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





                                                       Calendar No. 584

105th CONGRESS

  2d Session

                                S. 2392

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 17, 1998

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 584
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

                           September 17, 1998

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Year 2000 Information 
Disclosure Act''.</DELETED>

<DELETED>SEC 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Year 2000 statement.--``Year 2000 statement'' 
        means any statement--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) concerning test plans, test dates, 
                test results, or operational problems or solutions 
                related to year 2000 processing by--</DELETED>
                        <DELETED>    (i) products; or</DELETED>
                        <DELETED>    (ii) services that incorporate or 
                        utilize products.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Republication.--``Republication'' means any 
        repetition of a statement originally made by another.</DELETED>
        <DELETED>    (7) Consumer.--``Consumer'' means an individual 
        who buys a consumer product other than for purposes of 
        resale.</DELETED>
        <DELETED>    (8) Consumer product.--``Consumer product'' means 
        any personal property or service which is normally used for 
        personal, family, or household purposes.</DELETED>

<DELETED>SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) where the statement was not a republication, 
        that the statement was--</DELETED>
                <DELETED>    (A) made with knowledge that the statement 
                was false, inaccurate, or misleading;</DELETED>
                <DELETED>    (B) made with an intent to mislead or 
                deceive; or</DELETED>
                <DELETED>    (C) made with a grossly negligent failure 
                to determine or verify that the statement was accurate 
                and not false or misleading; and</DELETED>
        <DELETED>    (2) where the statement was a republication of a 
        statement regarding a third party, that the republication was 
        made--</DELETED>
                <DELETED>    (A) with knowledge that the statement was 
                false, inaccurate, or misleading; or</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) alter or amend any Federal or State statute or 
        regulation requiring that notice about year 2000 processing be 
        provided using a different mechanism;</DELETED>
        <DELETED>    (2) create a duty to provide notice about year 
        2000 processing;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) mandate the content or timing of any notices 
        about year 2000 processing.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to year 2000 statements made in conjunction 
        with the formation of the written contract or written warranty; 
        or</DELETED>
        <DELETED>    (3) where the contract or warranty specifically 
        provides for its amendment or alteration through the making of 
        a year 2000 statement.</DELETED>
<DELETED>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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. EXCLUSIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. APPLICABILITY.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Year 2000 Information and Readiness 
Disclosure Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1)(A) At least thousands but possibly millions of 
        information technology 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 those dates represent the year 
        1900 or thereafter or will fail to process those dates.
            (B) The problem described in subparagraph (A) and resulting 
        failures could incapacitate systems that are essential to the 
        functioning of markets, commerce, consumer products, utilities, 
        government, and safety and defense systems, in the United 
        States and throughout the world.
            (C) Reprogramming or replacing affected systems before the 
        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--
                    (A) would greatly enhance the ability of public and 
                private entities to improve their year 2000 readiness; 
                and
                    (B) is therefore a matter of national importance 
                and a vital factor in minimizing any potential year 
                2000 related 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 
        readiness information is impeding the disclosure and exchange 
        of such information.
            (4) The capability to freely disseminate and exchange 
        information relating to year 2000 readiness, solutions, test 
        practices and test results, with the public and other entities 
        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 Constitution of the United States, the 
purposes of this Act are--
            (1) to promote the free disclosure and exchange of 
        information related to year 2000 readiness;
            (2) to assist consumers, small businesses, and local 
        governments in effectively and rapidly responding to year 2000 
        problems; and
            (3) 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.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given to it in subsection (a) 
                of the first section of the Clayton Act (15 U.S.C. 
                12(a)), except that such term includes section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) to the 
                extent such section 5 applies to unfair methods of 
                competition; and
                    (B) includes any State law similar to the laws 
                referred to in subparagraph (A).
            (2) Consumer.--The term ``consumer'' means an individual 
        who acquires a consumer product other than for purposes of 
        resale.
            (3) Consumer product.--The term ``consumer product'' means 
        any personal property or service which is normally used for 
        personal, family, or household purposes.
            (4) 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.
            (5) Maker.--The term ``maker'' means each person or entity, 
        including a State or political subdivision thereof, that issues 
        or publishes any year 2000 statement, or develops or prepares, 
        or assists in, contributes to, or reviews, reports or comments 
        on during, or approves, or otherwise takes part in the 
        preparing, developing, issuing, approving, or publishing any 
        year 2000 statement.
            (6) Republication.--The term ``republication'' means any 
        repetition, in whole or in part, of a year 2000 statement 
        originally made by another.
            (7) Year 2000 internet website.--The term ``year 2000 
        Internet website'' means an Internet website or other similar 
        electronically accessible service, clearly designated on the 
        website or service by the person or entity creating or 
        controlling the content of the website or service as an area 
        where year 2000 statements concerning that person or entity are 
        posted or otherwise made accessible to the general public.
            (8) Year 2000 processing.--The term ``year 2000 
        processing'' means the processing (including calculating, 
        comparing, sequencing, displaying, or storing), transmitting, 
        or receiving of date data from, into, and between the 20th and 
        21st centuries, and during the years 1999 and 2000, and leap 
        year calculations.
            (9) Year 2000 readiness disclosure.--The term ``year 2000 
        readiness disclosure'' means any written year 2000 statement, 
        clearly identified on its face as a year 2000 readiness 
        disclosure inscribed on a tangible medium or stored in an 
        electronic or other medium and retrievable in perceivable form 
        and issued or published by or with the approval of an entity 
        with respect to year 2000 processing of that entity or of 
        products or services offered by that entity.
            (10) Year 2000 statement.--
                    (A) In general.--The term ``year 2000 statement'' 
                means any communication or other conveyance of 
                information by a party to another or to the public, in 
                any form or medium--
                            (i) concerning an assessment, projection, 
                        or estimate concerning year 2000 processing 
                        capabilities of any entity, product, or 
                        service, or a set of products and services;
                            (ii) 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;
                            (iii) 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; or
                            (iv) reviewing, commenting on, or otherwise 
                        directly or indirectly relating to year 2000 
                        processing capabilities.
                    (B) Not included.--The term does not include for 
                the purposes of any action 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)), any document or material 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. 781(i)), or 
                any disclosure or writing that when made accompanied 
                the solicitation of an offer or sale of securities.

 SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.

    (a) Evidence Exclusion.--No year 2000 readiness disclosure, in 
whole or in part, shall be admissible against the maker of the 
disclosure to prove the accuracy or truth of any year 2000 statement 
set forth in that disclosure, in any covered action brought by another 
party except that--
            (1) a disclosure may serve as the basis for a claim for 
        anticipatory breach or repudiation or a similar claim against 
        the maker, to the extent provided by applicable law; and
            (2) the court in any covered action shall have discretion 
        to limit application of this subsection in any case in which 
        the court determines that the maker's use of that disclosure 
        amounts to bad faith, or fraud, or is otherwise is beyond what 
        is reasonable to achieve the purposes of this Act.
    (b) False, Misleading and Inaccurate Year 2000 Statements.--Except 
as otherwise provided in subsection (c), in any covered action, to the 
extent that such action is based on an allegedly false, inaccurate, or 
misleading year 2000 statement, the maker of that year 2000 statement 
shall not be liable under Federal or State law with respect to that 
year 2000 statement unless the claimant establishes, in addition to all 
other requisite elements of the applicable action, by clear and 
convincing evidence, that--
            (1) the year 2000 statement was material; and
            (2)(A) to the extent the year 2000 statement was not a 
        republication of a year 2000 statement originally made by a 
        third party, that the maker made the year 2000 statement--
                    (i) with actual knowledge that the year 2000 
                statement was false, inaccurate, or misleading;
                    (ii) with intent to deceive or mislead; or
                    (iii) with a reckless disregard as to the accuracy 
                of the year 2000 statement; or
            (B) to the extent the year 2000 statement was a 
        republication of a year 2000 statement originally made by a 
        third party, that the maker of the republication made the year 
        2000 statement--
                    (i) with actual knowledge that the year 2000 
                statement was false, inaccurate, or misleading;
                    (ii) with intent to deceive or mislead; or
                    (iii) without notice in that year 2000 statement 
                that--
                            (I) the maker has not verified the contents 
                        of the republication; or
                            (II) the maker is not the source of the 
                        republished year 2000 statement, the 
                        republished statement is based on information 
                        supplied by another person or entity, and the 
                        notice or republished statement identifies the 
                        source of the republished statement.
    (c) Defamation or Similar Claims.--In a covered action arising 
under any Federal or State law of defamation, trade disparagement, or a 
similar claim, to the extent such action is based on an allegedly 
false, inaccurate, or misleading year 2000 statement, the maker of that 
year 2000 statement shall not be liable with respect to that year 2000 
statement, unless the claimant establishes by clear and convincing 
evidence, in addition to all other requisite elements of the applicable 
action, that the year 2000 statement was made with knowledge that the 
year 2000 statement was false or made with reckless disregard as to its 
truth or falsity.
    (d) Year 2000 Internet Website.--
            (1) In general.--Except as provided in paragraph (2), in 
        any covered action, other than a covered action involving 
        personal injury or serious physical damage to property, in 
        which the adequacy of notice about year 2000 processing is at 
        issue, the posting, in a commercially reasonable manner and for 
        a commercially reasonable duration, of a notice by the entity 
        charged with giving such notice on the year 2000 Internet 
        website of that entity shall be deemed to be an adequate 
        mechanism for providing that notice.
            (2) Exception.--Under paragraph (1) the notice shall not be 
        adequate if the trier of fact finds that the use of the 
        mechanism of notice--
                    (A) is contrary to express prior representations 
                made by the party giving notice;
                    (B) is materially inconsistent with the regular 
                course of dealing between the parties; or
                    (C) occurs where there have been no prior 
                representations regarding the mechanism of notice and 
                no regular course of dealing exists between the parties 
