Y2K Legislation Puts White House And Congress On Collision Coursegreenspun.com : LUSENET : TimeBomb 2000 (Y2000) : One Thread |
Y2K legislation puts White House and Congress on collision course
JIM ABRAMS, Associated Press Writer
Thursday, June 24, 1999
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/1999/06/24/national0145EDT0438.DTL[Fair Use: For Educational/Research Purposes Only]
(06-24) 01:45 EDT WASHINGTON (AP) -- Congressional Republican leaders have put legislation aimed at stifling Y2K-related lawsuits on a fast track for passage and a near-certain presidential veto.
Business and high-tech groups, saying the legislation is needed to protect them from predatory lawsuits that could mount into the billions of dollars, appealed for Congress and the White House to settle their differences on the bill. In the short term, at least, that appeared unlikely.
``While the president is ready to sign a bill that is narrowly tailored to address the risks posed by frivolous litigation, neither the Senate nor the House bill meets the test, and the president will veto them,'' White House spokesman Jake Siewert said Wednesday.
Both the House bill passed last month and the Senate bill approved this month seek to avert a flood of lawsuits related to possible disruptions caused by computers unable to read the 2000 date. They would give companies 90 days to fix problems before lawsuits can be filed, encourage mediation and discourage class-action lawsuits.
The stronger House bill also would set caps for most punitive damage awards and ensure that richer companies won't be the victims of legal ``fishing expeditions'' by holding defendants liable only for the share of the damage they cause.
The administration says both would go too far in restricting legal rights to gain back losses when economic damages are suffered.
House sponsors said they were willing to adopt the more moderate Senate version, which is somewhat more acceptable to the White House, but weren't prepared to go any further. Coming out with a final bill that is weaker than the Senate bill is ``not an option,'' said Rep. Tom Davis, R-Va., an author of the House bill.
House and Senate negotiators plant to meet today to make one change in the Senate bill. Sen. Ernest Hollings, D-S.C., who opposed the bill, inserted an amendment stating that those hit by Y2K-related financial problems would not be subject to mortgage loan foreclosures. That sparked a strong reaction from the banking community, which said it could lead to people using Y2K as an excuse to avoid financial obligations.
``It apparently caused quite a furor over the one thing in the bill that helps consumers,'' said Joan Mulhern of Public Citizen, an advocacy group that opposes the Y2K bill.
A compromise bill could return to the House and Senate for final passage as early as Friday, and Democrats charged that Republicans, in bypassing further talks with the White House, were trying to embarrass the president and undermine his support in the high-tech community.
``The clock is ticking on the Y2K issue, and the House Republican leadership is wasting precious time by ... forwarding President Clinton a bill that he will veto,'' said House Democratic leader Dick Gephardt of Missouri.
The Year 2000 Coalition, a pro-legislation group headed by the U.S. Chamber of Commerce and the National Association of Manufacturers, wrote a letter to the House GOP leadership urging Congress and the White House to put politics aside.
A veto, they said, ``would pose substantial risk to the American economy and could result in a serious economic setback. We therefore urge congressional leaders and the administration to make every effort possible to avert an impasse and avoid such a catastrophe.''
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999
Y2K knows no borders... and doesn't take political sides.*Sigh*
Diane
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Diane,Great post and many thanks for all the previous ones. The blame game for Y2K has begun in the House. We can see our "caring" president is siding with bankers and lawyers as usual.
-- trafficjam (judgementday@ahead.soon), June 25, 1999.
trafficjam,Not to mention our "caring" Congress siding, uh, lining up with their own political agendas... instead with protecting "we the people."
The elected "children" in adult bodies, are leading this country, from their self-created mud-puddle in D.C.
*Even Bigger Sigh*
Diane, feeling disgusted with "the games children play..." it's a high-risk strategy... just like fix-on-failure.
