10 U.S.C. § 1564b — Security vetting for foreign nationals

(a) Standards and process. (1) Coordinating with the Security Executive Agent established under Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), the Secretary of Defense must develop uniform, consistent standards and a centralized process to screen and vet covered foreign individuals who need access to Department of Defense systems, facilities, personnel, information, or operations. This includes background investigations for covered foreign individuals needing classified information. (2) The Secretary must ensure the standards are consistent with relevant Security Executive Agent directives. (3) The Secretary must designate a Department official responsible for carrying out the centralized process and deciding what to do with information found through it. (b) Other uses. Besides using the process for covered foreign individuals, the Secretary may use it to decide whether to grant a clearance to an individual with significant foreign-influence or foreign-preference issues, following the adjudicative guidelines in part 147 of title 32, Code of Federal Regulations, or a successor regulation. (c) Definition. “Covered foreign individual” means a person who meets both requirements: (1) The person is (A) a foreign-state national; (B) a United States national, as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101), and also a foreign-state national; or (C) an alien lawfully admitted for permanent residence, as defined in that Act. (2) The person is either (A) a civilian Department of Defense employee or Department contractor or (B) a member of the armed forces.