                and where actual notice is clearly the most 
                commercially reasonable means of providing notice.
            (3) Construction.--Nothing in this subsection shall--
                    (A) alter or amend any Federal or State statute or 
                regulation requiring that notice about year 2000 
                processing be provided using a different mechanism;
                    (B) create a duty to provide notice about year 2000 
                processing;
                    (C) preclude or suggest the use of any other medium 
                for notice about year 2000 processing or require the 
                use of an Internet website; or
                    (D) mandate the content or timing of any notices 
                about year 2000 processing.
    (e) Limitation on Effect of Year 2000 Statements.--
            (1) In general.--In any covered action, a year 2000 
        statement shall not be interpreted or construed as an amendment 
        to or alteration of a contract or warranty, whether entered 
        into by or approved for a public or private entity.
            (2) Not applicable.--
                    (A) In general.--This subsection shall not apply--
                            (i) to the extent the party whose year 2000 
                        statement is alleged to have amended or altered 
                        a contract or warranty has otherwise agreed in 
                        writing to so alter or amend the contract or 
                        warranty;
                            (ii) to a year 2000 statement made in 
                        conjunction with the formation of the contract 
                        or warranty; or
                            (iii) if the contract or warranty 
                        specifically provides for its amendment or 
                        alteration through the making of a year 2000 
                        statement.
                    (B) Rule of construction.--Nothing in this 
                subsection is intended to affect applicable Federal or 
                State law in effect as of the date of enactment of this 
                Act with respect to determining the extent to which a 
                year 2000 statement within the scope of clause (i), 
                (ii), or (iii) of subparagraph (A) affects a contract 
                or warranty.
    (f) Special Data Gathering.--
            (1) In general.--A Federal entity, agency, or authority may 
        expressly designate a request for the voluntary provision of 
        information relating to year 2000 processing, including year 
        2000 statements, as a special year 2000 data gathering request 
        made pursuant to this subsection.
            (2) Specifics.--A special year 2000 data gathering request 
        made under this subsection shall specify a Federal entity, 
        agency, or authority, or with the consent of the designee, 
        another public or private entity, agency or authority, to 
        gather responses to the request.
            (3) Protections.--Except with the express consent or 
        permission of the provider of information described in 
        paragraph (1), any year 2000 statements or other such other 
        information provided by a party in response to a special year 
        2000 data gathering request made under this subsection--
                    (A) shall be exempt from disclosure under 
                subsection (b)(4) of section 552 of title 5, United 
                States Code, commonly known as the ``Freedom of 
                Information Act'' ;
                    (B) shall be prohibited from disclosure to any 
                third party; and
                    (C) may not be used by any Federal entity, agency, 
                or authority or by any third party, directly or 
                indirectly, in any civil action arising under any 
                Federal or State law.
            (4) Exceptions.--
                    (A) Information obtained elsewhere.--Nothing in 
                this subsection shall preclude a Federal entity, 
                agency, or authority or any third party from separately 
                obtaining the information submitted in response to a 
                request under this subsection through the use of 
                independent legal authorities, and using such 
                separately obtained information in any action.
                    (B) Voluntary disclosure.--A restriction on use or 
                disclosure of information under this subsection shall 
                not apply to any information disclosed to the public 
                with the express consent of the party responding to the 
                request or disclosed by such party separately from a 
                response to a special year 2000 data gathering request.

