[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2392 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2392

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 SENATE OF THE UNITED STATES

                             July 30, 1998

  Mr. Bennett (by request) (for himself, Mr. Dodd, Mr. Moynihan, Mr. 
Kohl, and Mr. Robb) introduced the following bill; which was read twice 
             and 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.--``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.--``Statement'' means a disclosure 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 any actions brought under the securities law, 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.--``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.--``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.--``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.--``Republication'' means any repetition 
        of a statement originally made by another.
            (7) Consumer.--``Consumer'' means an individual who buys a 
        consumer product other than for purposes of resale.
            (8) Consumer product.--``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 (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) 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 (d) 
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 (e). 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 (e) shall preclude a 
Federal entity, agency, or authority from separately obtaining the 
information submitted in response to this subsection (e) 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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