and debarment 
against any employer which willfully or recklessly 
violates immigration laws in connection with persons 
employed for defense contracts; and
(6) review and analyze reforms developed pur-
suant to this subsection to identify for purposes of 
national implementation those which are most effi-
cient and effective. 
(d) REQUIREMENTS FOR CONTRACTING AND PRO-
CUREMENT PROCEDURES.—In developing the pilot and 
demonstration program, the Secretary of Defense shall re-
view existing policies, procedures, and practices pertaining 
to manner in which it procures and contracts for construc-
tion, renovation, maintenance, and repair services for mili-
tary installations. The Secretary also shall—
(1) expand, to the greatest extent practicable, 
the use by the Department of Defense of contracting 
by competitive proposals, regulated under Part 15 of 
the Federal Acquisition Regulation, for construction, 
renovation, maintenance, and repair services for 
military installations; 
(2) identify, develop, and implement reforms in 
the competitive proposal contracting process of the 
Department of Defense to improve the level of secu-
rity, reliability, and economic efficiency of contrac-
tors and subcontractors used for construction, ren-
ovation, maintenance, and repair services on military 
installations, including—
(A) provision in contract solicitations and 
request for proposal documents to require sig-
nificant weight or credit be allocated to reliable, 
effective workforce security programs offered by 
prospective contractors and subcontractors, 
which provide security clearance procedures, 
background checks, and other measures for con-
tract employees, beyond the minimum security 
requirements imposed by the Secretary of De-
fense, which serve to promote security on mili-
tary installations; and 
(B) provision in contract solicitations and 
request for proposal documents to require sig-
nificant weight or credit be allocated reliable, 
effective project staffing plans offered by pro-
spective contractors and subcontractors, which 
specify for all contract employees, including 
management employees, professionals, and craft 
labor personnel, the skills, training, and quali-
fications of such persons and the labor supply 
sources and hiring plans or procedures used for 
employing such persons; and 
(3) review and analyze reforms developed pur-
suant to this subsection to identify for purposes of
national implementation those which are most effi-
cient and effective. 
(e) IMPLEMENTATION.—The Secretary of Defense 
shall begin operation of the pilot and demonstration pro-
gram required under this Act not later than 90 days after 
the date of the enactment of this Act. 
(f) REPORTING REQUIREMENTS.—For purposes of 
monitoring and evaluating the progress of the pilot and 
demonstration program required under this section, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives—
(1) an initial report, not later than 90 days 
after operation of the pilot and demonstration pro-
gram begins, setting forth the reforms instituted and 
other progress made in the implementation of the 
pilot and demonstration program required under this 
section; 
(2) biannual reports, setting forth in detail the 
reforms instituted and other progress made in the 
implementation of the program; and 
(3) a final report, not later than 2 years after 
operation of the pilot and demonstration program 
begins, setting forth a review of the pilot and dem-
onstration program and recommendations on pos-
sible nationwide implementation of the program. 
(g) DEFINITION.—In this section, the term ‘‘military 
installation’’ means a base, camp, post, station, yard, cen-
ter, homeport facility for any ship, or other activity under 
the jurisdiction of the Department of Defense, including 
any leased facility, which is located within any of the sev-
eral States, the District of Columbia, the Commonwealth 
of Puerto Rico, American Samoa, the Virgin Islands, or 
Guam. Such term does not include any facility used pri-
marily for civil works, rivers and harbors projects, or flood 
control projects.
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