In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Local Policies for Schools 
Act of 2010'' or the ``HELP Schools Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) childhood obesity increased threefold among children 
        and adolescents in the 30 years preceding the date of enactment 
        of this Act;
            (2) about 12,000,000 children and adolescents ages 2 to 19 
        are considered obese;
            (3) obesity-related diseases cost the United States economy 
        more than $147,000,000,000 every year;
            (4) both low levels of physical activity and an increase in 
        caloric intake have contributed to the unprecedented epidemic 
        of childhood obesity;
            (5) overweight adolescents have a 70 to 80 percent chance 
        of becoming overweight adults, increasing the risk for chronic 
        disease, disability, and death;
            (6) children and adolescents are--
                    (A) not meeting dietary recommendations;
                    (B) underconsuming important food groups and 
                nutrients needed for growth and development; and
                    (C) overconsuming saturated fat, trans fat, sodium, 
                and added sugars;
            (7) nutrition education and promotion helps foster a school 
        environment that--
                    (A) supports healthy eating;
                    (B) helps initiate and sustain healthy eating 
                behaviors;
                    (C) increases acceptance and consumption of healthy 
                school meals;
                    (D) increases participation in school meal 
                programs;
                    (E) enhances school meal quality; and
                    (F) supports development and implementation of 
                local wellness policies;
            (8) nutrition education and promotion is a critical 
        component of most major health promotion and disease prevention 
        programs;
            (9) research shows that school-based nutrition programs and 
        services both improve health and contribute to the academic 
        achievement of school children;
            (10) research shows that fit children achieve more 
        academically and have better school attendance and fewer 
        disciplinary problems;
            (11) a comprehensive study of local wellness policies 
        across the United States found that--
                    (A) many policies were underdeveloped and 
                fragmented; and
                    (B) the vast majority of students were enrolled in 
                a school district that did not--
                            (i) require evaluation of the 
                        implementation or effectiveness of the wellness 
                        policy of the district; or
                            (ii) include any provisions for reviewing 
                        and revising the wellness policy;
            (12) the same study reported that between 5 and 6 percent 
        of students were enrolled in a school district that had 
        identified a potential source of funding to support 
        implementation of the wellness policy of the district;
            (13) the nutrition education and promotion initiatives for 
        school children in effect as of the date of enactment of this 
        Act lack coordination, funding, and sustainability;
            (14) the Physical Activity Guidelines for Americans of the 
        Department of Health and Human Services recommend that children 
        engage in at least 60 minutes of physical activity on most, and 
        preferably all, days of the week;
            (15) children spend many waking hours at school and 
        therefore need to be active during the school day to meet the 
        recommendations of the Physical Activity Guidelines for 
        Americans; and
            (16) as of the date of enactment of this Act--
                    (A) only 3.8 percent of elementary schools, 7.9 
                percent of middle schools, and 2.1 percent of high 
                schools provide daily physical education or the 
                equivalent for the entire school year; and
                    (B) 22 percent of schools do not require students 
                to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

    Section 5 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1754) is amended to read as follows:

``SEC. 5. LOCAL WELLNESS POLICIES.

