9:43 AM 23 Sep 1998
| from: |
Ingrid M. Schroeder |
| to: |
HUD-LRM, agc.llr, Alan B., Allan E., Anthony J., Barry, Barry T., Bruce D., Bruce W. McConnell, ca. legislation, cftclrm, cIa, clrm, congress.affairs, cpsc-cr, David H., David J., David Y., dodlrs, dol-sol-leg, Donald R. Arbuckle, dot.legislation, Edward Brigham, Elena Kagan, energy.gc, epalrm, fdiclrm, ferc_lrm, frbcongressional, G. E., Janet B., Jefferson B., Jim, John A., justice.lrm, Kathleen, Kenneth L. Schwartz, laffairs, legis, Lisa M., lmiller, lrm, Mathew C. Blum, Michelle, ocl, ogc_legislation, oliafcc, Paul J. Weinstein, Peter N., Phyllis, rademachpr, Randolph M., Robert G., Robert N., Ronald M., Sarah, seclegis, ssa.lrm, Steven D. Aitken, Toby Costanzo, valrm, vancell |
| cc: |
James J. Jukes, Jeffrey A. Farkas, Kate P. |
Total Pages: ____
LRM ID: IMS428
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Tuesday, September 22, 1998
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Jeffrey A. Weinberg (for) Assistant Director for Legislative
Reference
OMB CONTACT: Ingrid M. Schroeder
PHONE: (202) 395-3883 FAX: (202) 395-3109
SUBJECT: Statement of Administration Policy on S2392 Year 2000
Information Disclosure Act
DEADLINE: COB Thursday, September 24, 1998
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: S. 2392 is based on the Administration's bill transmitted to
Congress on 7/27/98.
DISTRIBUTION LIST
AGENCIES:
7-AGRICULTURE - Marvin Shapiro - (202) 720-1516
25-COMMERCE - Michael A. Levitt - (202) 482-3151
27-Consumer Product Safety Commission - Robert J. Wager - (301) 504-0515
29-DEFENSE - Samuel T. Brick Jr. - (703) 697-1305
30-EDUCATION - Jack Kristy - (202) 401-8313
32-ENERGY - Bob Rabben - (202) 586-6718
51-General Services Administration - William R. Ratchford - (202) 501-0563
52-HHS - Sondra S. Wallace - (202) 690-7760
54-HUD - Allen I. Polsby - (202) 708-1793
59-INTERIOR - Jane Lyder - (202) 208-4371
61-JUSTICE - L. Anthony Sutin - (202) 514-2141
62-LABOR - Robert A. Shapiro - (202) 219-8201
76-National Economic Council - Sonyia Matthews - (202) 456-6630
114-STATE - Paul Rademacher - (202) 647-4463
117 and 340-TRANSPORTATION - Tom Herlihy - (202) 366-4687
11S-TREASURY - Richard S. Carro - (202) 622-0650
129-VETERANS AFFAIRS - John H. Thompson - (202) 273-6666
36-Federal Communications Commission - Sheryl Wilkerson - (202) 418-1900
37-Federal Deposit Insurance Corporation - Alice C. Goodman - (202)
898-8730
40-Federal Energy Regulatory Commission - Don Chamblee - (202) 208-0870
33-Environmental Protection Agency - John Reeder - (202) 260-5414
47-Federal Reserve System - Donald J. Winn - (202) 452-3456
49-Federal Trade Commission - Lorraine C. Miller - (202) 326-2195
82-Nuclear Regulatory Commission - Trip Rothschild - (301) 415-1611
95-0ffice of Science and Technology Policy - Jeff Smith - (202) 456-6047
108-Securities and Exchange Commission - Kaye F. Williams - (202) 942-0014
107-Small Business Administration - Mary Kristine Swedin - (202) 205-6700
110-Social Security Administration - Judy Chesser - (202) 358-6030
69-National Aeronautics & Space Administration - Ed Heffernan - (202)
358-1948
84-National Science Foundation ~ Lawrence Rudolph - (703) 306-1060
20-Commodity Futures Trading Commission - Tom Erickson - (202) 418-5075
39-Federal Emergency Management Agency - Ernest B. Abbott - (202) 646-4105
68-National Archives and Records Administration - John A. Constance -
(301) 713-7340
128-US Trade Representative - Fred Montgomery - (202) 395-3475
EOP:
Robert N. Weiner
Elena Kagan
Paul J. Weinstein Jr.
Jim Kohlenberger
Lisa M. Brollln
Lisa M. Kountoupes
Sarah Rosen
Janet B. Abrams
Phyllis Kaiser-Dark
John A. Koskinen
Donald R. Arbuckle
Bruce W. McConnell
Jefferson B. Hill
Peter N. weiss
Kenneth L. Schwartz
David J. Haun
Alan B. Rhinesmith
Edward A. Brigham
Barry T. Clendenin
Bruce D. Long
Barry White
David H. Morrison
Kathleen Peroff
Ronald M. Cogswell
G. E. DeSeve
Mathew C. Blum
Allan E. Brown
Robert G. Damus
Steven D. Aitken
Randolph M. Lyon
Michelle Peterson
Kate Donovan
LRM ID: IMS428 SUBJECT: Statement of Administration Policy on S2392
Year 2000 Information Disclosure Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO: Ingrid M. Schroeder phone: 395-3883 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
______ No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
DRAFT -- NOT FOR RELEASE
September 22, 1998
(Senate)
S. 2392 - Year 2000 Information Disclosure Act
(Bennett (R) Utah and 4 cosponsors)
The Administration strongly supports Senate passage of S. 2392 which would
encourage organizations to share year 2000 (Y2K) information by limiting
liability for good faith information disclosures. The bill is based on an
Administration proposal.
As the President stated on September 18, 1998, enactment of this important
legislation will help businesses and government agencies work through the
Y2K problem. The legislation must be enacted this year to be effective in
helping our Nation prepare its computer systems for the new millenium.
* * * * * * *
Calendar No. 584
105th CONGRESS
2d Session
S. 2392
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.
