Y2K Act Not Dead Yet

(May 2, 1999) Senate staff working on S 96, the Y2K Act, differ over whether the bill is dead. The Senate last week failed to adopt a motion that would have cut off debate on the bill, and permit the Senate to proceed to vote on the bill.

One person, who requested to be identified only as "a staffer close to the issue" stated that the bill is dead. "I would be surprised if this bill moved any further." The reason is that "it has fallen victim to a larger strategy on the part of the Democrats." Nevertheless, "they are going to try to bring it up on the floor next week."

However, a "Democratic staffer close to the issue" insists that the Y2K Act is not dead yet. "It is sort of like the scene from the movie, Monty Python and the Holy Grail -- 'I'm not dead yet'."

"It will probably come up again next week," said the staff assistant. "Everybody wants a bill on this, or it seems so."

"No. It is not dead yet," said Pia Pialorsi, who works for Sen. John McCain (R-AZ), the sponsor of the bill. "McCain remains optimistic." She added that "the Dodd-McCain amendment is what key Senators have agreed to."

S 96 was introduced in January by Sen. McCain. It passed the Senate Commerce Committee on March 3 on a party line vote. On April 19 Sen. McCain and Sen. Ron Wyden (D-OR) released an amended version of the bill which is usually referred to as "McCain-Wyden." On April 28 the Senators who are leading the efforts to pass a Year 2000 litigation bill released a statement that they had agreed to several changes to McCain-Wyden. The bill described by this statement is usually referred to as "Dodd-McCain."

Currently, supporters of the bill are working to break the deadlock. "We have been participating quite vigorously with NAM and the Chamber group," said Anne Gavin of the Business Software Alliance (BSA). "We are optimistic. We really think that there will be some legislation." She added that "we are unequivocally in support of the McCain-Dodd bill."

Others expressed less certainty. "Where is the deadlock?" Marc Perl asked rhetorically. Perl is General Counsel and Senior Vice President of Government Affairs of the Information Technology Association of America.

"We are not sure if the deadlock is due to procedural problems between the Democrats and the Republicans," said Perl, "or if it is a substantive deadlock."

"If it is a procedural deadlock" it is because "they want the senior body to be more deliberative." That is, the Democrats do not want the Senate to be run like the House of Representatives, with a Rules Committee which controls what amendments can be brought up on the floor.

Perl noted that even Sen. Chris Dodd (D-CT) and Sen. Wyden voted against ending debate in Thursday morning's cloture vote. "So, we are confused, as many people are when faced with the Senate rules, as to what the vote means."

"We are going to be meeting with leaders ... in the Senate to let them know that we don't want procedural problems to get in the way," concluded Perl.