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Congress, White House try to avoid veto on Y2K bill
JIM ABRAMS, Associated Press Writer
Friday, June 25, 1999
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/1999/ 06/25/national0220EDT0457.DTL[Fair Use: For Educational/Research Purposes Only]
(06-25) 02:20 EDT WASHINGTON (AP) -- Putting aside veto threats and confrontation politics for the moment, Congress and the White House are making a last-ditch effort to save legislation that would reduce the number of lawsuits resulting from Y2K computer breakdowns.
House and Senate lawmakers Thursday decided to wait until Tuesday before formally approving the final version of legislation that the White House has promised to veto.
``Right before the meltdown, both sides pulled back,'' said Sen. Ron Wyden, D-Ore., of the decision to give the White House and Congress a chance to discuss changes that might result in the president's signing the bill. Staff from the two sides are to begin talks today.
Republican supporters of the House and Senate Y2K bills, angered by what they said was the failure of the White House to present details on how to save the bill, had planned to send the more moderate Senate bill to President Clinton for his veto.
That veto would have certain political repercussions for Clinton and Vice President Al Gore among their longtime allies in the high-tech industry, which has keenly sought the legal protections offered by the legislation.
The Year 2000 Coalition, a group of major business and high-tech groups supporting the bill, wrote House Republican leaders Thursday thanking them for not closing off negotiations.
``Truly you have bent over backwards to accommodate the White House, despite a rather unhelpful string of veto threats,'' wrote the coalition, which earlier in the week wrote GOP leaders urging both Congress and the White House to put politics aside and cooperate.
The administration has issued several position papers explaining its problems with the House and Senate bills, mostly with provisions it says give too much protection to defendants at the expense of people with legitimate grievances.
But both Republicans, led by Sen. John McCain, R-Ariz., the chief Republican sponsor of the Senate bill, and Democrats complained that the White House had failed to offer to sit down with them to work out differences.
``I've never seen such obdurate and noncommunicative behavior,'' McCain said.
``The White House has been waltzing around when they could have been working with us productively,'' said Wyden, with Sen. Christopher Dodd, D-Conn., the chief Democratic sponsor.
White House chief of staff John Podesta wrote to House Speaker Dennis Hastert, R-Ill., Thursday to say the administration wants to stop frivolous lawsuits and to urge efforts to prevent the veto.
``Rather than going down this destructive path, we should work together to find a bipartisan solution,'' he said.
The Senate bill, which would require House and Senate votes before going to the president, seeks to avoid a flood of economy-crippling lawsuits related to disruptions caused by the year 2000 computer bug by giving companies 90 days to fix computers before lawsuits can be filed and encouraging mediation.
It also would cap punitive damages for small businesses and try to protect companies from predatory lawsuits by stating that in most cases a defendant would be held liable only for the share of damages it caused.
The high-tech community fears it could be hit with billions of dollars in lawsuits from problems arising from computers that mistake the year 2000 for 1900.
McCain said the Senate bill was already a ``tremendous retreat'' from the stronger House-passed measure and there was little negotiating room. ``I do not think we should further emasculate this legislation,'' he said.
House sponsors also said they had given up a lot in agreeing to the Senate's version. ``It seems to me that if the people's House can move to the Senate the White House can do the same thing,'' said Rep. Bob Goodlatte, R-Va.
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Humm..."The administration has issued several position papers explaining its problems with the House and Senate bills, mostly with provisions it says give too much protection to defendants at the expense of people with legitimate grievances."
Wonder where those are hiding... off to hunt.
Diane
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
"I've never seen such obdurate and noncommunicative behavior"
That just about sums it up, folks!
-- Ashton & Leska in Cascadia (allaha@earthlink.net), June 25, 1999.
