
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-72 Section 2]
[Document affected by Public Law 107-72 Section 1]
[Document affected by Public Law 107-72 Section 3]
[Document affected by Public Law 107-72 Section 4]
[CITE: 15USC1]

 
                      TITLE 15--COMMERCE AND TRADE
 
      CHAPTER 1--MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
 
Sec. 1. Trusts, etc., in restraint of trade illegal; penalty

    Every contract, combination in the form of trust or otherwise, or 
conspiracy, in restraint of trade or commerce among the several States, 
or with foreign nations, is declared to be illegal. Every person who 
shall make any contract or engage in any combination or conspiracy 
hereby declared to be illegal shall be deemed guilty of a felony, and, 
on conviction thereof, shall be punished by fine not exceeding 
$10,000,000 if a corporation, or, if any other person, $350,000, or by 
imprisonment not exceeding three years, or by both said punishments, in 
the discretion of the court.

(July 2, 1890, ch. 647, Sec. 1, 26 Stat. 209; Aug. 17, 1937, ch. 690, 
title VIII, 50 Stat. 693; July 7, 1955, ch. 281, 69 Stat. 282; Pub. L. 
93-528, Sec. 3, Dec. 21, 1974, 88 Stat. 1708; Pub. L. 94-145, Sec. 2, 
Dec. 12, 1975, 89 Stat. 801; Pub. L. 101-588, Sec. 4(a), Nov. 16, 1990, 
104 Stat. 2880.)


                               Amendments

    1990--Pub. L. 101-588 substituted ``$10,000,000'' for ``one million 
dollars'' and ``$350,000'' for ``one hundred thousand dollars''.
    1975--Pub. L. 94-145 struck out from first sentence two provisos 
granting anti-trust exemption to State fair trade laws.
    1974--Pub. L. 93-528 substituted ``a felony, and, on conviction 
thereof, shall be punished by fine not exceeding one million dollars if 
a corporation, or, if any other person, one hundred thousand dollars, or 
by imprisonment not exceeding three years'' for ``a misdemeanor, and on 
conviction thereof, shall be punished by fine not exceeding fifty 
thousand dollars, or by imprisonment not exceeding one year''.
    1955--Act July 7, 1955, substituted ``fifty thousand dollars'' for 
``five thousand dollars''.
    1937--Act Aug. 17, 1937, inserted two provisos.


                    Effective Date of 1975 Amendment

    Section 4 of Pub. L. 94-145 provided that: ``The amendments made by 
sections 2 and 3 of this Act [amending this section and section 45 of 
this title] shall take effect upon the expiration of the ninety-day 
period which begins on the date of enactment of this Act [Dec. 12, 
1975].''


                      Short Title of 1998 Amendment

    Pub. L. 105-297, Sec. 1, Oct. 27, 1998, 112 Stat. 2824, provided 
that: ``This Act [enacting section 27a of this title and provisions set 
out as a note under section 27a of this title] may be cited as the `Curt 
Flood Act of 1998'.''


                     Short Title of 1997 Amendments

    Pub. L. 105-43, Sec. 1, Sept. 17, 1997, 111 Stat. 1140, provided 
that: ``This Act [enacting and amending provisions set out as notes 
below] may be cited as the `Need-Based Educational Aid Antitrust 
Protection Act of 1997'.''
    Pub. L. 105-26, Sec. 1, July 3, 1997, 111 Stat. 241, provided that: 
``This Act [amending sections 37 and 37a of this title and enacting 
provisions set out as notes under section 37 of this title] may be cited 
as the `Charitable Donation Antitrust Immunity Act of 1997'.''


                      Short Title of 1995 Amendment

    Pub. L. 104-63, Sec. 1, Dec. 8, 1995, 109 Stat. 687, provided that: 
``This Act [enacting sections 37 and 37a of this title and provisions 
set out as a note under section 37 of this title] may be cited as the 
`Charitable Gift Annuity Antitrust Relief Act of 1995'.''


                      Short Title of 1990 Amendment

    Section 1 of Pub. L. 101-588 provided: ``That this Act [amending 
this section and sections 2, 3, 15a, and 19 of this title and repealing 
section 20 of this title] may be cited as the `Antitrust Amendments Act 
of 1990'.''


                      Short Title of 1984 Amendment

    Pub. L. 98-544, Sec. 1, Oct. 24, 1984, 98 Stat. 2750, provided: 
``That this Act [enacting sections 34 to 36 of this title and provisions 
set out as a note under section 34 of this title] may be cited as the 
`Local Government Antitrust Act of 1984'.''