    ``(a) Definitions.--In this section:
            ``(1) Extended school day.--The term `extended school day' 
        means--
                    ``(A) the official school day; and
                    ``(B) the time before and after the official school 
                day during which events or activities are primarily 
                under the control of the school or a third party on 
                behalf of the school.
            ``(2) Local wellness policy.--The term `local wellness 
        policy' means a nutrition and physical activity wellness policy 
        of a local educational agency established under section 204 of 
        the Child Nutrition and WIC Reauthorization Act of 2004 (42 
        U.S.C. 1751 note; Public Law 108-265).
    ``(b) Requirements.--Not later than the first day of the school 
year beginning 1 year after the date of enactment of the HELP Schools 
Act of 2010, each local educational agency participating in a program 
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) shall strengthen the local school wellness policy of the 
local educational agency by ensuring, at a minimum, that the policy--
            ``(1) includes goals for nutrition promotion and education, 
        physical education, physical activity, food marketing and 
        advertising on the school campus, and other school-based 
        activities designed to promote participation in child nutrition 
        programs and student wellness through the extended school day, 
        in a manner that the local educational agency determines to be 
        appropriate;
            ``(2) includes an implementation plan to achieve the goals 
        of the local wellness policy;
            ``(3) ensures that guidelines for reimbursable school meals 
        are not less restrictive than regulations and guidance issued 
        by the Secretary pursuant to subsections (a) and (b) of section 
        10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and 
        sections 9(f)(1) and 17(a) of this Act, as those regulations 
        and guidance apply to schools;
            ``(4) ensures that nutritional guidelines for foods and 
        beverages sold in schools that are not part of reimbursable 
        school meals are in compliance with the standards established 
        by the Secretary; and
            ``(5) includes a plan for measuring implementation of the 
        local wellness policy, including the designation of a local 
        wellness policy committee under subsection (d).
    ``(c) Transparency.--
            ``(1) In general.--In carrying out this section, each local 
        educational agency shall make readily available and widely 
        disseminate to relevant stakeholders--
                    ``(A) the local wellness policy of the local 
                education agency, including the implementation plan 
                described in subsection (b)(5);
                    ``(B) any assessments of the implementation of the 
                local wellness policy;
                    ``(C) any updates to the local wellness policy; and
                    ``(D) appropriate local and State contact 
                information.
            ``(2) Availability requirement.--Not later than the first 
        day of the school year following the date of enactment of the 
        HELP Schools Act of 2010, each local educational agency shall 
        make readily available the policy and plan described in 
        paragraph (1)(A).
            ``(3) Assessment of implementation.--
                    ``(A) Assessment of implementation.--Not later than 
                2 years after the date of enactment of the HELP Schools 
                Act of 2010, and every 3 years thereafter, each local 
                educational agency shall complete and make readily 
                available the results of an assessment of the 
                implementation of the local wellness policy of the 
                local educational agency that includes--
                            ``(i) the extent to which schools under the 
                        jurisdiction of the local educational agency 
                        are in compliance with the local wellness 
                        policy of the agency;
                            ``(ii) the extent to which the local 
                        wellness policy of the local educational agency 
                        compares with model local wellness policies 
                        recommended under subsection (e)(2)(A)(ii); and
                            ``(iii)(I) a description of the progress 
                        made in attaining the goals of the local 
                        wellness policy described in subsection (b); 
                        and
                            ``(II) any revisions to the local wellness 
                        policy to more effectively address those goals.
    ``(d) Local Wellness Policy Committee.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the HELP Schools Act of 2010, each local 
        educational agency shall designate a standing Local Wellness 
        Policy Committee (referred to in this subsection as the 
        `Committee').
            ``(2) Representation.--
                    ``(A) Required representatives.--The Committee of 
                each local educational agency shall be comprised of at 
                least 1 representative from the local educational 
                agency from each of the following categories of 
                stakeholders:
                            ``(i) Principals.
                            ``(ii) Teachers.
                            ``(iii) Parents of students.
                            ``(iv) Students.
                            ``(v) The school food authority.
                            ``(vi) The school board of the local 
                        educational agency.
                            ``(vii) The physical education program.
                            ``(viii) School health professionals, such 
                        as school nurses, school counselors, social 
                        workers, or health education teachers.
                    ``(B) Authorized representatives.--A Committee may 
                also include a registered dietitian, pediatrician, 
                dentist, a representative of the local health 
                department, or other representatives of the local 
                community.
            ``(3) Terms and conditions.--Each local educational agency 
        shall determine the terms and conditions under which each 
        member of the Committee of the local educational agency serves.
            ``(4) Duties.--Duties and responsibilities of each 
        Committee shall include--
                    ``(A) ensuring that the local educational agency 
                served by the Committee meets the requirements 
                described in this section;
                    ``(B) fostering integration of the local wellness 
                policy of the local educational agency with existing 
                coordinated school health programs, and other health-
                related activities in the schools and community served 
                by the local educational agency; and
                    ``(C) making Committee proceedings and other 
                pertinent information relating to the activities of the 
                Committee readily available.
    ``(e) Technical Assistance and Outreach.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, acting through the Centers for Disease Control and 
        Prevention, shall assist in the adoption of effective local 
        wellness policies by local educational agencies in accordance 
        with this section.
            ``(2) Outreach.--In carrying out paragraph (1), the 
        Secretary shall perform outreach to key State and local 
        stakeholders to promote effective local wellness policies and 
        provide technical assistance that--
                    ``(A) includes--
                            ``(i) a hotline, online resources, and 
                        trainings on designing, implementing, 
                        promoting, disseminating, and evaluating local 
                        wellness policies and overcoming barriers to 
                        the adoption of local wellness policies; and
                            ``(ii) model local wellness policies and 
                        best practices recommended by Federal agencies, 
                        State agencies, and nongovernmental 
                        organizations; and
                    ``(B) is for guidance purposes only and not binding 
                or otherwise designed to be mandate to schools, local 
                educational agencies, school food authorities, or State 
                child nutrition programs.
            ``(3) Funding.--
                    ``(A) In general.--On October 1, 2010, and on each 
                October 1 thereafter through October 1, 2014, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this paragraph $1,000,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation. 
    ``(f) Study and Report.--
            ``(1) In general.--The Secretary, in conjunction with the 
        Director of the Centers for Disease Control and Prevention, 
        shall prepare a report on the implementation, strength, and 
        effectiveness of the local wellness policies carried out in 
        accordance with this section.
            ``(2) Study of local wellness policies.--The study 
        described in paragraph (1) shall include--
                    ``(A) an analysis of the strengths and weaknesses 
                of local wellness policies and how the policies compare 
                with model local wellness policies recommended under 
                subsection (e)(2)(A)(ii); and
                    ``(B) an assessment of the impact of the local 
                wellness policies in addressing the requirements of 
                subsection (b).
            ``(3) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Labor of the House of Representatives a report 
        that describes the findings of the study.''.

