I
105TH CONGRESS
2D SESSION
H. R. 4455
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
AUGUST 6, 1998
Mr. DREIER (for himself, Ms. ESHOO, Mr. GOODLATTE, Mr. BOUCHER, Mr.
COX of California, Mr. JOHN, Mr. BOEHNER, Mrs. MORELLA, Mr. SES-
SIONS, Mr. SOLOMON, Mr. HAYWORTH, and Mr. ROYCE) 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 Readiness
Disclosure Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Thousands of computer systems, software
programs, and semiconductors are not capable of
recognizing certain dates in 1999 and after Decem-
ber 31, 1999, and will read dates in the Year 2000
and thereafter as if they represent the year 1900 or
thereafter or will fail to process such dates. This
problem and resulting system failures could inca-
pacitate 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 re-
placing affected systems before this problem inca-
pacitates essential systems is a matter of national
and global interest.
(2) The prompt, candid, and thorough disclo-
sure and exchange of information related to Year
2000 readiness of entities, products, and services
would greatly enhance the ability of public and pri-
vate 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 and security.
(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 Constitu-
tion, the purposes of this Act are to promote the free dis-
closure and exchange of information related to Year 2000
readiness and to lessen burdens on interstate commerce
by establishing certain uniform legal principles in connec-
tion with the disclosure and exchange of information relat-
ed 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, 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, a
product, or service, or a set of products or serv-
ices;
(C) concerning test plans, test dates, test
results, or operational problems or solutions re-
lated to Year 2000 processing by—
(i) products;
(ii) services that incorporate or utilize
products;
(D) attesting to, opining on, reviewing, or
otherwise commenting on, a Statement con-
stituting a Year 2000 Statement; or
(E) otherwise directly or indirectly relating
to Year 2000 processing capabilities.
(2) YEAR 2000 READINESS DISCLOSURE.—The
term ‘‘Year 2000 Readiness Disclosure’’ means any
statement identified on its face as a ‘‘Year 2000
Readiness Disclosure’’.
(3) 
DISCLOSURE.—The 
term 
‘‘Disclosure’’
means a Year 2000 Readiness Disclosure.
(4) 
STATEMENT.—The 
term 
‘‘Statement’’
means any Statement, communication, or other con-
veyance of information by one party to another or to
the public, in any form or medium whatsoever, ex-
cluding, for the purposes of actions brought by the
Securities and Exchange Commission or the United
States under the securities laws, as that term is de-
fined 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 pur-
suant to section 12(i) of the Securities Exchange
Act of 1934 (15 U.S.C. 78l(i)).
(5) YEAR 2000 PROCESSING.—The term ‘‘Year
2000 processing’’ means the processing (including
calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/
time data during, from, into, and between the twen-
tieth and twenty-first centuries, and the years 1999
and 2000, and leap year calculations.
(6) 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 Readiness Disclosures and
other information about the Year 2000 processing
capabilities of an entity, a product, service, or a set
of products or services, are posted or otherwise made
accessible to the general public.
(7) COVERED ACTION.—The term ‘‘covered ac-
tion’’ 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, super-
visory, or enforcement capacity.
(8) REPUBLICATION.—The term ‘‘republica-
tion’’ means any repetition of a Statement originally
made by another.
(9) CONSUMER.—The term ‘‘consumer’’ means
a natural person who buys a consumer product other
than for purposes of resale.
(10) CONSUMER
PRODUCT.—The term ‘‘con-
sumer product’’ means any personal property which
is normally used for personal, family, or household
purposes.
(11) MAKER.—The term ‘‘maker’’ means any
person or entity that—
(A) makes, develops, publishes, transmits,
or distributes;
(B) assists, contributes to, or otherwise
takes part in, making, publishing, transmitting
or distributing; or
(C) attests to, opines on, reviews, or other-
wise comments on any Disclosure.
