43.5301 Definitions.

Cite as [A.S.C.A. § 43.5301]

As used in this chapter, unless the context clearly requires otherwise:

(1) “Y-2K error” is the failure of a computer-based system to accurately store, display, transmit, receive, process, calculate, compare, or sequence date and time data from , into, or between the twentieth and twenty-first centuries, the years 1999 and 2000 and beyond, and leap year calculations.

(2) “Computer-based system” includes any computer or other information technology system, and any electronic device that controls, operates, monitors, or assists in the operation or functioning of equipment, machinery, plant, or a device using an embedded or installed microprocessor or chip.

(3) “Consumer” means a natural person who, primarily for personal, family, or household purposes, purchases, attempts to purchase, or is solicited to purchase goods or services.

(4) “Core activities” means those business activities of a person which are supported by computer-based systems and which have been identified by the person, based on reasonable internal criteria, as being central to the continued operation of the business.

(5) “Remediation steps” for a person addressing potential Y-2K errors generally consist of awareness, assessment, renovation, validation, and implementation. The reasonableness of those steps will be determined by the circumstances, including the sophistication of and resources available to the person carrying them out.

(A) The awareness step generally includes providing supervisory personnel with information about the Y-2K problem and the designation of personnel to deal with the potential for Y-2K errors.

(B) The assessment phase generally includes a determination of the impact of potential Y-2K errors on the person (including those caused by computer-based systems controlled by the person and those controlled others), identification of core activities, a physical inventory of potentially affected computer-based systems supporting core activities, prioritization of items with potential Y-2K errors to create a remediation schedule, determining whether the item records dates or processes date information, identifying and obtaining resources to address potential Y-2K errors, the development of a remediation strategy for each item with the potential for Y-2K errors, and the development of a recovery plan to handle those Y-2K errors which are reasonably likely to occur.

(C) The renovation step generally includes the conversion, upgrade, replacement, or elimination of computer-based systems supporting core activities which are subject to

Y-2K errors.

(D) The validation step generally includes validating existing, converted, or replaced computer-based systems supporting core activities, “validating” means:

(i) Testing the item to actually simulate the transition from December 31, 1999 to January 1, 2000, the processing of other date data which may reasonably be expected to trigger a Y-2K error, and a determination that no Y-2K error occurs; and

(ii) Where the item has been renovated to correct known or suspected Y-2K errors, testing to assure that the item continues to properly perform its functions without error. This testing is not reasonably possible, the validation step consists of securing documentation from the developer or vendor of a computer-based system supporting core activities that it is free of potential Y-2K errors. This includes vendors of core business functions, services, or supplies to understand the risk posed by the person’s supply chain.

(E) The implementation step generally includes the placing of renovated or replaced computer-based systems into production use. Where a computer-based system cannot reasonably be renovated, the implementation step generally includes the implementation of a work-around designed to avoid the effect of the potential Y-2K errors. Additionally, this step includes the implementation of contingency or recovery plans for those Y-2K errors which are reasonably likely to occur. Where applicable, the person’s highest level of management should determine what efforts are to be made and what resources are to be used in carrying out the remediation steps, and monitoring the progress of the remediation steps.

(6) “Claimant” is the plaintiff in a lawsuit or a person otherwise asserting a claim.

(7) “Respondent” is the defendant in a lawsuit or a person otherwise defending against a claim, and includes those persons who are liable on a claim, but who were not made a party to the lawsuit or other assertion of the claim.

(8) “Board” means any agency, board, commission, authority, or committee of the American Samoa Government or its political subdivisions that is created by constitution, statute, rule, or executive order to have supervision, control, jurisdiction, or advisory power over specific matters.

(9) “Government employee” includes an officer or employee of the ASG, or board, including a person acting on behalf of a board in an official capacity, temporarily or permanently, whether with or without compensation.

(10) “Joint tort-feasors” refers to two or more persons jointly or severally liable in tort for the same injury to person or property.

History: 1999 PL 26-15.