See what they mean Leska & Ashton...Search... Contents of the White house web-site...
http://library.whitehouse.gov/Search/Query-Website.htmlSTATEMENT OF ADMINISTRATION POLICY
(THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
June 9, 1999
(Senate)
S. 96 - Y2K Act
(McCain (R-AZ) and Frist (R-TN))
http://www.whitehouse.gov/OMB/legislative/sap/S96-s.htmlThe Administration strongly opposes S. 96 as amended with the text of S. 1138. If this amended version of S. 96 were presented to the President in its current form, the President's senior advisors would recommend that he veto the bill for reasons noted in the attached April 27, 1999, Statement of Administration Policy on S. 96 and the attached letter to Congressional leadership on Y2K litigation. The Administration, however, strongly supports the revised amendment offered by Senator Kerry, with Senators Robb, Daschle, Reed, Breaux, and Akaka, that makes only a limited number of changes to the underlying bill to encourage -- not discourage -- readiness and ensure that, while deterring frivolous lawsuits, the courthouse door remains open for consumers and small business with legitimate claims. If this amendment were adopted, it would enable the Administration to support enthusiastically passage of the bill.
###
Looks like... in order to find the correct SAP (Statement Of Administration Policy) you need the correct House Bill Number and the Senate Bill Number.
Learn something new every day!
Off again.
Diane
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
For the Y2K searchers in the crowd...SEARCH BILL SUMMARY & STATUS:
http:// thomas.loc.gov/bss/d106query.htmlBill Summary & Status for the 106th Congress
NEXT PAGE | PREVIOUS PAGE | NEW SEARCH |
Search Results:
18 Items were found (Search term: Y2K)
Items 1 through 18 of 18
1. S.723: A bill to provide regulatory amnesty for defendants who are unable to comply with federal enforceable requirements because of factors related to a Y2K system failure. Sponsor: Sen Inhofe, James M. .
2. H.R.909: A bill to provide funding for States to correct Y2K problems in computers that are used to administer State and local government programs. Sponsor: Rep DeGette, Diana .
3. S.174: A bill to provide funding for States to correct Y2K problems in computers that are used to administer State and local government programs. Sponsor: Sen Moynihan, Daniel Patrick .
4. H.R.1447: A bill to provide for the coordinated end-to-end testing and disclosure of the readiness of certain Federal and non Federal computer systems for the year 2000 computer problem. Sponsor: Rep Ford, Harold Jr. .
5. S.96: A bill to regulate commerce between and among the several States by providing for the orderly resolution of disputes arising out of computer-based problems related to processing data that includes a 2-digit expression of that year's date. Sponsor: Sen McCain, John .- LATEST ACTION: 06/15/99 Text inserted in H. R. 775 as passed Senate .
6. H.R.1056: A bill to provide for a loan guarantee program to address the Year 2000 computer problems of small business concerns, and for other purposes. Sponsor: Rep Kucinich, Dennis J. .
7. H.R.1022: A bill to authorize the Secretary of Commerce to make grants to States to correct Y2K problems in computers that are used to administer State and local government programs. Sponsor: Rep Underwood, Robert A. .
8. S.AMDT.621: To ensure that manufacturers provide Y2K fixes if available. Sponsor: Sen Boxer, Barbara .
9. S.962: A bill to allow a deduction from gross income for year 2000 computer conversion costs of small businesses. Sponsor: Sen Leahy, Patrick J. .
10. S.314: A bill to provide for a loan guarantee program to address the Year 2000 computer problems of small business concerns, and for other purposes. Sponsor: Sen Bond, Christopher S. .- LATEST ACTION: 04/05/99 Public Law 106-8 .
11. H.R.1502: A bill to minimize the disruption of Government and private sector operations caused by the Year 2000 computer problem. Sponsor: Rep Barcia, James A. .
12. S.RES.7: A resolution to amend Senate Resolution 208 of the 105th Congress to increase funding of the Special Committee on the Year 2000 Technology-related Problems. Sponsor: Sen Bennett, Robert F. .- LATEST ACTION: 03/02/99 Measure passed Senate, amended, roll call #29 (92-6) .
