GROUP OF THE INSTITUTE FOR ELECTRICAL AND ELECTRONICS
           ENGINEERS, THE IEEE PROVIDES THE BEST ANALYSIS AND EXPLANATIONS
           I HAVE SEEN OF THE COMPLEXITY OF Y2K LITIGATION, OF WHY THE
           ARGUMENT WE HEARD DURING THE FLOOR DEBATE THAT THE BILL IS
           DESIGNED TO PROTECT BAD ACTORS AND THAT IT FAILS TO PROVIDE
           SUFFICIENT INCENTIVES FOR REMEDIATION IS GENERALLY HOLLOW, AND
           OF WHY IT IS SO IMPORTANT THAT WE DO WHAT WE CAN TO MINE
           RECOGNIZE THE ECONOMICALLY PAIR RA LIESING EFFECTS OF A

           PREDICKABLE AND UTTERLY OVERWHELMING LEGAL SNARL. THE
           MEMORANDUM IS PARTICULARLY COMPELLING BECAUSE ITS AUTHORS DO
           NOT REPRESENT BUSINESSES THAT MAY BE SUED BUT ARE MEMBERS OF AN
           INTERNATIONAL NONPROFIT ASSOCIATION OF ENGINEERS AND COMPUTER
           SCIENCES. THE MEMORANDUM IS SO GOOD, MR. PRESIDENT, THAT RATHER
           THAN SIMPLY TO PUT IT IN THE RECORD, I WILL READ THE MOST
           IMPORTANT AND PRINCIPAL PARTS OF THAT MEMORANDUM. AND I QUOTE
           -- "WE" -- THAT TO SAY THIS TECHNICAL INFORMATION FOCUS GROUP

           -- "OFFER THESE ADDITIONAL THOUGHTS IN HOPES THAT THEY MAY
           FURTHER ASSIST YOUR UNDERSTANDING AS YOU ATTEMPT TO RECONCILE
           TWO VERY VALID BUT CONFLICTING UNDERLYING PUBLIC POLICY GOALS
           IN STRUCTURING AND PASSING THE YEAR 2000 LIABILITY LEGISLATION
           CURRENTLY UNDER CONSIDERATION. FIRST, MINIMIZE THE OVERALL
           DAMAGE TO THE NATION'S ECONOMY AND QUALITY OF LIFE BY REDUCING
           THE NEED OF ORGANIZATIONS TO REDIRECT THEIR LIMITED RESOURCES
           AWAY FROM THE TASK OF MAINTAINING THEIR OPERATIONS IN THE FACE

           OF Y2K IN ORDER TO DEFEND THEMSELVES FROM LAWSUITS ARISING FROM
           ALLEGED Y2K FAILURES. SECOND, MAXIMIZE THE INCENTIVE OF EVERY
           ORGANIZATION TO PREVENT Y2K FAILURES AS WELL AS PRESERVE THE
           LEGAL RIGHTS AND REMEDIES AVAILABLE FOR THOSE SEEKING
           LEGITIMATE REDRESS FOR WRONGS THEY MAY SUFFER RESULTING FROM
           Y2K FAILURES. IN PARTICULAR, FOR YOUR CONSIDERATION, WE OFFER
           THE FOLLOWING POINTS PERTAINING TO THE TECHNICAL REALITIES OF
           Y2K
           

           Y2K: FIRST, PREVENTION OF ALL Y2K FAILURES WAS NEVER POSSIBLE.
           FOR MANY LARGE AND IMPORTANT ORGANIZATIONS, TECHNICAL
           PREVENTION OF ALL Y2K FAILURES HAS NEVER BEEN POSSIBLE IN ANY
           PRACTICAL WAY FOR THESE
           
           REASONS: ONE, Y2K-COMPLIANT DOES NOT EQUAL NO Y2K FAILURES. IF
           AN ORGANIZATION MAKES AWFUL ITS SYSTEMS Y2K-COMPLIANT, IT DOES
           NOT MEAN THAT THE SAME ORGANIZATION WILL NOT EXPERIENCE Y2K
           FAILURES CAUSING HARM TO ITSELF AND OTHER ORGANIZATIONS. IN
           FACT, EFFORTS TO BECOME Y2K-COMPLIANT IN ONE PLACE COULD BE THE

           DIRECT CAUSE OF SUCH FAILURES IN OTHERS. IF INTERCONNECTED
           SYSTEMS ARE MADE COMPLIANT IN DIFFERENT WAYS, THEY WILL BE
           INCOMPATIBLE WITH EACH OTHER. MANY SYSTEMS IN GOVERNMENT AND
           INDUSTRY ARE MISTAKENLY BEING TREATED AS IF THEY WERE
           INDEPENDENT AND FIXED IN THE MOST EXPEDIENT WAY FOR EACH OF
           THEM. TWO, ALL PROBLEMS ARE NOT VISIBLE OR CONTROLLABLE. IN THE
           BEST CASE, ORGANIZATIONS CAN ONLY ADDRESS THOSE THINGS THEY CAN
           SEE AND THOSE THINGS THEY HAVE CONTROL OVER. GIVEN THIS
           REALITY, MANY Y2K FAILURES ARE INEVITABLE BECAUSE SOME

           TECHNICAL PROBLEMS WILL NOT BE DISCERNIBLE PRIOR TO A FAILURE
           AND OTHERS, WHILE DISCERNIBLE, WILL NOT BE WITHIN AN
           ORGANIZATIONAL'S JURISDICTIONAL ABILITY TO CORRECT. THIS IS
           ESPECIALLY TRUE IN ORGANIZATIONS WITH LARGE AMOUNTS OF RICHLY
           INTERECT CONNECTED SOFTWARE INVOLVED IN A LONG AND COMPLEX
           INFORMATION CHAINS AND IN SYSTEMS CONTAIN AGO HIGH DEGREE OF
           EMBEDDED SYSTEMS PURCHASED IN WHOLE FROM EXTERNAL POLICIES.
           THREE, INCOMING DATA MAY BE BAD OR MISSING. TO MAINTAIN THEIR
           OPERATIONS, MANY ORGANIZATIONS REQUIRE DATA IMPORTED FROM OTHER

           ORGANIZATIONS OVER WHICH THEY HAVE NO CONTROL. SUCH DATA MAY
           HAVE UNKNOWINGLY BEEN CORRUPTED, MADE IN INCOMPATIBLE BY
           MISGUIDED COMPLIANCE EFFORTS OR MISSING DUE TO THE UPSTREAM
           ORGANIZATION'S LAWFUL BUSINESS DECISIONS. FOUR, COMPLEXITY
           KILLS. THE INTERNAL COMPLEXITY OF LARGE SYSTEMS, THE FURTHER
           COMPLEXITY DUE TO THE RICH INTERCONNECTION BETWEEN SYSTEMS, THE
           DIVERSITY OF THE TECHNICAL ENVIRONMENTS IN TYPE AND VINTAGE OF
           MOST LARGE OR,S AND THE NEED TO MAKE EVEN SMALL CHANGES IN MOST

           SYSTEMS WILL OVERWHELM THE TESTING INFRASTRUCTURE THAT WAS
           NEVER DESIGNED TO TEST EVERYTHING AT ONCE. HENCE, MUCH SOFTWARE
           WILL HAVE TO BE PUT BACK INTO USE WITHOUT COMPLETE TESTING, A
           RECIPE, ALMOST A COMMANDMENT, FOR WIDESPREAD FAILURES. THE
           SECOND MAJOR SUBJECT -- DETERMINING LEGAL LIABILITY WILL BE
           VERY DIFFICULT. TRADITIONALLY, THE MAKERS OF PRODUCTS THAT
           UNDERLIE CONSUMER OPERATIONS ARE LIABLE IF THOSE PRODUCTS ARE
           DEFECTIVE ENOUGH TO UNREASONABLY INTERFERE WITH THOSE
           OPERATIONS RESULTING IN DAMAGE. Y2K IS DIFFERENT IN THAT THOSE

           CUSTOMERS THEMSELVES ARE ALSO AT RISK FOR LEGAL ACTION IF THEY
           FAIL TO FULFILL A CONTRACTUAL OBLIGATIONS OR FAIL TO MAINTAIN
           THEIR STOCK VALUES AND THEIR FAILURE TO FIX THEIR Y2K PROBLEMS
           CAN BE SHOWN AS THE CAUSE. THIS CUSTOMER BASE OF TECHNOLOGY
           PRODUCERS CANNOT BE OVERLOOKED IN THIS ISSUE. AS IT CONSTITUTES
           MOST OF THE ORGANIZATIONS IN THE WORLD, ITS NEEDS AND THE
           COMPLICATIONS OF -- IMPLICATIONS OF LEGISLATIVE RACKSS ON IT
           NOW SHOULD NOT BE OVERSHADOWED BY UNDUE FOCUS ON THE MUCH
           SMALLER TECHNOLOGY-PRODUCER SECTOR. NONETHELESS, EVEN THEIR

           LIABILITY IS NOT CLEAR AS TRADITION MIGHT INDICATE. SEVERAL
           FACTORS MAKE LIABILITY DETERMINATION DIFFICULT, EXPENSIVE,
           TIME-CONSUMING AND NOT AT ALL CERTAIN. FIRST, THERE IS A SHARED
           RESPONSIBILITY BETWEEN BUYERS, SELLERS AND USERS OF TECHNOLOGY.
           COMPUTER PRODUCTS THEMSELVES HAVE ONLY CLOCKS THAT HAVE DATE IN
           THEM. APPLICATION SOFTWARE PRODUCTS USUALLY OFFER OPTIONAL WAYS
           OF HANDLING DATES. THE CONSUMER USERS ORGANIZATIONS, ESPECIALLY
           LARGER OLDER ONES, HAVE CREATED MUCH OF THEIR APPLICATION

           SOFTWARE IN HOUSE. WHEN NEW PRODUCTS ARE INTRODUCED, THE
           CUSTOMER USERS USUALLY HAS VAST AMOUNTS OF DATA ALREADY IN
           PLACE THAT HAVE DATE FORMATS AND MEANING ALREADY ESTABLISHED.
           THESE FOREMATTERS AND MEANINGS CANNOT BE CHANGED AS A PRACTICAL
           MATTER. THE MAJORITY OF AND THE LONGEST-LASTING POTENTIAL
           SYSTEM PROBLEMS LAY IN APPLICATION SOFTWARE AND THE DATA THEY
           PROCESS, NOT IN CLOCK FUNCTIONS. CLOCK-BASED FAILURES, THOSE
           LIKELY TO HAPPEN EARLIER THAN JANUARY 2000, WHILE TROUBLE

           TROUBLESORPBLGS WILL BE LOCALIZED IN AND OF SHORT DURATION OF
           THE VARIOUS SERVICE PROVIDERS CAN BE OPTIONALLY CALLED IN TO
           HELP PLAN AND APPLY TECHNOLOGY FOR BUSINESS PURPOSES BUT IT IS
           ONLY WHEN THESE ARE ALL MERGED TOGETHER AND PUT TO ACTUALLY USE
           THAT FAILURES CAN EMERGE. IT IS VERY RARE THAT ONE OF THEM
           ALONE CAN CAUSE A FAILURE THAT CARRIES LEGAL CONSEQUENCES. TWO,
           MANY THINGS ARE OUTSIDE THE CONTROL OF ANY DEFENDANT. INCOMING
           DATA FROM EXTERNAL SOURCES OUTSIDE ITS CONTROL MAY BE
           CORRUPTED, INCOMPATIBLE OR MISSING. DEVICES AND SYSTEMS

           EMBEDDED IN CRITICAL-PURCHASED EQUIPMENT MAY BE BEYOND THE
           DEFENDANT'S KNOWLEDGE OR LEGAL ACCESS. NONTECHNICAL GOODS AND
           SERVICES, THE DEFENDANT DEPENDS UPON, MAY NOT BE AVAILABLE DUE
           TO Y2K PROBLEMS WITHIN THEIR SOURCE ORGANIZATION OR
           DISTRIBUTION CHANNEL. THREE, THERE WILL BE STRONG DEFENSE --
           THERE WOULD BE A STRONG DEFENSE OF IMPRACTICAL ABILITY.
           EXISTING LARGE-SCALE SYSTEMS WERE NOT MADE SAFE FROM Y2K LONG
           AGO FOR GOOD REASONS. MANY SYSTEMS RESIST LARGE-SCALE
           MODERNIZATION, E.G., I.R.S., F.A.A. AIR TRAFFIC CONTROL,

