HR 4355 IH, "Year 2000 Information Disclosure Act."
Introduced: July 30, 1998.
Source: Library of Congress.

HR 4355 IH

105th CONGRESS

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.

END