[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 192 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 192

To establish judicial and administrative proceedings for the resolution 
                   of year 2000 processing failures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

 Mr. Manzullo (for himself, Mr. DeLay, and Mr. Dreier) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish judicial and administrative proceedings for the resolution 
                   of year 2000 processing failures.

    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 Consumer Protection Plan 
Act of 1999''.

SEC. 2. DEFINITIONS.

            (1) Covered action.--The term ``covered action'' means a 
        civil action of any kind, whether arising under Federal or 
        State law, except for an action brought by a Federal, State, or 
        other public entity, agency, or authority acting in a 
        regulatory, supervisory, or enforcement capacity.
            (2) End user.--The term ``end user'' means a party in 
        possession of and using software or hardware.
            (3) Express written contract.--The term ``express written 
        contract'' means terms with respect to which confirmatory 
        memoranda of the parties agree or which are otherwise set forth 
        in writing intended by the parties as a final expression of 
        their agreement with respect to such terms as are included 
        therein and which may be explained or supplemented--
                    (A) by course of dealing or usage of trade or by 
                course of performance; and
                    (B) by evidence consistent additional terms unless 
                the court finds the writing to have been intended also 
                as a complete and exclusive statement of the terms of 
                the agreement.
            (4) 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.

SEC. 3. JUDICIAL AND ADMINISTRATIVE PROCEEDINGS.

    (a) In General.--Any covered action, wherever brought, seeking 
damages caused by a year 2000 processing failure, disruption, or error 
and any arbitration or mediation proceedings brought as a result of the 
initiation of such action shall be governed by this Act.
    (b) Procedure.--When a person files a complaint in a court seeking 
damages caused by a year 2000 processing failure, disruption, or error, 
the clerk of the court shall refer the complaint to a mandatory 
arbitration proceeding.
    (c) Standard of Proof.--A person may recover damages for a year 
2000 processing failure, disruption, or error if the person shows by a 
preponderance of the evidence that--
            (1) the failure, disruption, or error in year 2000 
        processing caused a loss which was foreseeable;
            (2) the defendant's action or inaction as an end user was 
        unreasonable under the circumstances; and
            (3) the loss was proximately caused by the defendant.
    (d) Directors and officers.--A director or officer of a corporation 
which is a defendant to an action brought for a year 2000 processing 
failure, disruption, or error shall be responsible only if the director 
or officer failed to exercise due diligence in overseeing the direction 
of an act cited by the plaintiff under subsection (c).
    (e) Damage Awards.--In any action for a year 2000 processing 
failure, error, or disruption, damages may be awarded for the 
following:
            (1) Personal injury, including--
                    (A) medical and hospital expenses, past and future;
                    (B) loss of earnings, past and future; and
                    (C) pain and suffering but in an amount not to 
                exceed the amount of medical and hospital expenses.
            (2) Wrongful death.
            (3) Property damage, including--
                    (A) loss of profits; and
                    (B) cost of repairs and replacements.
            (4) Punitive damages but only for willful and wanton 
        conduct proved by clear and convincing evidence and not to 
        exceed 3 times the actual damages, except that punitive damages 
        may not be awarded in an action involving only property damage.
    (e) Statute of Limitations.--No action may be brought for a year 
2000 processing failure, error, or disruption after the expiration of 2 
years after January 1, 2000.

SEC. 4. CLASS ACTIONS.

    Any class action brought for damages for a year 2000 processing 
failure, disruption, or error which is governed by this Act or State 
law shall be brought in the United States district court for the 
district in which the failure occurred.

SEC. 5. APPLICABILITY.

    This Act does not apply to any action arising out of an express 
written contract between the parties.
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