SEC. 5. TEMPORARY ANTITRUST EXEMPTION.

    (a) Exemption.--Except as provided in subsection (b), the antitrust 
laws shall not apply to conduct engaged in, including making and 
implementing an agreement, solely for the purpose of--
            (1) facilitating responses intended to correct or avoid a 
        failure of year 2000 processing in a computer system, in a 
        component of a computer system, in a computer program or 
        software, or services utilizing any such system, component, 
        program, or hardware; or
            (2) communicating or disclosing information to help correct 
        or avoid the effects of year 2000 processing failure.
    (b) Applicability.--Subsection (a) shall apply only to conduct that 
occurs, or an agreement that is made and implemented, after the date of 
enactment of this Act and before July 14, 2001.
    (c) Exception to Exemption.--Subsection (a) shall not apply with 
respect to conduct that involves or results in an agreement to boycott 
any person, to allocate a market or fix prices or output.
    (d) Rule of Construction.--The exemption granted by this section 
shall be construed narrowly.

 SEC. 6. EXCLUSIONS.

    (a) Effect on Information Disclosure.--This Act does not affect, 
abrogate, amend, or alter the authority of a Federal or State entity, 
agency, or authority to enforce a requirement to provide or disclose, 
or not to provide or disclose, information under a Federal or State 
statute or regulation or to enforce such statute or regulation.
    (b) Contracts and Other Claims.--
            (1) In general.--Except as may be otherwise provided in 
        subsections (a) and (e) of section 4, this Act does not affect, 
        abrogate, amend, or alter any right established by contract or 
        tariff between any person or entity, whether entered into by a 
        public or private person entity, under any Federal or State 
        law.
            (2) Other claims.--In any covered action brought by a 
        consumer, this Act does not apply to a year 2000 statement 
        expressly made in a solicitation, including an advertisement or 
        offer to sell, to that consumer by a seller, manufacturer, or 
        provider of a consumer product.
            (3) Rule of construction.--Nothing in this Act shall be 
        construed to preclude any claims that are not based exclusively 
        on year 2000 statements.
    (c) Duty or Standard of Care.--
            (1) In general.--This Act shall not impose upon the maker 
        of any year 2000 statement any more stringent obligation, duty, 
        or standard of care than is otherwise applicable under any 
        other Federal law or State law.
            (2) Additional disclosure.--This Act does not preclude any 
        party from making or providing any additional disclosure, 
        disclaimer, or similar provisions in connection with any year 
        2000 readiness disclosure or year 2000 statement.
            (3) Duty of care.--This Act shall not be deemed to alter 
        any standard or duty of care owed by a fiduciary, as defined or 
        determined by applicable Federal or State law.
    (d) Intellectual Property Rights.--This Act does not affect, 
abrogate, amend, or alter any right in a patent, copyright, 
semiconductor mask work, trade secret, trade name, trademark, 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 statement.

 SEC. 7. APPLICABILITY.

