Page:United States Statutes at Large Volume 113 Part 1.djvu/210

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113 STAT. 186 PUBLIC LAW 106-37 -JULY 20, 1999 any and all outstanding year 2000 computer date-change problems, so as to minimize possible disruptions associated with computer failures. (3)(A) Because year 2000 computer date-change problems may affect virtually all businesses and other users of technology products to some degree, there is a substantial likelihood that actual or potential year 2000 failures will prompt a significant volume of litigation, much of it insubstantial. (B) The litigation described in subparagraph (A) would have a range of undesirable effects, including the following: (i) It would threaten to waste technicEd and financial resources that are better devoted to curing year 2000 computer date-change problems and ensuring that systems remain or become operational. (ii) It could threaten the network of valued and trusted business and customer relationships that are important to the effective functioning of the national economy. (iii) It would strain the Nation's legal system, causing particular problems for the small businesses and individuals who already find that system inaccessible because of its complexity and expense. (iv) Tftie delays, expense, uncertainties, loss of control, adverse publicity, and animosities that frequently accompany litigation of business disputes could exacerbate the difficulties associated with the date change and work agednst the successful resolution of those difficulties. (4) It is appropriate for the Congress to enact legislation to assure that the year 2000 problems described in this section do not unnecessarily disrupt interstate commerce or create unnecessary caseloads in Federal courts and to provide initiatives to help businesses prepare and be in a position to withstand the potentially devastating economic impact of such problems. (5) Resorting to the legal system for resolution of year 2000 problems described in this section is not feasible for m£my businesses and individuals who already find the legal system inaccessible, particulsirly small businesses and individuals who already find the legal system inaccessible, because of its complexity and expense. (6) Concern about the potential for liability—in particular, concern about the substantial litigation expense associated with defending against even the most insubstanti£d lawsuits—^is prompting many persons and businesses with techniced expertise to avoid projects aimed at curing year 2000 computer date-change problems. (7) A proliferation of fidvolous lawsuits relating to year 2000 computer date-change problems by opportunistic parties may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief. (8) Congress encourages businesses to approach their disputes relating to year 2000 computer date-change problems responsibly, and to avoid unnecessary, time-consuming, and costly litigation about Y2K failures, particularly those that are not material. Congress supports good faith negotiations between parties when there is such a dispute, and, if necessary,