§11103 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Federal agencies must call a computer or communications system a national security system when it is used for intelligence, for secret code work tied to national security, for military command and control, as part of a weapon system, or when it is directly critical to military or intelligence missions. Systems used only for routine business tasks like payroll, finance, logistics, or personnel are not national security systems. Most of chapter 113 does not apply to national security systems. But sections 11313, 11315, and 11316 do apply. Agency heads must follow sections 11302 and 11312 as much as they can. They must also follow section 11303 as much as they can, and they must follow 11303(b)(5) except for subparagraph (B)(iv).

Title 40, §11103

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)(1)In this section, the term “national security system” means a telecommunications or information system operated by the Federal Government, the function, operation, or use of which—

(A)involves intelligence activities;

(B)involves cryptologic activities related to national security;

(C)involves command and control of military forces;

(D)involves equipment that is an integral part of a weapon or weapons system; or

(E)subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.

(2)Paragraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

(b)Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.

(c)(1)section 11313, 11315, and 11316 of this title apply to national security systems.

(2)The heads of executive agencies shall apply section 11302 and 11312 of this title to national security systems to the extent practicable.

(3)(A)Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.

(B)National security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 11103(a)40:1452.Pub. L. 104–106, div. E, title LI, §§ 5141, 5142, Feb. 10, 1996, 110 Stat. 689. 11103(b)40:1451(a). 11103(c)40:1451(b).

Statutory Notes and Related Subsidiaries

Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System Pub. L. 114–328, div. A, title VIII, § 895, Dec. 23, 2016, 130 Stat. 2326, as amended by Pub. L. 117–81, div. A, title XVII, § 1702(l)(9), Dec. 27, 2021, 135 Stat. 2161, provided that: “(a) Waiver Authority.—Notwithstanding subsection (c)(2) of section 11103 of title 40, United States Code, a national security system described in subsection (a)(1)(D) of such section shall not be subject to the requirements of paragraphs (2) through (5) of section 11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best interests of the Department of Defense. “(b) Milestone Decision Authority Defined.—In this section, the term ‘milestone decision authority’ has the meaning given the term in section 4251(d)(5) of title 10, United States Code.”

§11103 Applicability to national security systems

Summary

Title 40, §11103

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata