Section. 1. Title. -
This
Act shall be known as "Philippine Year 2000 Disclosure and
Readiness
Act".
Sec. 2. Coverage.
- All computer-based systems, products, services and products with
embedded
systems shall be covered by this Act.chan
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Sec. 3. Declaration of
State Policies. - In meeting the challenges posed by the millennium
bug, the State recognizes the vital importance of science and
technology
in providing a stable environment for the national development agenda.
It likewise recognizes the need to protect the public from the effects
of Y2K problem. The State needs to attain Y2K readiness to protect the
national interest and safeguard the state of well being of the Filipino
nation.
Sec. 4. Definitions of
Terms. - Whenever used in this Act, the following terms shall mean:
Commission - shall
refer
to the Presidential Commission on Year 2000 Compliance created by
virtue
of Executive Order 14 issued on August 19, 1998.
"Y2K bug" or "Millennium
bug" shall refer to the inability of computer-based systems and
products
which include software and hardware, and products with embedded systems
hereafter referred to as "systems and products" to function properly at
the turn of the century.
c. "Y2K compliant systems
and products" that have satisfied the criteria defined by the
British
Standards Institute such as:
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No value for current
date
will cause any interruption in operation.
Data based functionality
must behave consistently for dates prior to during and after the Year
2000.
In all interfaces and data
storage, the century in any date must be specified either explicitly or
by unambiguous algorithms or inferencing rules.
Year 2000 must be recognized
as a leap year: or other criteria identified by the Commission shall
function
as they are supposed to function after the turn of the century.
d. "Y2K ready"
shall
refer to the state inferred to persons or entities whose Y2K compliant
systems and produces, if interfaced with extraneous systems and
products,
may not necessarily produce Y2K compliance but nevertheless have
already
in place a contingency to deal with the effects of the Y2K bug.
"Embedded systems"-
shall
refer to processes or chips in computers, or in electronic, mechanical
or other products containing programmed instructions that perform
control,
protection and monitoring functions.
"Life-threatening"
shall refer to systems and products perceived to cause healtrh hazards
or pose danger to personal safety if not remediated.
"Year 2000 processing"
shall refer to processing including calculating, comparing, sequencing,
displaying, or storing and transmitting, or receiving of data from,
into,
and between the 20th and 21st centuries, and during the years 1999 and
2000, and leap year calculations.
"Maker" shall refer to
person or entity, including the Philippine government or any political
subdivision thereof, that develops, prepares and issues a year 2000
statement.
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"Year 2000
Statement"
shall refer to any communication or other conveyance of information
expressed
in plain written English by a party to another.
Concerning an
assessment,
projection, or estimate regarding Year 2000 processing capabilities of
systems and products.
Concerning plans, objectives,
or timetables for implementing or verifying the year 2000 processing
capabilities
of systems or products.
Concerning test plans, test
dates, test results, or operational problems or solutions related to
year
2000 processing by systems or products.
Reviewing, commenting on,
or otherwise directly or indirectly relating to year 2000 processing
capabilities.
Concerning contingency plans
expressing at least worst case scenarios as a result of a Y2K bug; and
An assertion of whether
or not the entity, product, service or set of products and services is
Y2K ready.
"Year 2000 readiness
disclosure" shall refer to any written year 2000 statement submitted by
the Maker to the Commission, or to another concerned government agency
as may be determined by the Commission, and an assertion covered in
Section
4(i)(6) of this Act to private entities with whom the Maker may have
transactions
with.
"Year 2000 remediation
product or service" shall refer to a licensed software program, service
licensed or device sold, or rendered by a person or entity and
specifically
designed to test or correct year 2000 processing problems with respect
to systems, products, or services manufactured or rendered by another
person
or entity.chan
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"Mission-critical" shall
refer to sectors belonging to utilities, telecommunications,
transportation,
finance, healthcare, manufacturing and government services, or in other
sectors and entities as may be determined by the National Security
Council
(NSC) after due publication in a newspaper of general circulation,
whose
impact is life-threatening, has the potential of affecting larger
groups
of the population and a greater impact on the economy, or may
jeopardize
national security, regardless of whether the are private or public
entities.
"Y2K
solution provider"
shall refer to any company or entity providing a Year 2000 remediation
product or service.
Sec. 5. Disclosure of
Year 2000 Statement. - Any provision of law to the contrary
notwithstanding,
all government entities, private corporations, partnerships,
associations,
and individuals covered by Section 4(1) of this Act, are deemed as
engaging
in mission-critical activities and therefore are required to disclose
in
accordance with Section 4(j) of this Act, a Year 2000 statement
including
their contingency plans formulated to address the millenium bug problem.
The NSC shall coordinate
with the Commission to ensure the publication of the assertion
prescribed
in Section 4(I)(6) of this Act in a newspaper of general circulation
for
as long as national security will not be jeopardize. The publication
shall
include three (3) disclosure categories, namely: a listing of those
entities
that have asserted as being Y2K ready; not Y2K ready; or not having
disclosed
at all.
Sec. 6. Effect of
Non-Disclosure
Statement. - In the event of non-disclosure of a Year 2000
statement
by government entities, private corporations, associations, and
individuals
covered by Section 4(1) of this Act, there shall be a disputable
presumption
that their systems and products are not Y2K ready for purposes of any
action
brought by another party against them.
