15 U.S.C. § 6601 : US Code - Section 6601: Findings and purposes

Search 15 U.S.C. § 6601 : US Code - Section 6601: Findings and purposes

(a) Findings
The Congress finds the following:
(1)(A) Many information technology systems, devices, and
programs 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 dates after December 31, 1999.
(B) If not corrected, 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.
(2) It is in the national interest that producers and users of
technology products concentrate their attention and resources in
the time remaining before January 1, 2000, on assessing, fixing,
testing, and developing contingency plans to address any and all
outstanding year 2000 computer date-change problems, so as to
minimize possible disruptions associated with computer failures.
(3)(A) Because year 2000 computer date-change problems may
affect virtually all businesses and other users of technology
products to some degree, there is a substantial likelihood that
actual or potential year 2000 failures will prompt a significant
volume of litigation, much of it insubstantial.
(B) The litigation described in subparagraph (A) would have a
range of undesirable effects, including the following:
(i) It would threaten to waste technical and financial
resources that are better devoted to curing year 2000 computer
date-change problems and ensuring that systems remain or become
operational.
(ii) It could threaten the network of valued and trusted
business and customer relationships that are important to the
effective functioning of the national economy.
(iii) It would strain the Nation's legal system, causing
particular problems for the small businesses and individuals
who already find that system inaccessible because of its
complexity and expense.
(iv) The delays, expense, uncertainties, loss of control,
adverse publicity, and animosities that frequently accompany
litigation of business disputes could exacerbate the
difficulties associated with the date change and work against
the successful resolution of those difficulties.
(4) It is appropriate for the Congress to enact legislation to
assure that the year 2000 problems described in this section do
not unnecessarily disrupt interstate commerce or create
unnecessary caseloads in Federal courts and to provide
initiatives to help businesses prepare and be in a position to
withstand the potentially devastating economic impact of such
problems.
(5) Resorting to the legal system for resolution of year 2000
problems described in this section is not feasible for many
businesses and individuals who already find the legal system
inaccessible, particularly small businesses and individuals who
already find the legal system inaccessible, because of its
complexity and expense.
(6) Concern about the potential for liability - in particular,
concern about the substantial litigation expense associated with
defending against even the most insubstantial lawsuits - is
prompting many persons and businesses with technical expertise to
avoid projects aimed at curing year 2000 computer date-change
problems.
(7) A proliferation of frivolous lawsuits relating to year 2000
computer date-change problems by opportunistic parties may
further limit access to courts by straining the resources of the
legal system and depriving deserving parties of their legitimate
rights to relief.
(8) Congress encourages businesses to approach their disputes
relating to year 2000 computer date-change problems responsibly,
and to avoid unnecessary, time-consuming, and costly litigation
about Y2K failures, particularly those that are not material.
Congress supports good faith negotiations between parties when
there is such a dispute, and, if necessary, urges the parties to
enter into voluntary, nonbinding mediation rather than
litigation.
(b) Purposes
Based upon the power of the Congress under Article I, Section 8,
Clause 3 of the Constitution of the United States, the purposes of
this chapter are -
(1) to establish uniform legal standards that give all
businesses and users of technology products reasonable incentives
to solve year 2000 computer date-change problems before they
develop;
(2) to encourage continued remediation and testing efforts to
solve such problems by providers, suppliers, customers, and other
contracting partners;
(3) to encourage private and public parties alike to resolve
disputes relating to year 2000 computer date-change problems by
alternative dispute mechanisms in order to avoid costly and time-
consuming litigation, to initiate those mechanisms as early as
possible, and to encourage the prompt identification and
correction of such problems; and
(4) to lessen the burdens on interstate commerce by
discouraging insubstantial lawsuits while preserving the ability
of individuals and businesses that have suffered real injury to
obtain complete relief.