                      Short Title of 1982 Amendment

    Pub. L. 97-290, title IV, Sec. 401, Oct. 8, 1982, 96 Stat. 1246, 
provided that: ``This title [enacting section 6a of this title and 
amending section 45 of this title] may be cited as the `Foreign Trade 
Antitrust Improvements Act of 1982'.''


                      Short Title of 1980 Amendment

    Pub. L. 96-493, Sec. 1, Dec. 2, 1980, 94 Stat. 2568, provided: 
``That this Act [enacting section 26a of this title] may be cited as the 
`Gasohol Competition Act of 1980'.''


                      Short Title of 1976 Amendment

    Section 1 of Pub. L. 94-435, Sept. 30, 1976, 90 Stat. 1383, 
provided: ``That this Act [enacting sections 15c to 15h, 18a, and 66 of 
this title, amending sections 12, 15b, 16, 26, and 1311 to 1314 of this 
title, section 1505 of Title 18, Crimes and Criminal Procedure, and 
section 1407 of Title 28, Judiciary and Judicial Procedure, and enacting 
provisions set out as notes under sections 8, 15c, 18a, and 1311 of this 
title] may be cited as the `Hart-Scott-Rodino Antitrust Improvements Act 
of 1976'.''


                      Short Title of 1975 Amendment

    Section 1 of Pub. L. 94-145 provided: ``That this Act [amending this 
section and section 45 of this title and enacting provisions set out as 
a note under this section] may be cited as the `Consumer Goods Pricing 
Act of 1975'.''


                      Short Title of 1974 Amendment

    Section 1 of Pub. L. 93-528 provided: ``That this Act [amending this 
section and section 2, 3, 16, 28, and 29 of this title, section 401 of 
Title 47, Telegraphs, Telephones, and Radiotelegraphs, and sections 43, 
44, and 45 of former Title 49, Transportation, and enacting provisions 
set out as notes under this section and section 29 of this title] may be 
cited as the `Antitrust Procedures and Penalties Act'.''


                               Short Title

    Pub. L. 94-435, title III, Sec. 305(a), Sept. 30, 1976, 90 Stat. 
1397, added immediately following the enacting clause of act July 2, 
1890, the following: ``That this Act [this section and sections 2 to 7 
of this title] may be cited as the `Sherman Act'.''


