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S 2392 - 105

Year 2000 Information and Readiness Disclosure Act

Became Public Law No: 105-271.

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Summary

35 Passed Senate amended Jan 11, 2001

Year 2000 Information and Readiness Disclosure Act - Provides that no Year 2000 (Y2K problem) readiness disclosure (a statement concerning Year 2000 computer compliance information) shall be admissible in any civil action arising under Federal or State law against the maker of the disclosure to prove the accuracy or truth of any year 2000 statement in such disclosure, except: (1) as the basis for a claim for anticipatory breach or repudiation or a similar claim against the maker; and (2) when a court determines that the maker's disclosure amounts to bad faith or fraud or is otherwise unreasonable. Provides that the maker of such a statement shall not be liable in an action based on an allegedly false, inaccurate, or misleading year 2000 statement unless the claimant establishes that the statement was material and, to the extent that the statement was not a republication of another's original statement, was made with: (1) knowledge of it being false, inaccurate, or misleading; and (2) an intent to deceive or mislead or with reckless disregard of its accuracy. Precludes maker liability in such an action to the extent that the statement was a republication of another party, unless the claimant establishes that the maker made the statement: (1) with knowledge of it being false, inaccurate, or misleading and with the intent to deceive or mislead; or (2) without notice in such statement that the maker has not verified the contents of the republication or that the maker is not the source of the republication and that the republication is based on information supplied by another person or entity identified in that statement or republication. Provides that the maker of a year 2000 statement shall not be liable in an action for defamation or trade disparagement to the extent such action is based on an allegedly false, inaccurate, or misleading statement, unless the claimant establishes that the statement was made with knowledge of it being false or with reckless disregard as to its truth or falsity. Provides that the posting of notice on its year 2000 Internet website in a commercially reasonable manner and for a commercially reasonable time by an entity charged with giving notice about year 2000 processing shall be deemed an adequate mechanism for providing such notice (with an exception). Prohibits year 2000 statements from being interpreted or construed as an amendment to or alteration of a 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 under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law. Provides exceptions for information obtained through independent sources or in the case of voluntary disclosure. Provides an exemption from antitrust laws for conduct intended to: (1) facilitate responses to correct or avoid a failure of year 2000 processing in a computer system or related software or hardware; or (2) communicate or disclose information to help correct or avoid the effects of year 2000 processing failure. Specifies exclusions from this Act. Makes this Act applicable to: (1) year 2000 statements made on or after July 14, 1998, through July 14, 2001; and (2) year 2000 readiness disclosures made after the date of enactment of this Act through July 14, 2001. Provides for the treatment of previously made readiness disclosures, with exceptions. Authorizes the President's Year 2000 Council to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address Y2K problems and to share information related to year 2000 readiness. Requires the Council to maintain and make available a printed and electronic list of such working groups, as well as a point of contact for each group. Terminates such authority on December 31, 2000. Directs the Administrator of General Services to create, maintain, and promote, until July 14, 2002, a national year 2000 website to assist consumers, small business, and local governments in obtaining information about year 2000 processing of computers, systems, products, and services. Requires a website planning report from the Administrator to specified congressional committees.

