US (United States) Code. Title 40. Subtitle III: Information technology management. Chapter 111: General

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-CITE-

40 USC CHAPTER 111 - GENERAL 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

CHAPTER 111 - GENERAL

-HEAD-

CHAPTER 111 - GENERAL

-MISC1-

Sec.

11101. Definitions.

11102. Sense of Congress.

11103. Applicability to national security systems.

-End-

-CITE-

40 USC Sec. 11101 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

CHAPTER 111 - GENERAL

-HEAD-

Sec. 11101. Definitions

-STATUTE-

In this subtitle, the following definitions apply:

(1) Commercial item. - The term "commercial item" has the

meaning given that term in section 4 of the Office of Federal

Procurement Policy Act (41 U.S.C. 403).

(2) Executive agency. - The term "executive agency" has the

meaning given that term in section 4 of the Act (41 U.S.C. 403).

(3) Information resources. - The term "information resources"

has the meaning given that term in section 3502 of title 44.

(4) Information resources management. - The term "information

resources management" has the meaning given that term in section

3502 of title 44.

(5) Information system. - The term "information system" has the

meaning given that term in section 3502 of title 44.

(6) Information technology. - The term "information technology"

-

(A) with respect to an executive agency means any equipment

or interconnected system or subsystem of equipment, used in the

automatic acquisition, storage, manipulation, management,

movement, control, display, switching, interchange,

transmission, or reception of data or information by the

executive agency, if the equipment is used by the executive

agency directly or is used by a contractor under a contract

with the executive agency that requires the use -

(i) of that equipment; or

(ii) of that equipment to a significant extent in the

performance of a service or the furnishing of a product;

(B) includes computers, ancillary equipment, software,

firmware and similar procedures, services (including support

services), and related resources; but

(C) does not include any equipment acquired by a federal

contractor incidental to a federal contract.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1235.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

11101 40:1401. Pub. L. 104-106, div. E,

Sec. 5002, Feb. 10, 1996,

110 Stat. 679.

--------------------------------------------------------------------

The text of 40:1401(1) is omitted as unnecessary because the

complete name of the Director of the Office of Management and

Budget is used the first time the term appears in a section.

-EXEC-

EX. ORD. NO. 13011. FEDERAL INFORMATION TECHNOLOGY

Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, as amended by

Ex. Ord. No. 13284, Sec. 16, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord.

No. 13286, Sec. 18, Feb. 28, 2003, 68 F.R. 10623, provided:

A Government that works better and costs less requires efficient

and effective information systems. The Paperwork Reduction Act of

1995 [44 U.S.C. 3501 et seq.] and the Information Technology

Management Reform Act of 1996 [now Clinger-Cohen Act of 1996, div.

D (Secs. 4001-4402) and div. E (Secs. 5001-5703) of Pub. L.

104-106, see Tables for classification] provide the opportunity to

improve significantly the way the Federal Government acquires and

manages information technology. Agencies now have the clear

authority and responsibility to make measurable improvements in

mission performance and service delivery to the public through the

strategic application of information technology. A coordinated

approach that builds on existing structures and successful

practices is needed to provide maximum benefit across the Federal

Government from this technology.

Accordingly, by the authority vested in me as President by the

Constitution and the laws of the United States of America, it is

hereby ordered as follows:

Section 1. Policy. It shall be the policy of the United States

Government that executive agencies shall: (a) significantly improve

the management of their information systems, including the

acquisition of information technology, by implementing the relevant

provisions of the Paperwork Reduction Act of 1995 (Public Law

104-13) [44 U.S.C. 3501 et seq.], the Information Technology

Management Reform Act of 1996 (Division E of Public Law 104-106)

("Information Technology Act") [now Clinger-Cohen Act of 1996, div.

D (Secs. 4001-4402) and div. E (Secs. 5001-5703) of Pub. L.

