40 U.S.C. § 11103 — Applicability to national security systems

1. (a)Definition
   1. (1)National security systemIn 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—
      1. (A)involves intelligence activities;
      2. (B)involves cryptologic activities related to national security;
      3. (C)involves command and control of military forces;
      4. (D)involves equipment that is an integral part of a weapon or weapons system; or
      5. (E)subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.
   2. (2)LimitationParagraph (1)(E) does not include a system to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
2. (b)In GeneralExcept as provided in subsection (c), chapter 113 of this title does not apply to national security systems.
3. (c)Exceptions
   1. (1)In generalSections 11313, 11315, and 11316 of this title apply to national security systems.
   2. (2)Capital planning and investment controlThe heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.
   3. (3)Applicability of performance-based and results-based management to national security systems
      1. (A)In generalSubject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.
      2. (B)ExceptionNational security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).