H. R. 4103—49
expended: Provided further, That notwithstanding any other provi-
sion of law, the funds made available by this section may be
available for payments to persons, communities, or other entities
in Italy for reimbursement for property damages resulting from
the accident involving a United States Marine Corps A–6 aircraft
on February 3, 1998, near Cavalese, Italy: Provided further, That
notwithstanding any other provision of law, funds made available
under this section may be used to rebuild or replace the funicular
system in Cavalese destroyed on February 3, 1998 by that aircraft:
Provided further, That any amount paid to any individual or entity
from the amount appropriated under this section shall be credited
against any amount subsequently determined to be payable to
that individual or entity under chapter 163 of title 10, United
States Code, section 127 of that title, or any other authority pro-
vided by law for administrative settlement of claims against the
United States with respect to damages arising from the accident
described in this section: Provided further, That payment of an
amount under this section shall not be considered to constitute
a statement of legal liability on the part of the United States
or otherwise to prejudge any judicial proceeding or investigation
arising from the accident described in this section: Provided further,
That no part of any payment authorized by this section shall
be paid to or received by agents or attorneys for services rendered
in connection with obtaining such payment, any contract to the
contrary notwithstanding.
SEC. 8115. (a) None of the funds appropriated or otherwise
made available under this Act may be obligated or expended for
any additional deployment of forces of the Armed Forces of the
United States to Yugoslavia, Albania, or Macedonia unless and
until the President, after consultation with the Speaker of the
House of Representatives, the Majority Leader of the Senate, the
Minority Leader of the House of Representatives, and the Minority
Leader of the Senate, transmits to Congress a report on the deploy-
ment that includes the following:
(1) The President’s certification that the presence of those
forces in each country to which the forces are to be deployed
is necessary in the national security interests of the United
States.
(2) The reasons why the deployment is in the national
security interests of the United States.
(3) The number of United States military personnel to
be deployed to each country.
(4) The mission and objectives of forces to be deployed.
(5) The expected schedule for accomplishing the objectives
of the deployment.
(6) The exit strategy for United States forces engaged in
the deployment.
(7) The costs associated with the deployment and the fund-
ing sources for paying those costs.
(8) The anticipated effects of the deployment on the morale,
retention, and effectiveness of United States forces.
(b) Subsection (a) does not apply to a deployment of forces—
(1) in accordance with United Nations Security Council
Resolution 795; or
(2) under circumstances determined by the President to
be an emergency necessitating immediate deployment of the
forces.
H. R. 4103—50
(c) Nothing in this section shall be deemed to restrict the
authority of the President under the Constitution to protect the
lives of United States citizens.
SEC. 8116. (a) ENSURING YEAR 2000 COMPLIANCE OF INFORMA-
TION TECHNOLOGY AND NATIONAL SECURITY SYSTEMS.—None of the
funds appropriated or otherwise made available by this Act may
(except as provided in subsection (b)) be obligated or expended
on the development or modernization of any information technology
or national security system of the Department of Defense in use
by the Department of Defense (whether or not the system is a
mission critical system) if the date-related data processing capabil-
ity of that system does not meet certification level 1a, 1b, or 2
(as prescribed in the April 1997 publication of the Department
of Defense entitled ‘‘Year 2000 Management Plan’’).
(b) EXCEPTION FOR CERTAIN INFORMATION TECHNOLOGY AND
NATIONAL SECURITY SYSTEMS.—The limitation in subsection (a) does
not apply to an obligation or expenditure for an information tech-
nology or national security system that is reported to the Office
of the Secretary of Defense by October 1, 1998, in accordance
with the preparation instructions for the May 1998 Department
of Defense quarterly report on the status of year 2000 compliance,
if—
(1) the obligation or expenditure is directly related to ensur-
ing that the reported system achieves year 2000 compliance;
(2) the system is being developed and fielded to replace,
before January 1, 2000, a noncompliant system or a system
to be terminated in accordance with the May 1998 Department
of Defense quarterly report on the status of year 2000 compli-
ance; or
(3) the obligation or expenditure is required for a particular
change that is specifically required by law or that is specifically
directed by the Secretary of Defense.
