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40 U.S.C. § 11103 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.)
text: 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).
heading: Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System
text: Pub. L. 114–328, div. A, title VIII, § 895, Dec. 23, 2016, 130 Stat. 2326, provided that:
“(a) Waiver Authority.—
Notwithstanding subsection (c)(2) of section 11103 of title 40, United States Code, a national security system described in subsection (a)(1)(D) of such section shall not be subject to the requirements of paragraphs (2) through (5) of section 11312(b) of such title unless the milestone decision authority determines in writing that application of such requirements is appropriate and in the best interests 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 2366a(d)(7) of title 10, United States Code.”
42 U.S.C. § 1397aa (THE PUBLIC HEALTH AND WELFARE)
§ 1397aa. Purpose; State child health plans
(a) Purpose
The purpose of this subchapter is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children. Such assistance shall be provided primarily for obtaining health benefits coverage through—
(1) obtaining coverage that meets the requirements of section 1397cc of this title, or
(2) providing benefits under the State’s medicaid plan under subchapter XIX,
or a combination of both.
(b) State child health plan required
A State is not eligible for payment under section 1397ee of this title unless the State has submitted to the Secretary under section 1397ff of this title a plan that—
(1) sets forth how the State intends to use the funds provided under this subchapter to provide child health assistance to needy children consistent with the provisions of this subchapter, and
(2) has been approved under section 1397ff of this title.
(c) State entitlement
This subchapter constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to States of amounts provided under section 1397dd of this title.
(d) Effective date
No State is eligible for payments under section 1397ee of this title for child health assistance for coverage provided for periods beginning before October 1, 1997.
(Aug. 14, 1935, ch. 531, title XXI, § 2101, as added Pub. L. 105–33, title IV, § 4901(a), Aug. 5, 1997, 111 Stat. 552.)
heading: References to SCHIP and State Children’s Health Insurance Program
text: Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, § 704], Nov. 29, 1999, 113 Stat. 1536, 1501A–402, which provided that, in official communications concerning this subchapter, the terms “SCHIP” and “State children’s health insurance program” were to be used instead of “CHIP” and “children’s health insurance program”, respectively, was repealed by Pub. L. 111–3, title VI, § 612, Feb. 4, 2009, 123 Stat. 101.
42 U.S.C. § 1437z–2 (THE PUBLIC HEALTH AND WELFARE)
§ 1437z–2. Public housing mortgages and security interests
(a) General authorization
The Secretary may, upon such terms and conditions as the Secretary may prescribe, authorize a public housing agency to mortgage or otherwise grant a security interest in any public housing project or other property of the public housing agency.
(b) Terms and conditions
In making any authorization under subsection (a), the Secretary may consider—
(1) the ability of the public housing agency to use the proceeds of the mortgage or security interest for low-income housing uses;
(2) the ability of the public housing agency to make payments on the mortgage or security interest; and
(3) such other criteria as the Secretary may specify.
(c) No Federal liability
No action taken under this section shall result in any liability to the Federal Government.
(Sept. 1, 1937, ch. 896, title I, § 30, as added Pub. L. 105–276, title V, § 516, Oct. 21, 1998, 112 Stat. 2550.)
heading: Effective Date
text: Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
42 U.S.C. § 1437z–3 (THE PUBLIC HEALTH AND WELFARE)
§ 1437z–3. Pet ownership in public housing
(a) Ownership conditions
A resident of a dwelling unit in public housing (as such term is defined in subsection (c)) may own 1 or more common household pets or have 1 or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the public housing agency, if the resident maintains each pet responsibly and in accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations and with the policies established in the public housing agency plan for the agency.
(b) Reasonable requirements
The reasonable requirements referred to in subsection (a) may include—
(1) requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively;
(2) limitations on the number of animals in a unit, based on unit size;
(3) prohibitions on—
(A) types of animals that are classified as dangerous; and
(B) individual animals, based on certain factors, including the size and weight of the animal; and
(4) restrictions or prohibitions based on size and type of building or project, or other relevant conditions.
(c) Pet ownership in public housing designated for occupancy by elderly or handicapped families
For purposes of this section, the term “public housing” has the meaning given the term in section 1437a(b) of this title, except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in section 1701r–1(d) of title 12.
(d) Regulations
This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5 applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
(Sept. 1, 1937, ch. 896, title I, § 31, as added Pub. L. 105–276, title V, § 526, Oct. 21, 1998, 112 Stat. 2568.)
heading: Effective Date
text: Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
42 U.S.C. § 1490l (THE PUBLIC HEALTH AND WELFARE)
§ 1490l. Processing of applications
(a) Priority
Except as otherwise provided in subsection (c), the Secretary shall, in making assistance available under this subchapter, give a priority to applications submitted by—
(1) persons and families that have the greatest housing assistance needs because of their low income and their residing in inadequate dwellings;
(2) applicants applying for assistance for projects that will serve such persons and families; and
(3) applicants residing in areas which are the most rural in character.
