Secure United States Bases Act
This bill revises requirements related to U.S.-based foreign military training programs.
Specifically, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6392 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6392
To modify the conditions and terms of all foreign military training
programs operated within the United States by the Department of Defense
and the Department of State.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 25, 2020
Mr. Waltz (for himself and Mr. Gaetz) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Armed Services, 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 modify the conditions and terms of all foreign military training
programs operated within the United States by the Department of Defense
and the Department of State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure United States Bases Act''.
SEC. 2. NEW VISA CATEGORY.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (T)(ii)(III), by striking the period at
the end and inserting a semicolon;
(2) in subparagraph (U)(iii), by striking ``or'' at the
end;
(3) in subparagraph (V)(ii)(II), by striking the period at
the end and inserting ``; or''; and
(4) by adding at the end the following:
``(W) subject to section 214(s), an alien who has been
accepted into a United States Government military training
program in the United States.''.
SEC. 3. APPLICATION, VETTING, AND MONITORING REQUIREMENTS FOR MILITARY
TRAINING NONIMMIGRANTS.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the following:
``(s) Military Training Visa.--
``(1) In general.--A nonimmigrant visa may only be issued
to an alien described in section 101(a)(15)(W) in accordance
with this subsection.
``(2) Application requirements and vetting procedures.--
``(A) In general.--Not later than 60 days before an
alien described in section 101(a)(15)(W) intends to
travel to the United States to commence a military
training program operated by the Department of Defense
or the Department of State, including the International
Military Education and Training Program, the alien
shall--
``(i) submit an application to the United
States embassy or United States consulate in
his or her country of nationality that
includes--
``(I) an official endorsement
letter that has been signed by the
Intelligence Chief of the government of
such country; and
``(II) his or her permanent
physical address in such country;
``(ii) have his or her fingerprints and
other appropriate biometric information
collected and recorded by an authorized United
States official or designee;
``(iii) participate in an in-person
interview at a United States embassy or
consulate; and
``(iv) successfully pass a background check
that includes--
``(I) a search of all available
United States and international
terrorist screening databases;
``(II) a review of the foreign
national's social media accounts to
identify any connections to persons or
groups that are hostile to or have
threatened the United States; and
``(III) a review of the foreign
national's family members and any known
associates to identify any connections
to persons or groups that are hostile
to or have threatened the United
States, including the social media
accounts of such family members and
associates.
``(B) Vetting oversight.--
``(i) In general.--The vetting procedures
described in subparagraph (A) shall be overseen
by representatives of the Director of National
Intelligence, in consultation with appropriate
representatives of the Department of Defense,
the Department of State, the Department of
Homeland Security, and the Department of
Justice.
``(ii) Final decision.--The Director of
National Intelligence shall make the final
decision whether to authorize an applicant who
has completed the vetting procedures described
in subparagraph (A) to participate in a
military training program referred to in such
subparagraph. No official of the department
responsible for implementing the training
program is authorized to make this decision. A
final decision may not rely solely upon the
endorsement of the alien's government.
``(3) Visa issuance; terms.--
``(A) In general.--A visa may not be issued under
this subsection until after the Director of National
Intelligence has made the final vetting decision in
accordance with paragraph (2)(B)(ii).
``(B) Renewal.--Each visa issued under this
subsection shall be valid for a period of up to 1 year,
but may be renewed by submitting a written
certification from the Director of National
Intelligence that the alien remains eligible and
qualified, pursuant to the considerations guiding the
final decision provided for in paragraph (2)(B)(ii), to
complete the military training program to which he or
she was accepted.
``(C) Terms.--An alien to whom a visa is issued
under this subsection--
``(i) shall be prohibited from possessing,
acquiring, or using firearms except to the
extent that such use is required to participate
in the alien's military training program;
``(ii) shall have his or her personally
identifying information included in the
National Instant Criminal Background Check
System to enforce the prohibition described in
clause (i);
``(iii) shall be subject to continuous
monitoring of--
``(I) his or her social media
activity, personal associations, and
travel; and
``(II) to the fullest degree
possible, the social media of his or
her family members and any known close
associates;
``(iv) shall be subject to, and shall
comply with the authority of, the Commander of
the United States military installation at
which he or she is stationed for training, who
shall be responsible for the continual
monitoring and control of the alien; and
``(v) shall remain in good standing in the
military training program to which he or she
was accepted, as determined by attendance,
participation, and the performance metrics
specific to such program.
