Sec. 1623. DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM
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## SEC. 1623 DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM ###
(a)Addition of Dual-Nationals Subsection
(b)of section 1564a of title 10, United States Code, is amended to read as follows: > > ### “(b) Persons Covered > > Except as provided in subsection (d), the following persons are subject to this section: > > > #### “(1) > > With respect to persons whose duties are described in subsection (c)— > > > ##### “(A) > > military and civilian personnel of the Department of Defense; > > > ##### “(B) > > personnel of defense contractors; > > > ##### “(C) > > persons assigned or detailed to the Department of Defense; and > > > ##### “(D) > > applicants for a position in the Department of Defense. > > > #### “(2) > > A person who is— > > > ##### “(A) > > 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 > > > ##### “(B) > > either— > > > ###### “(i) > > a civilian employee or contractor who requires access to classified information; or > > > ###### “(ii) > > a member of the armed forces who requires access to classified information.” > . ###
(b)Standards for Dual-Nationals Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph: > > ##### “(D) > > With respect to persons described in subsection (b)(2), to assist in assessing any counterintelligence threats identified in an authorized investigation of foreign preference or foreign influence risks, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.” > . ###
(c)Conforming Amendments Such section is further amended— ####
(1)in subsection (c), by striking “in subsection (b)” and inserting “in subsection (b)(1)”; and ####
(2)in subsection (e)(2)(A), by striking “in subsections (b)” and inserting “in subsections (b)(1)”. ###
(d)Rule of Construction **[**[10 U.S.C. 1564a note](/us/usc/t10/s1564a)**]** Nothing in section 1564a of title 10, United States Code, as amended by this section, shall be construed to prohibit the granting of a security clearance to persons described in subsection (b)(2) of such section absent information relevant to the adjudication process, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.
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