- agency
means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation.
- appropriate committees of Congress
means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Relations and the Permanent Select Committee on Intelligence of the House of Representatives.
- appropriate congressional committees
means—
- Armed Forces
means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
- Asian American and Native American Pacific Islander-serving institution
has the meaning given that term in section 1059g(b)(2) of title 20.
- authorized investigative agency
means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information;
- budget
has the meaning given the term “budget of the President” in section 3097 of this title.
- budget of the President
means the budget of the President for a fiscal year as submitted to Congress under section 1105(a) of title 31.
- budget year
means the next fiscal year for which the President is required to submit to Congress a budget pursuant to section 1105 of title 31.
- chief of mission
has the meaning given that term by section 3902(3) of title 22, and includes ambassadors at large and ministers of diplomatic missions of the United States, or persons appointed to lead United States offices abroad designated by the Secretary of State as diplomatic in nature.
- classified information
means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], to require protection against unauthorized disclosure and that is so designated;
- classified intelligence budget justification materials
means, with respect to a fiscal year, the materials submitted to Congress by the Director of National Intelligence in support of the budget for that fiscal year that are classified or otherwise protected from public disclosure.
- climate intelligence indications and warnings
means developments relating to climate security with the potential to—
- climate security
means the effects of climate change on the following:
- commercial provider
means any person that sells, or acts as a broker, for a cyber vulnerability.
- computer
means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.
- congressional intelligence committees
means—
- congressional leadership
means—
- consumer reporting agency
has the meaning given such term in section 1681a of title 15;
- contractor employee
means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element.
- controlled access program
means a program created or managed pursuant to Intelligence Community Directive 906, or successor directive.
- counterintelligence
means information gathered, and activities conducted, to protect against espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- covered closure of a diplomatic or consular post
means the closure of a United States diplomatic or consular post abroad that is anticipated to last for 60 days or more.
- covered country
means—
- covered department
means the Department of Energy, the Department of Homeland Security, the Department of State, or the Department of the Treasury.
- covered document
means any executive order, memorandum, or policy directive issued by the President, including national security Presidential memoranda and Presidential policy directives, or such successor memoranda and directives.
- covered element of the intelligence community
means an element of the intelligence community that is not an element of the Department of Defense.
- covered entity
means any foreign company that either directly or indirectly develops, maintains, owns, operates, brokers, markets, sells, leases, licenses, or otherwise makes available spyware.
- covered foreign country
means the following:
- covered intelligence position
means a position within an element of the intelligence community that, based on the level of access of a person occupying such position to information regarding sensitive intelligence sources or methods or other exceptionally sensitive matters, the head of such element determines should be subject to the requirements of this section.
- covered official
means—
- covered persons
means—
- covered post-service employment
means direct or indirect employment by, representation of, or any provision of advice or services to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country if such employment, representation, or provision of advice or services relates to national security, intelligence, the military, or internal security.
- covered post-service position
means a position of employment described in paragraph (2).
- covered provision
means—
- covered workforce activity
means an activity relating to—
- covert action
means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include—
- covert agent
means—
- critical cost growth threshold
means a percentage increase in the total acquisition cost for a major system of at least 25 percent over the total acquisition cost for the major system as shown in the current Baseline Estimate for the major system.
- current Baseline Estimate
means the projected total acquisition cost of a major system that is—
- cyber vulnerability
means any tool, exploit, vulnerability, or code that is intended to compromise a device, network, or system, including such a tool, exploit, vulnerability, or code procured by the intelligence community for purposes of research and development.
- dedicated personnel
means employees of the intelligence community and private citizens (including former civilian employees of the Federal Government who have been voluntarily separated, and members of the United States Armed Forces who have been honorably discharged, honorably separated, or generally discharged under honorable circumstances and rehired on a voluntary basis specifically to perform the activities authorized under this part).
- designated prohibited foreign country
means the following:
- diplomatic intelligence support center
means an entity to which employees of the various elements of the intelligence community (as defined in section 3003(4) of this title) are detailed for the purpose of providing analytical intelligence support that—
- Director
means the Director of the National Security Agency;
- disclose
means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.
- educational institution
means—
- emerging technology
has the meaning given that term in section 6701 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117–263;
- employee
includes a former employee, if the complaint or information reported under subparagraph (A) arises from or relates to the period during which the former employee was an employee.
- enterprise architecture
has the meaning given that term in section 3601(4) of title 44.
- exempted operational file
means a file of an element of the intelligence community that, in accordance with this subchapter, is exempted from the provisions of section 552 of title 5 that require search, review, publication, or disclosure of such file.
- first assistant to the position of Inspector General
has the meaning given in section 3 of the Inspector General Act of 1978 (5 U.S.C.
- foreign biological threat
means biological warfare, bioterrorism, naturally occurring infectious diseases, or accidental exposures to biological materials, without regard to whether the threat originates from a state actor, a non-state actor, natural conditions, or an undetermined source.
- foreign commercial spyware
means spyware that is developed (solely or in partnership with a foreign company), maintained, sold, leased, licensed, marketed, sourced (in whole or in part), or otherwise provided, either directly or indirectly, by a foreign company.