``(4) Reimbursement for vetting and monitoring costs.--
Costs incurred by the United States Government that are
directly associated with the vetting procedures required under
paragraph (2) or the monitoring required under paragraph (3)(C)
shall be reimbursed by the government of the country of which
the alien being vetted or monitored is a national. The tuition
payments charged by the Department of Defense or the Department
of State to foreign countries for the education and training of
their nationals may be appropriately adjusted to account for
such costs.''.
(b) Transition Period.--
(1) In general.--The admissions requirements described in
section 214(s) of the Immigration and Nationality Act, as added
by subsection (a), including the requirement for military
training visas and the continuous monitoring of the visa
holder's social media, personal associations, and travel, shall
be applied retroactively for all foreign military students
participating in a military training program in the United
States as of the date of the enactment of this Act. All of the
vetting procedures described in section 214(s)(2) of such Act
shall be completed not later than 120 days after the date of
the enactment of this Act.
(2) Exception.--The retroactive admissions requirements
referred to in paragraph (1) shall not apply to--
(A) aliens who are nationals of any country that is
a member of the North Atlantic Treaty Organization;
(B) aliens who are nationals of Israel; or
(C) aliens who are receiving military training
outside of the United States.
SEC. 4. DIFFERENTIATING MILITARY TRAINING PROGRAMS BASED ON TYPOLOGY OF
RISK.
(a) In General.--In determining who should be accepted in military
training programs operated in the United States by the Department of
Defense, the Secretary of Defense, in consultation with the Secretary
of State, shall develop a method for classifying the relative risk, by
country, of accepting foreign military personnel into such programs.
The risk level of an applicant's country of nationality shall be
considered by the Secretary when making such determinations.
(b) Positive Risk Factors.--In classifying countries based on
relative risks under subsection (a), an applicant shall be more likely
to be accepted into a military training program in the United States if
the country of his or her nationality--
(1) has a formal military alliance with the United States;
or
(2) has a long history of close cooperation with the United
States Armed Forces that--
(A) has created strong relationships of trust; and
(B) has demonstrated its ability to vet their own
applicants for military training programs in the United
States.
(c) Negative Risk Factors.--In classifying countries based on
relative risks under subsection (a), an applicant shall be less likely
to be accepted into a military training program in the United States
if--
(1) the country of his or her nationality--
(A) has not closely cooperated with the United
States Armed Forces; or
(B) has not demonstrated its ability to vet their
own applicants for military training programs in the
United States procedures; or
(2) hosting applicants from the country of his or her
nationality has a high potential to put American communities
and military families at risk.
(d) Alternative Military Training Programs.--If the Secretary of
Defense determines, in accordance with this section, that applicants
from specified countries present too high of a risk for acceptance into
a military training program in the United States and issued a military
training visa under section 214(s) of the Immigration and Nationality
Act, as added by section 3(a), the Secretary of State shall provide, to
the fullest extent possible, an equivalent military training program
for such applicants in the country of the applicant's nationality or in
a third country--
(1) to provide such applicants with military training,
consistent with United States national interests; and
(2) to build camaraderie between such applicants and
members of the United States Armed Forces.
SEC. 5. REPORTING REQUIREMENT.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Defense shall provide Congress with a briefing,
report, or update regarding the impact and effects of this Act, which
shall address--
(1) the positive or negative effects on the International
Military Education and Training Program;
(2) any positive or negative impacts on the training of
foreign military students in line with national security
priorities;
(3) the effectiveness of the vetting procedures implemented
in preventing harm to United States military personnel or
communities;
(4) how any of the negative impacts referred to in
paragraphs (1) and (2) have been mitigated; and
(5) a proposed plan to mitigate any ongoing negative
impacts to the vetting and training of foreign military
students.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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.
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