104-106, see Tables for classification], and the Government

Performance and Results Act of 1993 (Public Law 103-62) [see Short

Title of 1993 Amendment note set out under section 1101 of Title

31, Money and Finance];

(b) refocus information technology management to support directly

their strategic missions, implement an investment review process

that drives budget formulation and execution for information

systems, and rethink and restructure the way they perform their

functions before investing in information technology to support

that work;

(c) establish clear accountability for information resources

management activities by creating agency Chief Information Officers

(CIOs) with the visibility and management responsibilities

necessary to advise the agency head on the design, development, and

implementation of those information systems. These responsibilities

include: (1) participating in the investment review process for

information systems; (2) monitoring and evaluating the performance

of those information systems on the basis of applicable performance

measures; and, (3) as necessary, advising the agency head to modify

or terminate those systems;

(d) cooperate in the use of information technology to improve the

productivity of Federal programs and to promote a coordinated,

interoperable, secure, and shared Governmentwide infrastructure

that is provided and supported by a diversity of private sector

suppliers and a well-trained corps of information technology

professionals; and

(e) establish an interagency support structure that builds on

existing successful interagency efforts and shall provide expertise

and advice to agencies; expand the skill and career development

opportunities of information technology professionals; improve the

management and use of information technology within and among

agencies by developing information technology procedures and

standards and by identifying and sharing experiences, ideas, and

promising practices; and provide innovative, multi-disciplinary,

project-specific support to agencies to enhance interoperability,

minimize unnecessary duplication of effort, and capitalize on

agency successes.

Sec. 2. Responsibilities of Agency Heads. The head of each

executive agency shall: (a) effectively use information technology

to improve mission performance and service to the public;

(b) strengthen the quality of decisions about the employment of

information resources to meet mission needs through integrated

analysis, planning, budgeting, and evaluation processes, including:

(1) determining, before making investments in new information

systems, whether the Government should be performing the function,

if the private sector or another agency should support the

function, and if the function needs to be or has been appropriately

redesigned to improve its efficiency;

(2) establishing mission-based performance measures for

information systems investments, aligned with agency performance

plans prepared pursuant to the Government Performance and Results

Act of 1993 (Public Law 103-62);

(3) establishing agency-wide and project-level management

structures and processes responsible and accountable for managing,

selecting, controlling, and evaluating investments in information

systems, with authority for terminating information systems when

appropriate;

(4) supporting appropriate training of personnel; and

(5) seeking the advice of, participating in, and supporting the

interagency support structure set forth in this order;

(c) select CIOs with the experience and skills necessary to

accomplish the duties set out in law and policy, including this

order, and involve the CIO at the highest level of the agency in

the processes and decisions set out in this section;

(d) ensure that the information security policies, procedures,

and practices of the executive agency are adequate;

(e) where appropriate, and in accordance with the Federal

Acquisition Regulation and guidance to be issued by the Office of

Management and Budget (OMB), structure major information systems

investments into manageable projects as narrow in scope and brief

in duration as practicable, consistent with the Information

Technology Act, to reduce risk, promote flexibility and

interoperability, increase accountability, and better correlate

mission need with current technology and market conditions; and

(f) to the extent permitted by law, enter into a contract that

provides for multiagency acquisitions of information technology as

an executive agent for the Government, if and in the manner that

the Director of OMB considers it advantageous to do so.

Sec. 3. Chief Information Officers Council. (a) Purpose and

Functions. A Chief Information Officers Council ("CIO Council") is

established as the principal interagency forum to improve agency

practices on such matters as the design, modernization, use,

sharing, and performance of agency information resources. The

Council shall:

(1) develop recommendations for overall Federal information

technology management policy, procedures, and standards;

(2) share experiences, ideas, and promising practices, including

work process redesign and the development of performance measures,

to improve the management of information resources;

(3) identify opportunities, make recommendations for, and sponsor

cooperation in using information resources;

(4) assess and address the hiring, training, classification, and

professional development needs of the Federal Government with

respect to information resources management;

(5) make recommendations and provide advice to appropriate

executive agencies and organizations, including advice to OMB on

the Governmentwide strategic plan required by the Paperwork

Reduction Act of 1995; and

(6) seek the views of the Chief Financial Officers Council,

Government Information Technology Services Board, Information

Technology Resources Board, Federal Procurement Council, industry,

academia, and State and local governments on matters of concern to

the Council as appropriate.

