IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
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Inception date: No inception date

Labour market access

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.
 
 

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