10 U.S.C. § 1564b: Security vetting for…

Summary

The Secretary of Defense must create one clear set of rules and a single process to screen and vet covered foreign individuals who need access to Department of Defense systems, facilities, people, information, or operations. The Secretary must work with the Security Executive Agent created by Executive Order 13467 and make sure the rules match that agent’s guidance. The Secretary must also pick an official to run the centralized process and decide what to do with any information found during the checks. The same screening process can also be used when deciding security clearances for people with major foreign influence or foreign preference issues, using the adjudicative guidelines in part 147 of title 32, Code of Federal Regulations, or such successor regulation. Covered foreign individual means a person who is either a foreign national, a dual U.S. and foreign national, or a lawful permanent resident, and who is either a Department of Defense civilian or contractor, or a member of the armed forces.

Title 10, §1564b

Armed Forces, Source: USLM XML via OLRC

(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.

Editorial Notes

References in Text

Executive Order 13467, referred to in subsec. (a)(1), is Ex. Ord. No. 13467, June 30, 2008, 73 F.R. 38103, which is set out as a note under section 3161 of Title 50, War and National Defense.

§1564b Security Vetting for Foreign Nationals

Summary

Title 10, §1564b

Notes & Related Subsidiaries

Editorial Notes

References in Text

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