           MEDICARE FOR THE SAME REASONS. WIDESPREAD COORDINATED
           MODIFICATIONS ACROSS ENTRENCHED DIVERSE SYSTEMS IS SECICALLY
           DIFFICULT IF NOT IMPOSSIBLE AT THE CURRENT LEVEL OF
           TRANSFORMATIONAL TECHNOLOGY. NEW PRODUCTS MUST BE MADETO
           OPERATE WITHIN THE ESTABLISHED ENVIRONMENT ESPECIALLY DATE-DATA
           FOREMATTERS. TECHNOLOGY PRODUCERS WILL CLAIM, WITH REASON, THAT
           THE DETERMINING FACTOR IN ANY Y2K FAILURES LAY IN THE WAY THE
           CUSTOMER CLOSE DHO INTEGRATE ITS PRODUCTS INTO ITS ENVIRONMENT.
           IT WILL BE ASSERTED BY USER ORGANIZATIONS THAT ECONOMIC

           IMPRACTICAL KABITL PREVENTED THE PREVENTION OF Y2K FAILURES.
           REGARDLESS. JUDICIAL OUTKOLS, IT WILL TAKE A LONG TIME AND MANY
           RESOURCES TO FINALLY RESOLVE. AND THAT RESOLUTION MAY HAVE TO
           COME IN THOUSANDS OF SEPARATE CASES. THE THIRD MAJOR REASON --
           COMPLEXITY AND TIME NEGATES ANY LEGAL LIABILITY INCENTIVE. EVEN
           IF MAKING ALL OF AN ORGS SYSTEMS Y2K-COMPLIANT WOULD RENDER AN
           ORGANIZATION IMMUNE FROM Y2K FAILURES -- AND IT WILL NOT -- THE
           SIZE AND COMPLEXITY OF THE UNDERTAKING IS SUCH THAT IF ANY BUT

           THE SMALLEST ORGANIZATIONS IS NOT ALREADY WELL INTO THE WORK,
           THERE IS NOT ENOUGH TIME FOR THE INCENTIVE OF LEGAL LIABILITY
           TO HAVE ANY DISCERNIBLE POSITIVE EFFECT ON THE OUTCOME. AS AN
           ANALOGY, PROVIDING ANY KIND OF INCENTIVE TO LAND A MAN ON MARS
           WITHIN ONE YEAR WOULD HAVE NO EFFECT ON NINS EFFORTS TO ACHIEVE
           THAT UNLESS THEY HAD BEEN ALREADY WORKING TO THAT END FOR MANY
           YEARS. A NEGATIVE EFFECT WILL RESULT FROM MANAGEMENT DIVERTING
           RESOURCES FROM PREVENTION TO LEGAL PROTECTION. FOUR, THE THREAT

           OF LEGAL ACTION IS A DANGEROUS DISTRACTION AT A CRITICAL TIFMTE
           THERE WILL BE SYSTEM FAIL URX ESPECIALLY IN LARGE, ORXLD RICHLY
           INTERCONNECTED SYSTEMS OF SYSTEMS AS EXIST IN THE FINANCIAL
           SERVICES AND GOVERNMENT SECTOR. THE QUESTION IS HOW TO KEEP
           SUCH TECHNICAL FAILURES FROM BECOMING BUSINESS OR
           ORGANIZATIONAL FAILURES. WE SHOULD BE ASKING OURSELVES HOW WE
           AS A SOCIETY CAN BEST KEEP THE FLOW OF GOODS AND SERVICES GOING
           UNTIL THE TECHNICAL PROBLEMS AND FAILURES CAN BE OVERCOME. THE
           FOLLOWING POINTS BEAR ON
           
