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Government’s Role in Reducing “Year-2000” Risks

Leon A. Kappelman*
Department of Business Computer Information Systems, College of Business Administration,
University of North Texas, Denton, TX 76203-5249. E-mail: kapp@unt.edu

Jerry L. Johnson
Texas Department of State Information Resources, Austin, TX 78711-3564.

Kathy Rosmond
Department of Social and Health Services, Olympia, Washington 98504-5886.

The year-2000 computer problem poses many risks to 2. the choice to amortize costs so enterprises move more
modern economic society. There are important roles quickly instead of delaying year-2000 expenses and their
that governmental bodies can play in helping to mitigate impact on current earnings;
these risks. Some of these are regulatory and others 3. the creation of mechanisms to facilitate information shar-
legislative. This article outlines these initiatives. ing without fear of legal repercussions;
4. the extension of statutes of limitations so that scarce
Introduction and Overview resources could be focused on remediation instead of
litigation;
Most people are at least aware that there is something 5. the limitation of certain legal liabilities for enterprises
called the “year-2000” century date problem with comput- that can demonstrate a specified degree of diligence in
ers. Less understood are the extent and probability of the resolving their year-2000 problems, particularly in the
risks posed by this problem and the degree to which it might area of matters beyond the control of enterprise manage-
adversely affect the public’s safety and general economic ment (e.g., a year-2000-related supplier failure); and,
6. some leadership on issues like certification of nuclear
welfare. Most governmental year-2000-related activities
power plants and waste dumps, water and sewer systems,
have focused on dealing with the problem in their own oil and chemical pipelines and plants, other potential
operational systems. Yet, as far as the responsibility that life-threatening and environmentally hazardous facili-
government has to protect the public’s safety and economic ties, as well as critical infrastructures like power gener-
well-being, besides comparatively timely and reasonably ation and distribution facilities, medical devices and fa-
diligent efforts by federal regulators of financial institutions cilities, telecommunication networks, and the like.
and, more recently, the federal regulators of publically-
traded companies, government agencies at all levels have We are not sure how far government can, or should, go
been almost totally negligent in their duty to serve and in monitoring the compliance of private or not-for-profit
protect the public. organizations that provide essential services to citizens.
At a time when public sentiment favors less government Nevertheless, government should assume significant re-
control, getting some legislatures and agencies to step up to sponsibility for educating the public and raising awareness
that kind of intervention may be difficult. But the year-2000
regarding the issues. Moreover, public figures can provide
problem is not a “business as usual” situation. We need
solely needed leadership to help foster the high degree of
informed and decisive leadership. Government actions such
cooperation and communication required to effectively deal
as these would greatly serve the country:
with this problem in the time available. Though people
resist government intervention, the fact is that most people
1. Antitrust exemption so enterprises can freely share their
solutions with each other;
depend on government-monitored services like emergency
response systems, banking and securities dealers, oil/gas-
line distribution, food and drug industries, and the airline
* To whom all correspondence should be addressed. industry, to name but a few. Using the example of a hypo-
thetical “State” state government and its agencies, we ex-
© 1999 John Wiley & Sons, Inc. amine the role of government in protecting the public safety

JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE. 50(4):354 –357, 1999 CCC 0002-8231/99/040354-04
and the economy. Enterprises in certain industries provide system may fail in August 1999 due to a date-related pro-
essential public services and they must be held accountable cessing problem. Many of the emergency response systems
to be “year-2000 ready” and the government agencies listed are using GPS to track emergency vehicles for 911 systems.
in the following paragraphs are charged with requiring that Recommendation: The Emergency Communications Com-
this happen. mission should alert all 911 system operators in the state of
It is worthy of note that there is no standard definition of the potential problem and assist in identifying vendors of-
what it means to be “year-2000 ready” or “year-2000 com- fering equipment and systems that have corrected this prob-
pliant.” And regrettably, at least with respect to dealing with lem. Moreover, emergency response and emergency man-
immediate year-2000-related concerns, it is far too late for agement agencies should work with other agencies and the
government or other entities to try to impose retrofitted Federal Emergency Management Agency (FEMA) to help
standards onto an already fragile technology infrastructure. identify high-risk areas and make contingency plans.
Nevertheless, in the long term, such initiative may be ad-
visable, just as standards for things like telecommunications
equipment and electrical plugs, outlets, and transmission Environmental Risks
frequencies have served the national interest, fostered com-
petition, and protected the public well-being. For our pur- The year-2000 problem poses serious environmental
poses, we assume that “century compliant” simply means risks from many of the year-2000-related areas described in
that things will work as well in the next century as they do the sections concerning electric power generation and dis-
in the current one and that no date-related failures will tribution, petrochemical refineries and oil/gas-line distribu-
occur. If this is not the case, then they are non-compliant. tion, and water and waste treatment. Recommendation: The
State Natural Resource Conservation Commission (NRCC)
Court Systems should work closely with other agencies and the federal
Environmental Protection Agency (EPA) to help identify
While the pardon and parole systems have to deal with high-risk areas and take regulatory action to protect the
dates into the year 2000, other less obvious systems dealing public’s safety and the environment, as well as make con-
with scheduling court action or documenting evidence could tingency plans.
also be at risk. Recommendations: The State Administrator
for the Courts should take responsibility to see that the
appropriate jurisdictions are aware of, and are correcting,
Financial Institutions
any problems in the state, appellate, district, municipal, and
juvenile court systems. Banks and credit unions also are at risk. On June 17,
1996, the Comptroller of the Currency, Administrator of
Criminal Justice Systems National Banks, issued an advisory letter (AL 96-4) to the
chief executive officers of all national banks, department
Sentencing and environmental (i.e., buildings and facil-
and division heads, and all examining personnel. The advi-
ities) control systems could be affected by the year-2000
sory letter contained a statement by the Federal Financial
problem. Recommendations: The Department of Correc-
Institutions Examination Council (FFIEC) that alerted fi-
tions needs to ensure that the sentencing and environment
nancial institutions to risks that may be present in existing
control systems (especially security) are year-2000 ready in
computer systems as the industry enters the new century.
the correctional institutions.
The FFIEC consists of the Federal Reserve Board of Gov-
ernors, the Federal Deposit Insurance Corporation, the Na-
Electric Power Generation and Distribution Systems tional Credit Union Administration, the Office of the Comp-
Power plants, both nuclear and conventional, use com- troller of the Currency, and the Office of Thrift Supervision.
puter systems and smart valves that could result in system On May 5, 1997, the FFIEC issued a more extensive state-
failures. The grid that distributes electrical power also is at ment including “Year-2000 Examination Procedures” and
risk. Recommendation: The State Public Utility Commis- additional advisories have subsequently been issued. Rec-
sion (PUC) should initiate a proceeding to assess the year- ommendation: The Finance Commission and the Credit
2000 readiness of all power plants and the potential impact Union Department should issue letters advising all state-
on the power grid itself. The proceeding should determine if chartered banks, savings and loans, consumer credit enter-
each utility has conducted a year-2000 risk assessment, prises, and credit unions that they have a responsibility for
developed a corrective action plan, and established a date to analyzing the year-2000-related risk of their internal com-
become year-2000 ready. puter systems, and should consult with affected vendors
(e.g., automated teller machines) and customers to ensure
they are addressing the year-2000 issue. Based on the risk
Emergency Response Systems
analysis, management should develop and implement an
While not a specific year-2000 problem, ground receiv- action plan to deal with any identified systems changes
ers that use the Global Positioning System (GPS) satellite required to achieve year-2000 compliance.

JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE—April 1, 1999 355


Hospitals and Medical Facilities stock-and-bond-issuing public and private enterprises that
have done very little, to date, to address their year-2000-
Year-2000-related problems have been found in medical
related issues, it would appear that there is an uncomfort-
lab equipment and other medical devices. Patient record
ably high risk of insolvency, default, and diminished market
systems could also have problems. Recommendation: The
valuations. Recommendation: State agencies and universi-
State Department of Health should initiate proceedings to
ties, as well as agencies that regulate industries that make
determine if hospitals and medical facilities have conducted
such investments, should require companies or entities is-
year-2000 risk assessments, developed a corrective action
suing bonds or stock or otherwise borrowing to document
plan, and established a date to become year-2000 ready.
their efforts to address the year-2000 problem for such state
agencies and/or regulated institutions.
Insurance Industry
The insurance industry has many of the same year-2000 State Police Issues
problems as financial institutions. Recommendation: The
State Department of Insurance should initiate proceedings The State Police needs to ensure that all safety and
to determine if insurance companies have conducted a year- protection systems function properly. This could include the
2000 risk assessment, developed a corrective action plan, statewide law enforcement microwave communications sys-
and established a date to become year-2000 ready. tems, the computer systems that contain criminal history
and offender information (including fingerprint identifica-
tion systems), the sophisticated equipment in patrol vehi-
Petrochemical Refineries and Oil/Gas-Line Distribution cles, and the jails. Recommendations: The State Police
Systems should initiate proceedings to determine if these safety and
protection systems are year-2000 ready.
Refineries and oil/gas-line distribution systems are con-
trolled by computer systems and use smart valves that could
be at risk. Recommendation: The State Railroad Commis- Transportation Control Systems
sion and NRCC should initiate proceedings to determine if
refineries and managers for oil/gas-line distribution systems Motor vehicle, highway, and railroad traffic control sys-
have conducted a year-2000 risk assessment, developed a tems use computers and devices with embedded micropro-
corrective action plan, and established a date to become cessors that could fail or produce incorrect timing se-
year-2000 ready. quences. Recommendation: (1) The State Department of
Transportation (DOT) should be made aware of the poten-
tial problem and should assist local communities with the
Telecommunication Systems identification of vendor equipment and systems that have
The voice telephone system has known problems that could year-2000 problems and the possible solutions. DOT should
result in service failures, incorrect billings, and other problems. work with the State Railroad Commission to assess the
The Federal Communications Commission (FCC) is aware of safety of highway/rail crossing sites. (2) The Railroad Com-
the problem but, as yet, has not initiated any action to ensure mission should initiate proceedings to determine if each rail
that local exchanges or the long-distance networks are ready system manager has conducted a year-2000 risk assessment,
for the year 2000. Recommendation: The PUC should initiate developed a corrective action plan, and established a date to
a proceeding to assess the year-2000 readiness of all local become year-2000 ready.
carriers and long-distance providers. The proceeding should
determine if each utility has conducted a year-2000 risk as-
Water- and Waste-Treatment Systems
sessment, developed a corrective action plan, and established a
date to become year-2000 ready. Most modern systems that control the treatment and
distribution of drinking water and waste water use comput-
ers and “smart valves” with embedded microprocessors.
State and Regulated-Industry Investments
Problems with the control systems, hardware or software, or
Several state agencies (e.g., treasurer, employee, and the smart valves could result in total system failures, con-
teacher retirement systems) and universities invest funds in tamination of ground water, and/or contamination of drink-
stocks and bonds. Moreover, several regulated industries ing water. Recommendation: The NRCC should initiate a
including banking and insurance invest in such financial proceeding to assess the year 2000 readiness of all water
instruments. Furthermore, banks make loans to other enter- districts, municipal water supplies, and waste-water treat-
prises. Economists and bankers like Federal Reserve Chair- ment facilities. The proceeding should determine if each
man Greenspan, Federal Reserve Governor Kelley, and Dr. utility has conducted a year-2000 risk assessment, devel-
Edward Yardeni have all indicated that there is a high oped a corrective action plan, and established a date to
probability that some degree of year-2000-related economic become year-2000 ready. The NRCC also should make
problems will occur. Given the seeming large percentage of information available about known problems and potential

