I
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 Representa-
tives 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 ac-
tion’’ means a civil action of any kind, whether aris-
ing 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, super-
visory, or enforcement capacity.
(2) END USER.—The term ‘‘end user’’ means a
party in possession of and using software or hard-
ware.
(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 in-
tended by the parties as a final expression of their
agreement with respect to such terms as are in-
cluded 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 state-
ment 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 process-
ing failure, disruption, or error and any arbitration or me-
diation 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 process-
ing 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 de-
fendant.
(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 hos-
pital 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 evi-
dence 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 dis-