Base Access Privileges Improvement Act
Bill: H.R.8158 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Armed Forces and National Security

Summary:
Base Access Privileges Improvement Act
This bill requires the Department of Defense (DOD) to maintain access standards applicable to all military installations in the United States that include specified screening requirements. The bill also requires DOD to address its policies and procedures for physical entrances to certain military installations, access cards, unescorted access for certain civilians, and protocol for certain deliveries.

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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