r/title-50-WAR-AND-NATIONAL-DEFENSE wiki — defined terms
The statute’s own glossary: every term Title 50 defines, in section order.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional intelligence committees; and (B) the Committees on the Judiciary of the House of Representatives and the Senate.;
“candidate” applies in that section
The terms “candidate” and “Federal office” have the meanings given those terms in section 30101 of title 52 .
“Federal office” applies in that section
The terms “candidate” and “Federal office” have the meanings given those terms in section 30101 of title 52 .
“Armed Forces” applies throughout its subchapter
The term “Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard. (9) The term “United States”, when used in a geographic sense, means all areas under the territorial sovereignty of the United States and the Trust Territory of the Pacific Islands. (10) The term “pattern of activities” requires a series of acts with a common purpose or objective.
“classified information” applies throughout its subchapter
The term “classified information” means information or material designated and clearly marked or clearly represented, pursuant to the provisions of a statute or Executive order (or a regulation or order issued pursuant to a statute or Executive order), as requiring a specific degree of protection against unauthorized disclosure for reasons of national security.
“covert agent” applies throughout its subchapter
The term “covert agent” means— (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency whose identity as such an officer, employee, or member is classified information; or (B) a United States citizen whose intelligence relationship to the United States is classified information, and— (i) who acts as an agent of, or informant or source of operational assistance to, an intelligence agency, or (ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; …
“disclose” applies throughout its subchapter
The term “disclose” means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available.;
“employee” applies throughout its subchapter
The terms “officer” and “employee” have the meanings given such terms by section 2104 and 2105, respectively, of title 5.;
“informant” applies throughout its subchapter
The term “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.;
“intelligence agency” applies throughout its subchapter
The term “intelligence agency” means the elements of the intelligence community, as that term is defined in section 3003(4) of this title .;
“officer” applies throughout its subchapter
The terms “officer” and “employee” have the meanings given such terms by section 2104 and 2105, respectively, of title 5.;
“operational files” applies in that section
the term “operational files” means— (1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; (2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and (3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that …
“operational files” applies in that section
the term “operational files” means files of the National Geospatial-Intelligence Agency (hereafter in this section referred to as “NGA”) concerning the activities of NGA that before the establishment of NGA were performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems. (B) Files which are the sole repository of disseminated intelligence are not operational files.
“operational files” applies in that section
the term “operational files” means files of the National Reconnaissance Office (hereafter in this section referred to as “NRO”) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems. (B) Files which are the sole repository of disseminated intelligence are not operational files.
“operational files” applies in that section
the term “operational files” means— (A) files of the Signals Intelligence Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems; and (B) files of the Research Associate Directorate of the National Security Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems.
“exempted operational file” applies in that section
The term “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. (2) Except as otherwise specifically provided,
“Office” applies in that section
the term “Office” means the Office of the Director of National Intelligence.
“agent of a foreign power” applies throughout its subchapter
the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title;
“authorized investigative agency” applies throughout its subchapter
the term “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;
“classified information” applies throughout its subchapter
the term “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;
“computer” applies throughout its subchapter
the term “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.
“consumer reporting agency” applies throughout its subchapter
the term “consumer reporting agency” has the meaning given such term in section 1681a of title 15 ;
“employee” applies throughout its subchapter
the term “employee” includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President;
“financial agency” applies throughout its subchapter
the terms “financial agency” and “financial institution” have the meanings given to such terms in section 5312(a) of title 31 and
“financial institution” applies throughout its subchapter
the terms “financial agency” and “financial institution” have the meanings given to such terms in section 5312(a) of title 31 and
“foreign power” applies throughout its subchapter
the terms “foreign power” and “agent of a foreign power” have the same meanings as set forth in subsections (a) and (b) of section 1801, respectively, of this title;
“holding company” applies throughout its subchapter
the term “holding company” has the meaning given to such term in section 3401(6) of title 12 ;
“State” applies throughout its subchapter
the term “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; and;
“covered element of the intelligence community” applies throughout its part
The term “covered element of the intelligence community” means an agency, office, bureau, or element referred to in subparagraphs (B) through (L) of section 3003(4) of this title .;
“dedicated personnel” applies throughout its part
The term “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).
