What happens if a “controlling” officer cannot be cleared in connection with the FCL?
The facility is not eligible for a FCL. The National Industrial Security Program Operating Manual (NISPOM) has provisions for “excluding” certain KMP (but not the senior management official or FSO), if they are unable to obtain a clearance. Under this provision there must be a resolution by the company’s executive body (e.g., Board of Directors) that the named individual will not be provided any classified information, can be effectively excluded from access to all classified information, and is not in a position to adversely affect the performance of the classified contract. Alternatively, the officer can officially step down from his or her title as an officer/director and relinquish control of the facility.
