Base Access Privileges Improvement Act

“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 and criteria to determine the fitness of the individual to enter an installation;

“(B) standards and methods for verifying the identity of the individual; and

“(C) other factors the Secretary determines appropriate.

“(2) In developing the standards under paragraph (1), the Secretary shall, with respect to military installations in the United States—

“(A) include procedures for recurring unescorted access to facilitate future visits to the installation for individuals who—

“(i) are non-Department of Defense personnel; and

“(ii) are determined to be eligible under such standards; and

“(B) ensure that access for such individuals is based on the use of credentials non-Department of Defense personnel already possess, to the extent practical.

“(3) Upon publication in the Federal Register of final regulations to carry out paragraph (1), the Secretary shall publish the standards 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) Pre-Arrival registration and screening protocol for access to military installations in United States—The Secretary shall ensure that the standards under subsection (a) include a protocol for the voluntary pre-arrival registration and screening of individuals anticipating a need for access to a military installation in the United States, to establish the fitness and purpose of such individual with respect to such access. Under such protocol—

“(1) such a screening shall occur not less than 24 hours, and not more than 14 days, prior to the initial time of such access; and

“(2) if an individual is determined fit to enter the installation for a specified period of time pursuant to the pre-arrival registration and screening, access may only be granted upon arrival at the military installation during such period of time and for the purpose so established, following a verification of the identity of the individual;

“(c) Unescorted access to military installations in United States for certain individuals—The Secretary shall maintain guidance regarding the granting of unescorted access to military installations in the United States for covered individuals and ensure such guidance is circulated to the commanders of each such military installation. Such guidance shall—

“(1) identify the categories of covered individuals that may obtain such unescorted access;

“(2) include a list of credentials that can be used for access to an installation that are, to the extent practical, types of identification non-Department of Defense personnel already possess;

“(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) 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.

“(e) 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.

“(f) Definitions—In this section:

“(1) 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) An individual 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, 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 an individual 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 an individual performing work at the installation for the purposes of soliciting such individual to join such labor organization.

“(G) A representative of any labor organization, 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.

“(2) 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).

“(3) 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.

“(4) The terms “household goods”, “household goods motor carrier”, and “motor carrier” have the meanings given those terms in section 13102 of title 49.

“(5) 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).

“(6) The term “military installation” has the meaning given that term in section 2801 of this title.

“(7) 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.

“(8) The term “United States” includes each State, as such term is defined in this subsection.”