---
kind: "section"
citation: "10 U.S.C. § 2388"
title: "10"
title_heading: "Armed Forces"
number: "2388"
heading: "Security clearances for facilities of certain companies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2388"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 141 — Miscellaneous Provisions Relating to Property"
---

# §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](/usc/10/4951.md?p=3) of Defense may grant a security clearance to a [facility](/usc/10/2700.md?p=2) of such company only if the following criteria are met:
  - (1) The company has appointed a senior [officer](/usc/10/101.md?p=b-1), director, or employee of the company who has a security clearance at the level of the security clearance of the [facility](/usc/10/2700.md?p=2) to act as the senior management official of the company with respect to such [facility](/usc/10/2700.md?p=2).
  - (2) Any senior management official, senior [officer](/usc/10/101.md?p=b-1), or director of the company who does not have such a security clearance will not have access to any [classified information](/usc/10/801.md?p=15), including with respect to such [facility](/usc/10/2700.md?p=2).
  - (3) The company has certified to the [Secretary](/usc/10/4951.md?p=3) that the senior [officer](/usc/10/101.md?p=b-1), director, or employee appointed under [paragraph (1)](#a-1) has the authority to act on behalf of the company with respect to such [facility](/usc/10/2700.md?p=2) independent of any senior management official, senior [officer](/usc/10/101.md?p=b-1), or director described in [paragraph (2)](#a-2).
  - (4) The [facility](/usc/10/2700.md?p=2) 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](/usc/10/101.md?p=a-6) of Defense, assists the [Department](/usc/10/101.md?p=a-6), or requires a [facility](/usc/10/2700.md?p=2) to process [classified information](/usc/10/801.md?p=15).

## Source credit

(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.)

## Notes

### 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 section 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.