September 17, 1998
Reported with an amendment and an amendment to the title
S 2392 RS
Calendar No. 584
105th CONGRESS
2d Session
S. 2392
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 SENATE OF THE UNITED STATES
July 30, 1998
Mr. BENNETT (by request) (for himself, Mr. DODD, Mr. MOYNIHAN, Mr. KOHL,
and Mr.
ROBB) introduced the following bill; which was read twice and referred to
the Committee on the
Judiciary
September 17, 1998
Reported by Mr. HATCH, with an amendment and an amendment to the title
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 Representatives of the
United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Year 2000 Information and Readiness
Disclosure Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds the following:
(1) (A) At least thousands but possibly millions of information
technology
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 those dates
represent the year 1900 or
thereafter or will fail to process those dates.
(B) The problem described in subparagraph (A) and reSUlting
failures could
incapacitate systems that are essential to the functioning of
markets, commerce,
consumer products, utilities, government, and safety and defense
systems, in the
United States and throughout the world.
(C) Reprogramming or replacing affected systems before the
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--
(A) would greatly enhance the ability of public and private
entities to
improve their year 2000 readiness; and
(B) is therefore a matter of national importance and a
vital factor in
minimizing any potential year 2000 related 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 readiness information is impeding the
disclosure and
exchange of such information.
(4) The capability to freely disseminate and exchange
information relating to year
2000 readiness, solutions, test practices and test results, with
the public and other
entities 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
Constitution of the United States, the purposes of this Act are--
(1) to promote the.free disclosure and exchange of information
related to year
2000 readiness;
(2) to assist consumers, small businesses, and local governments
in effectively and
rapidly responding to year 2000 problems; and
(3) 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.
In this Act:
(1) ANTITRUST. LAWS- The term 'antitrust laws'--
(A) has the meaning given to it in subsection (a) of the
first section of the
Clayton Act (15 u.s.c. 12(a)), except that such term
includes section 5 of
the Federal Trade Commission Act (15 U.S.C. 45) to the ext
ent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws referred to
in subparagraph
(A) .
(2) CONSUMER- The term 'consumer' means an individual who
acquires a
consumer product other than for purposes of resale.
(3) CONSUMER PRODUCT- The term 'consumer product' means any
personal
property or service which is normally used for personal, family,
or household
purposes.
(4) 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.
(5) MAKER- The term 'maker' means each person or entity,
including a State or
political subdivision thereof, that issues or publishes any year
2000 statement, or
develops or prepares, or assists in, contributes to, or reviews,
reports or
comments on during, or approves, or otherwise takes part in the
preparing,
developing, issuing, approving, or publishing any year 2000
statement.
(6) REPUBLICATION- The term 'republication' means any
repetition, in whole or
in part, of a year 2000 statement originally made by another.
(7) YEAR 2000 INTERNET WEBSITE- The term 'year 2000 Internet
website'
means an Internet website or other similar electronically
accessible service,
clearly designated on the website or service by the person or
entity creating or
controlling the content of the website or service as an area
where year 2000
statements concerning that person or entity are posted or
otherwise made
accessible to the general public.
(8) 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.
(9) YEAR 2000 READINESS DISCLOSURE- The term 'year 2000 readiness
disclosure' means any written year 2000 statement, clearly
identified on its face as
a year 2000 readiness disclosure inscribed on a tangible medium
or stored in an
electronic or other medium and retrievable in perceivable form
and issued or
published by or with the approval of an entity with respect to
year 2000
processing of that entity or of products or services offered by
that entity.
(10) YEAR 2000 STATEMENT-
(A) IN GENERAL- The term year 2000 statement' means any
communication or other conveyance of information by a party
to another
or to the public, in any form or medium--
(i) concerning an assessment, projection, or estimate
concerning year
2000 processing capabilities of any entity, product,
or service, or a
set of products and services;
(ii) 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;
(iii) concerning test plans, test dates, test results,
or operational
problems or solutions related to year 2000 processing
by--
(I) products; or
(II) services that incorporate or utilize
products; or
(iv) reviewing, commenting on, or otherwise directly
or indirectly
relating to year 2000 processing capabilities.
(B) NOT INCLUDED- The term does not include for the
purposes of any
action 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}), any
document or material 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. 781(i)), or any d
isclosure or
writing that when made accompanied the solicitation of an
offer or sale of
securities.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) EVIDENCE EXCLUSION- No year 2000 readiness disclosure, in whole
or in part,
shall be admissible against the maker of the disclosure to prove the
accuracy or truth of
any year 2000 statement set forth in that disclosure, in any covered
action brought by
another party except that--
(1) a disclosure may serve as the basis for a claim for
anticipatory breach or
repudiation or a similar claim against the maker, to the extent
provided by
applicable law; and
(2) the court in any covered action shall have discretion to
limit application of
this subsection in any case in which the court determines that
the maker's use of
that disclosure amounts to bad faith, or fraud, or is otherwise
is beyond what is
reasonable to achieve the purposes of this Act.
(b) FALSE, MISLEADING AND INACCURATE YEAR 2000 STATEMENTS- Except as
otherwise provided in subsection (c), in any covered action, to the
extent that such
action is based on an allegedly false, inaccurate, or misleading year
2000 statement, the
maker of that year 2000 statement shall not be liable under Federal
or State law with
respect to that year 2000 statement unless the claimant establishes,
in addition to all
other requisite elements of the applicable action, by clear and
convincing evidence,
that--
(1) the year 2000 statement was material; and
(2) (A) to the extent the year 2000 statement was not a
republication of a year
2000 statement originally made by a third party, that the maker
made the year
2000 statement--
(i) with actual knowledge that the year 2000 statement was
false,
inaccurate, or misleading;
(ii) with intent to deceive or mislead; or
(iii) with a reckless disregard as to the accuracy of the
year 2000
statement; or
(B) to the extent the year 2000 statement was a republication of
a year 2000
statement originally made by a third party, that the maker of
the republication
made the year 2000 statement--
(i) with actual knowledge that the year 2000 statement was
false,
inaccurate, or misleading;
(ii) with intent to deceive or mislead; or
(iii) without notice in that year 2000 statement that--
(I) the maker has not verified the contents of the
republication; or
(II) the maker is not the source of the republished
year 2000
statement, the republished statement is based on
information
supplied by another person or entity, and the notice
or republished
statement identifies the source of the republished
statement.