SEC. 4. REPEAL.

    Section 204 of the Child Nutrition and WIC Reauthorization Act of 
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

SEC. 5. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
[A]: Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture.

Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy.

Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community.

Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Fisheries Advisory 
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

    (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c-3), is amended by adding at the end the following:
    ``(f) American Fisheries Advisory Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Committee.--The term `Committee' means the 
                American Fisheries Advisory Committee established under 
                paragraph (2).
                    ``(B) Marketing and promotion.--The term `marketing 
                and promotion' means an activity aimed at encouraging 
                the consumption of seafood or expanding or maintaining 
                commercial markets for seafood.
                    ``(C) Processor.--The term `processor' means any 
                person in the business of preparing or packaging 
                seafood (including seafood of the processor's own 
                harvesting) for sale.
                    ``(D) Seafood.--The term `seafood' means farm-
                raised and wild-caught fish or shellfish harvested in 
                the United States or by a United States flagged vessel 
                for human consumption.
                    ``(E) Seafood industry.--The term `seafood 
                industry' means harvesters, marketers, growers, 
                processors, and persons providing them with goods and 
                services.
            ``(2) Establishment.--Not later than 90 days after the date 
        of the enactment of the American Fisheries Advisory Committee 
        Act, the Secretary shall establish five regions within the 
        American Fisheries Advisory Committee as follows:
                    ``(A) Region 1 shall consist of Alaska, Hawaii, the 
                Commonwealth of the Northern Mariana Islands, and the 
                territories of Guam and American Samoa.
                    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, Michigan, Minnesota, Wisconsin, Illinois, 
                Indiana, Ohio, and Pennsylvania.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Puerto Rico, and the 
                territory of the Virgin Islands.
                    ``(D) Region 4 shall consist of California, 
                Washington, Oregon, and Idaho.
                    ``(E) Region 5 shall consist of New Jersey, 
                Delaware, Maryland, Virginia, North Carolina, South 
                Carolina, and Georgia.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--Each of the regions 
                listed in subparagraphs (A) through (E) of paragraph 
                (2) shall be represented on the Committee by two 
                members--
                            ``(i) who are appointed by the Secretary;
                            ``(ii) who reside in a State or territory 
                        in the region that the member will represent;
                            ``(iii) of which--
                                    ``(I) one shall have experience as 
                                a seafood harvester; and
                                    ``(II) one shall have experience as 
                                a processor; and
                            ``(iv) that are selected so that the 
                        members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.
                    ``(B) At-large members.--The Secretary shall 
                appoint to the Committee at-large members to ensure 
                that the Committee fairly reflects the expertise and 
                interest of the seafood industry located in each 
                region, as follows:
                            ``(i) One individual with experience in 
                        mass market food distribution.
                            ``(ii) One individual with experience in 
                        mass market food retail or food service.
                            ``(iii) One individual with experience in 
                        the marketing of seafood.
                            ``(iv) One individual with experience in 
                        growing seafood.
                            ``(v) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be three years, except that the Secretary shall designate 
        staggered terms for the members initially appointed to the 
        Committee.
            ``(5) Responsibilities.--The Committee shall be responsible 
        for--
                    ``(A) identifying needs of the seafood industry 
                that may be addressed by a project funded with a grant 
                under subsection (c);
                    ``(B) developing the request for proposals for such 
                grants;
                    ``(C) reviewing applications for such grants; and
                    ``(D) selecting applications for approval under 
                subsection (c)(2)(B).
            ``(6) Chair.--The Committee shall elect a chair by a 
        majority of those voting, if a quorum is present.
            ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.
            ``(8) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not more 
                than two times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
                    ``(C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Committee.
            ``(9) Staff.--The Committee may employ staff as necessary 
        without regard to the provisions of title 5, United States 
        Code.
            ``(10) Per diem and expenses and funding.--
                    ``(A) In general.--A member of the Committee shall 
                serve without compensation, but shall be reimbursed in 
                accordance with section 5703 of title 5, United States 
                Code, for reasonable travel costs and expenses incurred 
                in performing duties as a member of the Committee.
                    ``(B) Funding.--The reimbursements made under 
                subparagraph (A) shall be paid with the funds made 
                available for grants under subsection (c).
            ``(11) Conflict of interest.--The conflict of interest and 
        recusal provisions set out in section 302(j) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1852(j)) shall apply to any decision by the Committee and to 
        all members of the Committee as if each member of the Committee 
        is an affected individual within the meaning of such section 
        302(j), except that in addition to the disclosure requirements 
        of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)), 
        each member of the Committee shall disclose any financial 
        interest or relationship in an organization or with an 
        individual that is applying for a grant under subsection (c) 
        held by the member of the Committee, including an interest as 
        an officer, director, trustee, partner, employee, contractor, 
        agent, or other representative.''.
    (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as 
follows:
    ``(3) No application for a grant under this subsection may be 
approved unless--
            ``(A) the Secretary is satisfied that the applicant has the 
        requisite technical and financial capability to carry out the 
        project; and
            ``(B) the application is selected for funding by the 
        American Fisheries Advisory Committee under subsection (f).''.
[A]: American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.


