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

Summary

Defines which federal telecom or computer systems count as "national security systems" and says which parts of chapter 113 apply to them. A national security system is a federal telecom or information system that does one of five things: supports intelligence work, handles national-security cryptology, controls military forces, is part of a weapon system, or is critical to a military or intelligence mission. It does not include routine business systems like payroll, finance, logistics, or personnel. Chapter 113 mostly does not apply to these systems. But sections 11313, 11315, and 11316 do apply. Agency heads must apply sections 11302 and 11312 as much as is practical. They must also apply section 11303 as much as possible. National security systems 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