             Year 2000 Information and Readiness Disclosure

    Pub. L. 105-271, Oct. 19, 1998, 112 Stat. 2386, provided that:
``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 extent 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 for purposes other than 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 a civil 
    action of any kind, whether arising under Federal or State law, 
    except for an action 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 the United States or a State or political subdivision 
    thereof, that--
            ``(A) issues or publishes any year 2000 statement;
            ``(B) develops or prepares any year 2000 statement; or
            ``(C) 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 of 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--
            ``(A) clearly identified on its face as a year 2000 
        readiness disclosure;
            ``(B) inscribed on a tangible medium or stored in an 
        electronic or other medium and retrievable in perceivable form; 
        and
            ``(C) issued or published by or with the approval of a 
        person or entity with respect to year 2000 processing of that 
        person or entity or of products or services offered by that 
        person or entity.
        ``(10) Year 2000 remediation product or service.--The term `year 
    2000 remediation product or service' means a software program or 
    service licensed, sold, or rendered by a person or entity and 
    specifically designed to detect or correct year 2000 processing 
    problems with respect to systems, products, or services manufactured 
    or rendered by another person or entity.
        ``(11) 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 an entity, 
            product, service, or set of products and services;
                ``(ii) concerning plans, objectives, or timetables for 
            implementing or verifying the year 2000 processing 
            capabilities of an entity, product, service, or set of 
            products and 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.--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)), the term `year 2000 statement' does not include 
        statements contained in any 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. 781(i) [78l(i)]), or disclosures 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 that 
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 year 2000 readiness disclosure may be admissible to 
    serve as the basis for a claim for anticipatory breach, or 
    repudiation of a contract, 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 the year 2000 readiness 
    disclosure amounts to bad faith or fraud, or is otherwise beyond 
    what is reasonable to achieve the purposes of this Act.
    ``(b) False, Misleading and Inaccurate Year 2000 Statements.--Except 
as 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, 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, 
    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 republication 
            and the republication is based on information supplied by 
            another person or entity identified in that year 2000 
            statement or republication.
    ``(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 an 
    adequate mechanism for providing that notice.
        ``(2) Exception.--Paragraph (1) shall not apply if the court 
    finds that the use of the mechanism of notice--
            ``(A) is contrary to express prior representations regarding 
        the mechanism of notice 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, no regular course of dealing 
        exists between the parties, and 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 
        shall affect applicable Federal or State law in effect as of the 
        date of enactment of this Act [Oct. 19, 1998] with respect to 
        determining the extent to which a year 2000 statement 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 its consent, 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 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 not be disclosed 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 a special year 2000 data 
        gathering 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 and limited 
to--
        ``(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 [Oct. 19, 1998] 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 to 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 or entity, under any Federal or State law.
        ``(2) Other claims.--
            ``(A) In general.--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.
            ``(B) Specific notice required.--In any covered action, this 
        Act shall not apply to a year 2000 statement, concerning a year 
        2000 remediation product or service, expressly made in an offer 
        to sell or in a solicitation (including an advertisement) by a 
        seller, manufacturer, or provider, of that product or service 
        unless, during the course of the offer or solicitation, the 
        party making the offer or solicitation provides the following 
        notice in accordance with section 4(d):
                `` `Statements made to you in the course of this sale 
            are subject to the Year 2000 Information and Readiness 
            Disclosure Act (____ U.S.C. ____). In the case of a dispute, 
            this Act may reduce your legal rights regarding the use of 
            any such statements, unless otherwise specified by your 
            contract or tariff.'
        ``(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 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 
    [Oct. 19, 1998].
        ``(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 
        beginning on July 14, 1998 and ending on July 14, 2001; and
            ``(B) this Act shall apply to any year 2000 readiness 
        disclosure made beginning on the date of enactment of this Act 
        and ending on 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 [Oct. 19, 
    1998], may designate that year 2000 statement as a year 2000 
    readiness disclosure if--
            ``(A) the year 2000 statement complied with the requirements 
        of section 3(9) when made, other than being clearly designated 
        on its face as a disclosure; and
            ``(B) within 45 days after the date of enactment of this 
        Act, the person or entity seeking the designation--
                ``(i) provides individual notice that meets the 
            requirements of paragraph (2) to all recipients of the 
            applicable year 2000 statement; or
                ``(ii) prominently posts 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 uses 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 year 
2000 readiness 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 
    in subsection (b)(1)(B) and it would be prejudiced by the 
    retroactive designation of the year 2000 statement as a year 2000 
    readiness 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)(1)(B)(i), or 
    within 180 days after the date of enactment of this Act [Oct. 19, 
    1998], in the case of notice provided under subsection 
    (b)(1)(B)(ii).
``SEC. 8. YEAR 2000 COUNCIL WORKING GROUPS.
    ``(a) In General.--
        ``(1) Working groups.--The President's Year 2000 Council 
    (referred to in this section as the `Council') may establish and 
    terminate working groups composed of Federal employees who will 
    engage outside organizations in discussions to address the year 2000 
    problems identified in section 2(a)(1) to share information related 
    to year 2000 readiness, and otherwise to serve the purposes of this 
    Act.
        ``(2) List of groups.--The Council shall maintain and make 
    available to the public a printed and electronic list of the working 
    groups, the members of each working group, and a point of contact, 
    together with an address, telephone number, and electronic mail 
    address for the point of contact, for each working group created 
    under this section.
        ``(3) Balance.--The Council shall seek to achieve a balance of 
    participation and representation among the working groups.
        ``(4) Attendance.--The Council shall maintain and make available 
    to the public a printed and electronic list of working group members 
    who attend each meeting of a working group as well as any other 
    individuals or organizations participating in each meeting.
        ``(5) Meetings.--Each meeting of a working group shall be 
    announced in advance in accordance with procedures established by 
    the Council. The Council shall encourage working groups to hold 
    meetings open to the public to the extent feasible and consistent 
    with the activities of the Council and the purposes of this Act.
    ``(b) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the working groups established under this section.
    ``(c) Private Right of Action.--This section creates no private 
right of action to sue for enforcement of the provisions of this 
section.
    ``(d) Expiration.--The authority conferred by this section shall 
expire on December 31, 2000.
``SEC. 9. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.
    ``(a) National Website.--
        ``(1) In general.--The Administrator of General Services shall 
    create and maintain until July 14, 2002, 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 departments.
        ``(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;
            ``(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 
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 [now Committee on Government Reform of House of 
Representatives] not later than 60 days after the date of enactment of 
this Act [Oct. 19, 1998] regarding planning to comply with the 
requirements of this section.''


