(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
RevisedSectionSource (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 SystemPub. 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.”