(b) Membership. The CIO Council shall be composed of the CIOs and

Deputy CIOs of the following executive agencies plus two

representatives from other agencies:

1. Department of State;

2. Department of the Treasury;

3. Department of Defense;

4. Department of Justice;

5. Department of the Interior;

6. Department of Agriculture;

7. Department of Commerce;

8. Department of Labor;

9. Department of Health and Human Services;

10. Department of Housing and Urban Development;

11. Department of Transportation;

12. Department of Energy;

13. Department of Education;

14. Department of Veterans Affairs;

15. Department of Homeland Security;

16. Environmental Protection Agency;

17. Central Intelligence Agency;

18. Small Business Administration;

19. Social Security Administration;

20. Department of the Army;

21. Department of the Navy;

22. Department of the Air Force;

23. National Aeronautics and Space Administration;

24. Agency for International Development;

25. General Services Administration;

26. National Science Foundation;

27. Nuclear Regulatory Commission; and

28. Office of Personnel Management.

The Administrator of the Office of Information and Regulatory

Affairs of OMB, the Controller of the Office of Federal Financial

Management of OMB, the Administrator of the Office of Federal

Procurement Policy of OMB, a Senior Representative of the Office of

Science and Technology Policy, the Chair of the Government

Information Technology Services Board, and the Chair of the

Information Technology Resources Board shall also be members. The

CIO Council shall be chaired by the Deputy Director for Management

of OMB. The Vice Chair, elected by the CIO Council on a rotating

basis, shall be an agency CIO.

Sec. 4. Government Information Technology Services Board.

(a) Purpose and Functions. A Government Information Technology

Services Board ("Services Board") is established to ensure

continued implementation of the information technology

recommendations of the National Performance Review and to identify

and promote the development of innovative technologies, standards,

and practices among agencies and State and local governments and

the private sector. It shall seek the views of experts from

industry, academia, and State and local governments on matters of

concern to the Services Board as appropriate. The Services Board

shall also make recommendations to the agencies, the CIO Council,

OMB, and others as appropriate, and assist in the following:

(1) creating opportunities for cross-agency cooperation and

intergovernmental approaches in using information resources to

support common operational areas and to develop and provide shared

governmentwide infrastructure services;

(2) developing shared governmentwide information infrastructure

services to be used for innovative, multiagency information

technology projects;

(3) creating and utilizing affinity groups for particular

business or technology areas; and

(4) developing with the National Institute of Standards and

Technology and with established standards bodies, standards and

guidelines pertaining to Federal information systems, consistent

with the limitations contained in the Computer Security Act of 1987

(40 U.S.C. 759 note), as amended by the Information Technology Act

[now 40 U.S.C. 11332].

(b) Membership. The Services Board shall be composed of

individuals from agencies based on their proven expertise or

accomplishments in fields necessary to achieve its goals. Major

government mission areas such as electronic benefits, electronic

commerce, law enforcement, environmental protection, national

defense, and health care may be represented on the Services Board

to provide a program operations perspective. Initial selection of

members will be made by OMB in consultation with other agencies as

appropriate. The CIO Council may nominate two members. The Services

Board shall recommend new members to OMB for consideration. The

Chair will be elected by the Services Board.

Sec. 5. Information Technology Resources Board.

(a) Purpose and Functions. An Information Technology Resources

Board ("Resources Board") is established to provide independent

assessments to assist in the development, acquisition, and

management of selected major information systems and to provide

recommendations to agency heads and OMB as appropriate. The

Resources Board shall:

(1) review, at the request of an agency and OMB, specific

information systems proposed or under development and make

recommendations to the agency and OMB regarding the status of

systems or next steps;

(2) publicize lessons learned and promising practices based on

information systems reviewed by the Board; and

(3) seek the views of experts from industry, academia, and State

and local governments on matters of concern to the Resources Board,

as appropriate.

