[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4455 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4455

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

                             August 6, 1998

Mr. Dreier (for himself, Ms. Eshoo, Mr. Goodlatte, Mr. Boucher, Mr. Cox 
 of California, Mr. John, Mr. Boehner, Mrs. Morella, Mr. Sessions, Mr. 
 Solomon, Mr. Hayworth, and Mr. Royce) 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 Readiness Disclosure 
Act''.

 SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Thousands of computer systems, software programs, 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 or will fail to process such dates. This problem and 
        resulting system failures could incapacitate 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 incapacitates 
        essential systems is a matter of national and global interest.
            (2) The prompt, candid, 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 and security.
            (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, 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, a product, or service, or a 
                set of products or services;
                    (C) concerning test plans, test dates, test 
                results, or operational problems or solutions related 
                to Year 2000 processing by--
                            (i) products;
                            (ii) services that incorporate or utilize 
                        products;
                    (D) attesting to, opining on, reviewing, or 
                otherwise commenting on, a Statement constituting a 
                Year 2000 Statement; or
                    (E) otherwise directly or indirectly relating to 
                Year 2000 processing capabilities.
            (2) Year 2000 readiness disclosure.--The term ``Year 2000 
        Readiness Disclosure'' means any statement identified on its 
        face as a ``Year 2000 Readiness Disclosure''.
            (3) Disclosure.--The term ``Disclosure'' means a Year 2000 
        Readiness Disclosure.
            (4) Statement.--The term ``Statement'' means any Statement, 
        communication, or other conveyance of information by one party 
        to another or to the public, in any form or medium whatsoever, 
        excluding, for the purposes of actions brought by the 
        Securities and Exchange Commission or the United States 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 (15 U.S.C. 78l(i)).
            (5) Year 2000 processing.--The term ``Year 2000 
        processing'' means the processing (including calculating, 
        comparing, sequencing, displaying, or storing), transmitting, 
        or receiving of date or date/time data during, from, into, and 
        between the twentieth and twenty-first centuries, and the years 
        1999 and 2000, and leap year calculations.
            (6) 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 Readiness Disclosures and 
        other information about the Year 2000 processing capabilities 
        of an entity, a product, service, or a set of products or 
        services, are posted or otherwise made accessible to the 
        general public.
            (7) Covered action.--The term ``covered action'' means any 
        civil action of any kind, whether 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.
            (8) Republication.--The term ``republication'' means any 
        repetition of a Statement originally made by another.
            (9) Consumer.--The term ``consumer'' means a natural person 
        who buys a consumer product other than for purposes of resale.
            (10) Consumer product.--The term ``consumer product'' means 
        any personal property which is normally used for personal, 
        family, or household purposes.
            (11) Maker.--The term ``maker'' means any person or entity 
        that--
                    (A) makes, develops, publishes, transmits, or 
                distributes;
                    (B) assists, contributes to, or otherwise takes 
                part in, making, publishing, transmitting or 
                distributing; or
                    (C) attests to, opines on, reviews, or otherwise 
                comments on any Disclosure.

 SEC. 4. PROTECTION FOR YEAR 2000 READINESS DISCLOSURES.

    (a) In General.--In any covered action--
            (1) no Year 2000 Readiness Disclosure or any portion 
        thereof shall be admissible unless the proponent of 
        admissibility of the Disclosure establishes, in addition to all 
        other applicable requirements of admissibility, that the 
        Disclosure was material, and--
                    (A) that the Disclosure was made with--
                            (i) knowledge that the Disclosure was false 
                        or misleading; and
                            (ii) an intent to deceive; or
                    (B) where the Disclosure was or included a 
                republication regarding a third party, that--
                            (i) the republication was made without a 
                        disclosure by the maker that the Disclosure is 
                        based on a republication; and
                            (ii) the maker has not verified the 
                        original Statement; and
            (2) 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--
                    (A) that the Statement was made with--
                            (i) knowledge that the Statement was false 
                        or misleading; and
                            (ii) an intent to deceive; or
                    (B) where the Statement was or included a 
                republication regarding a third party, that--
                            (i) the Statement was made without a 
                        disclosure by the maker that the Statement is 
                        based on a republication; and
                            (ii) the maker has not verified the 
                        original Statement; and
    (b) Year 2000 Internet Website.--In any covered action in which the 
adequacy of notice about Year 2000 processing is at issue, and except 
as provided by contract, 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 (b) 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) Limitation on Effect of Year 2000 Readiness Disclosures.--In 
any covered action, no Year 2000 Readiness Disclosure 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 Readiness Disclosures expressed in a 
        writing that constitutes 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 Readiness Disclosure.
    (d) 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 Year 2000 
Readiness Disclosures) as ``Special Year 2000 Data Gathering Requests'' 
made pursuant to this subsection. Information provided in response to 
such requests shall be prohibited from disclosure to any third party, 
including disclosure under section 552 of title 5, United States Code, 
and may not be used, directly or indirectly, in any civil action 
arising under any Federal or State law. Nothing in this subsection 
precludes 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) 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.
    (b) Contracts and Other Claims.--Except as may be otherwise 
provided in this Act, 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 between the plaintiff and the defendant, 
under any Federal or State law, or affect Statements made directly to a 
consumer in a writing that constitutes a written contract for the sale 
of a consumer product by the seller or manufacturer of the consumer 
product.
    (c) Duty or Standard of Care.--This Act shall not be deemed to 
impose upon the maker of any Year 2000 Readiness Disclosure any 
increased obligation, duty, or standard of care than is otherwise 
applicable under Federal or State law. This Act does not preclude any 
party from making or providing any additional disclaimer or like 
provisions in connection with any Year 2000 Readiness Disclosure.
    (d) Intellectual Property Rights.--This Act does not affect, 
abrogate, amend, or alter, and shall not be construed to affect, 
abrogate, amend, or alter, any right in a patent, copyright, trademark, 
trade name, or service mark, under any Federal or State law.
    (e) 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 Readiness Disclosure, subject to the 
limitations on admissibility imposed by this Act.

 SEC. 6. APPLICABILITY.

    This Act shall apply to any Year 2000 Readiness Disclosure made on 
or after January 1, 1998, through December 31, 2001.

SEC. 7. PRIOR WRITTEN DISCLOSURES.

    Written disclosures regarding Year 2000 readiness made prior to the 
effective date of this Act and after January 1, 1998, that would 
otherwise satisfy the requirements of subsection 3(1), may be 
denominated a Year 2000 Readiness Disclosure if so denominated by a 
notification within 90 days of the enactment of the Act. Notification 
may include posting on a Year 2000 Website as defined in subsection 
3(6).
                                 <all>