    (a) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        section, this Act shall become effective on the date of 
        enactment of this Act.
            (2) Application to lawsuits pending.--This Act shall not 
        affect or apply to any lawsuit pending on July 14, 1998.
            (3) Application to statements and disclosures.--Except as 
        provided in subsection (b)--
                    (A) this Act shall apply to any year 2000 statement 
                made on or after July 14, 1998 through July 14, 2001; 
                and
                    (B) this Act shall apply to any year 2000 readiness 
                disclosure made after the date of enactment of this Act 
                through July 14, 2001.
    (b) Previously Made Readiness Disclosure.--
            (1) In general.--For the purposes of section 4(a), a person 
        or entity that issued or published a year 2000 statement after 
        January 1, 1996, and before the date of enactment of this Act, 
        may designate that year 2000 statement as a year 2000 readiness 
        disclosure if--
                    (A) the year 2000 statement complied with the 
                requirements of section 4(b) when made, other than 
                being clearly designated on its face as a disclosure;
                    (B) within 45 days after the date of enactment of 
                this Act, the person or entity seeking the designation 
                provides notice--
                            (i) by individual notice that meets the 
                        requirements of paragraph (2) to all recipients 
                        of the applicable year 2000 statement; and
                            (ii) a prominent posting notice that meets 
                        the requirements of paragraph (2) on its year 
                        2000 Internet website, commencing prior to the 
                        end of the 45-day period under this 
                        subparagraph and extending for a minimum of 45 
                        consecutive days and also by using the same 
                        method of notification used to originally 
                        provide the applicable year 2000 statement.
            (2) Requirements.--A notice under paragraph (1)(B) shall--
                    (A) state that the year 2000 statement that is the 
                subject of the notice is being designated a year 2000 
                readiness disclosure; and
                    (B) include a copy of the year 2000 statement with 
                a legend labeling the statement as a ``Year 2000 
                Readiness Disclosure''.
    (c) Exception.--No designation of a year 2000 statement as a 
disclosure under subsection (b) shall apply with respect to any person 
or entity that--
            (1) proves, by clear and convincing evidence, that it 
        relied on the year 2000 statement prior to the receipt of 
        notice described above and it would be prejudiced by the 
        retroactive designation of the year 2000 statement as a 
        disclosure; and
            (2) provides to the person or entity seeking the 
        designation a written notice objecting to the designation 
        within 45 days after receipt of individual notice under 
        subsection (b)(2)(B)(i), or within 180 days after the date of 
        enactment of this Act, in the case of notice provided under 
        subsection (b)(2)(B)(ii).

 SEC. 8. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.

    (a) National Website.--
            (1) In general.--The Administrator of General Services 
        shall create and maintain a national year 2000 website, and 
        promote its availability, designed to assist consumers, small 
        business, and local governments in obtaining information from 
        other governmental websites, hotlines, or information 
        clearinghouses about year 2000 Processing of computers, 
        systems, products and services, including websites maintained 
        by independent agencies and other departments.
            (2) Consultation.--In creating the national year 2000 
        website, the Administrator of General Services shall consult 
        with--
                    (A) the Director of the Office of Management and 
                Budget;
                    (B) the Administrator of the Small Business 
                Administration;
                    (C) the Consumer Product Safety Commission;
                    (D) officials of State and local governments;
                    (E) the Director of the National Institute of 
                Standards and Technology;
                    (F) representatives of consumer and industry 
                groups; and
                    (G) representatives of other entities, as 
                determined appropriate.
    (b) Report.--The Administrator of General Services shall submit a 
preliminary report to the Committees on the Judiciary of the Senate and 
the House of Representatives and the Committee on Governmental Affairs 
of the Senate and the Committee on Government Reform and Oversight of 
the House of Representatives not later than 60 days after the date of 
enactment of this Act regarding planning to comply with the 
requirements of this section.
          Amend the title so as to read: ``To encourage the disclosure 
        and exchange of information about computer processing problems, 
        solutions, test practices and test results, and related matters 
        in connection with the transition to the year 2000.''.