§ 1. — Trusts, etc., in restraint of trade illegal; penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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 2001 Amendment
Pub. L. 107-72, Sec. 4, Nov. 20, 2001, 115 Stat. 650, provided that:
``This Act [enacting and amending provisions set out as notes under this
section] and the amendments made by this Act shall take effect on
September 30, 2001.''
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 2002 Amendment
Pub. L. 107-273, div. C, title IV, Sec. 14101, Nov. 2, 2002, 116
Stat. 1921, provided that: ``This title [amending sections 3, 12, 27,
and 44 of this title, section 225 of Title 7, Agriculture, section 1413
of Title 30, Mineral Lands and Mining, and section 2135 of Title 42, The
Public Health and Welfare, repealing sections 30 and 31 of this title,
enacting provisions set out as a note under section 3 of this title,
amending provisions set out as notes under this section and section 8 of
this title, and repealing provisions set out as notes under section 15
of this title and section 41309 of Title 49, Transportation] may be
cited as the `Antitrust Technical Corrections Act of 2002'.''
Short Title of 2001 Amendment
Pub. L. 107-72, Sec. 1, Nov. 20, 2001, 115 Stat. 648, provided that:
``This Act [enacting and amending provisions set out as notes under this
section] may be cited as the `Need-Based Educational Aid Act of 2001'.''
Short Title of 1998 Amendment
Pub. L. 105-297, Sec. 1, Oct. 27, 1998, 112 Stat. 2824, provided
that: ``This Act [enacting section 26b of this title and provisions set
out as a note under section 26b 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'.''
Antitrust Modernization Commission
Pub. L. 107-273, div. C, title I, subtitle D, Nov. 2, 2002, 116
Stat. 1856, provided that:
``SEC. 11051. SHORT TITLE.
``This subtitle may be cited as the `Antitrust Modernization
Commission Act of 2002'.
``SEC. 11052. ESTABLISHMENT.
``There is established the Antitrust Modernization Commission (in
this subtitle referred to as the `Commission').
``SEC. 11053. DUTIES OF THE COMMISSION.
``The duties of the Commission are--
``(1) to examine whether the need exists to modernize the
antitrust laws and to identify and study related issues;
``(2) to solicit views of all parties concerned with the
operation of the antitrust laws;
``(3) to evaluate the advisability of proposals and current
arrangements with respect to any issues so identified; and
``(4) to prepare and to submit to Congress and the President a
report in accordance with section 11058.
``SEC. 11054. MEMBERSHIP.
``(a) Number and Appointment.--The Commission shall be composed of
12 members appointed as follows:
``(1) Four members, no more than 2 of whom shall be of the same
political party, shall be appointed by the President. The President
shall appoint members of the opposing party only on the
recommendation of the leaders of Congress from that party.
``(2) Two members shall be appointed by the majority leader of
the Senate.
``(3) Two members shall be appointed by the minority leader of
the Senate.
``(4) Two members shall be appointed by the Speaker of the House
of Representatives.
``(5) Two members shall be appointed by the minority leader of
the House of Representatives.
``(b) Ineligibility for Appointment.--Members of Congress shall be
ineligible for appointment to the Commission.
``(c) Term of Appointment.--
``(1) In general.--Subject to paragraph (2), members of the
Commission shall be appointed for the life of the Commission.
``(2) Early termination of appointment.--If a member of the
Commission who is appointed to the Commission as--
``(A) an officer or employee of a government ceases to be an
officer or employee of such government; or
``(B) an individual who is not an officer or employee of a
government becomes an officer or employee of a government;
then such member shall cease to be a member of the Commission on the
expiration of the 90-day period beginning on the date such member ceases
to be such officer or employee of such government, or becomes an officer
or employee of a government, as the case may be.
``(d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
``(e) Appointment Deadline.--Initial appointments under subsection
(a) shall be made not later than 60 days after the date of enactment of
this Act [Nov. 2, 2002].
``(f) Meetings.--The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held not later
than 30 days after the date on which all members of the Commission are
first appointed under subsection (a) or funds are appropriated to carry
out this subtitle, whichever occurs later.
``(g) Vacancy.--A vacancy on the Commission shall be filled in the
same manner as the initial appointment is made.
``(h) Consultation Before Appointment.--Before appointing members of
the Commission, the President, the majority and minority leaders of the
Senate, the Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall consult with each other to
ensure fair and equitable representation of various points of view in
the Commission.
``(i) Chairperson; Vice Chairperson.--The President shall select the
chairperson of the Commission from among its appointed members. The
leaders of Congress from the opposing party of the President shall
select the vice chairperson of the Commission from among its remaining
members.
``SEC. 11055. COMPENSATION OF THE COMMISSION.
``(a) Pay.--
``(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by a government shall be entitled to
receive the daily equivalent of the annual rate of basic pay payable
for level IV of the Executive Schedule under section 5315 of title 5
United States Code, as in effect from time to time, for each day
(including travel time) during which such member is engaged in the
actual performance of duties of the Commission.
``(2) Government employees.--A member of the Commission who is
an officer or employee of a government shall serve without
additional pay (or benefits in the nature of compensation) for
service as a member of the Commission.
``(b) Travel Expenses.--Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States
Code.
``SEC. 11056. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
``(a) Staff.--
``(1) Appointment.--The chairperson of the Commission may,
without regard to the provisions of chapter 51 of title 5 of the
United States Code (relating to appointments in the competitive
service), appoint and terminate an executive director and such other
staff as are necessary to enable the Commission to perform its
duties. The appointment of an executive director shall be subject to
approval by the Commission.
``(2) Compensation.--The chairperson of the Commission may fix
the compensation of the executive director and other staff without
regard to the provisions of chapter 51 and subchapter III of chapter
53 of title 5 of the United States Code (relating to classification
of positions and General Schedule pay rates), except that the rate
of pay for the executive director and other staff may not exceed the
rate of basic pay payable for level V of the Executive Schedule
under section 5315 of title 5 United States Code, as in effect from
time to time.
``(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants in accordance with
section 3109(b) of title 5, United States Code.
``SEC. 11057. POWERS OF THE COMMISSION.
``(a) Hearings and Meetings.--The Commission, or a member of the
Commission if authorized by the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers to be appropriate. The Commission
or a member of the Commission may administer oaths or affirmations to
witnesses appearing before the Commission or such member.
``(b) Official Data.--The Commission may obtain directly from any
executive agency (as defined in section 105 of title 5 of the United
States Code) or court information necessary to enable it to carry out
its duties under this subtitle. On the request of the chairperson of the
Commission, and consistent with any other law, the head of an executive
agency or of a Federal court shall provide such information to the
Commission.
``(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. On
request of the Commission, the head of an executive agency may make any
of the facilities or services of such agency available to the
Commission, on a reimbursable or nonreimbursable basis, to assist the
Commission in carrying out its duties under this subtitle.
``(d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or such member
considers to be appropriate for the purpose of carrying out the duties
of the Commission. Such expenditures and contracts may be made only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
``(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
``(f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property, both
real and personal, for the purpose of aiding or facilitating the work of
the Commission. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for disbursement upon
order of the Commission.
``SEC. 11058. REPORT.
``Not later than 3 years after the first meeting of the Commission,
the Commission shall submit to Congress and the President a report
containing a detailed statement of the findings and conclusions of the
Commission, together with recommendations for legislative or
administrative action the Commission considers to be appropriate.
``SEC. 11059. TERMINATION OF COMMISSION.
``The Commission shall cease to exist 30 days after the date on
which the report required by section 8 [11058] is submitted.
``SEC. 11060. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $4,000,000 to carry out
this subtitle.''
Year 2000 Information and Readiness Disclosure
Pub. L. 105-271, Oct. 19, 1998, 112 Stat. 2386, as amended by Pub.