“educational institution” applies throughout its part
The term “educational institution” means— (A) a local educational agency (as that term is defined in section 7801 of title 20 ); (B) an institution of higher education (as defined in section 1002 of title 20 , other than institutions referred to in subsection (a)(1)(C) of such section); or (C) any other nonprofit institution that provides instruction of foreign languages in languages that are critical to the capability of the intelligence community to carry out national security activities of the United States.;
“Asian American and Native American Pacific Islander-serving institution” applies in that section
The term “Asian American and Native American Pacific Islander-serving institution” has the meaning given that term in section 1059g(b)(2) of title 20 . (7) Study abroad program .—
“Director” applies in that section
The term “Director” means the Director of National Intelligence. (2) Historically black college and university .—
“Hispanic-serving institution” applies in that section
The term “Hispanic-serving institution” has the meaning given that term in section 1101a(a)(5) of title 20 . (6) Asian american and native american pacific islander-serving institution .—
“historically black college and university” applies in that section
The term “historically black college and university” has the meaning given the term “part B institution” in section 1061 of title 20 .;
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given the term in section 1001 of title 20 . (4) Predominantly black institution .—
“Predominantly Black Institution” applies in that section
The term “Predominantly Black Institution” has the meaning given the term in section 1059e of title 20 . (5) Hispanic-serving institution .—
“study abroad program” applies in that section
The term “study abroad program” means a program of study that— (A) takes place outside the geographical boundaries of the United States; (B) focuses on areas of the world that are critical to the national security interests of the United States and are generally underrepresented in study abroad programs at institutions of higher education, including Africa, Asia, Central and Eastern Europe, Eurasia, Latin America, and the Middle East; and (C) is a credit or noncredit program.
“covered workforce activity” applies in that section
the term “covered workforce activity” means an activity relating to— (1) recruitment or retention of the intelligence community workforce; or (2) diversity, equality, inclusion, or accessibility, with respect to such workforce.
“transfer date” applies throughout its part
the term “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 .
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives.
“covered entity” applies in that section
The term “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. (3) Foreign commercial spyware
“foreign commercial spyware” applies in that section
The term “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. (4) Foreign company
“foreign company” applies in that section
The term “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. (5) Spyware
“spyware” applies in that section
The term “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— (A) allow an unauthorized user to remotely infect electronic devices with malicious software, including without any action required by the user of the device; (B) can record telecommunications or other audio captured on a device not owned by the unauthorized user; (C) undertake geolocation, collect cell site location information, or otherwise track the location of a device …
“agency” applies in that section
The term “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. (2) Covered intelligence community element
“contractor employee” applies in that section
The term “contractor employee” means an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of a covered intelligence community element. (b) Agency employees Any employee of a covered intelligence community element or an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee of a covered intelligence community element as a reprisal for— (1) any lawful disclosure of information by the employee to the Director of National Intelligence (or an employee …
“covered intelligence community element” applies in that section
The term “covered intelligence community element”— (A) means— (i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and (ii) any executive agency or unit thereof determined by the President under section 2302(a)(2)(C)(ii) of title 5 to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and (B) does not include the Federal Bureau of Investigation. (3) Personnel action
“personnel action” applies in that section
The term “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— (A) an appointment; (B) a promotion; (C) a disciplinary or corrective action; (D) a detail, transfer, or reassignment; (E) a demotion, suspension, or termination; (F) a reinstatement or restoration; (G) a performance evaluation; (H) a decision concerning pay, benefits, or awards; (I) a decision concerning education or training if such education or training may reasonably be expected to lead to an …
“covered official” applies in that section
The term “covered official” means— (A) the heads of each element of the intelligence community; and (B) the inspectors general with oversight responsibility for an element of the intelligence community. (2) Investigation
“investigation” applies in that section
The term “investigation” means any inquiry, whether formal or informal, into the existence of an unauthorized public disclosure of classified information. (3) Unauthorized disclosure of classified information
“unauthorized disclosure of classified information” applies in that section
The term “unauthorized disclosure of classified information” means any unauthorized disclosure of classified information to any recipient. (4) Unauthorized public disclosure of classified information
“unauthorized public disclosure of classified information” applies in that section
The term “unauthorized public disclosure of classified information” means the unauthorized disclosure of classified information to a journalist or media organization. (b) Intelligence community reporting (1) In general Not less frequently than once every 6 months, each covered official shall submit to the congressional intelligence committees a report on investigations of unauthorized public disclosures of classified information. (2) Elements Each report submitted under paragraph (1) shall include, with respect to the preceding 6-month period, the following: (A) The number of investigations opened by the covered official regarding an unauthorized public disclosure of classified information.
