10 U.S.C. § 2388: Security clearances for…

Summary

The Secretary of Defense can give a security clearance to a company facility even if the company's top manager does not have one. That can only happen if four things are true: the company names a senior officer, director, or employee who does have the same clearance level to act as the facility's top manager; any other top managers without clearance get no access to classified information; the company certifies that the appointed person can act for the company at the facility on their own; and the facility meets all other clearance rules. Covered company: a company that has a Department of Defense contract, helps the Department, or needs a site to handle classified information.

Title 10, §2388

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

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)Covered Company.—

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