(c) DEFAMATION OR SIMILAR CLAIMS- In a covered action arising under
any
Federal or State law of defamation, trade disparagement, or a similar
claim, to the
extent such action is based on an allegedly false, inaccurate, or
misleading year 2000
statement, the maker of that year 2000 statement shall not be liable
with respect to that
year 2000 statement, unless the claimant establishes by clear and
convincing evidence,
in addition to all other requisite elements of the applicable action,
that the year 2000
statement was made with knowledge that the year 2000 statement was
false or made
with reckless disregard as to its truth or falsity.
(d) YEAR 2000 INTERNET WEBSITE-
(1) IN GENERAL- Except as provided in paragraph (2), in any
covered action,
other than a covered action involving personal injury or serious
physical damage
to property, in which the adequacy of notice about year 2000
processing is at
issue, the posting, in a commercially reasonable manner and for
a commercially
reasonable duration, of a notice by the entity charged with
giving such notice on
the year 2000 Internet website of that entity shall be deemed to
be an adequate
mechanism for providing that notice.
(2) EXCEPTION- Under paragraph (1) the notice shall not be
adequate if the
trier of fact finds that the use of the mechanism of notice--
(A) is contrary to express prior representations made by
the party giving
notice;
(B) is materially inconsistent with the regular course of
dealing between the
parties; or
(C) occurs where there have been no prior representations
regarding the
mechanism of notice and no regular course of dealing exists
between the
parties and where actual notice is clearly the most
commercially reasonable
means of providing notice.
(3) CONSTRUCTION- Nothing in this subsection shall--
(A) alter or amend any Federal or State statute or
regulation requiring that
notice about year 2000 processing be provided using a
different
mechanism;
(B) create a duty to provide notice about year 2000
processing;
(C) preclude or suggest the use of any other medium for
notice about year
2000 processing or require the use of an Internet website;
or
(D) mandate the content or timing of any notices about year
2000
processing.
(e) LIMITATION ON EFFECT OF YEAR 2000 STATEMENTS-
(1) IN GENERAL- In any covered action, a year 2000 statement
shall not be
interpreted or construed as an amendment to or alteration of a
contract or
warranty, whether entered into by or approved for a public or
private entity.
(2) NOT APPLICABLE-
(A) IN GENERAL- This subsection shall not apply--
(i) to the extent the party whose year 2000 statement
is alleged to
have amended or altered a contract or warranty has
otherwise
agreed in writing to so alter or amend the contract or
warranty;
(ii) to a year 2000 statement made in conjunction with
the formation
of the contract or warranty; or
(iii) if the contract or warranty specifically
provides for its
amendment or alteration through the making of a year
2000
statement.
(B) RULE OF CONSTRUCTION- Nothing in this subsection is
intended to
affect applicable Federal or State law in effect as of the
date of enactment
of this Act with respect to determining the extent to which
a year 2000
statement within the scope of clause (i), (ii), or (iii) of
subparagraph (A)
affects a contract or warranty.
(f) SPECIAL DATA GATHERING-
(1) IN GENERAL- A Federal entity, agency, or authority may
expressly designate
a request for the voluntary provision of information relating to
year 2000
processing, including year 2000 statements, as a special year
2000 data gathering
request made pursuant to this subsection.
(2) SPECIFICS- A special year 2000 data gathering request made
under this
subsection shall specify a Federal entity, agency, or authority,
or with the consent
of the designee, another public or private entity, agency or
authority, to gather
responses to the request.
(3) PROTECTIONS- Except with the express consent or permission
of the
provider of information described in paragraph (1), any year
2000 statements or
other such other information provided by a party in response to
a special year
2000 data gathering request made under this subsection--
(A) shall be exempt from disclosure under subsection (b) (4)
of section 552
of title 5, United States Code, commonly known as the
'Freedom of
Information Act' ;
(B) shall be prohibited from disclosure to any third party;
and
(C) may not be used by any Federal entity, agency, or
authority or by any
third party, directly or indirectly, in any civil action
arising under any
Federal or State law.
(4) EXCEPTIONS-
(A) INFORMATION OBTAINED ELSEWHERE- Nothing in this
subsection
shall preclude a Federal entity, agency, or authority or
any third party from
separately obtaining the information submitted in response
to a request
under this subsection through the use of independent legal
authorities, and
using such separately obtained information in any action.
(B) VOLUNTARY DISCLOSURE- A restriction on use or
disclosure of
information under this subsection shall not apply to any
information
disclosed to the public with the express consent of the
party responding to
the request or disclosed by such party separately from a
response to a
special year 2000 data gathering request.
SEC. 5. TEMPORARY ANTITRUST EXEMPTION.
(a) EXEMPTION- Except as provided in subsection (b), the antitrust
laws shall not
apply to conduct engaged in, including making and implementing an
agreement, solely
for the purpose of--
(1) facilitating responses intended to correct or avoid a
failure of year 2000
processing in a computer system, in a component of a computer
system, in a
computer program or software, or services utilizing any such
system, component,
program, or hardware; or
(2) communicating or disclosing information to help correct or
avoid the effects
of year 2000 processing failure.
(b) APPLICABILITY- Subsection (a) shall apply only to conduct that
occurs, or an
agreement that is made and implemented, after the date of enactment
of this Act and
before July 14, 2001.
(c) EXCEPTION TO EXEMPTION- Subsection (a) shall not apply with
respect to
conduct that involves or results in an agreement to boycott any
person, to allocate a
market or fix prices or output.
(d) RULE OF CONSTRUCTION- The exemption granted by this section shall
be
construed narrowly.
SEC. 6. EXCLUSIONS.
