Sec. 1046. VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR ALLIES AND PARTNERS PARTICIPATING IN EDUCATION OR TRAINING ACTIVITIES IN THE UNITED STATES

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## SEC. 1046 VETTING PROCEDURES AND MONITORING REQUIREMENTS FOR ALLIES AND PARTNERS PARTICIPATING IN EDUCATION OR TRAINING ACTIVITIES IN THE UNITED STATES ###

(a)Waiver by Secretary of Defense Subsection

(a)of section 1090 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note) is amended by adding at the end the following new paragraph: > > #### “(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)Type of Access Covered Subsections

(a)through

(c)of such section 1090 are further amended by striking “physical access” each place it appears and inserting “unescorted physical access”. ###

(c)Definitions ####

(1)Covered individual Subsection (e)(2) of such section is amended to read as follows: > > #### “(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.” > . ####

(2)Immediate family member Subsection (e)(4) of such section is amended— #####

(A)by striking “ means the parent ” and inserting the following: > “means a person who— > > > ##### “(A) > > is the parent” > ; #####

(B)in subparagraph (A), as designated by subparagraph

(A)of this paragraph, by striking the period and inserting “; and”; and #####

(C)by adding at the end the following new subparagraph: > > ##### “(B) > > has attained the age of 16 years old at the time that unescorted physical access is to begin.” > . ####

(3)Foreign national; other appropriate person Section 1090(e) of such Act is amended by adding at the end the following new paragraphs: > > #### “(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.” > . ###

(d)Clarifying Amendment Such section is further amended by striking “Secretary” each place it appears and inserting “Secretary of Defense” in the following provisions: ####

(1)Paragraphs (2), (3), and

(4)of subsection (a). ####

(2)Paragraph

(1)of subsection

(b)in the matter preceding subparagraph (A).

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