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Title 10 — Armed Forces

Part II · Chapter 80 — Miscellaneous Investigation Requirements and Other Duties

§ 1564b. Security vetting for foreign nationals

Statutory text

(a)

Standards and Process.—

(1)

The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information.

(2)

The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent.

(3)

The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process.

(b)

Other Uses.—

In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation.

(c)

Covered Foreign Individual Defined.—

In this section, the term “covered foreign individual” means an individual who meets the following criteria:

(1)

The individual is—

(A)

a national of a foreign state;

(B)

a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or

(C)

an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).

(2)

The individual is either—

(A)

a civilian employee of the Department of Defense or a contractor of the Department; or

(B)

a member of the armed forces.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title XVI § 1622(a) · 132 Stat. 1636

    Enacted · 10 U.S.C. § 1564b

    (Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.)

    Source evidence

    Code source credit
    (Added Pub. L. 115–232, div. A, title XVI, § 1622(a), Aug. 13, 2018, 132 Stat. 2117.)

    Enacted provision · exact public law section
    (a) In General.— Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section: “§ 1564b. Security vetting for foreign nationals “(a) Standards and Process.— (1) The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information. “(2) The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent. “(3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process. “(b) Other Uses.— In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation. “(c) Covered Foreign Individual Defined.— In this section, the term ‘covered foreign individual’ means an individual who meets the following criteria: “(1) The individual is— “(A) a national of a foreign state; “(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or “(C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). “(2) The individual is either— “(A) a civilian employee of the Department of Defense or a contractor of the Department; or “(B) a member of the armed forces.” .

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

Executive Order 13467, referred to in subsec. (a)(1), is Ex. Ord. No. 13467, , 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense.

Credits

(Added Pub. L. 115–232, div. A, title XVI, § 1622(a), , 132 Stat. 2117.)

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