13. S.1138: A bill to regulate interstate commerce by making provision for dealing with losses arising from Year 2000 Problem-related failures that may disrupt communications, intermodal transportation, and other matters affecting interstate commerce. Sponsor: Sen McCain, John .- LATEST ACTION: 05/27/99 Placed on calendar in Senate .
14. S.738: A bill to assure that innocent users and businesses gain access to solutions to the year 2000 problem-related failures through fostering an incentive to settle year 2000 lawsuits that may disrupt significant sectors of the American economy. Sponsor: Sen Dodd, Christopher J. .
15. H.R.1319: A bill to assure that innocent users and businesses gain access to solutions to the year 2000 problem-related failures through fostering an incentive to settle year 2000 lawsuits that may disrupt significant sectors of the American economy. Sponsor: Rep Eshoo, Anna G. .
16. H.R.775: A bill to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. Sponsor: Rep Davis, Thomas M. .- LATEST ACTION: 06/16/99 Conference scheduled in Senate .
17. S.536: A bill entitled the "Wendell H. Ford National Air Transportation System Improvement Act of 1999". Sponsor: Sen Warner, John W. .
18. S.82: A bill to authorize appropriations for Federal Aviation Administration, and for other purposes. Sponsor: Sen McCain, John .- LATEST ACTION: 03/08/99 Reported to Senate from the Committee on Commerce, Science, and Transportation, amended, S. Rept. 106-9.
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Gol dang this is all confusing! For those remotely interested...Think this is what the bru-ha-ha is all about.
Y2K Act (Reported in the Senate)[S.96.RS]
S.96
Y2K Act (Reported in the Senate)
http://thomas.loc.gov/cgi-bin/query/D?c106:2:./temp/ ~c106R3DsId::House...
Y2K Act (Engrossed Senate Amendment)[H.R.775.EAS]
H.R.775
Y2K Act (Engrossed Senate Amendment)
http://thomas.loc.gov/cgi-bin/query/D?c106:3:./temp/ ~c106R3DsId::
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
F.Y.I.In the spirit of THOMAS Jefferson, the Library of Congress provides you with searchable information about the U.S. Congress and the legislative process.
U.S. House of Representatives & Senate... Search bills, by topic, bill number, or title.
SEARCH BILL TEXT:
http:// thomas.loc.gov/home/c106query.htmlSEARCH BILL BY TOPIC:
http:// thomas.loc.gov/bss/d106/hot-subj.htmlSEARCH BILL BY BILL NUMBER:
http:// thomas.loc.gov/home/c106query.html#billnoSEARCH BILL BY BILL TITLE:
http:// thomas.loc.gov/bss/d106query.htmlSearch and find committee reports by topic or committee name.
SEARCH COMMITTEE REPORTS:
http:// thomas.loc.gov/cp106/cp106query.htmlSEARCH COMMITTEE REPORTS BY TOPIC:
http:// thomas.loc.gov/cp106/cp106query.html#keywordSEARCH COMMITTEE REPORTS BY COMMITTEE NAME:
http:// thomas.loc.gov/cp106/cp106query.html#commExtra reading (if wondering how this all works)...
House.. The Legislative Process Access to information about bills and resolutions being considered in the Congress.
The Legislative Process page provides access to a wealth of information about bills and resolutions being considered in the Congress, as well as current information about what's happening on the House floor. A summary of the categories of information is listed under Legislative Process Information.
http:// www.house.gov/house/Legproc.html
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Now... back to the White House.Sheesh!
All this, to try and figure out... what is it that Clinton, et. al. ... is demonstrating "obdurate and noncommunicative behavior" about.
Diane
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
From what I can see they are trying to provide the same blanket protection policy as government and HMO's enjoy. Try suing either one of them. Try to find a lawyer willing to do it! They expect everyday citizens to be resposible, but big business is different.
-- Gia (Laureltree7@hotmail.com), June 25, 1999.