(a) EFFECT ON INFORMATION DISCLOSURE- This Act does not affect,
abrogate,
amend, or alter the authority of a Federal or State entity, agency,
or authority to
enforce a reqUirement to provide or disclose, or not to provide or
disclose, information
under a Federal or State statute or regulation or to enforce such
statute or regulation.
(b) CONTRACTS AND OTHER CLAIMS-
(1) IN GENERAL- Except as may be otherwise provided in
subsections (a) and (e)
of section 4, this Act does not affect, abrogate, amend, or
alter any right
established by contract or tariff between any person or entity,
whether entered
into by a public or private person entity, under any Federal or
State law.
(2) OTHER CLAIMS- In any covered action brought by a consumer,
this Act does
not apply to a year 2000 statement expressly made in a
solicitation, including an
advertisement or offer to sell, to that consumer by a seller,
manufacturer, or
provider of a consumer product.
(3) RULE OF CONSTRUCTION- Nothing in this Act shall be construed
to
preclude any claims that are not based exclusively on year 2000
statements.
(c) DUTY OR STANDARD OF CARE-
(1) IN GENERAL- This Act shall not impose upon the maker of any
year 2000
statement any more stringent obligation, duty, or standard of
care than is
otherwise applicable under any other Federal law or State law.
(2) ADDITIONAL DISCLOSURE- This Act does not preclude any party
from
making or providing any additional disclosure, disclaimer, or
similar provisions in
connection with any year 2000 readiness disclosure or year 2000
statement.
(3) DUTY OF CARE- This Act shall not be deemed to alter any
standard or duty
of care owed by a fiduciary, as defined or determined by
applicable Federal or
State law.
(d) INTELLECTUAL PROPERTY RIGHTS- This Act does not affect, abrogate,
amend,
or alter any right in a patent, copyright, semiconductor mask work,
trade secret, trade
name, trademark, 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
statement.
SEC. 7. APPLICABILITY.
(a) EFFECTIVE DATE-
(1) IN GENERAL- Except as otherwise provided in this section,
this Act shall
become effective on the date of enactment of this Act.
(2) APPLICATION TO LAWSUITS PENDING- This Act shall not affect
or apply
to any lawsuit pending on July 14, 1998.
(3) APPLICATION TO STATEMENTS AND DISCLOSURES- Except as provided
in subsection (b)--
(A) this Act shall apply to any year 2000 statement made on
or after July
14, 1998 through July 14, 2001; and
(B) this Act shall apply to any year 2000 readiness
disclosure made after the
date of enactment of this Act through July 14, 2001.
(b) PREVIOUSLY MADE READINESS DISCLOSURE-
(1) IN GENERAL- For the purposes of section 4(a), a person or
entity that issued
or published a year 2000 statement after January 1, 1996, and
before the date of
enactment of this Act, may designate that year 2000 statement as
a year 2000
readiness disclosure if--
(A) the year 2000 statement complied with the requirements
of section 4(b)
when made, other than being clearly designated on its face
as a disclosure;
(B) within 45 days after the date of enactment of this Act,
the person or
entity seeking the pesignation provides notice--
(i) by individual notice that meets the requirements
of paragraph (2)
to all recipients of the applicable year 2000
statement; and
(ii) a prominent posting notice that meets the
requirements of
paragraph (2) on its year 2000 Internet website,
commencing prior to
the end of the 45-day period under this subparagraph
and extending
for a minimum of 45 consecutive days and also by using
the same
method of notification used to originally provide the
applicable year
2000 statement.
(2) REQUIREMENTS- A notice under paragraph (1) (B) shal1--
(A) state that the year 2000 statement that is the subject
of the notice is
being designated a year 2000 readiness disclosure; and
(B) include a copy of the year 2000 statement with a legend
labeling the
statement as a 'Year 2000 Readiness Disclosure' .
(c) EXCEPTION- No designation of a year 2000 statement as a
disclosure under
subsection (b) shall apply with respect to any person or entity that--
(1) proves, by clear and convincing evidence, that it relied on
the year 2000
statement prior to the receipt of notice described above and it
would be
prejudiced by the retroactive designation of the year 2000
statement as a
disclosure; and
(2) provides to the person or entity seeking the designation a
written notice
objecting to the designation within 45 days after receipt of
individual notice
under subsection (b) (2)(B) (i), or within 180 days after the date
of enactment of
this Act, in the case of notice provided under subsection
(b) (2) (B) (ii) .
SEC. 8. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.
(a) NATIONAL WEBSITE-
(1) IN GENERAL- The Administrator of General Services shall
create and
maintain a national year 2000 website, and promote its
availability, designed to
assist consumers, small business, and local governments in
obtaining information
from other governmental websites, hotlines, or information
clearinghouses about
year 2000 Processing of computers, systems, products and
services, including
websites maintained by independent agencies and other departme
nts.
(2) CONSULTATION- In creating the national year 2000 website, the
Administrator of Genera1'Services shall consult with--
(A) the Director of the Office of Management and Budget;
(B) the Administrator of the Small Business Administration;
(C) the Consumer Product Safety Commission;
(D) officials of State and local governments;
(E) the Director of the National Institute of Standards and
Technology;
(F) representatives of consumer and industry groups; and
(G) representatives of other entities, as determined
appropriate.
(b) REPORT- The Administrator of General Services shall submit a
preliminary report
to the Committees on the Judiciary of the Senate and the House of
Representatives and
the Committee on Governmental Affairs of the Senate and the Committee
on
Government Reform and Oversight of the House of Representatives not
later than 60
days after the date of enactment of this Act regarding planning to
comply with the
requirements of this section.
Amend the title so as to read: 'To encourage the disclosure and exchange
of information about
computer processing problems, solutions, test practices and test results,
and related matters in
connection with the transition to the year 2000.'.
