Us Code § 11103 - Applicability to national security systems

Full text of Us Code United States Code § 11103 — Applicability to national security systems, with citation guidance and answers to common questions.

§ 11103. Applicability to national security systems

(a) Definition.—

(1) National security system.—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) Limitation.—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) In General.—Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.

(c) Exceptions.—

(1) In general.—Sections 11313, 11315, and 11316 of this title apply to national security systems.

(2) Capital planning and investment control.—The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.

(3) Applicability of performance-based and results-based management to national security systems.—

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

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)

Historical and Revision Notes
Revised

Section

Source (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."

CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec.
11301.
Responsibility of Director.
11302.
Capital planning and investment control.
11303.
Performance-based and results-based management.

        

SUBCHAPTER II—EXECUTIVE AGENCIES

11311.
Responsibilities.
11312.
Capital planning and investment control.
11313.
Performance and results-based management.
11314.
Authority to acquire and manage information technology.
11315.
Agency Chief Information Officer.
11316.
Accountability.
11317.
Significant deviations.
11318.
Interagency support.
11319.
Resources, planning, and portfolio management.

        

SUBCHAPTER III—OTHER RESPONSIBILITIES

11331.
Responsibilities for Federal information systems standards.
[11332.
Repealed.]

        

Editorial Notes

Amendments

2014—Pub. L. 113–291, div. A, title VIII, §831(b), Dec. 19, 2014, 128 Stat. 3440, added item 11319.

2002—Pub. L. 107–296, title X, §§1002(b), 1005(a)(2), Nov. 25, 2002, 116 Stat. 2269, 2272, and Pub. L. 107–347, title III, §§302(b), 305(a), Dec. 17, 2002, 116 Stat. 2957, 2960, amended table of sections identically, substituting "Responsibilities for Federal information systems standards" for "Responsibilities regarding efficiency, security, and privacy of federal computer systems" in item 11331 and striking out item 11332 "Federal computer system security training and plan".

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

About This Section

40 U.S.C. § 11103 is part of Title 40 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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