Senate Consideration of Y2K Act Delayed by Democrats

(April 30, 1999) The Senate failed to adopt a motion that would have allowed S 96, the Y2K Act, to come to a vote. The vote was 52-47. 60 votes were required for passage. All Democrats voted no.

Sen. McCain

Sen. John McCain (R-AZ), who is both the sponsor and floor manager of the bill, said the following before the Senate voted on Thursday morning, April 29:

"We are now at a critical time if we are to pass this bill. We have been attempting to debate and act on this matter for a week. We are about to have our second cloture vote as we crawl through the morass of Senate procedure. We have endured hours of quorum calls waiting for substantive discussion. We have heard at length the views of the Ranking Member, Mr. Hollings, in opposition to this bill. We have detoured from the bill to hear the minority's complaints about scheduling unrelated matters of interest to them. But now we are about to have a critical vote." (See, transcript of McCain statement.)

Some Democrats are leading the fight against the bill, including Sen. Ernest Hollings (D-SC) and Sen. John Edwards (D-NC). Moreover, when the Senate Commerce Committee adopted S 96, the Y2K Act, on March 3, the vote followed party lines.

However, for others the cloture vote on Thursday had only to do with the scheduling of votes on other bills. Sen. Ted Kennedy (D-MA), for example, protested bitterly and at length in the Senate on Wednesday about Majority Leader Trent Lott's refusal to schedule a vote on a minimum wage bill. For the Senate Democratic leadership, holding up the Y2K Act is a way to force the majority to allow votes on some other unrelated issues.

"It is just the bill the leadership has made its stand on," David Seldin, an aide to Sen. Wyden told Tech Law Journal. This is a "procedural debate -- Y2K is irrelevant."

Sen. Wyden has been active in negotiations over the past weeks to craft a bill with bi-partisan support. Sen. Ron Wyden (D-OR) and Sen. McCain last week jointly released a version of the bill that they intend to offer as a substitute amendment. Seldin added that "we think that we probably have the votes to pass it. We just have to get out of the procedural mire."

Sen. McCain does not see this as a procedural matter. "This is a vote to allow us to complete action on this critical bill. This is a vote to cast aside the partisan procedural games and get on with the business of the nation," said Sen. McCain. "The Y2K problem is not going away, nor is it going to be postponed by petty, partisan procedural wrangling."

The McCain-Wyden version of S 96 would reform procedural rules governing litigation arising out of Year 2000 technology problems. It is designed to give companies incentives to solve and remediate Y2K problems. It would replace joint and several liability with proportional liability in most situations. It would require a prospective plaintiff to submit a 30 day notice to a prospective defendant of the intention to sue, and allow 60 days for the problem to be resolved. It would also establish punitive damage caps for small businesses.

The vote on Thursday morning was on a cloture motion -- a vote to cut off debate. Under the rules of the Senate, Senators can debate without limit, and thus filibuster a bill. A supermajority of 60 votes is required to cut off debate.

If the Republican leadership capitulates, the Y2K Act could be brought up again as early as next week.