Page:United States Statutes at Large Volume 112 Part 3.djvu/561

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PUBLIC LAW 105-271—OCT. 19, 1998 112 STAT. 2391 (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 obteiined 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 yeeu* 2000 processing failure (b) ApPLiCABiLrrY.— 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 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