Transcript of Sen. McCain's Opening Statement.
Re: Markup of S 96, the Y2K Act.
Date: March 3, 1999.
Source: This document was created by transcribing an audio recording.

McCain: We have a couple of people on their way, so I will make an opening statement. I think that by the time -- by the time Sen. Hollings and Sen. ____ comments, I think we will have a sufficient number of Senators here to begin a markup. I am aware that, that Democrats have a meeting, an important meeting with the President and the Vice President, that I will acknowledge.

The only agenda item that I have today is consideration of S 96, the Y2K Act.

The only agenda item we have today is consideration of S-96, the Y2K Act. The Satellite Home Viewers Act was originally slated for action today, as well, and I believe that we have the votes to pass the bill out of committee, but given the narrow window of opportunity, I have pulled it from the agenda. I am aware that there are several members who want to be able to address amendments to the Satellite Home Viewers Act, and believe that we will be able to address the bill more completely by waiting until next Tuesday.

I would also like to address the public and private statements which I understand were made yesterday by some members of this committee that I had refused to hold hearings on shipping prices and captive shippers. Let me be perfectly clear that I have never, nor will I ever, refuse to hold informational hearings in this committee or in any of the subcommittees. Nor have I ever. Providing opportunities for discussion and information on issues before this committee is fundamental to the committee's mission. On the shipping issues in particular, I want to make sure the record is clear that either at the subcommittee level or the full committee we will have as many hearings as the members desire, and I am equally willing for those issues to be vetted with the full committee. I look forward to working with my colleagues on the shipping issues and hope that clarifies any misunderstanding which may have prompted the remarks yesterday.

Rockefeller: Would the Chairman yield? I want to apologize to the Chairman, becasue you are talking about what I said, and it was my mistake. I was misinformed. And I, it was cleared up by Kay Bailey Huchinson. She said that there would be hearings. And I apologize to you.

McCain: I thank Senator Rockefeller. And, I also know how important this issue is to Senator Rockefeller, and the people of his state. And I -- on distant and rare occassions, well, I have perhaps mistated a time or two. So, I certainly understand. (Laughter.) On very rare occassions.

In January when the Y2K -- I appreciate your comments. In January when the Y2K bill was introduced, I said clearly that the bill was a work-in-progress and that it was important to listen to comments and suggestions to achieve the desired result of the bill. The purpose of the bill is to provide incentives to prevent Y2K failures, to fix the problems which do occur, and to avoid costly litigation.

Since the bill was introduced in January, we have held a hearing and have heard from a cross section of the public representing varied interests. A number of excellent suggestions have been made to improve the bill. I am very appreciative of the counsel and assistance provided by Senators Gorton and Abraham and others. I have spoken with Senator Hutchison who has some excellent additional suggestions, as well as Senator Stevens. I have spoken with Senator Brownback regarding some concerns he has, and am aware of the general interest that Senators Frist, Burns and Ashcroft have in this matter, as well as the deep reservations that Senator Hollings has on this issue.

There are still a number of refinements which need to be made to the bill, and a number of concerns need to be addressed. And, I am sorry we have not heard any specific suggestions. But, I still believe we can still work towards bipartisan support. I think it is critical that we keep this process moving. I am committed to working with both sides in trying to resolve the issues that remain on this legislation. I believe it is very important, however, we address this legislation, this compelling issue, before too long. With that I would like to recognize Senator Hollings, and then probably any other Senators who would like to make comments.

Written Statement of Sen. McCain.
Re: Markup of S 96, the Y2K Act.
Date: March 3, 1999.
Source: Senate Commerce Committee. This document was created by scanning a paper copy, and converting it to HTML.

STATEMENT OF SENATOR JOHN McCAIN
CHAIRMAN, SENATE COMMITTEE ON
COMMERCE, SCIENCE, AND TRANSPORTATION
FULL COMMITTEE EXECUTIVE SESSION
March 3, 1999; 10:00 A.M.; SR-253

Item 1 - S. 96 The Y2K Act

The only agenda item we have today is consideration of S-96, the Y2K Act. The Satellite Home Viewers Act was originally slated for action today, as well, and I believe that we have the votes to pass the bill out of committee, but given the narrow window of opportunity today, I have pulled it from the agenda. I am aware that there are several members who want to be able to address amendments to SHVA, and believe that we will be able to address the bill more completely by waiting until next Tuesday, March 9.

