§2388 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can grant a security clearance to a facility of a covered company only if four rules are met. The company must appoint a senior officer, director, or employee who already has the same level of clearance the facility needs to act as the facility’s senior management official. Any company senior managers who do not have that clearance must not have access to classified information about the facility, and the company must certify to the Secretary that the appointed cleared person can act for the company on facility matters independently of un‑cleared managers. The facility must meet all other clearance requirements aside from the cleared senior management rule. A covered company is one that has a contract or agreement with the Department of Defense, helps the Department, or needs a facility to handle classified information.

Title 10, §2388

Armed Forces — Source: USLM XML via OLRC

(a)If the senior management official of a covered company does not have a security clearance, the Secretary of Defense may grant a security clearance to a facility of such company only if the following criteria are met:

(1)The company has appointed a senior officer, director, or employee of the company who has a security clearance at the level of the security clearance of the facility to act as the senior management official of the company with respect to such facility.

(2)Any senior management official, senior officer, or director of the company who does not have such a security clearance will not have access to any classified information, including with respect to such facility.

(3)The company has certified to the Secretary that the senior officer, director, or employee appointed under paragraph (1) has the authority to act on behalf of the company with respect to such facility independent of any senior management official, senior officer, or director described in paragraph (2).

(4)The facility meets all of the requirements to be granted a security clearance other than any requirement relating to the senior management official of the company having an appropriate security clearance.

(b)In this section, the term “covered company” means a company that has entered into a contract or agreement with the Department of Defense, assists the Department, or requires a facility to process classified information.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2388 was renumbered section 2922 of this title.

Amendments

2021—Pub. L. 116–283 renumbered section 2410s of this title as this section. 2018—Pub. L. 115–232 struck out period at end of section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

§2388 Security Clearances for Facilities of Certain Companies