(b) Membership. The Resources Board shall be composed of

individuals from executive branch agencies based on their knowledge

of information technology, program, or acquisition management

within Federal agencies. Selection of members shall be made by OMB

in consultation with other agencies as appropriate. The Chair will

be elected by the Resources Board. The Resources Board may call

upon the department or agency whose project is being reviewed, or

any other department or agency to provide knowledgeable

representative(s) to the Board whose guidance and expertise will

assist in focusing on the primary issue(s) presented by a specific

system.

Sec. 6. Office of Management and Budget. The Director of OMB

shall:

(1) evaluate agency information resources management practices

and, as part of the budget process, analyze, track and evaluate the

risks and results of all major capital investments for information

systems;

(2) notify an agency if it believes that a major information

system requires outside assistance;

(3) provide guidance on the implementation of this order and on

the management of information resources to the executive agencies

and to the Boards established by this order; and

(4) evaluate the effectiveness of the management structure set

out in this order after 3 years and make recommendations for any

appropriate changes.

Sec. 7. General Services Administration. Under the direction of

OMB, the Administrator of General Services shall:

(1) continue to manage the FTS2000 program and coordinate the

follow-on to that program, on behalf of and with the advice of

customer agencies;

(2) develop, maintain, and disseminate for the use of the Federal

community, as requested by OMB or the agencies, recommended methods

and strategies for the development and acquisition of information

technology;

(3) conduct and manage outreach programs in cooperation with

agency managers;

(4) be a focal point for liaison on information resources

management, including Federal information technology, with State

and local governments, and with nongovernmental international

organizations subject to prior consultation with the Secretary of

State to ensure such liaison would be consistent with and support

overall United States foreign policy objectives;

(5) support the activities of the Secretary of State for liaison,

consultation, and negotiation with intergovernmental organizations

in information resources management matters;

(6) assist OMB, as requested, in evaluating agencies'

performance-based management tracking systems and agencies'

achievement of cost, schedule, and performance goals; and

(7) provide support and assistance to the interagency groups

established in this order.

Sec. 8. Department of Commerce. The Secretary of Commerce shall

carry out the standards responsibilities under the Computer

Security Act of 1987, as amended by the Information Technology Act

[now 40 U.S.C. 11332], taking into consideration the

recommendations of the agencies, the CIO Council, and the Services

Board.

Sec. 9. Department of State. (a) The Secretary of State shall be

responsible for liaison, consultation, and negotiation with foreign

governments and intergovernmental organizations on all matters

related to information resources management, including Federal

information technology. The Secretary shall further ensure, in

consultation with the Secretary of Commerce, that the United States

is represented in the development of international standards and

recommendations affecting information technology. In the exercise

of these responsibilities, the Secretary shall consult, as

appropriate, with affected domestic agencies, organizations, and

other members of the public.

(b) The Secretary of State shall advise the Director on the

development of United States positions and policies on

international information policy and technology issues affecting

Federal Government activities and the development of international

information technology standards.

Sec. 10. Definitions. (a) "Executive agency" has the meaning

given to that term in section 4(1) of the Office of Federal

Procurement Policy Act (41 U.S.C. 403(1)).

(b) "Information Technology" has the meaning given that term in

section 5002 of the Information Technology Act [now 40 U.S.C.

11101].

(c) "Information resources" has the meaning given that term in

section 3502(6) of title 44, United States Code.

(d) "Information resources management" has the meaning given that

term in section 3502(7) of title 44, United States Code.

(e) "Information system" has the meaning given that term in

section 3502(8) of title 44, United States Code.

