Base Access Privileges Improvement Act

Bill: 117-hr-8158
Sponsor: full_name: Rep. Garamendi, John [D-CA-3]
Introduced: 2022-06-21
Policy area: Armed Forces and National Security
Latest action: action_date: 2022-06-21
text: Referred to the House Committee on Armed Services.

Summaries:
action_date: 2022-06-21
action_desc: Introduced in House
text: <p><b>Base Access Privileges Improvement Act</b></p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 8158 IN THE HOUSE OF REPRESENTATIVES June 21, 2022 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.

1. Short title This Act may be cited as the Base Access Privileges Improvement Act . 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): 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’). .