[Congressional Record Volume 145, Number 60 (Thursday, April 29, 1999)]
[Senate]
[Pages S4467-S4468]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                                Y2K ACT

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                  DODD (AND OTHERS) AMENDMENT NO. 298

  (Ordered to lie on the table.)
  Mr. DODD (for himself, Mr. McCain, Mr. Wyden, Mr. Hatch, Mrs. 
Feinstein, Mr. Bennett, and Mr. Lieberman) submitted an amendment 
intended to be

[[Page S4468]]

proposed by him to the bill (S. 96) to regulate commerce between and 
among the several States by providing for the orderly resolution of 
disputes arising out of computer-based problem related to processing 
data that includes a 2-digit expression of that year's date; as 
follows:

       At the appropriate place insert the following:
       In section 5, strike subsection (b) and insert the 
     following:
       (b) Caps on Punitive Damages.--
       (1) In general.--Subject to the evidentiary standard 
     established by subsection (a), punitive damages permitted 
     under applicable law against a defendant described in 
     paragraph (2) in a Y2K action may not exceed the lesser of--
       (A) 3 times the amount awarded for compensatory damages; or
       (B) $250,000.
       (2) Defendant described.--A defendant described in this 
     paragraph is a defendant--
       (A) who--
       (i) is sued in his or her capacity as a individual; and
       (ii) whose net worth does not exceed $500,000; or
       (B) that is an unincorporated business, a partnership, 
     corporation, association, or organization with fewer than 50 
     full-time employees.
       (3) No Cap If Injury Specifically Intended.--Paragraph (1) 
     does not apply if the plaintiff establishes by clear and 
     convincing evidence that the defendant acted with specific 
     intent to injure the plaintiff.
       In section 13--
       (1) in subsection (a), strike ``by clear and convincing 
     evidence'' and inserting ``by the standard of evidence under 
     applicable State law in effect before January 1, 1999'';
       (2) in subsection (b)(1), strike ``by clear and convincing 
     evidence'' and inserting ``by the standard of evidence under 
     applicable State law in effect before January 1, 1999''; and
       (3) at the end add the following:
       (d) Protections of the Year 2000 Information and Readiness 
     Disclosure Act Apply.--The protections for the exchange of 
     information provided by section 4 of the Year 2000 
     Information and Readiness Disclosure Act (Public Law 105-271) 
     shall apply to this Act.
       Strike section 14.
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                       DOMENICI AMENDMENT NO. 299

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 96, supra; as follows:

       At the end of amendment 273 insert the following:
       At the appropriate place, insert the following:

     SEC. __. WAIVER OF SOVEREIGN IMMUNITY FOR A Y2K ACTION.

       (a) In General.--Consent is given to join the United States 
     as a necessary party defendant in a Y2K action.
       (b) Jurisdiction and Review.--The United States, when a 
     party to any Y2K action--
       (1) shall be deemed to have waived any right to plead that 
     it is not amenable thereto by reason of its sovereignty;
       (2) shall be subject to judgments, orders, and decrees of 
     the court having jurisdiction; and
       (3) may obtain review thereof, in the same manner and to 
     the same extent as a private individual under like 
     circumstances.

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