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Table of Contents
Beginning
SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
SEC. 3. DEFINITIONS.
SEC. 4. APPLICATION OF ACT.
TITLE I--UNIFORM PRELITIGATION PROCEDURES FOR YEAR 2000 ACTIONS
SEC. 101. NOTICE PROCEDURES TO AVOID UNNECESSARY YEAR 2000 ACTIONS.
SEC. 102. ALTERNATIVE DISPUTE RESOLUTION TO AVOID UNNECESSARY YEAR 2000 ACTIONS.
SEC. 103. PLEADING REQUIREMENTS.
SEC. 104. DUTY OF ALL PERSONS TO MITIGATE YEAR 2000 COMPUTER FAILURES AND RESULTING DAMAGES.
TITLE II--YEAR 2000 ACTIONS INVOLVING CONTRACTS
SEC. 201. CERTAINTY OF CONTRACT TERMS FOR PREVENTION OF YEAR 2000 DAMAGES.
SEC. 202. APPLICATION OF EXISTING IMPOSSIBILITY OR COMMERCIAL IMPRACTICABILITY DOCTRINES.
SEC. 203. PROTECTION OF PERSONS FROM LIABILITY NOT ANTICIPATED IN YEAR 2000 CONTRACTS.
TITLE III--YEAR 2000 ACTIONS INVOLVING TORT AND OTHER NONCONTRACTUAL CLAIMS
SEC. 301. PROPORTIONATE LIABILITY.
SEC. 302. LIMITATION ON BYSTANDER LIABILITY FOR YEAR 2000 FAILURES.
SEC. 303. REASONABLE EFFORTS DEFENSE.
SEC. 304. DAMAGES LIMITATION.
SEC. 305. RECOVERY OF ECONOMIC DAMAGES FOR YEAR 2000 CLAIMS.
SEC. 306. LIABILITY OF OFFICERS AND DIRECTORS.
TITLE IV--YEAR 2000 CLASS ACTIONS
SEC. 401. MINIMUM INJURY REQUIREMENT.
SEC. 402. NOTIFICATION.
SEC. 403. DISMISSAL PRIOR TO CERTIFICATION.
SEC. 404. FEDERAL JURISDICTION IN YEAR 2000 CLASS ACTIONS.
TITLE V--CLIENT PROTECTION IN CONNECTION WITH YEAR 2000 ACTIONS
SEC. 501. SCOPE.
SEC. 502. DEFINITIONS.
SEC. 503. CONSUMER'S RIGHT TO UP-FRONT DISCLOSURE OF INFORMATION REGARDING FEES AND SETTLEMENT PROPOSALS.
SEC. 504. INFORMATION AFTER INITIAL MEETING.
SEC. 505. CONSUMER'S RIGHT TO TIMELY UPDATED INFORMATION ABOUT SETTLEMENT PROPOSALS AND DETAILED STATEMENT OF HOURS AND FEES.
SEC. 506. CLASS ACTIONS.
SEC. 507. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES AFTER AN OFFER OF SETTLEMENT.
SEC. 508. ENFORCEMENT OF CONSUMER PROTECTION RULES IN YEAR 2000 CLAIMS AND ACTIONS.
PURPOSE AND SUMMARY
BACKGROUND AND NEED FOR THE LEGISLATION
HEARINGS
COMMITTEE CONSIDERATION
VOTES OF THE COMMITTEE
COMMITTEE OVERSIGHT FINDINGS
COMMITTEE JURISDICTION LETTER
COMMITTEE ON GOVERNMENT REFORM FINDINGS
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
CONSTITUTIONAL AUTHORITY STATEMENT
SECTION-BY-SECTION ANALYSIS
TITLE I--UNIFORM PRELITIGATION PROCEDURES
TITLE II--YEAR 2000 ACTIONS INVOLVING CONTRACTS
TITLE III--TORT AND OTHER NONCONTRACTUAL CLAIMS
TITLE IV--YEAR 2000 CLASS ACTIONS
TITLE V--CLIENT PROTECTION RULES
AGENCY VIEWS
DISSENTING VIEWS
I. EXTREME Y2K LEGISLATION IS PREMATURE AND BASED ON UNSUBSTANTIATED ASSUMPTIONS
I. H.R. 775 WILL DISCOURAGE CORPORATE RESPONSIBILITY
II. H.R. 775 ALSO CREATES AN UNDUE BURDEN ON PLAINTIFFS AND ATTORNEYS
III. A REASONABLE Y2K SUBSTITUTE
CONCLUSION
DISSENTING VIEWS OF HON. ROBERT C. `BOBBY' SCOTT
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