10 U.S.C. § 2388
Section 2388 · Renumbered 2922]
Amended 3 times on record
Applied in 4 court decisions — leading case New England Tank Industries of New Hampshire, Inc. v. United States (1988)
Most recently applied in United States v. 14.87 Acre of Land, More or Less (August 1992)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Renumbering of Section
Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1882(b), Jan. 1, 2021, 134 Stat. 4151, 4293, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, section 2410s of this title is renumbered as this section. See Effective Date of 2021 Amendment note below.
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.
Effective Date of 2021 Amendment
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.