[Congressional Record Volume 145, Number 72 (Tuesday, May 18, 1999)]
[Senate]
[Pages S5437-S5443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       Y2K ACT--MOTION TO PROCEED

  The PRESIDENT pro tempore. The clerk will report.
  The legislative assistant read as follows:

       Motion to proceed to the consideration of S. 96, a bill to 
     regulate commerce between and among the several States by 
     providing for the orderly resolution of disputes arising out 
     of computer-based problems related to processing data that 
     includes a 2-digit expression of the year's date.

  The Senate resumed consideration of the motion.
  The PRESIDING OFFICER (Mr. Frist). The Senator from Arizona is 
recognized.
  Mr. McCAIN. I thank the Chair.
  In about 10 minutes, we are going to have another vote on cloture so 
that we can proceed to the very important Y2K liability bill, S. 96. 
The word is out that the Democrats will now again refuse to move 
forward with passage of this legislation. Last time, the excuse was, as 
I understand it from the Democrat leader's remarks, that they were not 
allowed to propose amendments to the pending legislation so this was 
some form of protest. Now I am told the excuse will be--and we will 
find out--because the juvenile justice bill has not been completed.
  The entertaining aspect of that rationale is that while complaining 
about not being able to move forward on the juvenile justice bill, they 
still won't agree to amendments and time agreements so we could dispose 
of the juvenile justice bill.
  What this is really all about is that there is a strong aversion on 
the part of the American Trial Lawyers Association to this legislation. 
That aversion is manifesting itself by preventing us from moving 
forward with this very important legislation.
  Small, medium, and large businesses in America, high-tech firms all 
over America, have written or contacted us as to the importance of this 
legislation. I recently received a letter signed by some 130 high-tech 
companies in America. I would like to read it.
  This is from the Year 2000 Coalition. Actually, this letter was 
addressed to Senator Kerry, not to me. It says:

       The Year 2000 Coalition, a broad-based multi-industry 
     business group, is committed to working with the Senate to 
     enact meaningful Y2K liability legislation. We fully support 
     S. 96 sponsored by Senator McCain, with amendments and 
     revisions agreed to by Senators Wyden, Dodd, Hatch, 
     Feinstein and Bennett, as the most reasonable approach to 
     curtail unwarranted and frivolous litigation that might 
     occur as a result of the century date change.
       While we appreciate any effort that further demonstrates 
     the bipartisan recognition of the need for legislation, the 
     Coalition does not support the Y2K bill that is being 
     circulated in your name and believes it detracts from the 
     sponsors of S. 96 effort to build support for their bill. We 
     urge you to support S. 96 that is now pending before the 
     Senate. Your vote in favor of cloture is important to bring 
     the bill to the floor and allow the Senate to address the 
     challenge of Y2K confronting all Americans. A vote in favor 
     of S.

[[Page S5438]]

     96 is a vote in favor of Y2K remediation instead of 
     litigation.

