I
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. SENSEN-
BRENNER, Mr. BARCIA of Michigan, Mr. DINGELL, Mr. LEACH, Mr. LA-
FALCE, 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 Representa-
tives 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 prod-
ucts, utilities, government, and safety systems in the
United States and throughout the world. Re-
programming 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 readi-
ness 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 liabil-
ity 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 ex-
change information relating to Year 2000 readiness
with the public and with other companies without
undue concern about litigation is critical to the abil-
ity of public and private entities to address Year
2000 needs in a timely manner.
(5) The national interest will be served by uni-
form legal standards in connection with the disclo-
sure and exchange of Year 2000 readiness informa-
tion 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 Con-
stitution, 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 com-
merce by establishing certain uniform legal principles in
connection with the disclosure and exchange of informa-
tion 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 time-
tables for implementing or verifying the Year
2000 processing capabilities of an entity or en-
tities, 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 re-
lated 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 informa-
tion by 1 party to another or to the public, in any
form or medium whatsoever, excluding, for the pur-
poses 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 Fed-
eral 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, sequenc-
ing, displaying, or storing), transmitting, or receiv-
ing of date or date/time data from, into, and be-
tween 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 serv-
ice, designated on the website or service by the per-
son creating or controlling the website or service as
an area where Year 2000 statements and other in-
formation about the Year 2000 processing capabili-
ties 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 ac-
tion’’ 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 ‘‘republica-
tion’’ 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 ‘‘con-
sumer 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 mis-
leading Year 2000 statement, the maker of any such state-
ment 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 republica-
tion, that the statement was—
(A) made with knowledge that the state-
ment was false, inaccurate, or misleading;
(B) made with an intent to mislead or de-
ceive; 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 repub-
lication 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 cov-
ered 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 no-
tices about Year 2000 processing.
(c) DEFAMATION OR SIMILAR CLAIMS.—In any cov-
ered action arising under any Federal or State law of defa-
mation, or any Federal or State law relating to trade dis-
paragement or a similar claim, to the extent such action
is based on an allegedly false Year 2000 statement, wheth-
er 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 STATE-
MENTS.—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 conjunc-
tion 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 Re-
quests’’ 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: Pro-
vided, however, That nothing in this subsection shall pre-
clude a Federal entity, agency, or authority from sepa-
rately obtaining the information submitted in response to
this subsection through the use of independent legal au-
thorities 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 connec-
tion 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 state-
ments.
(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, abro-
gate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, any right in a trademark, trade
name, or service mark, under any Federal or State law.
(f) INJUNCTIVE RELIEF.—Nothing in this Act shall
be deemed to preclude a claimant from seeking temporary
or permanent injunctive relief with respect to a Year 2000
statement.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 statement
made on or after July 14, 1998, through July 14, 2001.
This Act shall not affect or apply to any action pending
on July 14, 1998.
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