112 STAT. 2328 PUBLIC LAW 105-262—OCT. 17, 1998 (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 capability of that system does not meet certification level la, lb, 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 technology 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 ensuring 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 compliance; 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.— Subsection (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. Deadline. (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
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