(c) UNALLOCATED REDUCTIONS OF FUNDS NOT TO APPLY TO
MISSION
CRITICAL
SYSTEMS.—Funds appropriated or otherwise
made available by this Act for mission critical systems are not
subject to any unallocated reduction of funds made by or otherwise
applicable to funds appropriated or otherwise made available by
this Act.
(d) CURRENT
SERVICES
OPERATIONS
NOT
AFFECTED.—Sub-
section (a) does not prohibit the obligation or expenditure of funds
for current services operations of information technology and
national security systems.
(e) WAIVER AUTHORITY.—The Secretary of Defense may waive
subsection (a) on a case-by-case basis with respect 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.
(f ) REQUIRED REPORT.—(1) Not later than December 1, 1998,
the Secretary of Defense shall submit to the congressional defense
committees a report describing—
(A) an executable strategy to be used throughout the
Department of Defense to test information 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 facilities, tools, and
H. R. 4103—51
personnel) are available to ensure that all mission critical sys-
tems achieve year 2000 compliance; and
(C) the criteria and process to be used to certify a system
as year 2000 compliant.
(2) The report shall also include—
(A) an updated list of all mission critical systems; and
(B) guidelines for developing contingency plans for the func-
tioning of each information technology or national security sys-
tem in the event of a year 2000 problem in any such system.
(g) 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 Department of Defense that is dependent on
an information technology or national security system.
(h) INSPECTOR GENERAL EVALUATION.—The Inspector General
of the Department of Defense shall selectively 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.
(i) 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 mean-
ing given that term in paragraph E of section 180203 of the
Department of Defense Financial Management Regulation
(DOD 7000.14–R), but does not include any matter covered
by subparagraph 3 of that paragraph.
(4) The term ‘‘current services’’ has the meaning 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 informa-
tion technology or national security system that is designated
as mission critical in the May 1998 Department of Defense
quarterly report on the status of year 2000 compliance.
SEC. 8117. (a) EVALUATION OF YEAR 2000 COMPLIANCE AS PART
OF TRAINING EXERCISES PROGRAMS.—Not later than December 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 tech-
nology and national security systems involved in those exercises
will successfully 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 EXERCISES.—
In conducting the military exercises described in subsection (c),
the Secretary of Defense shall ensure that—
(1) at least 25 of those exercises (referred to in this section
as ‘‘year 2000 simulation exercises’’) are conducted so as to
include a simulated year 2000 in accordance with the plan
submitted under subsection (a);
H. R. 4103—52
(2) at least two of those exercises are conducted by the
commander of each unified or specified combatant command;
and
(3) all mission critical systems that are expected to be
used if the Armed Forces are involved in a conflict in a major
theater of war are tested in at least two exercises.
(c) COVERED MILITARY EXERCISES.—A military exercise referred
to in this section 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 Center, the Army
National Training Center, or the Air Force Air Warfare Center;
or
(3) as part of Naval Carrier Group fleet training or Marine
Corps Expeditionary Unit training.
(d) ALTERNATIVE TESTING METHOD.—In the case of an informa-
tion technology or national security system for which a simulated
year 2000 test as part of a military exercise described in subsection
(c) is not feasible or presents undue risk, the Secretary of Defense
shall test the system using a functional end-to-end test or through
a Defense Major Range and Test Facility Base. The Secretary
shall include the plans for these tests in the plan required by
subsection (a). Tests under this subsection are in addition to the
25 tests required by subsection (b).
(e) AUTHORITY FOR EXCLUSION OF SYSTEMS NOT CAPABLE OF
PERFORMING RELIABLY IN YEAR 2000 SIMULATION.—(1) In carrying
out a year 2000 simulation exercise, 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 Secretary 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 information tech-
nology or national security system from the year 2000 simulation
phase of an exercise as provided in paragraph (1), the Secretary
shall notify Congress of that exclusion 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 description
of the effect that continued year 2000 noncompliance 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 simulated later time is exempt from
the year 2000 simulation phase of an exercise under this section.
(f ) COMPTROLLER GENERAL REVIEW.—Not later than January
30, 1999, the Comptroller General shall review the report and
plan submitted under subsection (a) and submit to Congress a
briefing evaluating the methodology to be used under the plan
to simulate the year 2000 and describing the potential information
that will be collected as a result of implementation of the plan,
the adequacy of the planned tests, and the impact that the plan
will have on military readiness.