  A very impressive list of, I believe, 130 companies and corporations 
around America, a pretty impressive group of corporations that, I would 
say, represents a substantial portion of America's economy, that is 
concerned about this issue and wants us to move forward.
  I had honestly believed that after the demonstration of solidarity 
last week on this issue on the part of my friends and colleagues on the 
other side of the aisle--I took the Democrat leader at his word. He 
said we will move forward; we will have a bill; we want to work 
together on this.
  Apparently, that is not going to be the case this morning. If it is 
not the case, then, obviously, I will do whatever the majority leader 
dictates as to what the Senate calendar will be.
  Mr. LOTT. Mr. President, will the Senator yield briefly? I don't know 
the time situation.
  Mr. McCAIN. Mr. President, I yield the floor.
  Mr. LOTT. Mr. President, how much time do we have?
  The PRESIDING OFFICER. The Senator has 45 seconds remaining.
  Mr. LOTT. Mr. President, I yield myself some of the leader time if 
necessary. I thank Senator McCain for his continuing effort on this 
important legislation.
  I wonder how many people or how many Senators think the solution to 
the year 2000 computer problem is litigation, lawsuits. I don't believe 
most Senators believe that is the answer. I know the American people 
don't believe that is the answer. What they want is a solution. They 
want us to do everything we can to help small business men and women 
and the computer industry, everybody, address the problem. If we don't 
get it done by the year 2000, they certainly don't want lawsuits to be 
the solution.
  That is what is at stake. I have acted in good faith. I know Senator 
McCain has. I was assured last week by Senator Dodd of Connecticut that 
they were ready to go forward, that a number of Democrats would join 
the overwhelming Republican vote to support getting cloture.
  I want to emphasize this is on the motion to proceed. People need to 
understand that. This apparently is going to be an effort by the 
Democrats to block even taking up the bill to deal with this Y2K 
litigation problem.
  This is the second time in 3 weeks political games are being played 
with a very serious issue. If that is the way it is to be, I want the 
American people to understand the Democrats do not want a solution. 
They want to play games with this bill and they want litigation. That 
is what really is at stake.
  As majority leader, I have to try to deal with a lot of important 
issues, including the juvenile justice bill, supplemental 
appropriations for disasters, the situation in Kosovo, bankruptcy 
legislation, Department of Defense authorization, a whole long list of 
bills. We can't keep bringing up this bill or other bills. So this is 
it until somebody shows me that there is a good-faith effort.
  As far as having votes on alternatives, I think Senator McCain and 
other managers would be glad to do that. If somebody has an alternative 
proposal--by Senator Kerry, Senator Daschle --fine, let's vote on that. 
But to just block even the consideration of this bill I think is very 
questionable action.
  I hope the Senator will find a way to deal with this. At some point, 
if somebody shows me they are ready to go and we go to the substance 
and we have the votes to pass it, fine. Otherwise, the Democrats have 
on their shoulders the fact they have killed the Y2K legislation. Let 
them explain it to the businesspeople of this country, the men and 
women who have small businesses and to the computer industry, because 
that is where the problem is.
  I yield the floor.
  Mr. McCAIN. Mr. President, I ask unanimous consent the letter to 
Senator Kerry from the Year 2000 Coalition and the letter to me be 
printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                          Year 2000 Coalition,

                                                     May 12, 1999.
     Hon. John McCain,
     U.S. Senate, Russell Senate Office Building,
     Washington, DC.
       Dear Senator McCain: On behalf of the Year 2000 Coalition, 
     we are writing to express our strong support for S. 96, the 
     Y2K Act. The attached letter was delivered to Senator Kerry 
     this afternoon.
       The Year 2000 Coalition strongly supports legislation that 
     would encourage cooperative problem solving outside the 
     courtroom in order to alleviate Y2K-related problems that 
     occur. We believe S. 96 would create a legal framework to 
     protect both plaintiffs and defendants, and prevent this 
     unique situation from triggering a crisis in our economy and 
     our legal system.
           Sincerely,
       Aerospace Industries Association.
       Airconditioning & Refrigeration Institute.
       Alaska High-Tech Business Council.
       Alliance of American Insurers.
       American Bankers Associations.
       American Bearing Manufacturers Association.
       American Boiler Manufacturers Association.
       American Council of Life Insurance.
       American Electronics Association.
       American Entrepreneurs for Economic Growth.
       American Gas Association.
       American Institute of Certified Public Accountants.
       American Insurance Association.
       American Iron & Steel Institute.
       American Paper Machinery Association.
       American Society of Employers.
       American Textile Machinery Association.
       American Tort Reform Association.
       America's Community Bankers.
       Arizona Association of Industries.
       Arizona Software Association.
       Associated Employers.
       Associated Industries of Missouri.
       Associated Oregon Industries, Inc.
       Association of Manufacturing Technology.
       Association of Management Consulting Firms.
       BIFMA International.
       Business and Industry Trade Association.
       Business Council of Alabama.
       Business Software Alliance.
       Chemical Manufacturers Association.
       Chemical Specialties Manufacturers Association.
       Colorado Association of Commerce and Industry.
       Colorado Software Association.
       Compressed Gas Association.
       Computing Technology Industry Association.
       Connecticut Business & Industry Association, Inc.
       Connecticut Technology Association.
       Construction Industry Manufacturers Association.
       Conveyor Equipment Manufacturers Association.
       Copper & Brass Fabricators Council.
       Copper Development Association, Inc.
       Council of Industrial Boiler Owners.
       Edison Electric Institute.
       Employers Group.
       Farm Equipment Manufacturers Association.
       Flexible Packaging Association.
       Food Distributors International.
       Gypsum Association.
       Health Industry Manufacturers Association.
       Independent Community Bankers Association.
       Indiana Information Technology Association.
       Indiana Manufacturers Association, Inc.
       Industrial Management Council.
       Information Technology Association of America.
       Information Technology Industry Council.
       International Mass Retail Council.
       International Sleep Products Association.
       Interstate Natural Gas Association of America.
       Investment Company Institute.
       Iowa Association of Business & Industry.
       Manufacturers Association of Mid-Eastern PA.
       Manufacturer's Association of Northwest Pennsylvania.
       Manufacturing Alliance of Connecticut, Inc.
       Metal Treating Institute.
       Mississippi Manufacturers Association.
       Motor & Equipment Manufacturers Association.
       National Association of Computer Consultant Business.
       National Association of Convenience Stores.
       National Association of Hosiery Manufacturers.
       National Association of Independent Insurers.
       National Association of Manufacturers.
       National Association of Mutual Insurance Companies.
       National Association of Wholesaler-Distributors.
       National Electrical Manufacturers Association.
       National Federation of Independent Business.
       National Food Processors Association.
       National Housewares Manufacturers Association.
       National Marine Manufacturers Association.
       National Retail Federation.
       National Venture Capital Association.
       North Carolina Electronic and Information Technology 
     Association.
       Technology New Jersey.

