---
kind: "section"
citation: "10 U.S.C. § 1564b"
title: "10"
title_heading: "Armed Forces"
number: "1564b"
heading: "Security vetting for foreign nationals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1564b"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 80 — Miscellaneous Investigation Requirements and Other Duties"
---

# §1564b. Security vetting for foreign nationals

- (a) **Standards and Process.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; [50 U.S.C. 3161](/usc/50/3161.md) note), shall develop uniform and consistent [standards](/usc/10/3011.md?p=3) and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, [facilities](/usc/10/2700.md?p=2), personnel, information, or operations, of the [Department](/usc/10/101.md?p=a-6) of Defense, including with respect to the background investigations of covered foreign individuals requiring access to [classified information](/usc/10/801.md?p=15).
  - (2) The [Secretary](/usc/10/4951.md?p=3) shall ensure that the [standards](/usc/10/3011.md?p=3) developed under [paragraph (1)](#a-1) are consistent with relevant directives of the Security Executive Agent.
  - (3) The [Secretary](/usc/10/4951.md?p=3) shall designate an official of the [Department](/usc/10/101.md?p=a-6) of Defense to be responsible for executing the centralized process developed under [paragraph (1)](#a-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)](#a-1) for covered foreign individuals, the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=4);
    - (B) a national of the [United States](/usc/10/101.md?p=a-1) (as such term is defined in [section 101](/usc/10/101.md) of the Immigration and Nationality Act ([8 U.S.C. 1101](/usc/8/1101.md))) and also a national of a foreign [state](/usc/10/4951.md?p=4); or
    - (C) an [alien](/usc/10/948a.md?p=1) who is lawfully admitted for permanent residence (as such term is defined in [section 101](/usc/10/101.md) of the Immigration and Nationality Act ([8 U.S.C. 1101](/usc/8/1101.md))).
  - (2) The individual is either—
    - (A) a civilian employee of the [Department](/usc/10/101.md?p=a-6) of Defense or a contractor of the [Department](/usc/10/101.md?p=a-6); or
    - (B) a member of the [armed forces](/usc/10/101.md?p=a-4).

## Source credit

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

## Notes

### 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.