I 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 Sec- retary 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Base Access Privileges 4 Improvement Act’’. 5 SEC. 2. IMPROVEMENTS RELATING TO ACCESS TO MILI- 6 TARY INSTALLATIONS IN UNITED STATES. 7 (a) IMPROVEMENTS.— 8 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2886 IH (1) ADDITIONAL CATEGORIES FOR EXPEDITED 1 ACCESS.—Chapter 159 of title 10, United States 2 Code, is amended by adding at the end the following 3 new section (and conforming the table of sections at 4 the beginning of such chapter accordingly): 5 ‘‘§ 2698. Access to military installations: standards for 6 entry to military installations in United 7 States 8 ‘‘(a) ACCESS TO MILITARY INSTALLATIONS IN 9 UNITED STATES.—(1) The Secretary of Defense shall 10 maintain access standards applicable to all military instal- 11 lations in the United States. Such standards shall require 12 screening standards appropriate to the type of installation 13 involved, the security level of the installation, the category 14 of individuals authorized to visit the installation, and the 15 level of access to be granted, including— 16 ‘‘(A) protocols and criteria to determine the fit- 17 ness of the individual to enter an installation; 18 ‘‘(B) standards and methods for verifying the 19 identity of the individual; and 20 ‘‘(C) other factors the Secretary determines ap- 21 propriate. 22 ‘‘(2) In developing the standards under paragraph 23 (1), the Secretary shall, with respect to military installa- 24 tions in the United States— 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2886 IH ‘‘(A) include procedures for recurring 1 unescorted access to facilitate future visits to the in- 2 stallation for individuals who— 3 ‘‘(i) are non-Department of Defense per- 4 sonnel; and 5 ‘‘(ii) are determined to be eligible under 6 such standards; and 7 ‘‘(B) ensure that access for such individuals is 8 based on the use of credentials non-Department of 9 Defense personnel already possess, to the extent 10 practical. 11 ‘‘(3) Upon publication in the Federal Register of final 12 regulations to carry out paragraph (1), the Secretary shall 13 publish the standards set forth therein on a publicly acces- 14 sible Internet website of the Department of Defense. 15 ‘‘(4) In carrying out this subsection, the Secretary 16 shall seek to procure and field existing identification 17 screening technology (including technology to enable the 18 Secretary to validate other Federally recognized access 19 credentials) and develop additional technology only to the 20 extent necessary to assist commanders of military installa- 21 tions in the United States in implementing the standards 22 under paragraph (1) at points of entry for such installa- 23 tions. 24 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2886 IH ‘‘(b) PRE-ARRIVAL REGISTRATION AND SCREENING 1 PROTOCOL FOR ACCESS TO MILITARY INSTALLATIONS IN 2 UNITED STATES.—The Secretary shall ensure that the 3 standards under subsection (a) include a protocol for the 4 voluntary pre-arrival registration and screening of individ- 5 uals anticipating a need for access to a military installa- 6 tion in the United States, to establish the fitness and pur- 7 pose of such individual with respect to such access. Under 8 such protocol— 9 ‘‘(1) such a screening shall occur not less than 10 24 hours, and not more than 14 days, prior to the 11 initial time of such access; and 12 ‘‘(2) if an individual is determined fit to enter 13 the installation for a specified period of time pursu- 14 ant to the pre-arrival registration and screening, ac- 15 cess may only be granted upon arrival at the mili- 16 tary installation during such period of time and for 17 the purpose so established, following a verification of 18 the identity of the individual; 19 ‘‘(c) UNESCORTED ACCESS TO MILITARY INSTALLA- 20 TIONS IN UNITED STATES FOR CERTAIN INDIVIDUALS.