Federal Backstop Debate Underway

By Steven Brostoff

NU Online News Service, 2:55 p.m. EST, Washington?The United States Senate today began what could be an extended debate over the issue of providing a federal backstop for insurance losses caused by acts of terrorism.

Senate Majority Leader Tom Daschle, D-S.D., brought a bill drafted by Democratic leaders, S. 2600, to the floor reportedly promising to allow a full debate and amendment process before moving to a final vote.

Republicans, led by Sen. Phil Gramm, R-Texas, are expected to try and offer between 12 and 15 amendments to the underlying text of S. 2600, including one that would bar punitive damages against American businesses that are victims of terrorist attacks.

The issue of tort reform has delayed consideration of the legislation since last November.

At this writing, there was still no agreement on the number of amendments that could be offered. There was speculation that if Democratic and Republican leaders are unable to reach an agreement, Sen. Daschle might try for a vote on cloture, which would shut off any further debate.

Under S. 2600, all lawsuits arising out of an act of terrorism would be consolidated and heard in a federal court, although existing state tort law would apply.

Under the legislation, following a $10 billion deductible, the federal government would pay 80 percent of the next $10 billion in losses arising from a terrorist attack.

The government would pay 90 percent of losses between $20 billion and $100 billion. It would be up to Congress to determine what to do if losses exceed $100 billion.

The program would run until the end of 2002, but could be extended for one more year upon a determination by the Secretary of the Treasury. The industry's deductible in the second year would increase to $15 billion.

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