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 REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2385 ......... 5:171w. Jan. 6, 1951, ch. 1213, subch. VII, § 706, 64 Stat. 1236. The words ‘‘No * * * may be’’ are substituted for the words ‘‘None * * * shall be subject to any’’. The words ‘‘by any Act’’ are omitted as surplusage. [§ 2386. Renumbered § 3793] § 2387. Contract working dogs: requirement to transfer animals to 341st Training Squadron after service life (a) IN GENERAL.—Each contract entered into by the Secretary of Defense for the provision of a contract working dog shall require, and shall contain a contract term, that the dog be trans- ferred to the 341st Training Squadron and as- signed for veterinary screening and care in ac- cordance with section 2583 of this title after the service life of the dog has terminated as de- scribed in subsection (b) for reclassification as a military animal and placement for adoption in accordance with such section. (b) SERVICE LIFE.—The service life of a con- tract working dog has terminated and the dog is available for transfer to the 341st Training Squadron pursuant to a contract under sub- section (a) only if the contracting officer con- cerned has determined that— (1) the final contractual obligation of the dog preceding such transfer is with the De- partment of Defense; and (2) the dog cannot be used by another depart- ment or agency of the Federal Government due to age, injury, or performance. (c) CONTRACT WORKING DOG.—In this section, the term ‘‘contract working dog’’ means a dog— (1) that performs a service for the Depart- ment of Defense pursuant to a contract; and (2) that is trained and kenneled by an entity that provides such a dog pursuant to such a contract. (Added Pub. L. 114–328, div. A, title III, § 342(a)(1), Dec. 23, 2016, 130 Stat. 2082, § 2410r; amended Pub. L. 116–92, div. A, title III, § 372(f), Dec. 20, 2019, 133 Stat. 1331; renumbered § 2387, Pub. L. 116–283, div. A, title XVIII, § 1882(b), Jan. 1, 2021, 134 Stat. 4293.) Editorial Notes PRIOR PROVISIONS A prior section 2387, added Pub. L. 85–861, § 1(45), Sept. 2, 1958, 72 Stat. 1458, related to limitation on procure- ment of table and kitchen equipment for officers’ quar- ters, prior to repeal by Pub. L. 114–328, div. A, title VIII, § 833(b)(4)(A), Dec. 23, 2016, 130 Stat. 2285. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2410r of this title as this section. 2019—Subsec. (a). Pub. L. 116–92 inserted ‘‘, and shall contain a contract term,’’ after ‘‘shall require’’ and ‘‘and assigned for veterinary screening and care in ac- cordance with section 2583 of this title’’ after ‘‘341st Training Squadron’’ and substituted ‘‘such section’’ for ‘‘section 2583 of this title’’. Statutory Notes and Related Subsidiaries 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. § 2388. Security clearances for facilities of cer- tain companies (a) AUTHORITY.—If the senior management of- ficial of a covered company does not have a se- curity 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 offi- cer, director, or employee of the company who has a security clearance at the level of the se- curity 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, in- cluding with respect to such facility. (3) The company has certified to the Sec- retary that the senior officer, director, or em- ployee appointed under paragraph (1) has the authority to act on behalf of the company Page 1911 TITLE 10—ARMED FORCES § 2391 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 man- agement official of the company having an ap- propriate 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 Depart- ment, or requires a facility to process classified information. (Added Pub. L. 115–91, div. A, title XVI, § 1621(a), Dec. 12, 2017, 131 Stat. 1732, § 2410s; amended Pub. L. 115–232, div. A, title X, § 1081(a)(23), Aug. 13, 2018, 132 Stat. 1984; renumbered § 2388, Pub. L. 116–283, div. A, title XVIII, § 1882(b), Jan. 1, 2021, 134 Stat. 4293.) 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 sec- tion catchline. Statutory Notes and Related Subsidiaries 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. § 2389. Ensuring safety regarding insensitive mu- nitions The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when sub- ject to unplanned stimuli. (Added Pub. L. 107–107, div. A, title VIII, § 834(a)(1), Dec. 28, 2001, 115 Stat. 1191.) Editorial Notes PRIOR PROVISIONS A prior section 2389, added Pub. L. 89–696, § 1(1), Oct. 19, 1966, 80 Stat. 1056; amended Pub. L. 100–370, § 1(h)(1), July 19, 1988, 102 Stat. 847, related to purchases from Commodity Credit Corporation and price adjustments for contracts for procurement of milk, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 821(a)(4), Nov. 30, 1993, 107 Stat. 1704. Statutory Notes and Related Subsidiaries REPORT REQUIREMENT Pub. L. 107–107, div. A, title VIII, § 834(b), Dec. 28, 2001, 115 Stat. 1191, directed the Secretary of Defense to sub- mit to committees of Congress a report on insensitive munitions at the same time that the budgets for fiscal years 2003 through 2005 were submitted. § 2390. Prohibition on the sale of certain defense articles from the stocks of the Department of Defense (a)(1) Except as provided in subsections (b) and (c), the sale outside the Department of Defense of any defense article designated or otherwise classified as Prepositioned Material Configured to Unit Sets, as decrement stock, or as Prepositioned War Reserve Stocks for United States Forces is prohibited. (2) In this section, the term ‘‘decrement stock’’ means such stock as is needed to bring the armed forces from a peacetime level of read- iness to a combat level of readiness. (b) The President may authorize the sale out- side the Department of Defense of a defense arti- cle described in subsection (a) if— (1) he determines that there is an inter- national crisis affecting the national security of the United States and the sale of such arti- cle is in the best interests of the United States; and (2) he reports to the Congress not later than 60 days after the transfer of such article a plan for the prompt replenishment of the stocks of such article and the planned budget request to begin implementation of that plan. (c)(1) Nothing in this section shall preclude the sale of stocks which have been designated for replacement, substitution, or elimination or which have been designated for sale to provide funds to procure higher priority stocks. (2) Nothing in this section shall preclude the transfer or sale of equipment to other members of the North Atlantic Treaty Organization. (Added Pub. L. 95–485, title VIII, § 815(a), Oct. 20, 1978, 92 Stat. 1625, § 975; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; renumbered § 2390, Pub. L. 101–189, div. A, title XVI, § 1622(b)(1), Nov. 29, 1989, 103 Stat. 1604.) Editorial Notes PRIOR PROVISIONS A prior section 2390, added Pub. L. 95–79, title VIII, § 815(a), July 30, 1977, 91 Stat. 337; amended Pub. L. 96–470, title I, § 104(a), Oct. 19, 1980, 94 Stat. 2238; Pub. L. 96–513, title V, § 511(80), Dec. 12, 1980, 94 Stat. 2927, di- rected Secretary of Defense to request each commis- sioned officer, and each civilian employee above grade GS–12, who was scheduled for retirement and who was or had been at any time within one year prior to such scheduled retirement, assigned to, or employed in, military procurement to submit suggestions for meth- ods to improve procurement policies, prior to repeal by Pub. L. 98–94, title XII, § 1259(a), Sept. 24, 1983, 97 Stat. 703. AMENDMENTS 1989—Pub. L. 101–189 renumbered section 975 of this title as this section. 1987—Subsec. (a)(2). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. § 2391. Military base reuse studies and commu- nity planning assistance (a) REUSE STUDIES.—Whenever the Secretary of Defense or the Secretary of the military de- partment concerned publicly announces that a military installation is a candidate for closure or that a final decision has been made to close