S 2392 RS, Year 2000 Information and Readiness Disclosure Act.
Reported by Senate Judiciary Committee.
Date: September 17, 1998.
Source: Library of Congress.

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

S 2392 RS

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as the `Year 2000 Information Disclosure Act'. [<-Struck out]

[Struck out->] SEC 2. FINDINGS AND PURPOSES. [<-Struck out]

[Struck out->] (a) FINDINGS- The Congress finds the following: [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 3. DEFINITIONS. [<-Struck out]

[Struck out->] For purposes of this Act, the following definitions apply: [<-Struck out]

[Struck out->] (1) YEAR 2000 STATEMENT- `Year 2000 statement' means any statement-- [<-Struck out]

[Struck out->] (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; [<-Struck out]

[Struck out->] (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 [<-Struck out]

[Struck out->] (C) concerning test plans, test dates, test results, or operational problems or solutions related to year 2000 processing by-- [<-Struck out]

[Struck out->] (i) products; or [<-Struck out]

[Struck out->] (ii) services that incorporate or utilize products. [<-Struck out]

[Struck out->] (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)), [<-Struck out]

[Struck out->] 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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (6) REPUBLICATION- `Republication' means any repetition of a statement originally made by another. [<-Struck out]

[Struck out->] (7) CONSUMER- `Consumer' means an individual who buys a consumer product other than for purposes of resale. [<-Struck out]

[Struck out->] (8) CONSUMER PRODUCT- `Consumer product' means any personal property or service which is normally used for personal, family, or household purposes. [<-Struck out]

[Struck out->] SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS. [<-Struck out]

[Struck out->] (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-- [<-Struck out]

[Struck out->] (1) where the statement was not a republication, that the statement was-- [<-Struck out]

[Struck out->] (A) made with knowledge that the statement was false, inaccurate, or misleading; [<-Struck out]

[Struck out->] (B) made with an intent to mislead or deceive; or [<-Struck out]

[Struck out->] (C) made with a grossly negligent failure to determine or verify that the statement was accurate and not false or misleading; and [<-Struck out]

[Struck out->] (2) where the statement was a republication of a statement regarding a third party, that the republication was made-- [<-Struck out]

[Struck out->] (A) with knowledge that the statement was false, inaccurate, or misleading; or [<-Struck out]

[Struck out->] (B) without a disclosure by the maker that the republished or [<-Struck out]

[Struck out->] repeated statement is based on information supplied by another and that the maker has not verified the statement. [<-Struck out]

[Struck out->] (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-- [<-Struck out]

[Struck out->] (1) alter or amend any Federal or State statute or regulation requiring that notice about year 2000 processing be provided using a different mechanism; [<-Struck out]

[Struck out->] (2) create a duty to provide notice about year 2000 processing; [<-Struck out]

[Struck out->] (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 [<-Struck out]

[Struck out->] (4) mandate the content or timing of any notices about year 2000 processing. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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-- [<-Struck out]

[Struck out->] (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; [<-Struck out]

[Struck out->] (2) to year 2000 statements made in conjunction with the formation of the written contract or written warranty; or [<-Struck out]

[Struck out->] (3) where the contract or warranty specifically provides for its amendment or alteration through the making of a year 2000 statement. [<-Struck out]

[Struck out->] 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. [<-Struck out]

[Struck out->] (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 [<-Struck out]

[Struck out->] 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. [<-Struck out]

[Struck out->] SEC. 5. EXCLUSIONS. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 6. APPLICABILITY. [<-Struck out]

[Struck out->] 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. [<-Struck out]

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.'.

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