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

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

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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 information resources manage- ment by the agency— (1) at least a five percent decrease in the cost (in constant fiscal year 1996 dollars) in- curred by the agency in operating and main- taining information technology; and (2) a five percent increase in the efficiency of the agency operations. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 11102 .......... 40:1442. Pub. L. 104–106, div. E, title LI, § 5132, Feb. 10, 1996, 110 Stat. 689. § 11103. Applicability to national security sys- tems (a) DEFINITION.— (1) NATIONAL SECURITY SYSTEM.—In this sec- tion, 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 mili- tary 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 intel- ligence missions. (2) LIMITATION.—Paragraph (1)(E) does not include a system to be used for routine admin- istrative and business applications (including payroll, finance, logistics, and personnel man- agement applications). (b) IN GENERAL.—Except as provided in sub- section (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 CON- TROL.—The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent prac- ticable. (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 Revised Section Source (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 TECH- NOLOGY EQUIPMENT INCLUDED AS INTEGRAL PART OF A WEAPON OR WEAPON SYSTEM Pub. 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 sub- section (c)(2) of section 11103 of title 40, United States Code, a national security system described in sub- section (a)(1)(D) of such section shall not be subject to the requirements of paragraphs (2) through (5) of sec- tion 11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best inter- ests 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.’’ CHAPTER 113—RESPONSIBILITY FOR ACQUI- SITIONS OF INFORMATION TECHNOLOGY SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET Sec. 11301. Responsibility of Director. 11302. Capital planning and investment control. 11303. Performance-based and results-based manage- ment. SUBCHAPTER II—EXECUTIVE AGENCIES 11311. Responsibilities. 11312. Capital planning and investment control.

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

28 U.S.C. § 1498 — Patent and copyright cases

**(a)** Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture. Reasonable and entire compensation shall include the owner’s reasonable costs, including reasonable fees for expert witnesses and attorneys, in pursuing the action if the owner is an independent inventor, a nonprofit organization, or an entity that had no more than 500 employees at any time during the 5-year period preceding the use or manufacture of the patented invention by or for the United States. Nothwithstanding 11 So in original. Probably should be “Notwithstanding”. the preceding sentences, unless the action has been pending for more than 10 years from the time of filing to the time that the owner applies for such costs and fees, reasonable and entire compensation shall not include such costs and fees if the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States. The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in t

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

28 U.S.C. § 1498 — Patent and copyright cases

Page 411 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1498 1 So in original. Probably should be ‘‘Notwithstanding’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. § 1496. Disbursing officers’ claims The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge. (June 25, 1948, ch. 646, 62 Stat. 941; Pub. L. 97–164, title I, § 133(c)(1), Apr. 2, 1982, 96 Stat. 40; Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 250(3) (Mar. 3, 1911, ch. 231, § 145, 36 Stat. 1136; June 10, 1921, ch. 18, § 304, 42 Stat. 24). Words ‘‘paymaster, quartermaster, commissary of subsistence, or other,’’ preceding ‘‘disbursing officer of the United States,’’ were omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and Hobbs v. United States, 1881, 17 Ct.Cl. 189, holding that the term ‘‘other disbursing officer’’ extends to any disbursing officer of the executive departments of the Government. Words ‘‘by capture or otherwise’’ were omitted as surplusage. Words ‘‘and for which such officer was and is hel

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1498

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

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

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

50 U.S.C. § 3003 — Definitions

Page 559 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1958—Pub. L. 85–599 amended section generally, and, among other changes, provided that each military de- partment shall be separately organized, instead of sepa- rately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relat- ing to establishment of unified or specified combatant commands and for elimination of unnecessary duplica- tion. 1949—Act Aug. 10, 1949, provided that the military de- partments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. § 3003. Definitions As used in this chapter: (1) The term ‘‘intelligence’’ includes foreign intelligence and counterintelligence. (2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, or for- eign persons, or international terrorist activi- ties. (3) The term ‘‘counterintelligence’’ means information gathered, and activities con- ducted, to protect against espionage, other in- telligence activities, sabotage, or assassina- tions conducted by or on behalf of foreign gov- ernments or elements thereof, foreign organi- zations, or foreign persons, or international

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003

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