Federal

Defense Access Roads Improvement Act

Source: Congress.gov · 1,051 words in original text

What This Bill Does

This bill creates a system for states and local governments to request that the Secretary of Defense (the head of the Department of Defense) officially recognize certain roads as important to national defense. The bill also requires the Department of Defense to publish information about which roads have been certified as defense access roads and report on any roads that military commanders have recommended for certification.

Who It Affects

States, counties and municipalities. The Secretary of Defense. Military installation commanders (people who lead military bases). The public (who can access information about certified roads on a federal website).

Key Provisions

• By October 1, 2024, the Secretary of Defense must create a formal system that allows states, counties and municipalities to request that roads be certified as defense access roads and must respond in writing to each request. (Sec. 2(d)) • The Secretary of Defense must maintain and regularly update a public website listing all roads certified as important to national defense, including the closest military installation to each road, the certification date, and any years when the President requested or Congress approved funding for that road. (Sec. 2(e)) • One year after this bill becomes law, the Secretary of Defense must submit a report to Congress that identifies any roads that military installation commanders or military department secretaries have recommended for certification as defense access roads since April 1, 2009. (Sec. 3) • The bill expands which types of locations can be connected by defense access roads to include military installations and commercial shipyards (facilities where ships are built or repaired). (Sec. 4)

What Changes

If this bill becomes law, states and local governments gain an official way to ask the federal government to recognize roads as important to defense. The public will be able to see a government website showing which roads have been certified and why. Military leaders will have a way to formally recommend roads for certification through the Secretary of Defense.

Important Definitions

"State" means any of the 50 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands. (Sec. 2(d)(2)) "Military installation" has the meaning given in section 2801 of title 10, United States Code. The bill does not provide the specific definition of this term.

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 664 To require certain reports relating to defense access roads, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 31, 2023 Mr. GARAMENDI introduced the following bill; which was referred to the Com- mittee on Armed Services, and in addition to the Committee on Trans- portation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require certain reports relating to defense access roads, 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 ‘‘Defense Access Roads 4 Improvement Act’’. 5 VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 664 IH SEC. 2. DEFENSE ACCESS ROAD PROGRAM ENHANCE- 1 MENTS TO ADDRESS TRANSPORTATION IN- 2 FRASTRUCTURE IN VICINITY OF MILITARY 3 INSTALLATIONS. 4 Section 2816 of the National Defense Authorization 5 Act for Fiscal Year 2012 (Public Law 112–81) is amend- 6 ed— 7 (1) in subsection (b)— 8 (A) in paragraph (1), by striking ‘‘this 9 Act’’ and inserting ‘‘the Defense Access Roads 10 Improvement Act’’; and 11 (B) in paragraph (2), by striking ‘‘this 12 Act’’ and inserting ‘‘the Defense Access Roads 13 Improvement Act’’; and 14 (2) by adding at the end the following new sub- 15 sections: 16 ‘‘(d) PETITION FOR CERTIFICATION OF ROADS AS 17 DEFENSE ACCESS ROADS.— 18 ‘‘(1) IN GENERAL.—Not later than October 1, 19 2024, the Secretary of Defense shall establish a for- 20 mal mechanism under which— 21 ‘‘(A) a State, county, or municipality may 22 petition the Secretary to certify roads as de- 23 fense access roads under section 210 of title 23, 24 United States Code; and 25 VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 664 IH ‘‘(B) the Secretary shall respond, in writ- 1 ing, to any such petition. 2 ‘‘(2) STATE DEFINED.—In this subsection, the 3 term ‘State’ means any of the several States, the 4 District of Columbia, American Samoa, Guam, the 5 Commonwealth of the Northern Mariana Islands, 6 the Commonwealth of Puerto Rico, and the United 7 States Virgin Islands. 8 ‘‘(e) PUBLIC AVAILABILITY OF INFORMATION.—The 9 Secretary of Defense shall maintain and update regularly 10 on an appropriate website of the Federal Government, a 11 list of all roads certified as important to the national de- 12 fense by the Secretary or by such other official as the 13 President may designate. Such website shall include, for 14 each such road, each of the following: 15 ‘‘(1) The military installation (as such term is 16 defined in section 2687(g)(1) of title 10, United 17 States Code) that is in closest proximity to the road. 18 ‘‘(2) The date on which the road was so cer- 19 tified. 20 ‘‘(3) Any fiscal year for which the President 21 transmitted to Congress under section 1105 of title 22 31, United States Code, a budget request that in- 23 cluded an amount for such road. 24 VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 664 IH ‘‘(4) Any fiscal year for which Congress appro- 1 priated an amount for such road. 2 ‘‘(f) TREATMENT OF CLASSIFIED INFORMATION.— 3 Nothing in subsection (d) or (e) shall be construed as a 4 requirement for the Secretary of Defense to make publicly 5 available any classified information.’’. 6 SEC. 3. REPORT ON DEFENSE ACCESS ROADS. 7 Section 2814(b) of the Duncan Hunter National De- 8 fense Authorization Act for Fiscal Year 2009 (Public Law 9 110–417) is amended— 10 (1) by striking ‘‘April 1, 2009’’ and inserting 11 ‘‘one year after the date of the enactment of the De- 12 fense Access Roads Improvement Act’’; and 13 (2) by inserting before the period at the end the 14 following: ‘‘and name any road that the commander 15 of a military installation (as such term is defined in 16 section 2687(g)(1) of title 10, United States Code) 17 or the Secretary of a military department has rec- 18 ommended that the Secretary of Defense certify as 19 a defense access road during the period beginning on 20 April 1, 2009, and ending on the date of the enact- 21 ment of the Defense Roads Improvement Act’’. 22 VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 664 IH SEC. 4. IMPROVEMENT OF DEFENSE ACCESS ROADS PRO- 1 GRAM. 2 Section 210 of title 23, United States Code, is 3 amended— 4 (1) in subsection (a)(1)— 5 (A) in subparagraph (A)— 6 (i) in clause (i), by inserting ‘‘or mili- 7 tary installations’’ after ‘‘reservations’’; 8 and 9 (ii) in clause (iii), by inserting ‘‘or 10 commercial shipyards’’ after ‘‘sea ports’’; 11 (B) in subparagraph (C)— 12 (i) in clause (i), by inserting ‘‘or mili- 13 tary installations’’ after ‘‘reservations’’; 14 and 15 (ii) in clause (ii), by inserting ‘‘or 16 commercial shipyards’’ after ‘‘sea ports’’; 17 (2) in subsection (f), by striking ‘‘section 112’’ 18 and inserting ‘‘sections 112, 113, and 313’’; 19 (3) in subsection (i), by inserting ‘‘, or commer- 20 cial shipyard’’ after ‘‘sea port’’; and 21 (4) by adding at the end the following new sub- 22 section: 23 ‘‘(j) MILITARY INSTALLATION DEFINED.—In this 24 section, the term ‘military installation’ has the meaning 25 VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 664 IH given that term in section 2801 of title 10, United States 1 Code.’’. 2 Æ VerDate Sep 11 2014 01:16 Feb 25, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H664.IH H664 pbinns on DSKJLVW7X2PROD with $$_JOB

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