Clinton Proposes Weak Year 2000 Litigation Reform Bill

(July 15, 1998)  President Bill Clinton proposed in a speech at the National Academy of Science on Tuesday that businesses which share information about their Year 2000 conversion readiness be protected by a "Good Samaritan" law.  However, Clinton's proposed bill, as described in the carefully worded speech, would actually offer very little protection to businesses.  Al Gore also spoke at the event.

Clinton stated that a bill would be introduced in Congress later this week.  He also proposed using retired federal workers with programming backgrounds to assist in the government's conversion process.  Clinton and Gore also reported on the status of conversion in various federal agencies.

Clinton explained the need for "Good Samaritan" legislation:

Today, too many businesses are understandably reluctant to share information, fearing legal complication. We have to take prudent steps to clear away any legal barriers to effective action. Earlier this month the Justice Department stated that competitors who merely share information on how to solve this problem are not in violation of the nation's anti-trust laws. We need to get that message out there loud and clear: no one should be afraid to help another company to deal with this challenge.

However, his proposed legislation would be very limited:

This week I will propose good Samaritan legislation to guarantee that businesses which share information about their readiness with the public or with each other, and do it honestly and carefully, cannot be held liable for the exchange of that information if it turns out to be inaccurate.

The bill's protection would only apply to suits based on sharing of information.   Moreover, it would not affect suits for fraud, misrepresentation, or negligence.   Few suits would be barred, based on the description in Clinton's speech.

Use of Retired Federal Programmers

Both Clinton and Gore also stated that the federal government would tap retired government programmers to assist in the task of making government computer systems year 2000 compliant.

Clinton stated that "we need literally an army of programmers and information technology experts to finish the task. Many of the computers involved are decades old; some of them use programming language no longer used or even taught. There is a wealth of knowledge in America's tens of thousands of retirees who once worked in the computer industry or government as programmers or information technology managers. I'm pleased to announce that the Department of Labor will expand its jobs bank and talent bank to help to meet this challenge."

Gore stated that "Our Office of Personnel Management is currently working to make sure that every agency has the talent and the personnel needed to address this issue. Last March OPM issued a memorandum that will enable us to bring back retired government programmers to meet this challenge without requiring them to give up their retirement benefits."

Status of Government Conversion Programs

Clinton stated that the administration's goal is to have all federal government computers compliant by March 1999.  John Koskinen is heading the President's council on Year 2000 problems.

Clinton stated that "we have to put our own house in order, to make certain that government will be able to continue to guard our borders, guide air traffic, send out Social Security and Medicare checks, and fulfill our other duties. We've worked hard to be ready. I set a government-wide goal of full compliance by March of 1999."

To demonstrate the enormity of the government's task, Clinton cited the example of the Health Care Financing Administration (HCFA), which runs Medicare.  It "processes almost 1 billion transactions a year. It' s computer vendors must painstakingly renovate 42 million lines of computer code."

"We have made progress," said Clinton.  "The Social Security Administration has more than 90 percent of its critical systems ready. Other agencies, like EPA, FEMA, and the VA, are well on their way to meeting our goal. But not every agency is as far along as it should be. I have made it clear to every member of my Cabinet that the American people have a right to expect uninterrupted service from government and I expect them to deliver."