§1564b — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make one set of rules and a single, centralized process to screen and vet covered foreign individuals who need access to Defense Department systems, buildings, people, information, or operations. That includes running background checks when they need access to classified information. The rules must follow directions from the Security Executive Agent (created under Executive Order 13467). The Secretary must choose a DoD official to run the process and to decide what to do with any information it finds. The Secretary may also use this same process when deciding whether to give a security clearance to anyone with strong foreign ties or foreign-preference issues, following the adjudicative rules in 32 CFR part 147. "Covered foreign individual" means someone who is (1) a foreign national, (2) a U.S. national who is also a foreign national, or (3) a lawful permanent resident, and who is a DoD civilian employee, a DoD contractor, or a member of the armed forces.

Title 10, §1564b

Armed Forces — Source: USLM XML via OLRC

(a)(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)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)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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