— 21 The Secretary shall maintain guidance regarding the 22 granting of unescorted access to military installations in 23 the United States for covered individuals and ensure such 24 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2886 IH guidance is circulated to the commanders of each such 1 military installation. Such guidance shall— 2 ‘‘(1) identify the categories of covered individ- 3 uals that may obtain such unescorted access; 4 ‘‘(2) include a list of credentials that can be 5 used for access to an installation that are, to the ex- 6 tent practical, types of identification non-Depart- 7 ment of Defense personnel already possess; 8 ‘‘(3) be consistent across military installations 9 in the United States; and 10 ‘‘(4) be in accordance with any privileges or 11 benefits accorded under, procedures developed pur- 12 suant to, or requirements of, each covered provision 13 and subsection (a). 14 ‘‘(d) PHYSICAL ENTRANCES TO CERTAIN MILITARY 15 INSTALLATIONS.—The Secretary shall ensure that, to the 16 extent practicable— 17 ‘‘(1) each military installation in the United 18 States has a designated main entrance that, at all 19 times, is manned by at least one member of the 20 Armed Forces or civilian employee of the Depart- 21 ment; 22 ‘‘(2) the location of each such designated main 23 entrance is published on a publicly accessible Inter- 24 net website of the Department; 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2886 IH ‘‘(3) if a military installation in the United 1 States has any additional entrance designated for 2 commercial deliveries to the military installation, the 3 location of such entrance (and any applicable days 4 or hours of operation for such entrance) is published 5 on the same Internet website specified in paragraph 6 (2); and 7 ‘‘(4) the information published on the Internet 8 website specified in paragraph (2) is reviewed and, 9 as necessary, updated on a basis that is not less fre- 10 quent than annually. 11 ‘‘(e) REVIEWS AND SUBMISSION TO CONGRESS.—On 12 a basis that is not less frequent than once every five years, 13 the Secretary shall— 14 ‘‘(1) review the standards and guidance under 15 this section, and make such updates as may be de- 16 termined appropriate by the Secretary; and 17 ‘‘(2) submit to the Committees on Armed Serv- 18 ices of the House of Representatives and the Senate 19 the most recently reviewed and, as applicable, up- 20 dated version of such standards and guidance. 21 ‘‘(f) DEFINITIONS.—In this section: 22 ‘‘(1) The term ‘covered individual’ means, with 23 respect to a military installation in the United 24 States, the following: 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2886 IH ‘‘(A) A member of the armed forces or ci- 1 vilian employee of the Department of Defense, 2 or an employee or family member of such mem- 3 ber or employee, who resides, attends school, re- 4 ceives health care services, or shops at a com- 5 missary or exchange store on the installation. 6 ‘‘(B) A retired member of the armed 7 forces, including the reserve components, or a 8 family member of such retired member, who re- 9 sides, attend schools, receives health care serv- 10 ices, or shops at a commissary or exchange 11 store on the installation. 12 ‘‘(C) An individual performing work at the 13 installation under a contract or subcontract (at 14 any tier), including a military construction 15 project, military family housing project, or a 16 Facilities Sustainment, Restoration, and Mod- 17 ernization project. 18 ‘‘(D) A motor carrier or household goods 19 motor carrier providing transportation services 20 for the United States Transportation Com- 21 mand. 22 ‘‘(E) An official who is employed by an 23 agency of the State in which the installation is 24 located that enforces laws relating to workers’ 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2886 IH compensation or minimum wage with respect to 1 such State and who is seeking such access per- 2 taining to a specific military construction 3 project, military family housing project, or Fa- 4 cilities Sustainment, Restoration, and Mod- 5 ernization project. 6 ‘‘(F) A representative of any labor organi- 7 zation, including a member of any labor man- 8 agement committee described in section 205A 9 of the Labor Management Relations Act, 1947 10 (29 U.S.C. 175a), who is— 11 ‘‘(i) seeking access to an individual 12 performing work at the installation who is 13 a member of such labor organization— 14 ‘‘(I) in connection with a specific 15 military construction project, military 16 family housing project, or Facilities 17 Sustainment, Restoration, and Mod- 18 ernization project; or 19 ‘‘(II) pursuant to a concessions 20 or service contract subject to chapter 21 67 of title 41 (known as the ‘McNa- 22 mara-O’Hara Service Contract Act of 23 1965’); or 24 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2886 IH ‘‘(ii) seeking access to an individual 1 performing work at the installation for the 2 purposes of soliciting such individual to 3 join such labor organization. 