(b) Preliminary reservation of assistance at time of initial approval of project
In making available the assistance authorized by section 1483 of this title and section 1490a(a) of this title with respect to projects involving insured and guaranteed loans and interest credits and rental assistance payments, the Secretary shall process and approve requests for such assistance in a manner that provides for a preliminary reservation of assistance at the time of initial approval of the project.
(c) Prioritization of section 1485 housing assistance
(1) In general
The Secretary shall make assistance under section 1485 of this title available pursuant to an objective procedure established by the Secretary, under which the Secretary shall identify counties and communities having the greatest need for such assistance and designate such counties and communities to receive such assistance.
(2) Objective measures
The Secretary shall use the following objective measures to determine the need for rental housing assistance under paragraph (1):
(A) The incidence of poverty.
(B) The lack of affordable housing and the existence of substandard housing.
(C) The lack of mortgage credit.
(D) The rural characteristics of the location.
(E) Other factors as determined by the Secretary, demonstrating the need for affordable housing.
(3) Information
In administering this subsection, the Secretary shall use information from the most recent decennial census of the United States, relevant comprehensive affordable housing strategies under section 12705 of this title, and other reliable sources obtained by the Secretary which demonstrate the need for affordable housing in rural areas.
(4) Designation
A designation under this subsection shall not be effective for a period of more than 3 years, but may be renewed by the Secretary in accordance with the procedure set forth in this subsection. The Secretary shall take such other reasonable actions as the Secretary considers to be appropriate to notify the public of such designations.
(July 15, 1949, ch. 338, title V, § 532, as added Pub. L. 98–181, title I [title V, § 521], Nov. 30, 1983, 97 Stat. 1250; amended Pub. L. 104–180, title VII, § 734(f), Aug. 6, 1996, 110 Stat. 1604.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–180, § 734(f)(1), substituted “Except as otherwise provided in subsection (c), the Secretary” for “The Secretary” in introductory provisions.
Subsec. (c). Pub. L. 104–180, § 734(f)(2), added subsec. (c).
42 U.S.C. § 1490n (THE PUBLIC HEALTH AND WELFARE)
§ 1490n. Review of rules and regulations
(a) Publication for public comment in Federal Register
Notwithstanding any other provision of law, no rule or regulation pursuant to this subchapter may become effective unless it has first been published for public comment in the Federal Register for at least 60 days, and published in final form for at least 30 days.
(b) Transmittal to Congressional committee members prior to publication in Federal Register
The Secretary shall transmit to the chairman and ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House, all rules and regulations at least 15 days before they are sent to the Federal Register for purposes of subsection (a).
(c) Rules and regulations issued on emergency basis
The provisions of this section shall not apply to a rule or regulation which the Secretary certifies is issued on an emergency basis.
(d) Regulatory authority
The Secretary shall include with each rule or regulation required to be transmitted to the Committees under this section a detailed summary of all changes required by the Office of Management and Budget that prohibit, modify, postpone, or disapprove such rule or regulation in whole or part.
(July 15, 1949, ch. 338, title V, § 534, as added Pub. L. 98–181, title I [title V, § 523], Nov. 30, 1983, 97 Stat. 1254; amended Pub. L. 100–242, title V, § 563(b), Feb. 5, 1988, 101 Stat. 1944.)
heading: Amendments
text: 1988—Subsec. (d). Pub. L. 100–242 added subsec. (d).
heading: Change of Name
text: Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
42 U.S.C. § 1993 (THE PUBLIC HEALTH AND WELFARE)
§ 1993. Repealed. Pub. L. 85–315, pt. III, § 122, Sept. 9, 1957, 71 Stat. 637
text: Section, R.S. § 1989, authorized President to employ land or naval forces to aid in execution of judicial process issued under sections 1981 to 1983 or 1985 to 1992 of this title, or to prevent violation and enforce due execution of sections 1981 to 1983 and 1985 to 1994 of this title. See section 252 of Title 10, Armed Forces.
42 U.S.C. § 2210i (THE PUBLIC HEALTH AND WELFARE)
§ 2210i. Secure transfer of nuclear materials
(a) The Commission shall establish a system to ensure that materials described in subsection (b), when transferred or received in the United States by any party pursuant to an import or export license issued pursuant to this chapter, are accompanied by a manifest describing the type and amount of materials being transferred or received. Each individual receiving or accompanying the transfer of such materials shall be subject to a security background check conducted by appropriate Federal entities.
(b) Except as otherwise provided by the Commission by regulation, the materials referred to in subsection (a) are byproduct materials, source materials, special nuclear materials, high-level radioactive waste, spent nuclear fuel, transuranic waste, and low-level radioactive waste (as defined in section 10101(16) of this title).
