40 U.S. Code § 11103 - Applicability to national security systems
(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—
(b) In General.—
(2) Capital planning and investment control.—
(3) Applicability of performance-based and results-based management to national security systems.—
(A) In general.—
National security systems are subject to section 11303(b)(5) of this title, except for subparagraph (B)(iv).
Statutory Notes and Related Subsidiaries
Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System
“(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.”