(9) Access determination .— 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 with industry), or any successor thereto; and (B) possesses a need to know under such an Order.