(Aug. 1, 1946, ch. 724, title I, § 170I, as added Pub. L. 109–58, title VI, § 656(a), Aug. 8, 2005, 119 Stat. 813.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Effective Date
text: Pub. L. 109–58, title VI, § 656(c), Aug. 8, 2005, 119 Stat. 814, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect upon the issuance of regulations under subsection (b) [set out below], except that the background check requirement shall become effective on a date established by the Commission.”
[For issuance of regulations effective Feb. 23, 2007, see 72 F.R. 3025.]
heading: Regulations
text: Pub. L. 109–58, title VI, § 656(b), Aug. 8, 2005, 119 Stat. 814, provided that: “Not later than 1 year after the date of the enactment of this Act [Aug. 8, 2005], and from time to time thereafter as it considers necessary, the Nuclear Regulatory Commission shall issue regulations identifying radioactive materials or classes of individuals that, consistent with the protection of public health and safety and the common defense and security, are appropriate exceptions to the requirements of section 170D [probably means 170I] of the Atomic Energy Act of 1954 [42 U.S.C. 2210i], as added by subsection (a) of this section.”
heading: Effect on Other Law
text: Pub. L. 109–58, title VI, § 656(d), Aug. 8, 2005, 119 Stat. 814, provided that: “Nothing in this section [enacting this section and provisions set out as notes under this section] or the amendment made by this section shall waive, modify, or affect the application of chapter 51 of title 49, United States Code, part A of subtitle V of title 49, United States Code, part B of subtitle VI of title 49, United States Code, and title 23, United States Code.”
42 U.S.C. § 2278a (THE PUBLIC HEALTH AND WELFARE)
§ 2278a. Trespass on Commission installations
(a) Issuance and posting of regulations
(1) The Commission is authorized to issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property, into or upon any facility, installation, or real property subject to the jurisdiction, administration, in the custody of the Commission, or subject to the licensing authority of the Commission or certification by the Commission under this chapter or any other Act.
(2) Every such regulation of the Commission shall be posted conspicuously at the location involved.
(b) Penalty for violation of regulations
Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection (a) shall, upon conviction thereof, be punishable by a fine of not more than $1,000.
(c) Penalty for violation of regulations regarding enclosed property
Whoever shall willfully violate any regulation of the Commission issued pursuant to subsection (a) with respect to any installation or other property which is enclosed by a fence, wall, floor, roof, or other structural barrier shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed $5,000 or to imprisonment for not more than one year, or both.
(Aug. 1, 1946, ch. 724, title I, § 229, as added Aug. 6, 1956, ch. 1015, § 6, 70 Stat. 1070; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 109–58, title VI, § 654, Aug. 8, 2005, 119 Stat. 812.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Amendments
text: 2005—Pub. L. 109–58, § 654(1), (2), substituted “on” for “upon” in section catchline and realigned margins.
Subsec. (a). Pub. L. 109–58, § 654(3), designated first sentence as par. (1), substituted “in the custody of the Commission, or subject to the licensing authority of the Commission or certification by the Commission under this chapter or any other Act” for “or in the custody of the Commission”, and designated second sentence as par. (2).
42 U.S.C. § 2282b (THE PUBLIC HEALTH AND WELFARE)
§ 2282b. Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data
(a) Persons subject to penalty
Any person who has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and who violates (or whose employee violates) any applicable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this chapter relating to the safeguarding or security of Restricted Data or other classified or sensitive information shall be subject to a civil penalty of not to exceed $100,000 for each such violation.
(b) Fee or payment reductions for violations
The Secretary shall include in each contract with a contractor of the Department provisions which provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
(c) Powers and limitations
The powers and limitations applicable to the assessment of civil penalties under section 2282a of this title, except for subsection (d) of that section, shall apply to the assessment of civil penalties under this section.
(d) Application to certain entities
In the case of an entity specified in subsection (d) of section 2282a of this title—
(1) the assessment of any civil penalty under subsection (a) against that entity may not be made until the entity enters into a new contract with the Department of Energy or an extension of a current contract with the Department; and
(2) the total amount of civil penalties under subsection (a) in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year.
(Aug. 1, 1946, ch. 724, title I, § 234B, as added Pub. L. 106–65, div. C, title XXXI, § 3147(a), Oct. 5, 1999, 113 Stat. 937.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Effective Date
text: Pub. L. 106–65, div. C, title XXXI, § 3147(b), Oct. 5, 1999, 113 Stat. 938, provided that: “Subsection a. of section 234B of the Atomic Energy Act of 1954 [42 U.S.C. 2282b(a)], as added by subsection (a), applies to any violation after the date of the enactment of this Act [Oct. 5, 1999].”