L. 107-273, div. C, title IV, Sec. 14102(e), Nov. 2, 2002, 116 Stat.
1922, 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. 107-72, Sec. 3, Nov. 20, 2001, 115 Stat. 648, provided that:
``(a) Study.--
``(1) In general.--The Comptroller General shall conduct a study
of the effect of the antitrust exemption on institutional student
aid under section 568 of the Improving America's Schools Act of 1994
(15 U.S.C. 1 note) [Pub. L. 103-382, see below].
``(2) Consultation.--The Comptroller General shall have final
authority to determine the content of the study under paragraph (1),
but in determining the content of the study, the Comptroller General
shall consult with--
``(A) the institutions of higher education participating
under the antitrust exemption under section 568 of the Improving
America's Schools Act of 1994 (15 U.S.C. 1 note) (referred to in
this Act [see Short Title of 2001 Amendment note above] as the
`participating institutions');
``(B) the Antitrust Division of the Department of Justice;
and
``(C) other persons that the Comptroller General determines
are appropriate.
``(3) Matters studied.--
``(A) In general.--The study under paragraph (1) shall--
``(i) examine the needs analysis methodologies used by
participating institutions;
``(ii) identify trends in undergraduate costs of
attendance and institutional undergraduate grant aid among
participating institutions, including--
``(I) the percentage of first-year students receiving
institutional grant aid;
``(II) the mean and median grant eligibility and institutional
grant aid to first-year students; and
``(III) the mean and median parental and student contributions
to undergraduate costs of attendance for first year
students receiving institutional grant aid;
``(iii) to the extent useful in determining the effect
of the antitrust exemption under section 568 of the
Improving America's Schools Act of 1994 (15 U.S.C. 1 note),
examine--
``(I) comparison data, identified in clauses (i) and (ii),
from institutions of higher education that do not
participate under the antitrust exemption under section
568 of the Improving America's Schools Act of 1994 (15
U.S.C. 1 note); and
``(II) other baseline trend data from national benchmarks; and
``(iv) examine any other issues that the Comptroller
General determines are appropriate, including other types of
aid affected by section 568 of the Improving America's
Schools Act of 1994 (15 U.S.C. 1 note).
``(B) Assessment.--
``(i) In general.--The study under paragraph (1) shall
assess what effect the antitrust exemption on institutional
student aid has had on institutional undergraduate grant aid
and parental contribution to undergraduate costs of
attendance.
``(ii) Changes over time.--The assessment under clause
(i) shall consider any changes in institutional
undergraduate grant aid and parental contribution to
undergraduate costs of attendance over time for institutions
of higher education, including consideration of--
``(I) the time period prior to adoption of the consensus
methodologies at participating institutions; and
``(II) the data examined pursuant to subparagraph (A)(iii).
``(b) Report.--
``(1) In general.--Not later than September 30, 2006, the
Comptroller General shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that contains the findings and conclusions
of the Comptroller General regarding the matters studied under
subsection (a).
``(2) Identifying individual institutions.--The Comptroller
General shall not identify an individual institution of higher
education in information submitted in the report under paragraph (1)
unless the information on the institution is available to the
public.
``(c) Recordkeeping Requirement.--
``(1) In general.--For the purpose of completing the study under
subsection (a)(1), a participating institution shall--
``(A) collect and maintain for each academic year until the
study under subsection (a)(1) is completed--
``(i) student-level data that is sufficient, in the
judgment of the Comptroller General, to permit the analysis
of expected family contributions, identified need, and
undergraduate grant aid awards; and
``(ii) information on formulas used by the institution
to determine need; and
``(B) submit the data and information under paragraph (1) to
the Comptroller General at such time as the Comptroller General
may reasonably require.
``(2) Non-participating institutions.--Nothing in this
subsection shall be construed to require an institution of higher
education that does not participate under the antitrust exemption
under section 568 of the Improving America's Schools Act of 1994 (15
U.S.C. 1 note) to collect and maintain data under this subsection.''
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; Pub. L. 107-72, Sec. 2, Nov. 20, 2001, 115 Stat. 648,
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,
2008.''
[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, 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 559;
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.
