40 U.S.C. § 11103 — Applicability to national security systems
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 239 words · no verdicts yet
This section defines “national security system” and generally excludes such systems from chapter 113. It keeps several specified requirements applicable, to the extent practicable in some cases.
(a)(1) In this section, “national security system” means a Federal Government telecommunications or information system whose function, operation, or use:
(A) involves intelligence activities;
(B) involves national-security cryptologic activities;
(C) involves command and control of military forces;
(D) includes equipment that is an integral part of a weapon or weapons system; or
(E) subject to paragraph (2), is critical to directly carrying out military or intelligence missions.
(a)(2) Paragraph (1)(E) does not include a system used for routine administrative or business applications, including payroll, finance, logistics, and personnel management.
(b) Except for subsection (c), chapter 113 of this title does not apply to national security systems.
(c)(1) Sections 11313, 11315, and 11316 apply to national security systems.
(c)(2) The heads of executive agencies must apply sections 11302 and 11312 to national security systems to the extent practicable.
(c)(3)(A) Subject to subparagraph (B), those agency heads must apply section 11303 to national security systems to the extent practicable.
(c)(3)(B) National security systems are subject to section 11303(b)(5), except for subparagraph (B)(iv).
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—
involves intelligence activities;
involves cryptologic activities related to national security;
involves command and control of military forces;
involves equipment that is an integral part of a weapon or weapons system; or
subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.
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).
Except as provided in subsection (c), chapter 113 of this title does not apply to national security systems.
The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.
Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.
National security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1236
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case