Sec. 1090. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR CERTAIN MILITARY TRAINING
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## SEC. 1090 ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR CERTAIN MILITARY TRAINING **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** ###
(a)Establishment of Vetting Procedures ####
(1)In general 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 unescorted physical access to Department of Defense installations and facilities within the United States. ####
(2)Criteria for procedures 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 unescorted physical access, biographic checks of the immediate family members of covered individuals, and any other measures that the Secretary of Defense determines appropriate for vetting. ####
(3)Information required The Secretary of Defense shall identify the information required to conduct the vetting under this section. ####
(4)Collection of information The Secretary of Defense shall— #####
(A)collect the information required to vet individuals under the procedures established under this subsection; #####
(B)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 #####
(C)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. ####
(5)Waiver #####
(A)In general The Secretary of Defense, with the concurrence of the Secretary of State, and without delegation, may waive the requirement to vet covered individuals under this section— ######
(i)on a person-by-person basis, if the Secretary of Defense determines that the waiver is in the national security interests of the United States; or ######
(ii)on a country-by-country basis, with respect to foreign nationals or other appropriate persons who hold a security clearance issued by that country, if the Secretary of Defense determines that the vetting procedures of the country are functionally equivalent to the vetting procedures of the United States for United States military personnel. #####
(B)Functional equivalence ######
(i)Definition The Secretary of Defense, acting through the Under Secretary of Defense for Intelligence and Security and in consultation, as appropriate, with the Secretary of State, shall establish and submit to the congressional defense committees a definition of functional equivalence for purposes of making a determination under subparagraph (A)(ii). The Secretary of Defense shall notify the congressional defense committees of any subsequent modification the Secretary makes to the definition. ######
(ii)Assessment The Secretary of Defense shall conduct an assessment of the vetting procedures of a country prior to making a determination of functional equivalence under subparagraph (A)(ii). Such assessment shall take into consideration any information about such procedures provided to the Secretary of Defense by the Secretary of State. #####
(C)Notification requirement The Secretary of Defense shall submit a written notification to the congressional defense committees not later than 48 hours after exercising the waiver authority under subparagraph (A), including a justification for the waiver and an assessment of the vetting procedures of a country, if appropriate. ###
(b)Determination Authority ####
(1)Review of vetting results The Secretary of Defense shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of— #####
(A)reviewing the results of the vetting of a covered individual conducted under subsection (a); and #####
(B)making a recommendation regarding whether such individual should be given unescorted physical access to a Department of Defense installation or facility. ####
(2)Negative recommendation If the recommendation with respect to a covered individual under paragraph (1)(B) is that the individual should not be given unescorted physical access to a Department of Defense installation or facility— #####
(A)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 #####
(B)the Secretary of Defense shall ensure that the Secretary of State is promptly provided with notification of such recommendation. ###
(c)Additional Security Measures ####
(1)Security measures required The Secretary of Defense shall ensure that— #####
(A)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; #####
(B)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; #####
(C)unescorted 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; #####
(D)a policy is in place covering possession of firearms on Department of Defense property by covered individuals; #####
(E)covered individuals who have been granted unescorted physical access to Department of Defense installations and facilities are incorporated into the Insider Threat Program of the Department of Defense; and #####
(F)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, or any successor policy guidance that restricts transporting, possessing, storing, or using personally owned firearms on Department of Defense installations or property. ####
(2)Effective date 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. ####
(3)Notification required 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. ###
(d)Reporting Requirements ####
(1)Report Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the implementation and effects of this section. Such report shall include a description of— #####
(A)any positive or negative effects on the training of foreign military students as a result of this section; #####
(B)the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to members of the Armed Forces and United States persons; #####
(C)any mitigation strategies used to address any negative effects of the implementation of this section; and #####
(D)a proposed plan to mitigate any ongoing negative effects to the vetting and training of foreign military students by the Department of Defense. ####
(2)Report by comptroller general Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees an unclassified report (which may contain a classified annex) on the safety and security of United States personnel and international students assigned to United States military bases participating in programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training), particularly with respect to whether— #####
(A)relevant United States diplomatic and consular personnel properly vet foreign personnel participating in such programs and entering such bases; #####
(B)existing screening protocols with respect to such vetting include counter-terrorism screening and are sufficiently effective at ensuring the safety and security of United States personnel and international students assigned to such bases; and #####
(C)whether existing screening protocols with respect to such vetting are in compliance with applicable requirements of section 362 of title 10, United States Code, and sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d). ###
(e)Definitions In this section: ####
(1)The term “appropriate congressional committees” means— #####
(A)the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and #####
(B)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. ####
(2)The term “**covered individual**”— #####
(A)except as provided in subparagraph (B), means a foreign national or other appropriate person who is— ######
(i)seeking unescorted physical access to a Department of Defense installation or facility within the United States; and ######
(ii)######
(I)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 ######
(II)an immediate family member accompanying a foreign national or other appropriate person who has been so selected, nominated, or accepted for such training or education; and #####
(B)does not include a foreign national or other appropriate person of Australia, Canada, New Zealand, or the United Kingdom who holds a security clearance issued by the country of the foreign national and has provided the Department of Defense a certification of such clearance. ####
(3)The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam. ####
(4)The term “immediate family member” with respect to any individual means a person who— #####
(A)is the parent , step-parent, spouse, sibling, step-sibling, half-sibling, child, or step-child of the individual; and #####
(B)has attained the age of 16 years old at the time that unescorted physical access is to begin. ####
(5)The term “**foreign national**” means a person who is not a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). ####
(6)The term “**other appropriate person**” means a person who is a citizen of both the United States and another country or who is an alien lawfully admitted for permanent residence in the United States, if such person intends to attend training or education on behalf of a foreign country.
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Sec. 1090
ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR CERTAIN MILITARY TRAINING
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