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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 2388 Security clearances for facilities of certain companies us united_states_code code_section 10 ARMED FORCES 141 MISCELLANEOUS PROVISIONS RELATING TO PROPERTY 2388 10 U.S.C. § 2388 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s2388 data/legal/raw/us/code/title-10/usc10.xml 92150ffbc6161c6ff8c865fb1592301950cfbfdfe90bb708a75d80d52f0868f0 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 b48ddf725dfbf584b0bfffd8a4d418a3db48b27bc82e603c266b4d460c7fe8e6 2026-07-04 official
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10 U.S.C. § 2388 - Security clearances for facilities of certain companies

Text

(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.

(Added Pub. L. 11591, div. A, title XVI, § 1621(a), Dec. 12, 2017, 131 Stat. 1732, § 2410s; amended Pub. L. 115232, div. A, title X, § 1081(a)(23), Aug. 13, 2018, 132 Stat. 1984; renumbered § 2388, Pub. L. 116283, div. A, title XVIII, § 1882(b), Jan. 1, 2021, 134 Stat. 4293.)

Notes

Editorial Notes

Prior ProvisionsA prior section 2388 was renumbered section 2922 of this title.

Amendments2021—Pub. L. 116283 renumbered section 2410s of this title as this section. 2018—Pub. L. 115232 struck out period at end of section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentAmendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as a note preceding section 3001 of this title.