SEC. 4. PROTECTION FOR YEAR 2000 READINESS DISCLO-
SURES.
(a) IN GENERAL.—In any covered action—
(1) no Year 2000 Readiness Disclosure or any
portion thereof shall be admissible unless the pro-
ponent of admissibility of the Disclosure establishes,
in addition to all other applicable requirements of
admissibility, that the Disclosure was material,
and—
(A) that the Disclosure was made with—
(i) knowledge that the Disclosure was
false or misleading; and
(ii) an intent to deceive; or
(B) where the Disclosure was or included
a republication regarding a third party, that—
(i) the republication was made with-
out a disclosure by the maker that the Dis-
closure is based on a republication; and
(ii) the maker has not verified the
original Statement; and
(2) to the extent such action is based on an al-
legedly 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 ac-
tion, that the Statement was material, and—
(A) that the Statement was made with—
(i) knowledge that the Statement was
false or misleading; and
(ii) an intent to deceive; or
(B) where the Statement was or included
a republication regarding a third party, that—
(i) the Statement was made without a
disclosure by the maker that the Statement
is based on a republication; and
(ii) the maker has not verified the
original Statement; and
(b) YEAR 2000 INTERNET WEBSITE.—In any cov-
ered action in which the adequacy of notice about Year
2000 processing is at issue, and except as provided by con-
tract, 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 sub-
section (b) 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) LIMITATION ON EFFECT OF YEAR 2000 READI-
NESS DISCLOSURES.—In any covered action, no Year
2000 Readiness Disclosure shall be interpreted or con-
strued as an amendment to, or alteration of, a written con-
tract 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 Readiness Disclosures ex-
pressed in a writing that constitutes the written con-
tract or written warranty; or
(3) where the contract or warranty specifically
provides for its amendment or alteration through the
making of a Year 2000 Readiness Disclosure.
(d) 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 Year 2000 Readiness Disclo-
sures) as ‘‘Special Year 2000 Data Gathering Requests’’
made pursuant to this subsection. Information provided
in response to such requests shall be prohibited from dis-
closure to any third party, including disclosure under sec-
tion 552 of title 5, United States Code, and may not be
used, directly or indirectly, in any civil action arising
under any Federal or State law. Nothing in this subsection
precludes 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) 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.
(b) CONTRACTS
AND OTHER CLAIMS.—Except as
may be otherwise provided in this Act, this Act does not
affect, abrogate, amend, or alter, and shall not be con-
strued to affect, abrogate, amend, or alter, any right by
written contract between the plaintiff and the defendant,
under any Federal or State law, or affect Statements
made directly to a consumer in a writing that constitutes
a written contract for the sale of a consumer product by
the seller or manufacturer of the consumer product.
(c) DUTY OR STANDARD OF CARE.—This Act shall
not be deemed to impose upon the maker of any Year
2000 Readiness Disclosure any increased obligation, duty,
or standard of care than is otherwise applicable under
Federal or State law. This Act does not preclude any party
from making or providing any additional disclaimer or like
provisions in connection with any Year 2000 Readiness
Disclosure.
(d) INTELLECTUAL PROPERTY RIGHTS.—This Act
does not affect, abrogate, amend, or alter, and shall not
be construed to affect, abrogate, amend, or alter, any right
in a patent, copyright, trademark, trade name, 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
Readiness Disclosure, subject to the limitations on admis-
sibility imposed by this Act.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 Readiness Dis-
closure made on or after January 1, 1998, through De-
cember 31, 2001.
SEC. 7. PRIOR WRITTEN DISCLOSURES.
Written disclosures regarding Year 2000 readiness
made prior to the effective date of this Act and after Janu-
ary 1, 1998, that would otherwise satisfy the requirements
of subsection 3(1), may be denominated a Year 2000
Readiness Disclosure if so denominated by a notification
within 90 days of the enactment of the Act. Notification
may include posting on a Year 2000 Website as defined
in subsection 3(6).
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