“covered element of the intelligence community” applies in that section
The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense. (2) National security satellite
“national security satellite” applies in that section
The term “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. (3) United States
“United States” applies in that section
The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States. (b) Requirement Beginning January 1, 2021 , except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
“covered country” applies in that section
The term “covered country” means— (A) China; (B) Iran; (C) North Korea; (D) Russia; and (E) any other foreign country— (i) from which the Director of National Intelligence determines a biological threat emanates; or (ii) that the Director determines has a known history of, or has been assessed as having conditions present for, infectious disease outbreaks or epidemics. (2) Foreign biological threat
“foreign biological threat” applies in that section
The term “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. (3) Foreign malign influence
“foreign malign influence” applies in that section
The term “foreign malign influence” has the meaning given such term in section 3059(e) 1 of this title. (4) Non-intelligence community partner
“non-intelligence community partner” applies in that section
The term “non-intelligence community partner” means a Federal department or agency that is not an element of the intelligence community.
“commercial provider” applies in that section
The term “commercial provider” means any person that sells, or acts as a broker, for a cyber vulnerability. (2) Cyber vulnerability
“cyber vulnerability” applies in that section
The term “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.
“intelligence community” applies in that section
the term “intelligence community” has the same meaning given that term in section 3003(4) of this title .
“National Intelligence Program” applies in that section
the term “National Intelligence Program” has the meaning given the term in section 3003(6) of this title .
“intelligence assessment” applies in that section
The term “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. (3) Intelligence estimate
“intelligence community” applies in that section
The term “intelligence community” has the meaning given the term in section 3003(4) of this title . (2) Intelligence assessment
“intelligence estimate” applies in that section
The term “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.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (1) the congressional defense committees; and (2) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
“head of an applicable agency” applies in that section
the term “head of an applicable agency” includes the following: (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense.
“appropriate committees of Congress” applies in that section
the term “appropriate committees of Congress” means— (1) the congressional intelligence committees; (2) the Committee on Appropriations and the Committee on Armed Services of the Senate; and (3) the Committee on Appropriations and the Committee on Armed Services of the House of Representatives. (b) Report Not later than 120 days after May 5, 2017 , and annually thereafter, the Director of the National Security Agency, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress a report on national security systems.
“electronic repository” applies in that section
The term “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. (2) Policy The term “policy”, with respect to the intelligence community, includes unclassified or classified— (A) directives, policy guidance, and policy memoranda of the intelligence community; (B) executive correspondence of the Director of National Intelligence; and (C) any equivalent successor policy instruments.
“Vulnerabilities Equities Policy and Process document” applies in that section
The term “Vulnerabilities Equities Policy and Process document” means the executive branch document entitled “Vulnerabilities Equities Policy and Process” dated November 15, 2017 . (2) Vulnerabilities Equities Process
“Vulnerabilities Equities Process” applies in that section
The term “Vulnerabilities Equities Process” means the interagency review of vulnerabilities, pursuant to the Vulnerabilities Equities Policy and Process document or any successor document. (3) Vulnerability
“vulnerability” applies in that section
The term “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.
“covered national emergency” applies in that section
the term “covered national emergency” means the following: (1) A major disaster declared by the President under section 5170 of title 42 . (2) An emergency declared by the President under section 5191 of title 42 . (3) A national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.). (4) A public health emergency declared under section 247d of title 42 .
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (1) the congressional intelligence committees; and (2) the Committees on Armed Services of the House of Representatives and the Senate.
“intelligence community” applies in that section
the term “intelligence community” has the meaning given that term in section 3003(4) of this title .
“intelligence community” applies in that section
the term “intelligence community” has the meaning given that term in section 3003(4) of this title .
