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(C) for a particular change that is specifically
required by law or that is specifically directed by the
Secretary of Defense.
(b) UNALLOCATED REDUCTIONS OF FUNDS NOT TO
APPLY TO MISSION CRITICAL SYSTEMS.—Funds appro-
priated or otherwise made available by this Act for mission
critical systems are not subject to any unallocated reduc-
tion of funds made by or otherwise applicable to funds
provided in this Act.
(c) CURRENT
SERVICES
OPERATIONS
NOT
AF-
FECTED.—Subsection (a) does not prohibit the obligation
or expenditure of funds for current services operations of
information technology and national security systems.
(d) WAIVER AUTHORITY.—The Secretary of Defense
may waive subsection (a) on a case-by-case basis with re-
spect to an information technology or national security
system if the Secretary provides the congressional defense
committees with written notice of the waiver, including the
reasons for the waiver and a timeline for the testing and
certification of the system as year 2000 compliant.
(e) REQUIRED REPORT.—(1) Not later than Decem-
ber 1, 1998, the Secretary of Defense shall submit to the
congressional defense committees a report describing—
(A) an executable strategy to be used through-
out the Department of Defense to test information
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technology and national security systems for year
2000 compliance (to include functional capability
tests and military exercises);
(B) the plans of the Department of Defense for
ensuring that adequate resources (such as testing fa-
cilities, tools, and personnel) are available to ensure
that all mission critical systems achieve year 2000
compliance; and
(C) the criteria and process to be used to cer-
tify a system as year 2000 compliant.
(2) The report shall also include—
(A) an updated list of all mission critical sys-
tems; and
(B) guidelines for developing contingency plans
for the functioning of each information technology or
national security system in the event of a year 2000
problem in any such system.
(f) CAPABILITY CONTINGENCY PLANS.—Not later
than December 30, 1998, the Secretary of Defense shall
have in place contingency plans to ensure continuity of
operations for every critical mission or function of the De-
partment of Defense that is dependent on an information
technology or national security system.
(g) INSPECTOR GENERAL EVALUATION.—The In-
spector General of the Department of Defense shall selec-
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tively audit information technology and national security
systems certified as year 2000 compliant to evaluate the
ability of systems to successfully operate during the actual
year 2000, including the ability of the systems to access
and transmit information from point of origin to point of
termination.
(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘information technology’’ has the
meaning given that term in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(2) The term ‘‘national security system’’ has
the meaning given that term in section 5142 of such
Act (40 U.S.C. 1452).
(3) The term ‘‘development or modernization’’
has the meaning given that term in paragraph E of
section 180203 of the Department of Defense Fi-
nancial Management Regulation (DOD 7000.14–R),
but does not include any matter covered by subpara-
graph 3 of that paragraph.
(4) The term ‘‘current services’’ has the mean-
ing given that term in paragraph C of section
180203 of the Department of Defense Financial
Management Regulation (DOD 7000.14–R).
(5) The term ‘‘mission critical system’’ means
an information technology or national security sys-
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tem that is designated as mission critical in the May
1998 Department of Defense quarterly report on the
status of year 2000 compliance.
SEC. 9002. (a) PLAN FOR SIMULATION OF YEAR
2000 IN MILITARY EXERCISES.—Not later than Decem-
ber 15, 1998, the Secretary of Defense shall submit to
Congress a plan for the execution of a simulated year
2000 as part of military exercises described in subsection
(c) in order to evaluate, in an operational environment,
the extent to which information technology and national
security systems involved in those exercises will success-
fully operate during the actual year 2000, including the
ability of those systems to access and transmit information
from point of origin to point of termination.
(b) EVALUATION OF COMPLIANCE IN SELECTED EX-
ERCISES.—In conducting the military exercises described
in subsection (c), the Secretary of Defense shall ensure
that at least 25 of those exercises (referred to in this sec-
tion as ‘‘Year 2000 simulation exercises’’) are conducted
so as to include a simulated year 2000 in accordance with
the plan submitted under subsection (a). The Secretary
of Defense shall ensure that at least two of those exercises
are conducted by the commander of each unified or speci-
fied combatant command.
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(c) COVERED MILITARY EXERCISES.—A military ex-
ercise referred to in subsections (a) and (b) is a military
exercise conducted by the Department of Defense, during
the period beginning on January 1, 1999, and ending on
September 30, 1999—
(1) under the training exercises program known
as the ‘‘CJCS Exercise Program’’;
(2) at the Naval Strike and Air Warfare Cen-
ter, the Army National Training Center, or the Air
Force Air Warfare Center; or
(3) as part of Naval Carrier Group fleet train-
ing or Marine Corps Expeditionary Unit training.
(d) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT
CAPABLE OF PERFORMING RELIABLY IN YEAR 2000 SIM-
ULATION.—(1) In carrying out a Year 2000 simulation ex-
ercise, the Secretary of Defense may exclude a particular
information technology or national security system from
the year 2000 simulation phase of the exercise if the Sec-
retary determines that the system would be incapable of
performing reliably during the year 2000 simulation phase
of the exercise. In such a case, the system excluded shall
be replaced in accordance with the year 2000 contingency
plan for the system.
(2) If the Secretary of Defense excludes an informa-
tion technology or national security system from the year
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2000 simulation phase of an exercise as provided in para-
graph (1), the Secretary shall notify Congress of that ex-
clusion not later than two weeks before commencing that
exercise. The notice shall include a list of each information
technology or national security system excluded from the
exercise, a description of how the exercise will use the year
2000 contingency plan for each such system, and a de-
scription of the effect that continued year 2000 non-
compliance of each such system would have on military
readiness.
(3) An information technology or national security
system with cryptological applications that is not capable
of having its internal clock adjusted forward to a simu-
lated later time is exempt from the year 2000 simulation
phase of an exercise under this section.
(e) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘information technology’’ has the
meaning given that term in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(2) The term ‘‘national security system’’ has
the meaning given that term in section 5142 of such
Act (40 U.S.C. 1452).
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 1999’’.
Union Calendar No. 333
105TH CONGRESS
2D SESSION
H. R. 4103
[Report No. 105–591]
A BILL
Making appropriations for the Department of De-
fense for the fiscal year ending September 30,
1999, and for other purposes.
JUNE 22, 1998
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed