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

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11303&num=0&edition=prelim) to national security systems to the extent practicable. (B) *Exception.—* — National security systems are subject to [section 11303(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granule

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Stable record: federal_law:legal_authorities:record_usc_28228b2ad627244a6e2b40e8
Source file: Laws/federal/codes/united-states-code/title-40/section-11103-applicability-to-national-security-systems--f2db578275.md
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Source location: Title 40, Chapter 111, § 11103; chapter-111-general.md

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11303 — Performance-based and results-based management

**(a) In General.—** The Director of the Office of Management and Budget shall encourage the use of performance-based and results-based management in fulfilling the responsibilities assigned under [section 3504(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3504/h&num=0&edition=prelim). **(b) Evaluation of Agency Programs and Investments.—** (1) **Requirement.—** — The Director shall evaluate the information resources management practices of the executive agencies with respect to the performance and results of the investments made by the executive agencies in information technology. (2) **Direction for executive agency action.—** — The Director shall issue to the head of each executive agency clear and concise direction that the head of each agency shall— (A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in information systems; (B) determine, before making an investment in a new information system— (i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or (ii) whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel; (C) analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes, as appropriate, before making significant investments in information technology to be used

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11303

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2223 — Information technology: additional responsibilities of Chief Information Officers

**(a) Additional Responsibilities of Chief Information Officer of Department of Defense.—** In addition to the responsibilities provided for in chapter 35 of title 44 and in [section 11315 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), the Chief Information Officer of the Department of Defense shall— (1) review and provide recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems; (2) ensure the interoperability of information technology and national security systems throughout the Department of Defense; (3) ensure that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed; (4) provide for the elimination of duplicate information technology and national security systems within and between the military departments and Defense Agencies; and (5) maintain a consolidated inventory of Department of Defense mission critical and mission essential information systems, identify interfaces between those systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems. **(b) Additional Responsibilities of Chief Information Officer of Military Departments.—** In addition to the responsibilities provided for in chapter 35 of title 44 and in [section 11315 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11315&num=0&edition=prelim), the Chief Information Officer of a military department, with respect to the military department concerned, shall— (1) review budget requests for all information technology and nation

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2223

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3501 — Purposes

The purposes of this subchapter are to— (1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government; (2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government; (3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public; (4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society; (5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information; (6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government; (7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology; (8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent w

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3501

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3502 — Definitions

As used in this subchapter— (1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include— (A) the Government Accountability Office; (B) Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for— (A) reviewing instructions; (B) acquiring, installing, and utilizing technology and systems; (C) adjusting the existing ways to comply with any previously applicable instructions and requirements; (D) searching data sources; (E) completing and reviewing the collection of information; and (F) transmitting, or otherwise disclosing the information; (3) the term “collection of information”— (A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either— (i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to agencies, ins

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3502

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3511 — Data inventory and Federal data catalogue

**(a) Comprehensive Data Inventory.—** (1) **In general.—** — In consultation with the Director and in accordance with the guidance established under paragraph (2), the head of each agency shall, to the maximum extent practicable, develop and maintain a comprehensive data inventory that accounts for all data assets created by, collected by, under the control or direction of, or maintained by the agency. The head of each agency shall ensure that such inventory provides a clear and comprehensive understanding of the data assets in the possession of the agency. (2) **Guidance.—** — The Director shall establish guidance for agencies to develop and maintain comprehensive data inventories under paragraph (1). Such guidance shall include the following: (A) A requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency, including, to the maximum extent practicable, the following: (i) A description of the data asset, including all variable names and definitions. (ii) The name or title of the data asset. (iii) An indication of whether or not the agency— (I) has determined or can determine if the data asset is— (aa) an open Government data asset; (bb) subject to disclosure or partial disclosure or exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim); (cc) a public data asset eligible for disclosure under subsection (b); or (dd) a data asset not subject to open format or open license requirements due to existing limitations or restrictions on government distribution of the asset; or (II) as of the date of such indication, has not made such determin

Source: Supplied U.S. Code snapshot — release unconfirmed · 44 U.S.C. § 3511

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1521 — Definitions

In this subchapter: (1) **Agency** — The term “agency” has the meaning given the term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (2) **Agency information system** — The term “agency information system” has the meaning given the term in [section 660 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section660&num=0&edition=prelim). (3) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (4) **Cybersecurity risk; information system** — The terms “cybersecurity risk” and “information system” have the meanings given those terms in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (5) **Director** — The term “Director” means the Director of the Office of Management and Budget. (6) **Intelligence community** — The term “intelligence community” has the meaning given the term in [section 3003(4) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim). (7) **National security system** — The term “national security system” has the meaning given the term in [section 11103 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11103&num=0&edition=prelim). (8) **Secretary** — The term “Secretary” means the Secretary of Homeland Security.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1521

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 657 — Definitions

Except as otherwise specifically provided, in this subchapter: (1) **Agency** — The term “Agency” means the Cybersecurity and Infrastructure Security Agency. (2) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (3) **Cloud service provider** — The term “cloud service provider” means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. (4) **Critical infrastructure information** — The term “critical infrastructure information” means information not customarily in the public domain and related to the security of critical infrastructure or protected systems— (A) actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety; (B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or (C) any planned or p

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 657

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 216 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 11102 of this order regarding practices and policies to be in- stituted 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 re- quire the disclosure of intelligence sources or methods or to otherwise impair the authority of those agencies listed at [former] 50 U.S.[C.] 401a(4) [now 50 U.S.C. 3003(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, applica- tion, or operation of 28 U.S.C. 1498. SEC. 9. Judicial Review. This Executive order is in- tended only to improve the internal management of the executive branch and does not create any right or ben- efit, substantive or procedural, at law or equity by a party against the United States, its agencies or instru- mentalities, its officers or employees, or any other per- son. WILLIAM J. CLINTON. § 11102. Sense of Congress It is the sense of Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year through im- provements in infor

Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 11103

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