Sec. 1758. Establishment of vetting procedures and monitoring requirements for certain military training
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/bill/116/hr/6395/rh/section-1758A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish procedures to vet covered individuals for eligibility for physical access to Department of Defense installations and facilities within the United States. The procedures established under paragraph
(1)shall include biographic and biometric screening of covered individuals, continuous review of whether covered individuals should continue to be authorized for physical access, biographic checks of the immediate family members of covered individuals, and any other measures that the Secretary determines appropriate for vetting. The Secretary shall— collect the information required to vet individuals under the procedures established under this subsection; as required for the effective implementation of this section, seek to enter into agreements with the relevant departments and agencies of the United States to facilitate the sharing of information in the possession of such departments and agencies concerning covered individuals; and ensure that the initial vetting of covered individuals is conducted as early and promptly as practicable, to minimize disruptions to United States programs to train foreign military students. The Secretary shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of— reviewing the results of the vetting of a covered individual conducted under subsection (a); and making a recommendation regarding whether such individual should be given physical access to a Department of Defense installation or facility. If the recommendation with respect to a covered individual under paragraph (1)(B) is that the individual should not be given physical access to a Department of Defense installation or facility— such individual may only be given such access if such access is authorized by the Secretary of Defense or the Deputy Secretary of Defense; and the Secretary of Defense shall ensure that the Secretary of State is promptly provided with notification of such recommendation. The Secretary of Defense shall ensure that— all Department of Defense common access cards issued to foreign nationals in the United States comply with the credentialing standards issued by the Office of Personnel Management; all such common access cards issued to foreign nationals in the United States include a visual indicator as required by the standard developed by the Department of Commerce National Institute of Standards and Technology; physical access by covered individuals is limited, as appropriate, to those Department of Defense installations or facilities within the United States directly associated with the training or education or necessary for such individuals to access authorized benefits; a policy is in place covering possession of firearms on Department of Defense property by covered individuals; covered individuals who have been granted physical access to Department of Defense installations and facilities are incorporated into the Insider Threat Program of the Department of Defense; and covered individuals are prohibited from transporting, possessing, storing, or using personally owned firearms on Department of Defense installations or property consistent with the Secretary of Defense policy memorandum dated January 16, 2020. The security measures required under paragraph
(1)shall take effect on the date that is 181 days after the date of the enactment of this Act. Upon the establishment of the security measures required under paragraph (1), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of the establishment of such security measures. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representative a briefing on the establishment of any policy or guidance related to the implementation of this section. Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to such committees a report on the implementation and effects of this section. Such report shall include a description of— any positive or negative effects on the training of foreign military students as a result of this section; the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to members of the Armed Forces and United States persons; any mitigation strategies used to address any negative effects of the implementation of this section; and a proposed plan to mitigate any ongoing negative effects to the vetting and training of foreign military students by the Department of Defense. In this section: The term covered individual means any foreign national (except foreign nationals of Australia, Canada, New Zealand, and the United Kingdom who have been granted a security clearance that is reciprocally accepted by the United States for access to classified information) who— is seeking physical access to a Department of Defense installation or facility within the United States; and is— selected, nominated, or accepted for training or education for a period of more than 14 days occurring on a Department of Defense installation or facility within the United States; or an immediate family member accompanying any foreign national who has been selected, nominated, or accepted for such training or education. The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam. The term immediate family member with respect to any individual means the parent, step-parent, sibling, step-sibling, half-sibling, child, or step-child of the individual.