“cleared intelligence contractor” applies in that section
The term “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. (2) Covered network
“covered network” applies in that section
The term “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. (g) Savings clauses Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data.
“engagement” applies in that section
The term “engagement”— (A) means any significant interaction between an element of the intelligence community and an entertainment industry entity for the purposes of contributing to an entertainment product intended to be heard, read, viewed, or otherwise experienced by the public; and (B) does not include routine inquiries made by the press or news media to the public affairs office of an intelligence community. (2) Entertainment industry entity
“entertainment industry entity” applies in that section
The term “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— (A) theater productions, motion pictures, radio broadcasts, television broadcasts, podcasts, webcasts, other sound or visual recording, music, or dance; (B) books and other published material; and (C) such other entertainment activity, as determined by the Director of National Intelligence.
“detail” applies in that section
The term “detail” means, as appropriate in the context in which such term is used— (A) the assignment or loan of an employee of an element of the intelligence community to a private-sector organization without a change of position from the intelligence community element that employs the individual; or (B) the assignment or loan of an employee of a private-sector organization to an element of the intelligence community without a change of position from the private-sector organization that employs the individual. (2) Private-sector organization
“private-sector organization” applies in that section
The term “private-sector organization” means— (A) a for-profit organization; or (B) a not-for-profit organization. (3) Small business concern
“small business concern” applies in that section
The term “small business concern” has the meaning given such term in section 3703(e)(2) of title 5 .
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional intelligence committees; and (B) the Committees on Armed Services of the Senate and House of Representatives. (2) Phase I joint professional military education
“Phase I joint professional military education” applies in that section
The term “Phase I joint professional military education” has the meaning given that term pursuant to section 2154 of title 10 .
“applicant flow data” applies in that section
The term “applicant flow data” means data that tracks the rate of applications for job positions among demographic categories. (2) Appropriate congressional committees
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (3) Diversity
“diversity” applies in that section
The term “diversity” means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories.
“covered practice” applies in that section
the term “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.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional intelligence committees; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Homeland Security of the House of Representatives. (2) Covered intelligence assistance
“covered intelligence assistance” applies in that section
The term “covered intelligence assistance” has the meaning given that term in section 5703. 1
“personal accounts” applies in that section
The term “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. (2) Personal technology devices
“personal technology devices” applies in that section
The term “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. (b) Requirement to provide cyber protection support (1) In general Subject to a determination by the Director of National Intelligence, the Director shall offer cyber protection support for the personal technology devices and personal accounts of the personnel described in paragraph (2) and shall provide such support to any such personnel who request.
“covered agency” applies in that section
The term “covered agency” means any element of the intelligence community other than an element within the Department of Defense. (2) Covered item of supply
“covered item of supply” applies in that section
The term “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. (3) Covered procurement
“covered procurement” applies in that section
The term “covered procurement” means— (A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 3306(a)(3)(B) of title 41 , or an evaluation factor, as provided in section 3306(b)(1) of such title, relating to supply chain risk; (B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41 , where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or (C) any contract action involving a contract for a covered system or …
“covered procurement action” applies in that section
The term “covered procurement action” means any of the following actions, if the action takes place in the course of conducting a covered procurement: (A) The exclusion of a source that fails to meet qualifications standards established in accordance with the requirements of section 3311 of title 41 for the purpose of reducing supply chain risk in the acquisition of covered systems. (B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
“covered system” applies in that section
The term “covered system” means a national security system, as that term is defined in section 3552 of title 44 . (6) Supply chain risk
“supply chain risk” applies in that section
The term “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.
“biotechnology” applies in that section
The term “biotechnology” means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics. (2) Chinese biotechnology supplier
“Chinese biotechnology supplier” applies in that section
The term “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. (3) Chinese biotechnology supply chain intermediary
“Chinese biotechnology supply chain intermediary” applies in that section
The term “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. (4) Synthetic DNA or RNA
“synthetic DNA or RNA” applies in that section
The term “synthetic DNA or RNA” means any nucleic acid sequence that is produced de novo through chemical or enzymatic synthesis.
“covered intelligence officer” applies in that section
the term “covered intelligence officer” means— (1) a United States intelligence officer serving in a post in a foreign country; or (2) a known or suspected foreign intelligence officer serving in a United States post. (b) Requirement for reports Not later than 72 hours after a covered intelligence officer is designated as a persona non grata, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the congressional intelligence committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification of that designation.