I would also like to address the public and private statements which I understand were made yesterday by some members of this committee that I had refused to hold hearings on shipping prices and captive shippers. Let me be perfectly clear that I have never, nor will I ever, refuse to hold informational hearings in this committee or in any of the subcommittees. Providing opportunities for discussion and information on issues before this committee is fundamental to the committee's mission. On the shipping issues in particular, I want to make sure the record is clear that either at the subcommittee level or the full committee we will have as many hearings as the members desire, and I am equally willing for those issues to be vetted with the full committee. I look forward to working with my colleagues on the shipping issues and hope that clarifies any misunderstanding which may have prompted the remarks yesterday.

In January when the Y2K bill was introduced, I said very clearly that the bill was a work-in-progress and that it was important to listen to comments and suggestions to achieve the desired result of the bill. The purpose of the bill is to provide incentives to prevent Y2K failures, to fix the problems which do occur, and to avoid costly litigation.

Since the bill was introduced in January, we have held a hearing and have heard from a cross section of the public representing varied interests. A number of excellent suggestions have been made to improve the bill. I am very appreciative of the counsel and assistance provided by Senators Gorton and Abraham. I have spoken with Senator Hutchison who has some excellent additional suggestions, as well as Senator Stevens. I have spoken with Senator Brownback regarding some concerns he has, and am aware of the general interest that Senators Frist, Burns and Ashcroft have in this matter.

There are still a number of refinements which need to be made to the bill, and a number of concerns to be addressed. I am disappointed that I have not heard specific suggestions from my colleagues across the aisle, and want to express my sincere interest in engaging in productive discussions with them to arrive at a bill on the floor which can receive bipartisan support. However, because I think it is critical that we keep this process moving along, I am asking that we pass this bill out of committee today. I am willing to work at revisions to the bill, but I am not willing to permit delay to defeat the purpose of the bill. Unless we continue to press ahead, we will not be able to pass a bill which gives those most able to prevent the Y2K problems the time to respond.

Senator Hollings, Senator Gorton, etc .....

SEE AMENDMENT LIST - THERE MAY BE NONE

If there are no further comments, I move that the committee votes to approve S.96, the Y2K Act. Is there a second? (VOICE VOTE, IF POSSIBLE)

STATEMENT OF SENATOR JOHN McCAIN
CHAIRMAN, SENATE COMMITTEE ON
COMMERCE, SCIENCE, AND TRANSPORTATION
FULL COMMITTEE EXECUTIVE SESSION
March 3, 1999

MANAGERS' AMDT. TO S. 96
TO MAKE TECHNICAL AND SUBSTANTIVE CHANGES

The first amendment for consideration is the managers' amendment proposed by Senators Gorton, Abraham and myself. This amendment was circulated last week to all Members and was printed in the Congressional Record.

While I am certain that portions of this amendment need to be refined and revised, it does move us in the direction of ensuring that our technology-based society does not selfdestruct in costly and devisive litigation.

The amendment establishes a process to ensure that parties talk to each other and make an attempt to resolve the problem before engaging in litigation. It encourages solutions and cooperative remediation, but is does not foreclose any rights to sue where those efforts are not successful.

The managers' amendment also:

• specifically provides that physical injuries or deaths caused by Y2K problems are not covered by the legislation;
• requires that enough information be provided about a Y2K problem to allow the responsible party correct the problem without litigation;
• clarifies that one of the best ways for a potential defendant to limit its liability is to provide information or solutions which allow plaintiffs to mitigate their damages;
• provides for proportionate liability, avoiding a ganging up on the deepest pocket company, and ensuring that those responsible pay damages which directly relate to their level of responsibility;
• protects governmental entities from punitive damages so that taxpayers are not funding windfalls to plaintiffs;

Does any other Member have comments or questions regarding this Amendment?

If there are no further comments, I move that this committee approves this amendment to the Y2K Act. Is there a second? (REQUEST VOICE VOTE - those in favor please say aye; those opposed nay. IT IS UNLIKELY THAT SENATOR HOLLINGS WILL ALLOW ANY VOICE VOTES, so most likely you will need to request a roll call vote.)