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10 U.S.C. § 2388 — Security clearances for facilities of certain companies

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2388 — 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.

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Stable record: federal_law:legal_authorities:record_usc_a365626746f1a2fb1d9386ce
Source file: Laws/federal/codes/united-states-code/title-10/section-2388-security-clearances-for-facilities-of-certain-companies--556115c163.md
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Passage SHA-256: 054cb92308de562aeb7f99d73c7bfcfdd67b8193f804d325a239266026a94304

Source location: Title 10, Chapter 141, § 2388; chapter-141-miscellaneous-provisions-relating-to-property.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2922 — Liquid fuels and natural gas: contracts for storage, handling, or distribution

**(a) Authority To Contract.—** The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas. **(b) Period of Contract.—** The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the contract for additional periods of not more than 5 years each, but not for more than a total of 30 years. **(c) Option To Purchase Facility.—** A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim), and before approval of title to the underlying land by the Attorney General.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8804 — Use of gasohol in Federal motor vehicles

**(a) Exercise of President’s authority pursuant to executive order respecting use** The President shall, by executive order, require that motor vehicles which are owned or leased by Federal agencies and are capable of operating on gasohol shall use gasohol where available at reasonable prices and in reasonable quantities. **(b) Exceptions** The President may provide for exceptions to the requirement of subsection (a) where necessary, including to protect the national security. **(c) Gasohol requirements** Such executive order shall specify the alcohol-gasoline mixture or mixtures which shall constitute “gasohol” for purposes of such order, as well as specifications for its use.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2388 — Security clearances for facilities of cer-

Page 1910 TITLE 10—ARMED FORCES [§ 2383 95 Stat. 1120; Nov. 5, 1990, Pub. L. 101–510, div. A, title XIV, § 1484(b)(3), (f)(2), (g)(2), (h)(3), 104 Stat. 1716, 1717; Oct. 29, 1992, Pub. L. 102–572, title IX, § 902(b)(1), 106 Stat. 4516, authorized the President, upon declaration of war by Congress or declaration of national emer- gency by the President or by Congress, to prescribe reg- ulations to control excessive profits on defense con- tracts during period of such war or national emergency, prior to repeal by Pub. L. 103–355, title II, § 2102(a), Oct. 13, 1994, 108 Stat. 3309. [§ 2383. Renumbered § 4508] Editorial Notes PRIOR PROVISIONS A prior section 2383, added Pub. L. 100–456, div. A, title VIII, § 805(a)(1), Sept. 29, 1988, 102 Stat. 2010; amended Pub. L. 102–190, div. A, title X, § 1061(a)(13), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103–355, title II, § 2401, Oct. 13, 1994, 108 Stat. 3324, related to quality control in procurement of critical aircraft and ship spare or re- pair parts, prior to repeal by Pub. L. 104–106, div. A, title VIII, § 803(a), Feb. 10, 1996, 110 Stat. 390. Another prior section 2383, act Aug. 10, 1956, ch. 1041, 70A Stat. 137, permitted Secretary of a military depart- ment to make emergency purchases of war material abroad, and provided that such material may be admit- ted free of duty, prior to repeal by Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78. [§ 2384. Renumbered § 4753] [§ 2384a. Renumbered § 3242] § 2385. Arms and ammunition: immunity from taxation No tax on the sale or transfer of firearms, pis- tols, revolvers, shells, or cartridges may be im- posed on such articles when bought with funds appropriated for a military department. (Aug. 10, 1956, ch. 1041, 70A Stat. 137.) HISTORICAL AND RE

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2388

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