United States of America: Study of barriers to the hiring of non-citizens by the Department of Defense
Description
President Obama signed into law on December 31, 2011 the "National Defense Authorization Act for Fiscal Year 2012" (H.R.1540). One provision of the bill, as reproduced in full below, provides for a study that could potentially lead to the relaxation or removal of barriers now in place to the hiring of non-citizens by the Department of Defense.
SEC. 905. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NONUNITED STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE VITAL TO THE NATIONAL SECURITY INTERESTS.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall conduct an assessment of current and potential mechanisms to permit the Department of Defense to employ non-United States citizens with critical scientific and technical skills that are vital to the national security interests of the United States.
(b) ELEMENTS.—The assessment required by subsection (a) shall include the following:
(1) An identification of the critical scientific and technical skills that are vital to the national security interests of the United States and are anticipated to be in short supply over the next 10 years, and an identification of the military positions and civilian positions of the Department of Defense that require such skills.
(2) An identification of mechanisms and incentives for attracting persons who are non-United States citizens with such skills to such positions, including the expedited extension of United States citizenship.
(3) An identification and assessment of any concerns associated with the provision of security clearances to such persons.
(4) An identification and assessment of any concerns associated with the employment of such persons in civilian positions in the United States defense industrial base, including in positions in which United States citizenship, a security clearance,
or both are a condition of employment.
(c) REPORTS.—
(1) STATUS REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing the current status of the assessment required by subsection (a).
(2) FINAL REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the assessment.
The report shall set forth the following:
(A) The results of the assessment.
(B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the assessment.
Any Evidence-Based Deliberation:
| Question | Result |
|---|---|
| Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations? | |
| Is there any evidence that alternatives to the proposed measure were considered? | |
| Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government? | |
| Was such evidence identified? | |
| Is such evidence publicly available? | |
| Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives? | |
| Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken? | |
| Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory? | |
| Did the government state its intention to review the measure within one year of implementation? |
Date Discovered:
Implemented: No
Date of inception:
GTA Evaluation: Green
Source:
See the hyperlinked material in the description.
Government Response:
- 188 reads
