Sec. 1622. Security clearance for dual nationals
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Chapter 80 of title 10, United States Code, is amended by inserting after section 1564a the following new section: In the case of an individual described in paragraph (3), the Secretary of Defense shall develop a process to review foreign preference in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation, before approving a security clearance for such individual. The Secretary shall designate an official of the Department of Defense to be responsible for adjudicating any derogatory information of an individual described in paragraph
(3)concerning foreign preference that is discovered after the security clearance of the individual is approved. An individual described in this paragraph is an individual who is— 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; and either— a civilian employee or contractor who requires access to classified information; or a member of the armed forces who requires access to classified information. In the case of an individual who is a national of the United States and also a national of a foreign state identified under paragraph (2), the Secretary may waive the requirement under subsection (a). The Director of National Intelligence shall identify foreign states that authorize citizens or nationals of the United States to serve in positions of trust equivalent to positions in the United States Government that require access to classified information. . The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1564a the following new item: 1564b. Security clearance for dual nationals. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a briefing on— the process developed under paragraph
(1)of section 1564b(a) of title 10, United States Code, as added by subsection (a); and the official designated under paragraph
(2)of such section 1564b(a). In this subsection, the term appropriate congressional committees means the following: The Committees on Armed Services of the House of Representatives and the Senate. The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
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Sec. 1622
Security clearance for dual nationals
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