[Q]: 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 December 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 incapacitate 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 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 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 and security.
            (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, 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, a product, or service, or a 
                set of products or services;
                    (C) concerning test plans, test dates, test 
                results, or operational problems or solutions related 
                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 constituting 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 conveyance of information by one party 
        to another or to the public, in any form or medium whatsoever, 
        excluding, for the purposes of actions brought by the 
        Securities and Exchange Commission or the United States 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 (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 twentieth 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 service, designated on the website or 
        service by the person 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 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.
            (8) Republication.--The term ``republication'' 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 ``consumer 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 otherwise 
                comments on any Disclosure.

 SEC. 4. PROTECTION FOR YEAR 2000 READINESS DISCLOSURES.

    (a) In General.--In any covered action--
            (1) no Year 2000 Readiness Disclosure or any portion 
        thereof shall be admissible unless the proponent 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 without a 
                        disclosure by the maker that the Disclosure 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 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--
                    (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 covered action in which the 
adequacy of notice about Year 2000 processing is at issue, and except 
as provided by contract, 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--
            (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) Limitation on Effect of Year 2000 Readiness Disclosures.--In 
any covered action, no Year 2000 Readiness Disclosure 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 Readiness Disclosures expressed in a 
        writing that constitutes 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 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 Disclosures) as ``Special Year 2000 Data Gathering Requests'' 
made pursuant to this subsection. Information provided in response to 
such requests shall be prohibited from disclosure to any third party, 
including disclosure under section 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 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) 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 construed 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 admissibility imposed by this Act.

 SEC. 6. APPLICABILITY.

    This Act shall apply to any Year 2000 Readiness Disclosure made on 
or after January 1, 1998, through December 31, 2001.

SEC. 7. PRIOR WRITTEN DISCLOSURES.

    Written disclosures regarding Year 2000 readiness made prior to the 
effective date of this Act and after January 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).
[A]:
Year 2000 Readiness Disclosure Act - Provides that, in any civil action arising under Federal or State law, no Year 2000 Readiness Disclosure (a statement concerning Year 2000 computer compliance information) (Y2K problem) shall be admissible unless the proponent of admissibility establishes that the Disclosure was material and:  (1) the Disclosure was made with knowledge of its being false and misleading and with an intent to deceive; or (2) where the Disclosure was a republication of a third party, the republication was made without a disclosure by the maker that the Disclosure is based on a republication and that the maker has not verified the original statement.  Provides similar requirements for an action based on an allegedly false, inaccurate, or misleading Year 2000 statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue, and except as provided by contract, the posting of 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. 
Prohibits in any covered action a Year 2000 Disclosure from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions). 
Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from:  (1) disclosure to any third party, including disclosure under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law (with an exception). 
Provides exclusions from this Act. 
Makes this Act applicable to any Year 2000 Disclosure made on or after January 1, 1998, through December 31, 2001. 
Provides for the treatment of prior written disclosures.