Collapse to view only § 11101. Definitions
§ 11101. DefinitionsIn this subtitle, the following definitions apply:
(1)Commercial product.—The term “commercial product” has the meaning given that term in section 103 of title 41.
(2)Executive agency.—The term “executive agency” has the meaning given that term in section 133 of title 41.
(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, analysis, evaluation, 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 (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235; Pub. L. 108–199, div. F, title V, § 535(b), Jan. 23, 2004, 118 Stat. 345; Pub. L. 111–350, § 5(l)(24), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, § 836(g)(7)(A), Aug. 13, 2018, 132 Stat. 1874.)
§ 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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
§ 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 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.)