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means— (A) the congressional intelligence committees; and (B) the Committees on Armed Services of the House of Representatives and the Senate. (2) Covered employee
“covered employee” applies in that section
The term “covered employee” means an individual who is an employee, assignee, or detailee of an element of the intelligence community. (3) Covered individual
“covered individual” applies in that section
The term “covered individual” means a contractor to an element of the intelligence community. (4) Dependent of a covered employee
“dependent of a covered employee” applies in that section
The term “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. (5) Victim of an anomalous health incident
“victim of an anomalous health incident” applies in that section
The term “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.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the congressional intelligence committees; (B) the Committee on Armed Services of the Senate; (C) the Subcommittee on Defense of the Committee on Appropriations of the Senate; (D) the Committee on Armed Services of the House of Representatives; and (E) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Workforce climate survey
“workforce climate survey” applies in that section
The term “workforce climate survey”— (A) means a workforce engagement or climate survey conducted at the agency, directorate, career field, or integrated intelligence center level, without regard to whether the survey is conducted on an annual or ad-hoc basis; and (B) does not include an exit survey specified in subsection (c).
“covered institution” applies in that section
the term “covered institution” means the following: (1) A part B institution (as defined in section 1061 of title 20 ). (2) An institution of higher education (as defined in section 1001 of title 20 ) not covered by paragraph (1) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering, as determined by the Director of National Intelligence.
“6G technology” applies in that section
the term “6G technology” means hardware, software, or other technologies relating to sixth-generation wireless networks.
“access determination” applies in that section
The term “access determination” means the determination regarding whether an employee— (A) is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto; and (B) possesses a need to know under such an Order.
“agency” applies in that section
The term “agency” means— (A) an executive agency (as that term is defined in section 105 of title 5 ); (B) a military department (as that term is defined in section 102 of title 5 ); or (C) an element of the intelligence community.;
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House of Representatives; and (B) the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate. (9) Access determination .—
“authorized adjudicative agency” applies in that section
The term “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 investigative agency” applies in that section
The term “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.;
“current investigation file” applies in that section
The term “current investigation file” means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during— (A) the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive program; (B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and (C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.;
“employee” applies in that section
the term “employee” includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of an agency. With respect to such employees, the term “employing agency” shall be deemed to be the contracting agency.
“highly sensitive program” applies in that section
The term “highly sensitive program” means— (A) a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or (B) a government program that applies restrictions required for— (i) restricted data (as that term is defined in section 2014(y) of title 42 ); or (ii) other information commonly referred to as “sensitive compartmented information”.;
“periodic reinvestigations” applies in that section
The term “periodic reinvestigations” means investigations conducted for the purpose of updating a previously completed background investigation— (A) every 5 years in the case of a top secret clearance or access to a highly sensitive program; (B) every 10 years in the case of a secret clearance; or (C) every 15 years in the case of a Confidential Clearance.;
“personnel security investigation” applies in that section
The term “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.;
“eligible candidate” applies in that section
the term “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). (2) In general Each eligible candidate for President may submit, before the date of the general election, requests for security clearances for prospective transition team members who will have a need for access to classified information to carry out their responsibilities as members of the President-elect’s transition team.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means, with respect to a report submitted under subparagraph (A) by the head of a Federal agency— (I) the congressional defense committees; (II) the congressional intelligence committees; (III) the Committee on Homeland Security and Governmental Affairs of the Senate; (IV) the Committee on Oversight and Government Reform of the House of Representatives; and (V) each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency. (ii) Congressional defense committees
“congressional defense committees” applies in that section
The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10 . (iii) Congressional intelligence committees
“congressional intelligence committees” applies in that section
The term “congressional intelligence committees” has the meaning given that term in section 3003 of this title . (d) Adjudicative guidelines (1) Requirement to establish The President shall establish adjudicative guidelines for determining eligibility for access to classified information. (2) Requirements related to mental health The guidelines required by paragraph (1) shall— (A) include procedures and standards under which a covered person is determined to be mentally incompetent and provide a means to appeal such a determination; and (B) require that no negative inference concerning the standards in the guidelines may be raised solely on the basis of seeking mental health counseling.