END
9:43 AM 23 Sep 1998
| from: |
Ingrid M. Schroeder |
| to: |
HUD-LRM, agc.llr, Alan B., Allan E., Anthony J., Barry, Barry T., Bruce D., Bruce W. McConnell, ca. legislation, cftclrm, cIa, congress.affairs, cpsc-cr, David H., David J., David Y., dodlrs, dol-sol-Ieg, Donald R. Arbuckle, dot.legislation, Edward Brigham, Elena Kagan, elrm, energy.ge, epalrm, fdielrm, ferc_lrm, frbcongressional, G. E., Janet B., Jefferson B., Jim, John A., justice.lrm, Kathleen, Kenneth L. Schwartz, laffairs, legis, Lisa M., lmiller, lrm, Mathew C. Blum, Michelle, oel, ogc_legislation, oliafcc, Paul J. Weinstein, Peter N., Phyllis, rademachpr, Randolph M., Robert G., Robert N., Ronald M., Sarah, seelegis, ssa.lrm, Steven D. Aitken, Toby Costanzo, valrm, vancell |
| cc: |
James J. Jukes, Jeffrey A. Farkas, Kate P. |
Total Pages: ____
LRM ID: IMS428
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Tuesday, September 22, 1998
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer - See Distribution below
FROM: Jeffrey A. Weinberg (for) Assistant Director for Legislative
Reference
OMB CONTACT: Ingrid M. Schroeder
PHONE: (202)395-3883 FAX: (202)395-3109
SUBJECT: Statement of Administration Policy on S2392 Year 2000
Information Disclosure Act
DEADLINE: COB Thursday, September 24, 1998
In accordance with OMB Circular A-19, OMB requests the views of your
agency on the above subject before advising on its relationship to the
program of the President. Please advise us if this item will affect
direct spending or receipts for purposes of the "Pay-As-You-Go" provisions
of Title XIII of the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: S. 2392 is based on the Administration's bill transmitted to
congress on 7/27/98.
DISTRIBUTION LIST
AGENCIES:
7-AGRICULTURE - Marvin Shapiro - (202) 720-1516
25-COMMERCE - Michael A. Levitt - (202) 482-3151
27-Consumer Product Safety Commission - Robert J. Wager - (301) 504-0515
29-DEFENSE - Samuel T. Brick Jr. - (703) 697-1305
30-EDUCATION - Jack Kristy - (202) 401-8313
32-ENERGY - Bob Rabben - (202) 586-6718
51-General Services Administration - William R. Ratchford - (202) 501-0563
52-HHS - Sondra S. Wallace - (202) 690-7760
54-HUD - Allen I. Polsby - (202) 708-1793
59-INTERIOR - Jane Lyder - (202) 208-4371
61-JUSTICE - L. Anthony Sutin - (202) 514-2141
62-LABOR - Robert A. Shapiro - (202) 219-8201
76-National Economic Council - Sonyia Matthews - (202) 456-6630
114-STATE - Paul Rademacher - (202) 647-4463
117 and 340-TRANSPORTATION - Tom Herlihy - (202) 366-4687
118-TREASURY - Richard S. Carro - (202) 622-0650
129-VETERANS AFFAIRS - John H. Thompson - (202) 273-6666
36-Federal Communications Commission - Sheryl Wilkerson - (202) 418-1900
37-Federal Deposit Insurance Corporation - Alice C. Goodman - (202)
898-8730
40-Federal Energy Regulatory Commission - Don Chamblee - (202) 208-0870
33-Environmental Protection Agency - John Reeder - (202) 260-5414
47-Federal Reserve System - Donald J. Winn - (202) 452-3456
49-Federal Trade Commission - Lorraine C. Miller - (202) 326-2195
82-Nuclear Regulatory Commission- Trip Rothschild - (301) 415-1611
95-0ffice of Science and Technology Policy - Jeff Smith - (202) 456-6047
108-Securities and Exchange Commission - Kaye F. Williams - (202) 942-0014
107-Small Business Administration - Mary Kristine Swedin - (202) 205-6700
110-Social Security Administration - Judy Chesser - (202) 358-6030
69-National Aeronautics & Space Administration - Ed Heffernan - (202)
358-1948
84-National Science Foundation - Lawrence Rudolph - (703) 306-1060
20-Commodity Futures Trading Commission - Tom Erickson - (202) 418-5075
39-Federal Emergency Management Agency - Ernest B. Abbott - (202) 646-4105
68-National Archives and Records Administration - John A. Constance -
(301) 71_3 -7340
128-US Trade Representative - Fred Montgomery - (202) 395-3475
EOP:
Robert N. Weiner
Elena Kagan
Paul J. weinstein Jr.
Jim Kohlenberger
Lisa M. Brown
Lisa M. Kountoupes
Sarah Rosen
Janet B. Abrams
Phyllis Kaiser-Dark
John A. Koskinen
Donald R. Arbuckle
Bruce W. McConnell
Jefferson B. Hill
Peter N. weiss
Kenneth L. Schwartz
David J. Haun
Alan B. Rhinesmith
Edward A. Brigham
Barry T. Clendenin
Bruce D. Long
Barry White
David H. Morrison
Kathleen Peroff
Ronald M. Cogswell
G. E. DeSeve
Mathew C. Blum
Allan E. Brown
Robert G. Damus
Steven D. Aitken
Randolph M. Lyon
Michelle Peterson
Kate Donovan
LRM ID: IMS428 SUBJECT: Statement of Administration Policy on S2392
Year 2000 Information Disclosure Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no
comment), we prefer that you respond bye-mail or by faxing us this
response sheet. If the response is short and you prefer to call, please
call the branch-wide line shown below (NOT the analyst's line) to leave a
message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be
connected to voice mail if the analyst does not answer); or
(2) sending us a memo or letter
please include the LRM number shown above, and the subject shown below.
TO: Ingrid M. Schroeder Phone: 395-3883 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM: (Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on
the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of _____ pages, attached to this response sheet
DRAFT - - NOT FOR RELEASE .
September 22, 1998
(Senate)
S. 2392 - Year 2000 Information Disclosure Act
(Bennett (R) Utah and 4 cosponsors)
The Administration strongly supports Senate. passage of S. 2392 which would
encourage organizations to share year 2000 (Y2K) information by limiting
liability for good faith information disclosures. The bill is based on an
Administration proposal.
