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Any policy guidance/regs/laws on when the Govt can or cannot require contractor employees to be U.S. Citizens?

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I am looking for general background re: when the Govt can or cannot require contractor employees to be U.S. citizens. Citations to the FAR/DFARS etc would be most helpful.

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Isn't this something you can research yourself?

All I have found so far on my own is a West Group Briefing Papers article from 2000, "Foreign Nationals in U.S. Technology Programs: Complying with Immigration, Export Control, Industrial Security & Other Requirements," and of course the press articles on the new e-Verify system that went into effect earlier this year. So I'm still looking for more information.

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I have seen instances where the government did not allow foreign nationals access to facilities and systems because of security concerns.

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In Italy we use this regulation: "ARMY in EUROPE (AE) Regulation 190-16, Installation Access Control". I hope this may help you.

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I am looking for general background re: when the Govt can or cannot require contractor employees to be U.S. citizens. Citations to the FAR/DFARS etc would be most helpful.

I did a google search using the USC and citizenship, this is what I found:

How do you get a security clearance?

There are three main phases to receiving a security clearance:

The first phase is the application process. This involves verification of U.S. citizenship, fingerprinting and completion of the Personnel Security Questionnaire (SF-86).

The second phase involves the actual investigation of your background. Most of the background check is conducted by the Defense Security Service (DSS).

The final phase is the adjudication phase. The results from the investigative phase are reviewed. The information that has been gathered is evaluated based on thirteen factors determined by the Department of Defense (DoD). Some examples of areas they consider are; allegiance to the United States, criminal and personal conduct, and substance abuse or mental disorders. Clearance is granted or denied following this evaluation process.

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I did a google search using the USC and citizenship, this is what I found:

How do you get a security clearance?

That's true if the contractor employee(s) requires a security clearance. The National Industrial Security Program Operating Manual (NISPOM) requires that an individual be a US citizen in order to be granted a security clearance. But govt2310 didn't mention that the contractor employees require a security clearance.

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This (to me) brings FAR 22.18 into question. I have heard that President Obama has delayed implementation of e-verify again, but it has been added to the FAR. If that is in effect, would that address your question?

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This (to me) brings FAR 22.18 into question. I have heard that President Obama has delayed implementation of e-verify again, but it has been added to the FAR. If that is in effect, would that address your question?

I don't think FAR 22.18 places any restrictions on hiring non-US citizens. It will require contractors to verify employment eligibility of their workers, but legal immigrants (non-US citizens) are typically authorized to work in the U.S. All E-Verify will do is help ensure illegal immigrants aren't hired.

It would seem to me there are no across the board restrictions on contractors hiring non-US citizens as long as they are authorized to work in the U.S., and they don't require a security clearance. I have dealt with contracts in the past however that only allowed U.S. citizens to be employed on the contract, and any exception had to be approved by the Contracting Officer. But that was language specifically placed in those contracts.

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Guest Vern Edwards
This (to me) brings FAR 22.18 into question. I have heard that President Obama has delayed implementation of e-verify again, but it has been added to the FAR. If that is in effect, would that address your question?

Implementation of E-verify has been delayed until September 8, 2009. See 74 FR 26981, June 5, 2009.

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I am looking for general background re: when the Govt can or cannot require contractor employees to be U.S. citizens. Citations to the FAR/DFARS etc would be most helpful.

It has been a while since I worked on any of their projects but the State Department's embassy contracts used to contain requirements that specific members of the contractor's staff be U.S. Citizens. Don't remember the authority for such requirement, but you could search in that direction.

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