           THESE QUESTIONS: FIRST, Y2K IS A LONG-TERM, NOT SHORT-TERM,

           PROBLEM. IRRESPECTIVE OF THE NOTION OF Y2K BEING ABOUT A TIME
           -- A POINT IN TIME, OR THE FIXATION ON THE ROLLOVER EVENT ON
           DECEMBER 31, 1999, OR EVEN THE NAME "YEAR 2000" ITSELF, Y2K
           COMPUTER PROBLEMS WILL BE CAUSING PROBLEMS FOR YEARS INTO THE
           NEXT DECADE. Y2K IS MUCH MORE ABOUT DATES THAT CAN SPAN THE
           CENTURY BOUNDARY REPRESENTED IN DATA THAT MUST BE PROCESSED BY
           SOFTWARE THAN IT IS ABOUT ANY CALENDAR, TIME, OR CLOCK ISSUES.

           THE CURRENT PHASE IS ONLY THE BEGINNING. SECOND, RAPID AND
           EFFECT U WAL ORGANIZATION ADAPTABILITY WILL BE A PRIME
           NECESSARYTY. THE KEY TO AN ORGANIZATION'S ABILITY TO CONTINUE
           TO PROVIDE THE GOODS AND SERVICES OTHER ORGANIZATIONS AND
           INDIVIDUALS NEED TO CONTINUE THEIR OPERATIONS WILL BE
           DETERMINED BY AN ORGANIZATION'S ABILITY TO ADAPT ITS PRACTICES
           AND POLICIES QUICKLY AND EFFECTIVELY IN THE FACE OF POTENTIALLY
           NUMEROUS, RAPID, AND UNEXPECTED VAINTSS. THIRD, LAWSUITS,
           ACTUAL OR THREATENED, WILL DIVERT REQUISITE RESOURCES.

           PREVENTING AND MINIMIZING HARM TO SOCIETY FROM Y2K DISRUPTION
           IS DIFFERENT THAN AND AT TIMES OPPOSED TO PROTECTING ONE'S
           ORGANIZATION FROM LEGAL LIABILITY. ADDRESSING LAWSUITS AND
           EVENING THE THREAT OF A LAWSUIT WILL DIVERT REQUISITE RE
           RESOURCES PARTICULARLY MANAGEMENT'S ATTENTION FROM AN
           ORGANIZATION'S RAPID AND EFFECTIVE ADAPTATION. THIS IS ALREADY
           HAPPENING REGARDING TECHNICAL PREVENTION AND WILL GET WORSE THE
           LONGER SUCH LEGAL THREATS REMAIN. ORGANIZATIONAL MANAGEMENT HAS
           MUCH MORE EXPERIENCE DEALING WITH LEGAL THREATS THAN THEY DO

           ADDRESSING SOMETHING AS UNIQUE AND UNPRECEDENTED AS Y2K. THEIR
           TENDENCY IS TO ADDRESS THE FAMILIAR AT THE EXPENSE OF THE
           NOVEL. THEY MUST BE ALLOWED TO FOCUS ON THE GREATER GOOD. AND,
           FOURTH, JUDICIAL SYSTEM OVERLOAD IS ANOTHER DANGER. GIVEN THE
           GREAT INTERACTIVE AND INTERDEPENDENT COMPLEXITY OF Y2K'S IMPACT
           ON THE OPERATION OF OUR INSTITUTIONS ON A NATIONAL AND GLOBAL
           SKRKAIL THE EFFORT TO DETERMINE EXACTLY WHAT HAPPENED, WHY IT
           HAPPENED, AND WHO IS LEGALLY RESPONSIBLE FOR EACH MICROEVENT IS