As the President stated on September 18, 1998, enactment of this i.mportant
legislation will help businesses and government agencies work through the
Y2K problem. The legislation must be enacted this year to be effective in
helping our Nation prepare its computer systems for the new millenium.
* * * * * * *
Calendar No. 584
105th CONGRESS
2d Session
S. 2392
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.
September 17, 1998
Reported with an amendment and an amendment to the title
S 2392 RS
Calendar No. 584
10Sth CONGRESS
2d Session
S. 2392
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 SENATE OF THE UNITED STATES
July 30, 1998
Mr. BENNETT (by request) (for himself, Mr. DODD, Mr. MOYNIHAN, Mr. KOHL,
and Mr.
ROBB) introduced the following bill; which was read twice and referred to
the Committee on the
Judiciary
September 17, 1998
Reported by Mr. HATCH, with an amendment and an amendment to the title
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 Representatives of the
United States of
America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Year 2000 Information and Readiness
Disclosure Act' .
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds the following:
(1) (A) At least thousands but possibly millions of information
technology
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 those dates
represent the year 1900 or
thereafter or will fail to process those dates.
(B) The problem described in subparagraph (A) and resulting
failures could
incapacitate systems that are essential to the functioning of
markets, commerce,
consumer products, utilities, government, and safety and defense
systems, in the
United States and throughout the world.
(C) Reprogramming or replacing affected systems before the
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--
(A) would greatly enhance the ability of public and private
entities to
improve their year 2000 readiness; and
(B) is therefore a matter of national importance and a
vital factor in
minimizing any potential year 2000 related 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 readiness information is impeding the
disclosure and
exchange of such information.
(4) The capability to freely disseminate and exchange
information relating to year
2000 readiness, solutions, test practices and test results, with
the public and other
entities 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
Constitution of the United States, the purposes of this Act are--
(1) to promote the free disclosure and exchange of information
related to year
2000 readiness;
(2) to assist consumers, small businesses, and local governments
in effectively and
rapidly responding to year 2000 problems; and
(3) 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.
In this Act:
(1) ANTITRUST LAWS- The term 'antitrust laws'--
(A) has the meaning given to it in subsection (a) of the
first section of the
Clayton Act (15 U.S.C. 12(a)), except that such term
includes section 5 of
the Federal Trade Commission Act (15 U.S.C. 45) to the ext
ent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws referred to
in subparagraph
(A) .
(2) CONSUMER- The term 'consumer' means an individual who
acquires a
consumer product other than for purposes of resale.
(3) CONSUMER PRODUCT- The term 'consumer product' means any
personal
property or service which is normally used for personal, family,
or household
purposes.
(4) 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.
(5) MAKER- The term 'maker' means each person or entity,
including a State or
political subdivision thereof, that issues or publishes any year
2000 statement, or
develops or prepares, or assists in, contributes to, or reviews,
reports or
comments on during, or approves, or otherwise takes part in the
preparing,
developing, issuing, approving, or publishing any year 2000
statement.
(6) REPUBLICATION- The term 'republication' means any
repetition, in whole or
in part, of a year 2000 statement originally made by another.
(7) YEAR 2000 INTERNET WEBSITE- The term 'year 2000 Internet
website'
means an Internet website or other similar electronically
accessible service,
clearly designated on the website or service by the person or
entity creating or
controlling the content of the website or service as an area
where year 2000
statements concerning that person or entity are posted or
otherwise made
accessible to the general public.
(8) 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.
(9) YEAR 2000 READINESS DISCLOSURE- The term 'year 2000 readiness
disclosure' means any written year 2000 statement, clearly
identified on its face as
a year 2000 readiness disclosure inscribed on a tangible medium
or stored in an
electronic or other medium and retrievable in perceivable form
and issued or
published by or with the approval of an entity with respect to
year 2000
processing of that entity or of products or services .offered by
that entity.
(10) YEAR 2000 STATEMENT-
(A) IN GENERAL- The term 'year 2000 statement' means any
communication or other conveyance of information by a party
to another
or to the public, in any form or medium--
(i) concerning an assessment, projection, or estimate
concerning year
2000 processing capabilities of any entity, product,
or service, or a
set of products and services;
(ii) 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;
(iii) concerning test plans, test dates, test results,
or operational
problems or solutions related to year 2000 processing
by--
(I) products; or
(II) services that incorporate or utilize
products; or
(iv) reviewing, commenting on, or otherwise directly
or indirectly
relating to year 2000 processing capabilities.
(B) NOT INCLUDED- The term does not include for the
purposes of any
action 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)), any
document or material 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. 781(i, or any d
isclosure or
writing that when made accompanied the solicitation of an
offer or sale of
securities.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) EVIDENCE EXCLUSION- No year 2000 readiness disclosure, in whole
or in part,
shall be admissible against the maker of the disclosure to prove the
accuracy or truth of
any year 2000 statement set forth in that disclosure, in any covered
action brought by
another party except that--
(1) a disclosure may serve as the basis for a claim for
anticipatory breach or
repudiation or a similar claim against the maker; to the extent
provided by
applicable law; and
(2) the court in any covered action shall have discretion to
limit application of
this subsection in any case in which the court determines that
the maker's use of
that disclosure amounts to bad faith, or fraud, or is otherwise
is beyond what is
reasonable to achieve the purposes of this Act.
(b) FALSE, MISLEADING AND INACCURATE YEAR 2000 STATEMENTS- Except as
otherwise provided in subsection (c), in any covered action, to the
extent that such
action is based on an allegedly false, inaccurate, or misleading year
2000 statement, the
maker of that year 2000 statement shall not be liable under Federal
or State law with
respect to that year 2000 statement unless the claimant establishes,
in addition to all
other requisite element.s of the applicable action, by clear and
convincing evidence,
that--
(1) the year 2000 statement was material; and
(2) (A) to the extent the year 2000 statement was not a
republication of a year
2000 statement originally made by a third party, that the maker
made the year
2000 statement--
(i) with actual knowledge that the year 2000 statement was
false,
inaccurate, or misleading;
(ii) with intent to deceive or mislead; or
(iii) with a reckless disregard as to the accuracy of the
year 2000
statement; or
(B) to the extent the year 2000 statement was a republication of
a year 2000
statement originally made by a third party, that the maker of
the republication
made the year 2000 statement--
(i) with actual knowledge that the year 2000 statement was
false,
inaccurate, or misleading;
(ii) with intent to deceive or mislead; or
(iii) without notice in that year 2000 statement that--
(I) the maker has not verified the contents of the
republication; or
(II) the maker is not the source of the republished
year 2000
statement, the republished statement is based on
information
supplied by another person or entity, and the notice
or republished
statement identifies the source of .the republished
statement.