356 JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE—April 1, 1999


solutions for specific vendor-supplied systems and equip- Nevertheless, by mid-1998, there were indications that
ment. the tide was shifting at least in some quarters. The year-
2000 efforts in the states of New York, California, Penn-
sylvania, and Washington have conspicuous governor spon-
United We Stand, Divided We Fall
sorship and appear to be proceeding favorably. Some states
It would appear that given the late start of many govern- have even enacted spending freezes on non-year-2000-re-
mental entities to begin solving their own year-2000 prob- lated information technologies. Legislation is pending in
lems, let alone deal with their regulatory responsibilities in California that will effect some of the policies suggested at
this regard, combined with the large number of potential the beginning of this article. Heretofore totally inert federal
problem areas as outlined above, that in most cases it is not agencies like the Federal Communication Commission, the
possible to mitigate all of the risks faced by any particular Food and Drug Administration, and the Nuclear Regulatory
country, state, municipality, community, enterprise, family, Commission are beginning to show signs of year-2000-
or individual. This calls for: related regulatory life. Even the White House has demon-
strated a growing concern and created the President’s Coun-
(1) Serious risk-based triage so that the available resources cil on the Year-2000 Conversion. Where this all leads us by
and time can be focused on the industries, agencies, January 2000 depends on just how many of these kinds of
enterprises, and systems that pose the greatest potential activities take place in the months ahead.
for disruption and/or devastation; as well as
Whether we think so or not, every one of us is a com-
(2) adequate contingency planning and preparations to en-
sure the continuation of essential governmental, infra- puter user and every one of us depends on information
structure, social, civic, medical, and business services in technologies for essential goods and services. In the final
the event of, what appears to be, the inevitable difficul- analysis, it is a matter of individuals at every level of society
ties that will ensue when the century hand strikes 20. choosing to face this problem and doing something about it.
The success of a county governed of the people, by the
It is not government’s responsibility to do this alone. It is people, and for the people depends on the actions of its
up to each one of us to do our part, but government does citizenry. So, when it comes to the year-2000 problem, ask
share some of the responsibility. Regrettably, many govern- yourself: Am I part of the problem or part of the solution?
ment agencies have done absolutely nothing with regard to The choice is yours.
year-2000 related risks that are undoubtably their responsi-
bility (e.g., the EPA and the President’s Council on Critical
Infrastructure Protection (PCCIP)). At the state government Acknowledgments
level, more energy has gone into year-2000 liability-limit-
ing legislation than into actual efforts to ascertain and Earlier partial versions of this article appeared in the
resolve year-2000 problems. So preposterous are these ac- book, Year 2000 Problem: Strategies and Solutions from
tivities that Nevada has gone so far as to declare year-2000 the Fortune 100 (Leon A. Kappelman, Ed., 1997, Boston:
damages by government agencies to be merely “acts of International Thomson Press, ISBN 1-85032-913-3; for
God”— certainly not the kind of motivation state agencies information, call toll-free 888-906-8410 or visit www.
need to give year-2000 remediation their best efforts. Does year2000.unt.edu/book) and the Year/2000 Journal, 1(6),
legislative irresponsibility know no bounds? 1997.

JOURNAL OF THE AMERICAN SOCIETY FOR INFORMATION SCIENCE—April 1, 1999 357

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