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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.