01 Reported to Senate with amendment(s) Jan 11, 2001

Year 2000 Information and Readiness Disclosure Act - Provides that no Year 2000 (Y2K problem) readiness disclosure (a statement concerning Year 2000 computer compliance information) shall be admissible in any civil action arising under Federal or State law against the maker of the disclosure to prove the accuracy or truth of any year 2000 statement in such disclosure, except: (1) as the basis for a claim for anticipatory breach or repudiation or a similar claim against the maker; and (2) when a court determines that the maker's disclosure amounts to bad faith or fraud or is otherwise unreasonable. Provides that the maker of such a statement shall not be liable in an action based on an allegedly false, inaccurate, or misleading year 2000 statement unless the claimant establishes that the statement was material and, to the extent that the statement was not a republication of another's original statement, was made with: (1) knowledge of it being false, inaccurate, or misleading; and (2) an intent to deceive or mislead or with reckless disregard of its accuracy. Precludes maker liability in such an action to the extent that the statement was a republication of another party, unless the claimant establishes that the maker made the statement: (1) with knowledge of it being false, inaccurate, or misleading and with the intent to deceive or mislead; or (2) without notice in such statement that the maker has not verified the contents of the republication or that the maker is not the source of the statement, the statement is based on information supplied by another person, and the notice or republished statement identifies the source of the statement. Provides that the maker of a year 2000 statement shall not be liable in an action for defamation or trade disparagement to the extent such action is based on an allegedly false, inaccurate, or misleading statement, unless the claimant establishes that the statement was made with knowledge of it being false or with reckless disregard as to its truth or falsity. Provides that the posting of notice on its year 2000 Internet website in a commercially reasonable manner and for a commercially reasonable time by an entity charged with giving notice about year 2000 processing shall be deemed an adequate mechanism for providing such notice (with an exception). Prohibits year 2000 statements from being interpreted or construed as an amendment to or alteration of a 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 under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law. Provides exceptions for information obtained through independent sources or in the case of voluntary disclosure. Provides an exemption from antitrust laws for conduct intended to: (1) facilitate responses to correct or avoid a failure of year 2000 processing in a computer system or related software or hardware; or (2) communicate or disclose information to help correct or avoid the effects of year 2000 processing failure. Specifies exclusions from this Act. Makes this Act applicable to: (1) year 2000 statements made on or after July 14, 1998, through July 14, 2001; and (2) year 2000 readiness disclosures made after the date of enactment of this Act through July 14, 2001. Provides for the treatment of previously made readiness disclosures, with exceptions. Directs the Administrator of General Services to create, maintain, and promote a national year 2000 website to assist consumers, small business, and local governments in obtaining information about year 2000 processing of computers, systems, products, and services. Requires a preliminary website planning report from the Administrator to specified congressional committees.

00 Introduced in Senate Jan 11, 2001

Year 2000 Information Disclosure Act - Provides that, in any covered civil action based on an allegedly false, inaccurate, or misleading statement concerning Year 2000 computer compliance information (Y2K problem), the maker of such statement shall not be liable unless the claimant establishes that the statement: (1) was material; (2) where not a republication, was made with knowledge that it was false, inaccurate, or misleading, with an intent to mislead or deceive, or with a grossly negligent failure to determine or verify its accuracy; and (3) where it was a republication of a statement regarding a third party, was made with knowledge that it was false, inaccurate, or misleading and without disclosure that it was based on information supplied by another and that the maker has not verified the statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, 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. Provides that, in any covered action arising under any Federal or State defamation law or law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, the maker shall not be liable unless the claimant establishes by clear and convincing evidence that the statement was made with knowledge that it was false or with reckless disregard of its truth. Prohibits in any covered action a Year 2000 statement 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 under the Freedom of Information Act; and (2) use by any Federal entity, agency, or authority 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 statement made on or after July 14, 1998, through July 14, 2001.

Sponsors

Timeline

Oct 19, 1998

Signed by President.

Oct 19, 1998

Signed by President.

Oct 19, 1998

Became Public Law No: 105-271.

Oct 19, 1998

Became Public Law No: 105-271.

Oct 8, 1998

Presented to President.

Oct 8, 1998

Presented to President.

Oct 1, 1998

Considered by unanimous consent. (consideration: CR H9204-9208)

Oct 1, 1998

Mr. Goodlatte asked unanimous consent to take from the Speaker's table and consider.

Oct 1, 1998

Passed/agreed to in House: On passage Passed without objection.

Oct 1, 1998

On passage Passed without objection.

Oct 1, 1998

Motion to reconsider laid on the table Agreed to without objection.

Sep 29, 1998

Received in the House.

Sep 29, 1998

Held at the desk.

Sep 29, 1998

Message on Senate action sent to the House.

Sep 28, 1998

Measure laid before Senate by unanimous consent. (consideration: CR S11062-11068)

Sep 28, 1998

The committee substitute as amended agreed to by Unanimous Consent.

Sep 28, 1998

Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

Sep 28, 1998

Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

Sep 17, 1998

Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sep 17, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.

Sep 17, 1998

Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute and an amendment to the title. Without written report.

Sep 17, 1998

Placed on Senate Legislative Calendar under General Orders. Calendar No. 584.

Jul 30, 1998

Introduced in Senate

Jul 30, 1998

Sponsor introductory remarks on measure. (CR S9450)

Jul 30, 1998

Read twice and referred to the Committee on Judiciary.

House Votes

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Amendments

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