“controlled substance” applies in that section
The term “controlled substance” has the meaning given that term in section 802 of title 21 . (2) Covered person
“covered person” applies in that section
The term “covered person” means— (A) an officer or employee of a Federal agency; (B) a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and (C) an officer or employee of a contractor of a Federal agency. (3) Restricted Data
“Restricted Data” applies in that section
The term “Restricted Data” has the meaning given that term in section 2014 of title 42 . (4) Special access program
“special access program” applies in that section
The term “special access program” has the meaning given that term in section 4.1 of Executive Order No. 12958 (60 Fed. Reg. 19825). (b) Prohibition After January 1, 2008 , the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 802(1) of title 21 ).
“over-classification” applies in that section
The term “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. (2) Sensible classification
“sensible classification” applies in that section
The term “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. (b) Training required Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to hold employees accountable for over-classification and to promote sensible classification.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means the following: (A) The Select Committee on Intelligence and the Committee on Foreign Relations of the Senate. (B) The Permanent Select Committee on Intelligence and the Committee on International Relations of the House of Representatives.;
“covered classified material” applies in that section
The term “covered classified material” means any material classified at the Sensitive Compartmented Information (SCI) level.;
“covered element of the Department of State” applies in that section
The term “covered element of the Department of State” means each element of the Department of State that handles, retains, or stores covered classified material.;
“material” applies in that section
The term “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.
“special search” applies in that section
the term “special search” means the response of the Department of Defense to any of the following: (1) A statutory requirement to conduct a declassification review on a specified set of agency records. (2) An Executive order to conduct a declassification review on a specified set of agency records. (3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a specified set of agency records.
“congressional oversight committees” applies in that section
The term “congressional oversight committees” means— (A) congressional leadership and authorizing and appropriations congressional committees with jurisdiction or shared jurisdiction over a department or agency; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Oversight and Government Reform of the House of Representatives. (2) Covered department or agency (A) Except as provided in subparagraph (B),
“covered department or agency” applies in that section
the term “covered department or agency” means any department or agency of the Federal Government that carries out a special access program. (B) Such term does not include— (i) the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10 ); (ii) the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title ); or (iii) an agency in the Intelligence Community (as defined in section 3003(4) of this title ). (3) Special access program
“new special access program” applies in that section
the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection. (c) Revision in classification of programs (1) Whenever a change in the classification of a special access program of a covered department or agency is planned to be made or whenever classified information concerning a special access program of a covered department or agency is to be declassified and made public, the head of the department or agency shall submit to the congressional oversight committees a report containing a description of the proposed change or the information to be declassified, the reasons for the proposed change …
“special access program” applies in that section
The term “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”.
“congressional leadership” applies in that section
The term “congressional leadership” means— (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Covered program
“covered element” applies in that section
The term “covered element” means any element or portion of the Federal Government that is not— (A) a covered department or agency as defined in section 3348(g) of this title ; (B) the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10 ); (C) the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title ); or (D) an element of the intelligence community (as defined in section 3003 of this title ). (2) Congressional leadership
“covered program” applies in that section
The term “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; relating to prescribing a uniform system for classifying, declassifying, and safeguarding national security information), or any successor Executive order, or any similar sensitive program established anywhere in the Federal Government, including one established at the direction of the President.
“new covered program” applies in that section
the term “new covered program” means a covered program that has not previously been covered in a notice and justification under this subsection. (c) Revision in classification of programs (1) In general Whenever a change in the classification of a covered program of a covered element is planned to be made or whenever classified information concerning a covered program of a covered element is to be declassified and made public, the head of the covered element shall submit to congressional leadership a report containing a description of the proposed change or the information to be declassified, the reasons for the proposed change or declassification, and notice of any public announcement …
“appropriate industry partner” applies in that section
The term “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; relating to National Industrial Security Program), as in effect on the day before December 20, 2019 ) that is participating in the National Industrial Security Program established by such Executive Order.
“Security Executive Agent” applies in that section
The term “Security Executive Agent” means the officer serving as the Security Executive Agent pursuant to section 3162a of this title . (2) Appropriate industry partner