(c) DEFAMATION OR SIMILAR CLAIMS- In a covered action arising under
any
Federal or State law of defamation, trade disparagement, or a similar
claim, to the
extent such action is based on an allegedly false, inaccurate, or
misleading year 2000
statement, the maker of that year 2000 statement shall not be liable
with respect to that
year 2000 statement, unless the claimant establishes by clear and
convincing evidence,
in addition to all other requisite elements of the applicable action,
that the year 2000
statement was made with knowledge that the year 2000 statement was
false or made
with reckless disregard as to its truth or falsity.
(d) YEAR 2000 INTERNET WEBSITE-
(1) IN GENERAL- Except as provided in paragraph (2), in any
covered action,
other than a covered action involving personal injury or serious
physical damage
to property, in which the adequacy of notice about year 2000
processing is at
issue, the posting, in a commercially reasonable manner and for
a commercially
reasonable duration, of a notice by the entity charged with
giving such notice on
the year 2000 Internet website of that entity shall be deemed to
be an adequate
mechanism for providing that notice.
(2) EXCEPTION- Under paragraph (1) the notice shall not be
adequate if the
trier of fact finds that the use of the mechanism of notice--
(A) is contrary to express prior representations made by
the party giving
notice;
(B) is materially inconsistent with the regular course of
dealing between the
parties; or
(C) occurs where there have been no prior representations
regarding the
mechanism of notice and no regular course of dealing exists
between the
parties and where actual notice is clearly the most
commercially reasonable
means of providing notice.
(3) CONSTRUCTION- Nothing in this subsection shall--
(A) alter or amend any Federal or State statute or
regulation requiring that
notice about year 2000 processing be provided using a
different
mechanism;
(B) create a duty to provide notice about year 2000
processing;
(C) preclude or suggest the use of any other medium for
notice about year
2000 processing or require the use of an Internet website;
or
(D) mandate the content or timing of any notices about year
2000
processing.
(e) LIMITATION ON EFFECT OF YEAR 2000 STATEMENTS-
(1) IN GENERAL- In any covered action, a year 2000 statement
shall not be
interpreted or construed as an amendment to or alteration of a
contract or
warranty, whether entered into by or approved for a public or
private entity.
(2) NOT APPLICABLE-
(A) IN GENERAL- This subsection shall not apply--
(i) to the extent the party whose year 2000 statement
is alleged to
have amended or altered a contract or warranty has
otherwise
agreed in writing to so alter or amend the contract or
warranty;
(ii) to a year 2000 statement made in conjunction with
the formation
of the contract or warranty; or
(iii) if the contract or warranty specifically
provides for its
amendment or alteration through the making of a year
2000
statement.
(B) RULE OF CONSTRUCTION- Nothing in this subsection is
intended to
affect applicable Federal or State law in effect as of the
date of enactment
of this Act with respect to determining the extent to which
a year 2000
statement within the scope of clause (i), (ii), or (iii) of
subparagraph (A)
affects a contract or warranty.
(f) SPECIAL DATA GATHERING-
(1) IN GENERAL- A Federal entity, agency, or authority may
expressly designate
a request for the voluntary provision of information relating to
year 2000
processing, including year 2000 statements, as a special year
2000 data gathering
request made pursuant to this subsection.
(2) SPECIFICS- A special year 2000 data gathering request made
under this
subsection shall specify a Federal entity, agency, or authority,
or with the consent
of the designee, another public or private entity, agency or
authority, to gather
responses to the request.
(3) PROTECTIONS- Except with the express consent or permission
of the
provider of information described in paragraph (1), any year
2000 statements or
other such other information provided by a party in response to
a special year
2000 data gathering request made under this subsection--
(A) shall be exempt from di'sclosure under subsection (b) (4)
of section 552
of title 5, united States Code, commonly known as the
'Freedom of
Information Act' ;
(B) shall be prohibited from disclosure to any third party;
and
(C) may not be used by any Federal entity, agency, or
authority or by any
third party, directly or indirectly, in any civil action
arising under any
Federal or State law.
(4) EXCEPTIONS-
(A) INFORMATION OBTAINED ELSEWHERE- Nothing in this
subsection
shall preclude a Federal entity, agency, or authority or
any third party from
separately obtaining the information submitted in response
to a request
under this subsection through the use of independent legal
authorities, and
using such separately obtained information in any action.
(B) VOLUNTARY DISCLOSURE- A restriction on use or
disclosure of
information under this subsection shall not apply to any
information
disclosed to the public with the express consent of the
party responding to
the request or disclosed by such party separately from a
response to a
special year 2000 data gathering request.
SEC. 5. TEMPORARY ANTITRUST EXEMPTION.
(a) EXEMPTION- Except as provided in subsection (b), the antitrust
laws shall not
apply to conduct engaged in, including making and implementing an
agreement, solely
for the purpose of--
(1) facilitating responses intended to correct or avoid a
failure of year 2000
processing in a computer system, in a component of a computer
system, in a
computer program or software, or services utilizing any such
system, component,
program, or hardware; or
(2) communicating or disclosing information to help corrector
avoid the effects
of year 2000 processing failure.
(b) APPLICABILITY- Subsection (a) shall apply only to conduct that
occurs, or an
agreement that is made and implemented, after the date of enactment
of this Act and
before July 14, 2001.
(c) EXCEPTION TO EXEMPTION- Subsection (a) shall not apply with
respect to
conduct that involves or results in an agreement to boycott any
person, to allocate a
market or fix prices or output.
