[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4355 Introduced in House (IH)]
2d Session
H. R. 4355
To encourage the disclosure and exchange of information about computer
processing problems and related matters in connection with the
transition to the Year 2000.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 1998
Mr. Burton of Indiana (for himself, Mr. Horn, Mrs. Morella, Mr. Davis
of Virginia, Mr. Sanford, Mr. Kucinich, Mr. Waxman, Mr. Sensenbrenner,
Mr. Barcia of Michigan, Mr. Dingell, Mr. Leach, Mr. LaFalce, Mr.
Boucher, Mr. Gordon, Ms. McCarthy of Missouri, Mr. Blumenauer, Mr.
Luther, Mr. Brown of California, Ms. DeLauro, Mr. Cummings, Mr. Moran
of Virginia, Ms. Eddie Bernice Johnson of Texas, Ms. DeGette, Mrs.
Capps, Ms. Lofgren, Mr. Doyle, and Mr. Lampson) (all by request):
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To encourage the disclosure and exchange of information about computer
processing problems and related matters in connection with the
transition to the Year 2000.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Information Disclosure
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Thousands of computer systems, software, and
semiconductors are not capable of recognizing certain dates in
1999 and after December 31, 1999, and will read dates in the
year 2000 and thereafter as if they represent the year 1900 or
thereafter. This could cripple systems that are essential to
the functioning of markets, commerce, consumer products,
utilities, government, and safety systems in the United States
and throughout the world. Reprogramming or replacing affected
systems before this problem cripples essential systems is a
matter of national and global interest.
(2) The prompt and thorough disclosure and exchange of
information related to Year 2000 readiness of entities,
products, and services would greatly enhance the ability of
public and private entities to improve their Year 2000
readiness and, thus, is a matter of national importance and a
vital factor in minimizing disruption to the Nation's economic
well-being.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of Year 2000
compliance information is impeding the disclosure and exchange
of such information.
(4) The capability to freely disseminate and exchange
information relating to Year 2000 readiness with the public and
with other companies without undue concern about litigation is
critical to the ability of public and private entities to
address Year 2000 needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the disclosure and exchange of
Year 2000 readiness information that will promote disclosures
and exchanges of such information in a timely fashion.
(b) Purposes.--Based upon the powers contained in Article I,
Section 8, Clause 3 of the United States Constitution, the purposes of
this Act are to promote the free disclosure and exchange of information
related to Year 2000 readiness and to lessen burdens on interstate
commerce by establishing certain uniform legal principles in connection
with the disclosure and exchange of information related to Year 2000
readiness.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Year 2000 statement.--The term ``Year 2000 statement''
means any statement--
(A) concerning an assessment, projection, or
estimate concerning Year 2000 processing capabilities
of any entity or entities, product, or service, or a
set of products or services;
(B) concerning plans, objectives, or timetables for
implementing or verifying the Year 2000 processing
capabilities of an entity or entities, a product, or
service, or a set of products or services; or
(C) concerning test plans, test dates, test
results, or operational problems or solutions related
to Year 2000 processing by--
(i) products; or
(ii) services that incorporate or utilize
products.
(2) Statement.--The term ``statement'' means a disclosure
or other conveyance of information by 1 party to another or to
the public, in any form or medium whatsoever, excluding, for
the purposes of any actions brought under the securities laws,
as that term is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or
materials filed with the Securities and Exchange Commission, or
with Federal banking regulators pursuant to section 12(i)
of the Securities Exchange Act of 1934, or disclosures or writings made
specifically in connection with the sale or offering of securities.
(3) Year 2000 processing.--The term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations.
(4) Year 2000 internet website.--The term ``Year 2000
Internet website'' means an Internet website or other similar
electronically accessible service, designated on the website or
service by the person creating or controlling the website or
service as an area where Year 2000 statements and other
information about the Year 2000 processing capabilities of an
entity or entities, a product, service, or a set of products or
services, are posted or otherwise made accessible to the
general public.
(5) Covered action.--The term ``covered action'' means a
civil action arising under Federal or State, law except for any
civil action arising under Federal or State law brought by a
Federal, State, or other public entity, agency, or authority
acting in a regulatory, supervisory, or enforcement capacity.
(6) Republication.--The term ``republication'' means any
repetition of a statement originally made by another.
(7) Consumer.--The term ``consumer'' means an individual
who buys a consumer product other than for purposes of resale.
