- access determination
means the determination regarding whether an employee—
- active measures campaign
means a foreign semi-covert or covert intelligence operation.
- agency
means—
- applicant flow data
means data that tracks the rate of applications for job positions among demographic categories.
- appropriate committees of Congress
means—
- appropriate congressional committees
means the following:
- appropriate industry partner
means a contractor, licensee, or grantee (as defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161 note;
- authorized adjudicative agency
means an agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968.
- authorized disclosure
means a report of any information through, and in compliance with, the mechanism for authorized reporting established pursuant to subsection (a)(1).
- authorized investigative agency
means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investigation or investigation 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.
- biotechnology
means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics.
- Chinese biotechnology supplier
means a supplier of biotechnology that is organized under the laws of, or otherwise subject to the jurisdiction of, the People’s Republic of China.
- Chinese biotechnology supply chain intermediary
means a United States domestic supplier of biotechnology where a controlling interest in the United States domestic supplier is owned by the People’s Republic of China.
- cleared intelligence contractor
means a private entity granted clearance by the Director of National Intelligence or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community.
- congressional defense committees
has the meaning given such term in section 101(a) of title 10.
- congressional intelligence committees
has the meaning given such term in section 3003 of this title.
- congressional leadership
means—
- congressional oversight committees
means—
- continuous vetting
has the meaning given such term in Executive Order No. 13467 (50 U.S.C. 3161 note;
- controlled substance
has the meaning given that term in section 802 of title 21.
- Council
means the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to such Executive order, or any successor entity.
- covered agency
means any element of the intelligence community other than an element within the Department of Defense.
- covered classified material
means any material classified at the Sensitive Compartmented Information (SCI) level.
- covered department or agency
means any department or agency of the Federal Government that carries out a special access program.
- covered device
means any electronic mobile device including smartphones, tablet computing devices, or laptop computing devices, that is issued by an element of the intelligence community for official use.
- covered element
means any element or portion of the Federal Government that is not—
- covered element of the Department of State
means each element of the Department of State that handles, retains, or stores covered classified material.
- covered employee
means an individual who is an employee, assignee, or detailee of an element of the intelligence community.
- covered individual
means a contractor to an element of the intelligence community.
- covered institution
means the following:
- covered institution of higher education
means an institution described in section 1002 of title 20 that receives Federal funds in any amount and for any purpose.
- covered intelligence assistance
has the meaning given that term in section 5703.1
- covered intelligence officer
means—
- covered item of supply
means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
- covered national emergency
means the following:
- covered network
means a network or information system of a cleared intelligence contractor that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection.
- covered person
means—
- covered practice
means any practice that discriminates for or against any person in a manner prohibited by the Constitution of the United States, the Civil Rights Act of 1964 (42 U.S.C. 2000 1 et seq.), or any other Federal law.
- covered procurement
means—
- covered procurement action
means any of the following actions, if the action takes place in the course of conducting a covered procurement:
- covered program
means any special access program or similarly protected program established under the authority of Executive Order 12356 (50 U.S.C. 3161 note;
- covered system
means a national security system, as that term is defined in section 3552 of title 44.
- current investigation file
means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during—
- cyber intrusion
means an electronic occurrence that actually or imminently jeopardizes, without lawful authority, electronic election infrastructure, or the integrity, confidentiality, or availability of information within such infrastructure.
- declassification
means the process by which records or materials that have been classified are determined no longer to require protection from unauthorized disclosure to protect the national security of the United States.
- Department
means the Department of Agriculture.
- dependent of a covered employee
means, with respect to a covered employee, a family member (including a child), as defined by the Director of National Intelligence.
- detail
means, as appropriate in the context in which such term is used—
- diversity
means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories.
- donated historical material
means collections of personal papers donated or given to a Federal Presidential library or other archival repository under a deed of gift or otherwise.
- electronic election infrastructure
means an electronic information system of any of the following that is related to an election for Federal office:
- electronic repository
means the electronic distribution mechanism, in use as of December 20, 2019, or any successor electronic distribution mechanism, by which the Director of National Intelligence submits to the congressional intelligence committees information.
- elements of the intelligence community
means the elements of the intelligence community specified or designated under section 3003(4) of this title.
- eligible candidate
has the meaning given such term by section 3(h)(4) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).
- employee
includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of an agency.
- entertainment industry entity
means an entity that creates, produces, promotes, or distributes a work of entertainment intended to be heard, read, viewed, or otherwise experienced by an audience, including—
- Federal election cycle
means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.
- Federal office
has the meaning given that term in section 30101 of title 52.
- Federal Presidential library
means a library operated and maintained by the United States Government through the National Archives and Records Administration under the applicable provisions of the Federal Records Act of 1950.