  Application of Antitrust Laws to Award of Need-Based Educational Aid

    Pub. L. 103-382, title V, Sec. 568(a)-(d), Oct. 20, 1994, 108 Stat. 
4060, 4061, as amended by Pub. L. 105-43, Sec. 2(a), Sept. 17, 1997, 111 
Stat. 1140; Pub. L. 105-244, title I, Sec. 102(a)(3), Oct. 7, 1998, 112 
Stat. 1618, provided that:
    ``(a) Exemption.--It shall not be unlawful under the antitrust laws 
for 2 or more institutions of higher education at which all students 
admitted are admitted on a need-blind basis, to agree or attempt to 
agree--
        ``(1) to award such students financial aid only on the basis of 
    demonstrated financial need for such aid;
        ``(2) to use common principles of analysis for determining the 
    need of such students for financial aid if the agreement to use such 
    principles does not restrict financial aid officers at such 
    institutions in their exercising independent professional judgment 
    with respect to individual applicants for such financial aid;
        ``(3) to use a common aid application form for need-based 
    financial aid for such students if the agreement to use such form 
    does not restrict such institutions in their requesting from such 
    students, or in their using, data in addition to the data requested 
    on such form; or
        ``(4) to exchange through an independent third party, before 
    awarding need-based financial aid to any of such students who is 
    commonly admitted to the institutions of higher education involved, 
    data submitted by the student so admitted, the student's family, or 
    a financial institution on behalf of the student or the student's 
    family relating to assets, liabilities, income, expenses, the number 
    of family members, and the number of the student's siblings in 
    college, if each of such institutions of higher education is 
    permitted to retrieve such data only once with respect to the 
    student.
    ``(b) Limitations.--Subsection (a) shall not apply with respect to--
        ``(1) any financial aid or assistance authorized by the Higher 
    Education Act of 1965 (20 U.S.C. 1001 et seq.); or
        ``(2) any contract, combination, or conspiracy with respect to 
    the amount or terms of any prospective financial aid award to a 
    specific individual.
    ``(c) Definitions.--For purposes of this section--
        ``(1) the term `alien' has the meaning given such term in 
    section 101(3) [101(a)(3)] of the Immigration and Nationality Act (8 
    U.S.C. 1101(3) [1101(a)(3)]);
        ``(2) the term `antitrust laws' has the meaning given such term 
    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 extent such section 
    applies to unfair methods of competition;
        ``(3) the term `institution of higher education' has the meaning 
    given such term in section 101 of the Higher Education Act of 1965 
    [20 U.S.C. 1001];
        ``(4) the term `lawfully admitted for permanent residence' has 
    the meaning given such term in section 101(20) [101(a)(20)] of the 
    Immigration and Nationality Act (8 U.S.C. 1101(20) [1101(a)(20)]);
        ``(5) the term `national of the United States' has the meaning 
    given such term in section 101(22) [101(a)(22)] of the Immigration 
    and Nationality Act (8 U.S.C. 1101(22) [1101(a)(22)]);
        ``(6) the term `on a need-blind basis' means without regard to 
    the financial circumstances of the student involved or the student's 
    family; and
        ``(7) the term `student' means, with respect to an institution 
    of higher education, a national of the United States or an alien 
    admitted for permanent residence who is admitted to attend an 
    undergraduate program at such institution on a full-time basis.
    ``(d) Expiration.--Subsection (a) shall expire on September 30, 
2001.''
    [Pub. L. 105-43, Sec. 2(b), Sept. 17, 1997, 111 Stat. 1140, provided 
that: ``The amendments made by subsection (a) [amending section 568(a)-
(d) of Pub. L. 103-382, set out above] shall take effect immediately 
before September 30, 1997.'']

                Sherman Act Referred to in Other Sections

    The Sherman Act [15 U.S.C. 1 to 7] is referred to in sections 12, 
15c, 15d, 29, 30, 31, 44, 62, 1012, 1013, 3301, 3503 of this title; 
title 7 section 225; title 10 section 7430; title 12 sections 1828, 
1849; title 16 section 2602; title 30 sections 184, 1413; title 40 
section 488; title 42 sections 2135, 5417, 5909, 6202, 8235f, 9102; 
title 43 sections 970, 1331, 1770; title 45 section 791; title 46 App. 
section 1702; title 49 section 10706; title 50 App. sections 1941a, 
2158.

                  Section Referred to in Other Sections

    This section is referred to in sections 4, 6, 6a, 7, 18a of this 
title.