``Truly you have bent over backwards to accommodate the White House.."BWA HA HA HA HA HA!!! Not the only one!!!!!
-- lisa (lisa@work.now), June 25, 1999.
Interesting list...White House
106th Congress - First Session (1999)
Statements of Administration Policy
on Non-Appropriations and Appropriations Bills
http://www.whitehouse.gov/OMB/legislative/sap/index.htmlPresident Clintons... Statement Of Administration Policy...
HR775 Year 2000 Readiness and Responsiblity Act 05/11/99 HOUSE RULES CTTE.
STATEMENT OF ADMINISTRATION POLICY
(THIS STATEMENT HAS BEEN COORDINATED BY OMB WITH THE CONCERNED AGENCIES.)
May 11, 1999
(House Rules)
H.R. 775 - Year 2000 Readiness and Responsibility Act
(Davis (R-VA) and 92 cosponsors)
http://www.whitehouse.gov/OMB/legislative/sap/HR775-r.html[snip]
The Administration's overriding concern is that H.R. 775 will not enhance readiness and may, in fact, decrease the incentives organizations have to assist customers and business partners to be ready for the transition to the next century. The Administration's main goal is to ensure that all organizations -- private, public, and governmental -- do everything they can between now and the end of this year to ensure that their systems and those of their customers and suppliers are made Year 2000 compliant.
The Administration recognizes both the importance of discouraging frivolous litigation and the need to keep the courts open for legitimate claims, especially those brought by small businesses and consumers with limited resources to press their cause. However, this bill, if approved in its current form, would result in the most sweeping litigation reform of any of the Y2K liability bills currently under consideration and would be perhaps the most sweeping litigation measure ever enacted if approved in its current form. This legislation goes far beyond what is reasonably necessary to address litigation concerns associated with Y2K computer problems.
This measure would protect defendants in Y2K actions by capping punitive damages and by limiting the extent of their liability to their proportional share of damages, but would not link these benefits to those defendants' efforts to solve their customers Y2K problems now. As a result, H.R. 775 would reduce the liability these defendants may face, even if they do nothing, and accordingly undermine their incentives to act now -- when the damage due to Y2K failures can still be averted or minimized.
H.R. 775 has a number of provisions that will do little or nothing to encourage remediation. For example, H.R. 775 federalizes Y2K class actions by allowing removal of almost all of them to Federal court, without any evidence that such wholesale interference with state court procedures and remedies will discourage frivolous lawsuits or encourage settlement of disputes without litigation. Similarly, the bill limits the liability of officers and directors without tying the limits to the defendants' efforts to fix their Y2K problems. The bill creates a reasonable efforts defense to tort claims, and perhaps even to contract claims, thus imposing the entire burden of damages on innocent plaintiffs instead of on the defendants who caused the harm. These provisions are likely to create disincentives to remediation. Finally, the bill's coverage is unnecessarily broad. It does not specifically exempt securities lawsuits, which are already subject to significant reforms imposed in 1995 and 1998 designed to deter frivolous claims; and it extends all of its provisions beyond the commercial context to consumer claims. The Administration would support Representatives Lofgren, Conyers and Boucher's amendment because it satisfactorily addresses many of the previously mentioned concerns (although we are working with Representatives to address drafting issues raised by the Department of Justice).
[snip -- to end]
-- Diane J. Squire (sacredspaces@yahoo.com), June 25, 1999.
Diane is absolutely correct in comparing WDC to a giant playground at a day care. I say, "Let's wack 'em on the pee-pees". (hmmmmm...rope?) THAT would certainly be 'just' in Klinton's case...hmmmmmmm.
-- Will continue (farming@home.com), June 25, 1999.
Diane,If we lose 75% of refined petroleum deliveries and millions lose their houses, then the BASTARDS should be sued!!
-- K. Stevens (kstevens@It's ALL going away in January.com), June 26, 1999.