- foreign commercial threat
means a rare commercial item or service that is produced by, offered by, sold by, licensed by, or otherwise distributed under the control of a strategic competitor or foreign adversary in a manner that may provide the strategic competitor or foreign adversary leverage over an intended recipient.
- foreign intelligence information
means—
- head of an applicable agency
includes the following:
- highly sensitive program
means—
- intelligence assessment
means an intelligence-related analytical study of a subject of policy significance and does not include building-block papers, research projects, and reference aids.
- intelligence community
has the meaning given such term in section 3003 of this title.
- intelligence estimate
means an appraisal of available intelligence relating to a specific situation or condition with a view to determining the courses of action open to an enemy or potential enemy and the probable order of adoption of such courses of action.
- line organization
means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense.
- machine-generated text
means text generated using machine-learning techniques in order to resemble writing in natural language.
- machine-manipulated media
has the meaning given that term in section 5724.1
- material
means any data, regardless of physical form or characteristic, including written or printed matter, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, engravings, sketches, working notes, papers, reproductions of any such things by any means or process, and sound, voice, magnetic, or electronic recordings.
- National Intelligence Program
has the meaning given the term in section 3003(6) of this title.
- national security
means the national defense or foreign relations of the United States.
- new covered program
means a covered program that has not previously been covered in a notice and justification under this subsection.
- new special access program
means a special access program that has not previously been covered in a notice and justification under this subsection.
- nondisclosure agreement
means any written or oral nondisclosure agreement, order, or other instrumentality or means entered into by an individual that could be interpreted as a legal constraint on the individual making an authorized disclosure.
- Office
means the All-domain Anomaly Resolution Office established pursuant to section 3373(a) of this title.
- other appropriate congressional committees
means—
- over-classification
means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States.
- periodic reinvestigations
means investigations conducted for the purpose of updating a previously completed background investigation—
- personal accounts
means accounts for online and telecommunications services, including telephone, residential internet access, email, text and multimedia messaging, cloud computing, social media, health care, and financial services, used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community.
- personal technology devices
means technology devices used by personnel of the intelligence community outside of the scope of their employment with elements of the intelligence community, including networks to which such devices connect.
- personnel action
has the meaning given such term in section 3234(a) of this title.
- personnel security investigation
means any investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information.
- Phase I joint professional military education
has the meaning given that term pursuant to section 2154 of title 10.
- private-sector organization
means—
- rare commercial item or service
means a good, service, or intellectual property that is not widely available for distribution.
- reciprocity
means reciprocal recognition by Federal departments and agencies of eligibility for access to classified information.
- records of archival value
means records that have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government.
- records or materials of extraordinary public interest
means records or materials that—
- Restricted Data
has the meaning given that term in section 2014 of title 42.
- Secretary
means the Secretary of Agriculture.
- Security Executive Agent
means the officer serving as the Security Executive Agent pursuant to section 3162a of this title.
- security vulnerability
has the meaning given such term in section 650 of title 6.
- sensible classification
means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States.
- sensitive research subject
means a subject of research that is carried out at a covered institution of higher education that receives funds that were appropriated for—
- small business concern
has the meaning given such term in section 3703(e)(2) of title 5.
- special access program
means any program that, under the authority of Executive Order 12356 (or any successor Executive order), is established by the head of a department or agency whom the President has designated in the Federal Register as an original “secret” or “top secret” classification authority that imposes “need-to-know” controls or access controls beyond those controls normally required (by regulations applicable to such department or agency) for access to information classified as “confidential”, “secret”, or “top secret”.
- special search
means the response of the Department of Defense to any of the following:
- State
means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
- Suitability and Credentialing Executive Agent
means the Director of the Office of Personnel Management acting as the Suitability and Credentialing Executive Agent in accordance with Executive Order No. 13467 (50 U.S.C. 3161 note;
- supply chain risk
means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.
- synthetic DNA or RNA
means any nucleic acid sequence that is produced de novo through chemical or enzymatic synthesis.
- transmedium objects or devices
means objects or devices that are—
- unidentified anomalous phenomena
means—
- United States person
has the meaning given the term in section 3039 of this title.
- victim of an anomalous health incident
means a covered employee, covered individual, or dependent of a covered employee, who is, or is suspected to have been, affected by an anomalous health incident.
- Vulnerabilities Equities Policy and Process document
means the executive branch document entitled “Vulnerabilities Equities Policy and Process” dated November 15, 2017.
- Vulnerabilities Equities Process
means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document.
- vulnerability
means a weakness in an information system or its components (for example, system security procedures, hardware design, and internal controls) that could be exploited or could affect confidentiality, integrity, or availability of information.