           ITSELF A HUGE TAUNDZ D UNDERTAKING. FOR THE LEGAL AND JUDICIAL
           SYSTEM TO ATTEMPT TO RESOLVE THE LEGAL RIGHTS AND REMEDIES OF
           AFFECTED PARTIES WHILE Y2K IMPACTS ARE STILL UNFOLDING WILL, IN
           ANY KAIRX THREATEN TO OVERWHELM THE LEGAL AND JUDICIAL SYSTEMS'
           CAPACITY TO ASSURE JUSTICE IN THE MATTER LET ALONE ITS ABILITY
           TO CONTINUE TO ITS SHALL TO DO ITS OTHER NECESSARY WORK. WE
           SUPPORT LIMITATIONS OFTEN Y2K-RELATED LEGAL LIABILITY.
           MINIMIZING HARMED AND ASSESSING BLAME ARE EACH FORMIDABLE AND
           IMPORTANT TASKS BUT THEY CANNOT BE DONE SIMULTANEOUSLY WITHOUT

           SACRIFICING ONE FOR THE OTHER. MINIMIZING HARM IS MORE
           IMPORTANT AND THERE IS AN INCREASED THREAT TO OUR WELFARE FOR
           ASSESSING BLAME ADVERSELY INTERFERES WITH OUR ABILITY TO
           MINIMIZE HARM. THE VALUE OF INCENTIVES AT THIS LATE DATE IS
           VERY SMALL. WE TRUST THAT THE COLLECTIVE WISDOM OF CONGRESS
           WILL FIND WAYS TO REDUCE THESE THREATS." MR. PRESIDENT, THE
           BILL WE PASSED EARLIER THIS WEEK IS MODEST. IT MAY VERY WELL
           NOT MEET ALL OF THE CONCERNS EXPRESSED BY THE IEEE. THE

           LEGISLATION MAY, HOWEVER, AT LEAST REDUCE THOSE THREATS. AS A
           CONSEQUENCE, WE MUST ENACT MEANINGFUL LEGISLATION AND WE MUST
           ENACT IT QUICKLY. I ASK UNANIMOUS CONSENT THAT THE SENATE
           PROCEED TO THE IMMEDIATE CONSIDERATION OF H. CON. RES. 105,
           WHICH IS AT THE DESK.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, IT IS SO ORDERED. THE
           CLERK WILL REPORT.
           

           THE CLERK: HOUSE CONCURRENT RESOLUTION 105, AUTHORIZING A LAW
           ENFORCEMENT TORCH RUN FOR THE 19 THE 9 SPECIAL OLYMPICS WORLD
           GAMES TO BE RUN THROUGH THE CAPITOL GROUNDS.
           

           MR. GORTON: I ASK UNANIMOUS CONSENT THAT THE RESOLUTION BE
           AGREED TO THE MOTION TO RE RECONSIDER BE LAID UPON THE TABLE
           AND THAT STPHAIMTS RELATING TO THE RESOLUTION APPEAR AT THIS
           POINT IN THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
           

           MR. GORTON: I ASK UNANIMOUS CONSENT THAT THE SENATE NOW PROCEED
           TO THE IMMEDIATE CONSIDERATION OF S. RES. 125, SUBMITTED
           EARLIER TODAY BY SENATORS LIEBERMAN, GREGG AND OTHERS.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, THE CLERK WILL
           REPORT.
           

           THE CLERK: SENATE RESOLUTION 125, ENCOURAGE AND PROMOTING
           GREATER INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES AND
           DESIGNATING JUNE 20, 1999, AS NATIONAL FATHERS RETURN DAY.
           

           MR. GORTON: I I ASK UNANIMOUS CONSENT THAT THE RESOLUTION BE
           AAGREED TO THE PREAMBLE BE AGREED TO THE MOTION TO RECONSIDER
           BE LAID UPON THE TABLE AND ANY STATEMENTS RELATING TO THIS
           RESOLUTION APPEAR AT THIS POINT IN THE RECORD.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION, SO ORDERED.
           

           MR. GORTON: I ASK UNANIMOUS CONSENT THAT WHEN THE SENATE
           COMPLETES ITS BUSINESS TODAY, IT STAND IN ADJOURNMENT UNTIL
           
           12:00 NOON MONDAY, JUNE 21. I FURTHER ASK THAT ON THURSDAY,
           IMMEDIATELY FOLLOWING THE PRAYER, THE JOURNAL OF PROCEEDINGS BE
           APPROVED TO DATE -- THE MORON
{END: 1999/06/18 TIME: 12-15 , Fri.  106TH SENATE, FIRST SESSION}