
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2315]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2315. Law inapplicable to the procurement of automatic data 
        processing equipment and services for certain defense purposes
        
    (a) For the purposes of division E of the Clinger-Cohen Act of 1996 
(40 U.S.C. 1401 et seq.), the term ``national security systems'' means 
those telecommunications and information systems operated by the 
Department of Defense, the functions, operation or use of which--
        (1) involves intelligence activities;
        (2) involves cryptologic activities related to national 
    security;
        (3) involves the command and control of military forces;
        (4) involves equipment that is an integral part of a weapon or 
    weapons system; or
        (5) subject to subsection (b), is critical to the direct 
    fulfillment of military or intelligence missions.

    (b) Subsection (a)(5) does not include procurement of automatic data 
processing equipment or services to be used for routine administrative 
and business applications (including payroll, finance, logistics, and 
personnel management applications).

(Added Pub. L. 97-86, title IX, Sec. 908(a)(1), Dec. 1, 1981, 95 Stat. 
1117; amended Pub. L. 97-295, Sec. 1(25), Oct. 12, 1982, 96 Stat. 1291; 
Pub. L. 104-106, div. E, title LVI, Sec. 5601(c), Feb. 10, 1996, 110 
Stat. 699; Pub. L. 104-201, div. A, title X, Sec. 1074(b)(4)(B), Sept. 
23, 1996, 110 Stat. 2660; Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(49), Nov. 18, 1997, 111 Stat. 1903.)

                       References in Text

    The Clinger-Cohen Act of 1996, referred to in subsec. (a), is div. D 
(Secs. 4001-4402) and div. E (Secs. 5001-5703) of Pub. L. 104-106, Feb. 
10, 1996, 110 Stat. 642, 679. Div. E of Pub. L. 104-106 is classified 
principally to chapter 25 (Sec. 1401 et seq.) of Title 40, Public 
Buildings, Property, and Works. For complete classification of this Act 
to the Code, see Short Title note set out under section 1401 of Title 
40, Short Title of 1996 Amendment note set out under section 251 of 
Title 41, Public Contracts, and Tables.


                               Amendments

    1997--Subsec. (a). Pub. L. 105-85 substituted ``division E of the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' for ``the 
Information Technology Management Reform Act of 1996''.
    1996--Subsec. (a). Pub. L. 104-106, as amended by Pub. L. 104-201, 
substituted ``For the purposes of the Information Technology Management 
Reform Act of 1996, the term `national security systems' means those 
telecommunications and information systems operated by the Department of 
Defense, the functions, operation or use of which'' for ``Section 111 of 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
759) is not applicable to the procurement by the Department of Defense 
of automatic data processing equipment or services if the function, 
operation, or use of the equipment or services''.
    1982--Subsec. (a). Pub. L. 97-295 substituted ``(40 U.S.C. 759)'' 
for ``(40 U.S.C. 795)''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, set out as an Effective Date note 
under section 1401 of Title 40, Public Buildings, Property, and Works.


                             Effective Date

    Section 908(b) of Pub. L. 97-86 provided that: ``Section 2315 of 
title 10, United States Code, as added by subsection (a), does not apply 
to a contract made before the date of the enactment of this Act [Dec. 1, 
1981].''


          Limitation Regarding Telecommunications Requirements

    Pub. L. 103-337, div. A, title X, Sec. 1075, Oct. 5, 1994, 108 Stat. 
2861, provided that:
    ``(a) Limitation.--No funds available to the Department of Defense 
or any other Executive agency may be expended to provide for meeting 
Department of Defense telecommunications requirements through the 
telecommunications procurement known as `FTS-2000' or through any other 
Government-wide telecommunications procurement until--
        ``(1) the Secretary of Defense submits to the Congress a report 
    containing--
            ``(A) a certification by the Secretary that the FTS-2000 
        procurement or the other telecommunications procurement will 
        provide assured, secure telecommunications support (including 
        associated telecommunications services) for Department of 
        Defense activities; and
            ``(B) a description of how the procurement will be 
        implemented and managed to meet defense information 
        infrastructure requirements, including requirements to support 
        deployed forces and intelligence activities; and
        ``(2) 30 days elapse after the date on which such report is 
    received by the committees.
    ``(b) Definitions.--In this section:
        ``(1) The term `defense telecommunications requirements' means 
    requirements for telecommunications equipment and services that, if 
    procured by the Department of Defense, would be exempt from the 
    requirements of section 111 of the Federal Property and 
    Administrative Services Act of 1949 ([former] 40 U.S.C. 759) 
    pursuant to section 2315 of title 10, United States Code.
        ``(2) The term `Executive agency' has the meaning given such 
    term in section 105 of title 5, United States Code.
        ``(3) The term `procurement' has the meaning given such term in 
    section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
    403).
    ``(c) Effect on Other Law.--Nothing in this section may be construed 
as modifying or superseding, or as intended to impair or restrict 
authorities or responsibilities under--
        ``(1) section 111 of the Federal Property and Administrative 
    Services Act of 1949 ([former] 40 U.S.C. 759); or
        ``(2) section 620 of Public Law 103-123 [107 Stat. 1264].''

                  Section Referred to in Other Sections

    This section is referred to in title 15 sections 278g-3, 5527.
