H.R.4355 - Year 2000 Information Disclosure Act105th Congress (1997-1998)
|Sponsor:||Rep. Burton, Dan [R-IN-6] (Introduced 07/30/1998)(by request)|
|Committees:||House - Judiciary|
|Latest Action:||08/26/1998 For Further Action See S.2392. (All Actions)|
This bill has the status Introduced
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Summary: H.R.4355 — 105th Congress (1997-1998)All Information (Except Text)
Introduced in House (07/30/1998)
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.