(f) "Affinity group" means any interagency group focussed on a

business or technology area with common information technology or

customer requirements. The functions of an affinity group can

include identifying common program goals and requirements;

identifying opportunities for sharing information to improve

quality and effectiveness; reducing costs and burden on the public;

and recommending protocols and other standards, including security

standards, to the National Institute of Standards and Technology

for Governmentwide applicability, for action in accordance with the

Computer Security Act of 1987, as amended by the Information

Technology Act [now 40 U.S.C. 11332].

(g) "National security system" means any telecommunications or

information system operated by the United States Government, the

function, operation, or use of which (1) involves intelligence

activities; (2) involves cryptologic activities related to national

security; (3) involves command and control of military forces; (4)

involves equipment that is an integral part of a weapon or weapons

system; or (5) is critical to the direct fulfillment of military or

intelligence missions, but excluding any system that is to be used

for routine administrative and business applications (including

payroll, finance, logistics, and personnel management

applications).

Sec. 11. Applicability to National Security Systems.

The heads of executive agencies shall apply the policies and

procedures established in this order to national security systems

in a manner consistent with the applicability and related

limitations regarding such systems set out in the Information

Technology Act.

Sec. 12. Judicial Review. Nothing in this Executive order shall

affect any otherwise available judicial review of agency action.

This Executive order is intended only to improve the internal

management of the executive branch and does not create any right or

benefit, substantive or procedural, enforceable at law or equity by

a party against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

EX. ORD. NO. 13103. COMPUTER SOFTWARE PIRACY

Ex. Ord. No. 13103, Sept. 30, 1998, 63 F.R. 53273, provided:

The United States Government is the world's largest purchaser of

computer-related services and equipment, purchasing more than $20

billion annually. At a time when a critical component in

discussions with our international trading partners concerns their

efforts to combat piracy of computer software and other

intellectual property, it is incumbent on the United States to

ensure that its own practices as a purchaser and user of computer

software are beyond reproach. Accordingly, by the authority vested

in me as President by the Constitution and the laws of the United

States of America, it is hereby ordered as follows:

Section 1. Policy. It shall be the policy of the United States

Government that each executive agency shall work diligently to

prevent and combat computer software piracy in order to give effect

to copyrights associated with computer software by observing the

relevant provisions of international agreements in effect in the

United States, including applicable provisions of the World Trade

Organization Agreement on Trade-Related Aspects of Intellectual

Property Rights, the Berne Convention for the Protection of

Literary and Artistic Works, and relevant provisions of Federal

law, including the Copyright Act.

(a) Each agency shall adopt procedures to ensure that the agency

does not acquire, reproduce, distribute, or transmit computer

software in violation of applicable copyright laws.

(b) Each agency shall establish procedures to ensure that the

agency has present on its computers and uses only computer software

not in violation of applicable copyright laws. These procedures may

include:

(1) preparing agency inventories of the software present on its

computers;

(2) determining what computer software the agency has the

authorization to use; and

(3) developing and maintaining adequate recordkeeping systems.

(c) Contractors and recipients of Federal financial assistance,

including recipients of grants and loan guarantee assistance,

should have appropriate systems and controls in place to ensure

that Federal funds are not used to acquire, operate, or maintain

computer software in violation of applicable copyright laws. If

agencies become aware that contractors or recipients are using

Federal funds to acquire, operate, or maintain computer software in

violation of copyright laws and determine that such actions of the

contractors or recipients may affect the integrity of the agency's

contracting and Federal financial assistance processes, agencies

shall take such measures, including the use of certifications or

written assurances, as the agency head deems appropriate and

consistent with the requirements of law.

(d) Executive agencies shall cooperate fully in implementing this

order and shall share information as appropriate that may be useful

in combating the use of computer software in violation of

applicable copyright laws.