4 ‘‘(G) A representative of any labor organi- 5 zation, including a member of any labor man- 6 agement committee described in section 205A 7 of the Labor Management Relations Act, 1947 8 (29 U.S.C. 175a), or a representative of a pro- 9 gram registered under the Act of August 16, 10 1937 (commonly known as the ‘National Ap- 11 prenticeship Act’; 29 U.S.C. 50 et seq.), con- 12 ducting a vocational training, job fair, or simi- 13 lar workforce development event for members of 14 the armed forces or veterans at the installation. 15 ‘‘(2) The term ‘covered provision’ means the 16 following: 17 ‘‘(A) Chapter 54 of this title. 18 ‘‘(B) Section 202 of the REAL ID Act of 19 2005 (Public Law 109–13; 49 U.S.C. 30301 20 note). 21 ‘‘(C) Section 2812 of the National Defense 22 Authorization Act for Fiscal Year 2013 (Public 23 Law 112–239; 126 Stat. 2150; 10 U.S.C. 113 24 note). 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2886 IH ‘‘(D) Sections 346 and 1050 of the Na- 1 tional Defense Authorization Act for Fiscal 2 Year 2017 (Public Law 114–328; 10 U.S.C. 3 113 note). 4 ‘‘(E) Section 626 of the John S. McCain 5 National Defense Authorization Act for Fiscal 6 Year 2019 (Public Law 115–232; 132 Stat. 7 1802; 10 U.S.C. 113 note). 8 ‘‘(F) Section 1090 of the William M. 9 (Mac) Thornberry National Defense Authoriza- 10 tion Act for Fiscal Year 2021 (Public Law 11 116–283; 134 Stat. 3879; 10 U.S.C. 113 note). 12 ‘‘(3) The term ‘Federally recognized access cre- 13 dential’ means a credential authorized by Federal 14 law or otherwise issued by the head of a Federal de- 15 partment or agency that requires the vetting of an 16 individual for access to a facility, area, or program. 17 ‘‘(4) The terms ‘household goods’, ‘household 18 goods motor carrier’, and ‘motor carrier’ have the 19 meanings given those terms in section 13102 of title 20 49. 21 ‘‘(5) The terms ‘labor organization’ and ‘rep- 22 resentative’ have the meanings given those terms in 23 section 2 of the National Labor Relations Act (29 24 U.S.C. 152). 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2886 IH ‘‘(6) The term ‘military installation’ has the 1 meaning given that term in section 2801 of this 2 title. 3 ‘‘(7) The term ‘State’ means any of the several 4 States, the District of Columbia, the Commonwealth 5 of Puerto Rico, Guam, American Samoa, the Virgin 6 Islands of the United States, or the Commonwealth 7 of the Northern Mariana Islands. 8 ‘‘(8) The term ‘United States’ includes each 9 State, as such term is defined in this subsection.’’. 10 (2) DEADLINE FOR FIRST REVIEW AND SUBMIS- 11 SION TO CONGRESS.—Not later than 180 days after 12 the date of the enactment of this Act, the Secretary 13 of Defense shall— 14 (A) conduct the first review of the stand- 15 ards and guidance required under section 2698 16 of title 10, United States Code (as added by 17 paragraph (1)); and 18 (B) submit to the Committees on Armed 19 Services of the House of Representatives and 20 the Senate the reviewed and, as applicable, up- 21 dated version of such standards and guidance. 22 (3) MODIFICATION TO CERTAIN NOTIFICATION 23 REQUIREMENT.—Section 1090(b)(2)(B) of the Wil- 24 liam M. (Mac) Thornberry National Defense Author- 25 VerDate Sep 11 2014 05:54 May 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2886.IH H2886 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2886 IH ization Act for Fiscal Year 2021 (Public Law 116– 1 283; 134 Stat. 3879; 10 U.S.C. 113 note) is amend- 2 ed by striking ‘‘is’’ and inserting ‘‘and, as appro- 3 priate, the Secretary of Homeland Security and the 4 Director of the Federal Bureau of Investigation, 5 are’’. 6 (4) TECHNICAL AND CONFORMING AMEND- 7 MENTS.— 8 (A) REPEAL OF DUPLICATE PROVISION.— 9 Section 1069 of the National Defense Author- 10 ization Act for Fiscal Year 2008 (Public Law 11 110–181; 122 Stat. 326) is repealed. 12 (B) CONFORMING AMENDMENTS TO PRIOR 13 NATIONAL DEFENSE AUTHORIZATION ACT.— 14 Section 1050 of the National Defense Author- 15 ization Act for Fiscal Year 2017 (10 U.S.C. 16 113 note [Text truncated for display. Full text available on Congress.gov.]