Sec. 7. Protection
for
Year 2000 Statement Disclosure - A Year 2000 statement, in whole
or
in part made in good faith, shall not be admissible against the Maker
of
the disclosure to prove the accuracy or truth of the Year 2000
statement
in any action bought by another party.
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Sec. 8. Liabilities.
- Except as otherwise provided in the preceding sections, all
manufacturer’s,
distributors, producers, vendors, dealers, entities covered in, but not
limited to , Section 4(I) of this Act, and makers as the case may be,
shall
be liable for damages for any malfunctioning or defects of their
systems
and products if not Y2K ready in accordance with existing laws insofar
as they are applicable.
Sec. 9. Implementing
Agency. - The Commission shall enforce the provisions of this Act
and
within Fifteen (15) days from its effectivity, promulgate the necessary
implementing rules and regulations.
The Commission may require
other government agencies to assist the Commission in implementing and
enforcing this Act and other laws, rules and regulations on Y2K.
Sec. 10. Y2K
Remediation.
- All government agencies may undertake Y2K remediation activities
that shall utilize Y2K solution providers from private sector or public
sector entities, including the Technology Livelihood Resource Center
(TLRC).
The acquisition of Y2K solutions shall be conducted by canvass
notwithstanding
any amount to determine the provider with the solution most
advantageous
to the government that could necessarily be, but not limited to, the
lowest
cost with equivalent or higher quality of work compared to the other
solutions
being offered by other participating solution providers in the canvass.
Notice announcing the canvass shall be given to the Commission and the
TLRC, and published once in a newspaper of general circulation.
Sec. 11. Contingency
planning. - The National Security Council, as lead agency, shall
formulate
a National Y2K Contingency Plan in collaboration with the following:
Commission,
Department
of Science
and
Technology (DOST),
National
Computer
Center
(NCC),
National
Disaster
Coordinating
Council (NDCC), and
Technology
and
Livelihood
Resource Center (TLRC);
taking into consideration the
respective plans of the agencies and companies included in Section 4
(1)
herein. The Commission, DOST, NCC, NDCC and the TLRC shall provide
technical
and administrative support to the NSC as may be needed to implement the
provisions of this Act.
Government agencies shall
submit to the NSC, as may be directed by the latter, their own
contingency
plans that will outline the steps to be taken in case disruption occur
in public services due to the millennium bug, and which will further
escalate
into emergency proportions.
In case of actual disruptions,
the contingency plan shall be executed by the head of the agency
concerned.
The NSC shall issue the
necessary
rules and guidelines to implement this provision.
Sec. 12. Non-compliance
of this Act by Agency Heads. - Heads of government agencies who
failed
to comply with the provisions of this Act shall be charged
administratively
without prejudice to the filing of civil or criminal cases against
them,
as the cases may warrant.
Sec. 13. Appropriations.
- Such sum as may be necessary to implement the provisions of this Act
shall be charged against the Contingent Fund. Provided, however,
That funds needed by individual government agencies for their Y2K
remediation
activities and all other Y2K activities shall be primarily sourced from
the agencies existing appropriations and savings, as such, the
government
agencies may realign funds therefor from any budget expense class of
existing
agency programs and projects without the need of prior individual
authority
or approval from the Department of Budget and Management for only Y2K
remediation
activities and directly related Y2K readiness activities.chan
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Thereafter, the amount
necessarily
for the continued implementation of this Act shall be included in the
succeeding
General Appropriations Act of 2000.
Sec. 14. Reportorial
Requirements. - The implementing and concerned agencies shall
submit
a report on all the realignments or use of savings and other budgetary
adjustments made to the House Committee on Appropriations, Senate
Committee
on Finance, and the Committees on Science and Technology of both
Houses,
copy furnishing the Department of Budget and Management and the
Commission
on Audit within thirty (30) days after such adjustments are made.
Likewise, the
Commission
in coordination with NSC, DOST,NCC, NDCC, and TLRC shall submit a
monthly
report to the President and to the Committees on Science and Technology
of both Houses on the status implementation of this Act including
violations
thereof until such times as maybe determined by the Congressional
Oversight
Committee on the Y2K bug.
Sec. 15. Congressional
Oversight on the Y2K Bug. - There hereby created a
Congressional
Oversight Committee on the Y2K bug to review and assess, among others,
the disclosure and state ofY2K readiness and the implementation of this
Act. The Congressional Oversight Committee shall be composed of five
(5)
members of of the Senate and 5 members from the House of
Representatives.
It shall be co-chaired by the chairpersons of the Committee on Science
and Technology of both Houses. Such congressional review and oversight
shall be undertaken monthly beginning fifteen (15) days after the
effectivity
of this Act and thereafter as may be determined by the oversight
Committee.
Sec. 16. Repealing
Clause.
- All laws, decrees, executive orders, rules and regulations, and other
issuance inconsistent with the provisions of this Act are hereby
repealed
or modified accordingly.
Sec. 17. Separability
Clause. - If for any reason, any provision of this Act is declared
invalid or unconstitutional, the remainder of this Act shall not be
affected.
Sec. 18. Effectivity.
- This Act shall take effect immediately upon publication in a
newspaper
of general circulation.chan
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Approved:
June 01, 1999
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