§ 117.53 - Definitions.

§ 117.53 Definitions.

Unless otherwise noted, these terms and their definitions are for the purposes of this part only.

Access. As defined in DoD 5220.22-M.

Affiliate. As defined in DoD 5220.22-M.

Board resolution. A formal, written decision of a company's board of directors, used to draw attention to a single act or board decision, e.g., to approve or adopt a change to a set of rules, a new program or contract.

Carve-out. As defined in DoD Directive 5205.07, “Special Access Program (SAP) Policy,” (available at http://www.dtic.mil/whs/directives/corres/pdf/520507p.pdf).

Classified contract. As defined in DoD 5220.22-M.

Classified information. As defined in Joint Publication 1-02 “DoD Dictionary of Military and Associated Terms” (available at http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf).

Company. As defined in DoD 5220.22-M.

Components. DoD Components and non-DoD Components for which DoD provides industrial security services in accordance with E.O. 12829.

COMSEC. As defined in Joint Publication 6-0, “Joint Communication System” (available at http://www.dtic.mil/doctrine/new_pubs/jp6_0.pdf).

Contractor. As defined in DoD 5220.22-M.

Counterintelligence. As defined in Joint Publication 1-02.

Covered transaction. As defined in DoD Instruction 2000.25, “DoD Procedures for Reviewing and Monitoring Transactions Filed with the Committee on Foreign Investment in the United States (CFIUS)”. (available at http://www.dtic.mil/whs/directives/corres/pdf/200025p.pdf).

CSA. As defined in DoD 5220.22-M.

Defense articles. As defined in DoD 5220.22-M.

Defense Industrial Base. As defined in Joint Publication 1-02.

Document. As defined in E.O. 13526.

DoD Components. Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within DoD.

Facility. As defined in DoD 5220.22-M.

Facility security clearance (FCL). As defined in DoD 5220.22-M.

Facility Security Officer (FSO). A U.S. citizen contractor employee, who is cleared as one of the Key Management Personnel required for the FCL, to supervise and direct security measures necessary for implementing applicable requirements set forth in DoD 5220.22-M.

FOCI action plan. For purposes of this part, the methods or agreements that can be applied to mitigate or negate the risk of foreign ownership or control to allow a U.S. contractor to maintain or a U.S. company to be granted an FCL.

FOCI mitigation agreement. For purposes of this part, a signed agreement between a foreign interest and a U.S. contractor or a company in process for an FCL which, based on an assessment of FOCI information, imposes various security measures within an institutionalized set of company practices and procedures. Examples include board resolutions, security control agreements (SCAs) and special security agreements.

FOCI negation agreement. For purposes of this part, a signed agreement between a foreign interest and U.S. contractor or a company in process for an FCL under which the foreign owner relinquishes most ownership rights to U.S. citizens who are approved by the U.S. Government and have been favorably adjudicated for access to classified information based on the results of a personnel security clearance investigation. Examples include voting trust agreements (VTAs) and proxy agreements (PAs).

Foreign government information (FGI). As defined in E.O. 13526.

Foreign interest. As defined in DoD 5220.22-M.

GCA. As defined in DoD 5220.22-M.

Industrial security. As defined in DoD 5220.22-M.

Information. As defined in E.O. 13526.

Limited Access Authorization (LAA). As defined in DoD 5220.22-M.

National interest determination (NID). As defined in 32 CFR part 2004, “National Industrial Security Program Directive No. 1.”

Non-DoD Components. Those USG executive branch departments and agencies identified in DoD 5220.22-M that have entered into agreements with the Secretary of Defense to act as the NISP Cognizant Security Agency (CSA) for, and on their behalf, in rendering security services for the protection of classified information disclosed to or generated by industry pursuant to Section 202 of E.O. 12829.

Personnel security clearance (PCL). As defined in DoD 5220.22-M.

Personnel security clearance assurance (PCLSA). A written certification by USG or applicable foreign government industrial security authorities, which certifies the PCL level or eligibility for a PCL at a specified level for their citizens. The assurance is used, in the case of the United States, to give an LAA to a non-U.S. citizen, provided all other investigative requirements are met.

Prime contract. As defined in DoD 5220.22-M.

Proscribed information. TOP SECRET (TS) information, COMSEC information excluding controlled cryptographic items when unkeyed and utilized with unclassified keys, restricted data (RD), special access program (SAP) information, or sensitive compartmented information (SCI).

Restricted Data (RD). As defined in DoD 5220.22-M.

Sensitive compartmented information (SCI). As defined in Joint Publication 1-02.

Security assurance. A written confirmation, requested by and exchanged between governments, that contains the following elements: Verification of the personnel security clearance (PCL) level of the sponsoring foreign government's citizens or nationals; a statement by a responsible official of the sponsoring foreign government that the recipient of the information is approved by the sponsoring foreign government for access to information of the security classification involved on behalf of the sponsoring government; and an obligation that the sponsoring foreign government will ensure compliance with any security agreement or other use, transfer and security requirements specified by the components. The security assurance usually will be in a request for visit authorization or with courier orders or a transportation plan; but is not related to the PCL security assurance.

Special Access Program (SAP). As defined in E.O. 13526.

Subcontract. As defined in DoD 5220.22-M.