Sec. 2. Responsibilities of Agency Heads. In connection with the

acquisition and use of computer software, the head of each

executive agency shall:

(a) ensure agency compliance with copyright laws protecting

computer software and with the provisions of this order to ensure

that only authorized computer software is acquired for and used on

the agency's computers;

(b) utilize performance measures as recommended by the Chief

Information Officers Council pursuant to section 3 of this order to

assess the agency's compliance with this order;

(c) educate appropriate agency personnel regarding copyrights

protecting computer software and the policies and procedures

adopted by the agency to honor them; and

(d) ensure that the policies, procedures, and practices of the

agency related to copyrights protecting computer software are

adequate and fully implement the policies set forth in this order.

Sec. 3. Chief Information Officers Council. The Chief Information

Officers Council ("Council") established by section 3 of Executive

Order No. 13011 of July 16, 1996 [set out above], shall be the

principal interagency forum to improve executive agency practices

regarding the acquisition and use of computer software, and

monitoring and combating the use of unauthorized computer software.

The Council shall provide advice and make recommendations to

executive agencies and to the Office of Management and Budget

regarding appropriate government-wide measures to carry out this

order. The Council shall issue its initial recommendations within 6

months of the date of this order.

Sec. 4. Office of Management and Budget. The Director of the

Office of Management and Budget, in carrying out responsibilities

under the Clinger-Cohen Act [probably means the Clinger-Cohen Act

of 1996, div. D (Secs. 4001-4402) and div. E (Secs. 5001-5703) of

Pub. L. 104-106, see Tables for classification], shall utilize

appropriate oversight mechanisms to foster agency compliance with

the policies set forth in this order. In carrying out these

responsibilities, the Director shall consider any recommendations

made by the Council under section 3 of this order regarding

practices and policies to be instituted on a government-wide basis

to carry out this order.

Sec. 5. Definition. "Executive agency" and "agency" have the

meaning given to that term in section 4(1) of the Office of Federal

Procurement Policy Act (41 U.S.C. 403(1)).

Sec. 6. National Security. In the interest of national security,

nothing in this order shall be construed to require the disclosure

of intelligence sources or methods or to otherwise impair the

authority of those agencies listed at 50 U.S.[C.] 401a(4) to carry

out intelligence activities.

Sec. 7. Law Enforcement Activities. Nothing in this order shall

be construed to require the disclosure of law enforcement

investigative sources or methods or to prohibit or otherwise impair

any lawful investigative or protective activity undertaken for or

by any officer, agent, or employee of the United States or any

person acting pursuant to a contract or other agreement with such

entities.

Sec. 8. Scope. Nothing in this order shall be construed to limit

or otherwise affect the interpretation, application, or operation

of 28 U.S.C. 1498.

Sec. 9. Judicial Review. This Executive order is intended only to

improve the internal management of the executive branch and does

not create any right or benefit, substantive or procedural, at law

or equity by a party against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2223, 2332;

title 15 section 278g-3; title 29 section 794d; title 41 section

266a; title 44 sections 3502, 3532, 3542.

-End-

-CITE-

40 USC Sec. 11102 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

CHAPTER 111 - GENERAL

-HEAD-

Sec. 11102. Sense of Congress

-STATUTE-

It is the sense of Congress that, during the five-year period

beginning with 1996, executive agencies should achieve each year

through improvements in information resources management by the

agency -

(1) at least a five percent decrease in the cost (in constant

fiscal year 1996 dollars) incurred by the agency in operating and

maintaining information technology; and

(2) a five percent increase in the efficiency of the agency

operations.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

11102 40:1442. Pub. L. 104-106, div. E,

title LI, Sec. 5132, Feb.

10, 1996, 110 Stat. 689.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 11103 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE III - INFORMATION TECHNOLOGY MANAGEMENT

CHAPTER 111 - GENERAL

-HEAD-

Sec. 11103. Applicability to national security systems

-STATUTE-

(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).

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

11103(a) 40:1452. Pub. L. 104-106, div. E,

title LI, Secs. 5141, 5142,

Feb. 10, 1996, 110 Stat. 689.

11103(b) 40:1451(a).

11103(c) 40:1451(b).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2223; title 29

section 794d; title 44 section 3502.

-End-