- foreign company
means a company that is incorporated or domiciled outside of the United States, including any subsidiaries or affiliates wherever such subsidiaries or affiliates are domiciled or incorporated.
- foreign intelligence
means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities.
- foreign malign influence
means any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of, the government of a covered foreign country with the objective of influencing, through overt or covert means—
- former employee
means an individual—
- function
includes functions, powers, and duties.
- fundraising
means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.
- government of a foreign country
has the meaning given the term in section 611(e) of title 22.
- Hispanic-serving institution
has the meaning given that term in section 1101a(a)(5) of title 20.
- historically black college and university
has the meaning given the term “part B institution” in section 1061 of title 20.
- holding company
has the meaning given to such term in section 3401(6) of title 12;
- hoteling
means an alternative work arrangement in which employees of one element of the intelligence community are authorized flexible work arrangements to work part of the time at one or more alternative worksite locations, as appropriately authorized.
- independent cost estimate
means a pragmatic and neutral analysis, assessment, and quantification of all costs and risks associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle, which shall be based on programmatic and technical specifications provided by the office within the element of the intelligence community with primary responsibility for the development, procurement, or operation of the major system.
- informant
means any individual who furnishes information to an intelligence agency in the course of a confidential relationship protecting the identity of such individual from public disclosure.
- institution of higher education
has the meaning given the term in section 1001 of title 20.
- intelligence
includes foreign intelligence and counterintelligence.
- intelligence activities
includes covert actions as defined in section 3093(e) of this title, and includes financial intelligence activities.
- intelligence agency
means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities;
- intelligence community
includes the following:
- intelligence community business system
means an information system, including a national security system, that is operated by, for, or on behalf of an element of the intelligence community, including a financial system, mixed system, financial data feeder system, and the business infrastructure capabilities shared by the systems of the business enterprise architecture, including people, process, and technology, that build upon the core infrastructure used to support business activities, such as acquisition, financial management, logistics, strategic planning and budgeting, installations and environment, and human resource management.
- intelligence community business system transformation
means—
- investigation
means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information.
- investment
includes any activity reviewed, investigated, assessed, or analyzed by the Director pursuant to section 7 or 10(g) of Executive Order 13913, or successor order.
- item of supply
has the meaning given that term in section 4(10) 1 of the Office of Federal Procurement Policy Act (41 U.S.C. 403(10)).
- major contract
means each of the 6 largest prime, associate, or Government-furnished equipment contracts under a major system that is in excess of $40,000,000 and that is not a firm, fixed price contract.
- major system
has the meaning given such term in section 109 of title 41.
- malign foreign influence operations and campaigns
means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.
- Milestone A
has the meaning given that term in section 3103(f) 1 of this title.
- Milestone B
has the meaning given that term in section 3099(e) of this title.
- National Intelligence Council product
includes a National Intelligence Estimate and any other intelligence community assessment that sets forth the judgment of the intelligence community as a whole on a matter covered by such product.
- National Intelligence Program
refers to all programs, projects, and activities of the intelligence community, as well as any other programs of the intelligence community designated jointly by the Director of National Intelligence and the head of a United States department or agency or by the President.
- national security satellite
means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
- national security system
has the meaning given that term in section 3542 1 of title 44.
- non-intelligence community partner
means a Federal department or agency that is not an element of the intelligence community.
- Office
means the Office of the Director of National Intelligence.
- operational files
means— except that files which are the sole repository of disseminated intelligence are not operational files.
- personnel action
means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—
- Predominantly Black Institution
has the meaning given the term in section 1059e of title 20.
- program manager
means—
- significant cost growth threshold
means the percentage increase in the total acquisition cost for a major system of at least 15 percent over the total acquisition cost for such system as shown in the current Baseline Estimate for such system.
- specifically authorized by the Congress
means that—
- spyware
means a tool or set of tools that operate as an end-to-end system of software to provide an unauthorized user remote access to information stored on or transiting through an electronic device connected to the Internet and not owned or operated by the unauthorized user, including end-to-end systems that—
- State
means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States;
- study abroad program
means a program of study that—
- total acquisition cost
means the amount equal to the total cost for development and procurement of, and system-specific construction for, a major system.
- transfer
means—
- transfer date
means the date on which the National Intelligence University is transferred from the Defense Intelligence Agency to the Director of National Intelligence under section 3334a(a) of this title.
- unaccounted for United States personnel
means the following:
- unauthorized disclosure of classified information
means any unauthorized disclosure of classified information to any recipient.
- unauthorized public disclosure of classified information
means the unauthorized disclosure of classified information to a journalist or media organization.
- Unit
means the Intelligence Community Innovation Unit.
- United States
means the several States, the District of Columbia, and the territories and possessions of the United States.
- United States law enforcement agency
means any department or agency of the Federal Government that the Attorney General designates as law enforcement agency for purposes of this section.
- United States person
means the following:
- urgent concern
means any of the following:
- value
means—
- vulnerability assessment
means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.