§ 2388. Security clearances for facilities of certain companies

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title XVI § 1621(a) · 131 Stat. 1283

   Enacted · 10 U.S.C. § 2388

   Added Pub. L. 115–91, div. A, title XVI, § 1621(a), Dec. 12, 2017, 131 Stat. 1732, § 2410s

   Source evidence

   Code source credit
   Added Pub. L. 115–91, div. A, title XVI, § 1621(a), Dec. 12, 2017, 131 Stat. 1732, § 2410s

   Enacted provision · exact public law section
   (a) In General.— Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2410s. Security clearances for facilities of certain companies. “(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.” .

2. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title X § 1081(a)(23) · 132 Stat. 1636

   Struck · 10 U.S.C. § 2388

   Pub. L. 115–232 struck out period at end of section catchline

   Source evidence

   Code amendment note
   Pub. L. 115–232 struck out period at end of section catchline.

   Enacted provision · exact public law section
   (23) The heading of section 2410s is amended by striking the period at the end.

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1882(b) · 134 Stat. 3388

   Changed · 10 U.S.C. § 2388

   Pub. L. 116–283 renumbered section 2410s of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2410s of this title as this section.

   Enacted provision · exact public law section
   (b) Consolidation of Remaining Sections of Chapter 141.— Sections 2410r and 2410s of such title are transferred within chapter 141 of such title to appear (in that order) before section 2389 and are redesignated as sections 2387 and 2388, respectively.

   Effective date note
   Amendment 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.

3 of 3 references resolved to an enrolled provision