(8) Consumer product.--The term ``consumer product'' means
any personal property or service which is normally used for
personal, family, or household purposes.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) In General.--Except as otherwise provided in subsection (c), in
any covered action, to the extent such action is based on an allegedly
false, inaccurate, or misleading Year 2000 statement, the maker of any
such statement shall not be liable under Federal or State law with
respect thereto unless the claimant establishes, in addition to all
other requisite elements of the applicable action, that the statement
was material, and--
(1) where the statement was not a republication, that the
statement was--
(A) made with knowledge that the statement was
false, inaccurate, or misleading;
(B) made with an intent to mislead or deceive; or
(C) made with a grossly negligent failure to
determine or verify that the statement was accurate and
not false or misleading; and
(2) where the statement was a republication of a statement
regarding a third party, that the republication was made--
(A) with knowledge that the statement was false,
inaccurate, or misleading; or
(B) without a disclosure by the maker that the
republished or repeated statement is based on
information supplied by another and that the maker has
not verified the statement.
(b) Year 2000 Internet Website.--In any covered action in which the
adequacy of notice about Year 2000 processing is at issue and no
clearly more effective method of notice is practicable, the posting of
a notice by the entity purporting to have provided such notice on that
entity's Year 2000 Internet website shall be presumed to be an adequate
mechanism for providing such notice. Nothing in this subsection shall--
(1) alter or amend any Federal or State statute or
regulation requiring that notice about Year 2000 processing be
provided using a different mechanism;
(2) create a duty to provide notice about Year 2000
processing;
(3) preclude or suggest the use of any other medium for
notice about Year 2000 processing or require the use of an
Internet website; or
(4) mandate the content or timing of any notices about Year
2000 processing.
(c) Defamation or Similar Claims.--In any covered action arising
under any Federal or State law of defamation, or any Federal or State
law relating to trade disparagement or a similar claim, to the extent
such action is based on an allegedly false Year 2000 statement, whether
oral or published in any medium, the maker of any such Year 2000
statement shall not be liable with respect to such statement, unless
the claimant establishes by clear and convincing evidence, in addition
to all other requisite elements of the applicable action, that the
statement was made with knowledge that the statement was false or with
reckless disregard as to its truth or falsity.
(d) Limitation on Effect of Year 2000 Statements.--In any covered
action, no Year 2000 statement shall be interpreted or construed as an
amendment to or alteration of a written contract or written warranty,
whether entered into by a public or private party. This subsection
shall not apply--
(1) to the extent the party whose statement is alleged to
have amended or altered a contract or warranty has otherwise
agreed in writing to so alter or amend the written contract or
written warranty;
(2) to Year 2000 statements made in conjunction with the
formation of the written contract or written warranty; or
(3) where the contract or warranty specifically provides
for its amendment or alteration through the making of a Year
2000 statement.
Existing law shall apply to determine what effect, if any, a Year 2000
statement within the scope of paragraph (1), (2), or (3) has on a
written contract or written warranty.
(e) Special Data Gathering.--A Federal entity, agency, or authority
may expressly designate requests for the voluntary provision of
information relating to Year 2000 processing (including without
limitation, Year 2000 statements) as ``Special Year 2000 Data Gathering
Requests'' made pursuant to this subsection. Information provided in
response to such requests shall be prohibited from disclosure under the
Freedom of Information Act (5 U.S.C. 552 et seq.), and may not be used
by any Federal entity, agency, or authority, directly or indirectly, in
any civil action arising under any Federal or State law: Provided,
however, That nothing in this subsection shall preclude a Federal
entity, agency, or authority from separately obtaining the information
submitted in response to this subsection through the use of independent
legal authorities and using such separately obtained information in any
action.
SEC. 5. EXCLUSIONS.
(a) Consumer Information.--This Act does not cover statements made
directly to a consumer in connection with the sale of a consumer
product by the seller or manufacturer or provider of the consumer
product.
(b) Effect on Information Disclosure.--This Act does not affect,
abrogate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, the authority of a Federal or State entity,
agency, or authority to enforce a requirement to provide, disclose, or
not to disclose, information under a Federal or State statute or
regulation or to enforce such statute or regulation.
(c) Contracts and Other Claims.--Except as may be otherwise
provided in subsection 4(d), this Act does not affect, abrogate, amend,
or alter, and shall not be construed to affect, abrogate, amend, or
alter, any right by written contract, whether entered into by a public
or private party, under any Federal or State law, nor shall it preclude
claims not based solely on Year 2000 statements.
(d) Duty or Standard of Care.--This Act shall not be deemed to
impose upon the maker or publisher of any Year 2000 statement any
increased obligation, duty, or standard of care than is otherwise
applicable under Federal or State law. Nor does this Act preclude any
party from making or providing any additional disclaimer or like
provisions in connection with any Year 2000 statement.
(e) Trademarks.--This Act does not affect, abrogate, amend, or
alter, and shall not be construed to affect, abrogate, amend, or alter,
any right in a trademark, trade name, or service mark, under any
Federal or State law.
(f) Injunctive Relief.--Nothing in this Act shall be deemed to
preclude a claimant from seeking temporary or permanent injunctive
relief with respect to a Year 2000 statement.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 statement made on or after
July 14, 1998, through July 14, 2001. This Act shall not affect or
apply to any action pending on July 14, 1998.
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