(d) RULE OF CONSTRUCTION- The exemption granted by this section shall
be
construed narrowly.
SEC. 6. EXCLUSIONS.
(a) EFFECT ON INFORMATION DISCLOSURE- This Act does not affect,
abrogate,
amend, or alter the authority of a Federal or State entity, agency,
or authority to
enforce a requirement to provide or disclose, or not to provide or
disclose, information
under a Federal or State statute or regulation or to enforce such
statute or regulation.
(b) CONTRACTS AND OTHER CLAIMS-
(1) IN GENERAL- Except as may be otherwise provided in
subsections (a) and (e)
of section 4, this Act does not affect, abrogate, amend, or
alter any right
established by contract or tariff between any person or entity,
whether entered
into by a public or private person entity, under any Federal or
State law.
(2) OTHER CLAIMS- In any covered action brought by a consumer,
this Act does
not apply to a year 2000 statement expressly made in a
solicitation, including an
advertisement or offer to sell, to that consumer by a seller,
manufacturer, or
provider of a consumer product.
(3) RULE OF CONSTRUCTION- Nothing in this Act shall be construed
to
preclude any claims that are not based exclusively on year 2000
statements.
(c) DUTY OR STANDARD OF CARE-
(1) IN GENERAL- This Act shall not impose upon the maker of any
year 2000
statement any more stringent obligation, duty, or standard of
care than is
otherwise applicable under any other Federal law or State law.
(2) ADDITIONAL DISCLOSURE- This Act does not preclude any party
from
making or providing any additional disclosure, disclaimer, or
similar provisions in
connection with any year 2000 readiness disclosure or year 2000
statement.
(3) DUTY OF CARE- This Act shall not be deemed to alter any
standard or duty
of care owed by a fiduciary, as defined or determined by
applicable Federal or
State law.
(d) INTELLECTUAL PROPERTY RIGHTS- This Act does not affect, abrogate,
amend,
or alter any right in a patent,. copyright, semiconductor mask work,
trade secret, trade
name, trademark, 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
statement.
SEC. 7. APPLICABILITY.
(a) EFFECTIVE DATE-
(1) IN GENERAL- Except as otherwise provided in this section,
this Act shall
become effective on the date of enactment of this Act.
(2) APPLICATION TO LAWSUITS PENDING- This Act shall not affect
or apply
to any lawsuit pending on July 14, 1998.
(3) APPLICATION TO STATEMENTS AND DISCLOSURES- Except as provided
in subsection (b)--
(A) this Act shall apply to any year 2000 statement made on
or after July
14, 1998 through July 14, 2001; and
(B) this Act shall apply to any year 2000 readiness
disclosure made after the
date of enactment of this Act through July 14, 2001.
(b) PREVIOUSLY MADE READINESS DISCLOSURE-
(1) IN GENERAL- For the purposes of section 4(a), a person or
entity that issued
or published a year 2000 statement after January 1, 1996, and
before the date of
enactment of this Act, may designate that year 2000 statement as
a year 2000
readiness disclosure if--
(A) the year 2000 statement complied with the requirements
of section 4(b)
when made, other than being clearly designated on its face
as a disclosure;
(B) within 45 days after the date of enactment of this Act,
the person or
entity seeking the designation provides notice--
(i) by individual notice that meets the requirements
of paragraph (2)
to all recipients of the applicable year 2000
statement; and
(ii) a prominent posting notice that meets the
requirements of
paragraph (2) on its year 2000 Internet website,
commencing prior to
the end of the 45-day period under this subparagraph
and extending
for a minimum of 45 consecutive days and also by using
the same
method of notification used to originally provide the
applicable year
2000 statement.
(2) REQUIREMENTS- A notice under paragraph (1) (B) shall--
(A) state that the year 2000 statement that is the subject
of the notice is
being designated a year 2000 readiness disclosure; and
(B) include a copy of the year 2000 statement with a legend
labeling the
statement as a 'Year 2000 Readiness Disclosure'.
(c) EXCEPTION- No designation of a year 2000 statement as a
disclosure under
subsection (b) shall apply with respect to any person or entity that--
(1) proves, by clear and convincing evidence, that it relied on
the year 2000
statement prior to the receipt of notice described above and it
would be
prejudiced by the retroactive designation of the year 2000
statement as a
disclosure; and
(2) provides to the person or entity seeking the designation a
written notice
objecting to the designation within 45 days after receipt of
individual notice
under subsection (b) (2) (B) (i), or within 180 days after the date
of enactment of
this Act, in the case of notice provided under subsection
(b) (2) (B) (ii) .
SEC. 8. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.
(a) NATIONAL WEBSITE-
(1) IN GENERAL- The Administrator of General Services shall
create and
maintain a national year 2000 website, and promote its
availability, designed to
assist consumers, small business, and local governments in
obtaining information
from other governmental websites, hotlines, or information
clearinghouses about
year 2000 Processing of computers, systems, products and
services, including
websites maintained by independent agencies and other departme
nts.
(2) CONSULTATION- In creating the national year 2000 website, the
Administrator of General Services shall consult with--
(A) the Director of the Office of Management and Budget;
ARMS Email System
\ Page 200[20
(B) the Administrator of the Small Business Administration;
(C) the Consumer Product Safety Commission;
(D) officials of State and local governments;
(E) the Director of the National Institute of Standards and
Technology;
(F) representatives of consumer and industry groups; and
(G) representatives of other entities, as determined
appropriate.
(b) REPORT- The Administrator of General Services shall submit a
preliminary report
to the Committees on the Judiciary of the Senate and the House of
Representatives and
the Committee on Governmental Affairs of the Senate and the Committee
on
Government Reform and Oversight of the House of Representatives not
later than 60
days after the date of enactment of this Act regarding planning to
comply with the
requirements of this section.
Amend the title so as to read: -To encourage the disclosure and exchange
of information about
computer processing problems, solutions, test practices and test results,
and related matters in
connection with the transition to the year 2000.'.
END