[[Page S5439]]

       NPES, The Association of Suppliers of Printing, and 
     Publishing, and Converting Technologies.
       Optical Industry Association.
       Printing Industry of Illinois-Indiana Association.
       Power Transmission Distributors Association.
       Process Equipment Manufacturers Association.
       Recreation Vehicle Industry Association.
       Reinsurance Association of America.
       Securities Industry Association.
       Semiconductor Equipment and Materials International.
       Semiconductor Industry Association.
       Small Motors and Motion Association.
       Software Association of Oregon.
       Software & Information Industry Association.
       South Carolina Chamber of Commerce.
       Steel Manufacturers Association.
       Telecommunications Industry Association.
       The Bankers Roundtable.
       The Chlorine Institute, Inc.
       The ServiceMaster Company.
       Toy Manufacturers of America, Inc.
       United States Chamber of Commerce.
       Upstate New York Roundtable on Manufacturing.
       Utah Information Technology Association.
       Valve Manufacturers Association.
       Washington Software Association.
       West Virginia Manufacturers Association.
       Wisconsin Manufacturers & Commerce.
                                  ____



                                          Year 2000 Coalition,

                                                     May 12, 1999.
     Hon. John F. Kerry,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Kerry: The Year 2000 Coalition, a broad-based 
     multi-industry business group, is committed to working with 
     the Senate to enact meaningful Y2K liability legislation. We 
     fully support S. 96 sponsored by Senators McCain, with 
     amendments and revisions agreed to by Senators Wyden, Dodd, 
     Hatch, Feinstein and Bennett, as the most reasonable approach 
     to curtail unwarranted and frivolous litigation that might 
     occur as a result of the century date change.
       While we appreciate any effort that further demonstrates 
     the bipartisan recognition of the need for legislation, the 
     Coalition does not support the Y2K bill that is being 
     circulated in your name and believes it detracts from the 
     sponsors of S. 96 effort to build support for their bill. We 
     urge you to support S. 96 that is now pending before the 
     Senate. Your vote in favor of cloture is important to bring 
     the bill to the floor and allow the Senate to address the 
     challenge of Y2K confronting all Americans. A vote in favor 
     of S. 96 is a vote in favor of Y2K remediation instead of 
     litigation.
           Sincerely,
       Aerospace Industries Association.
       Airconditioning & Refrigeration Institute.
       Alaska High-Tech Business Council.
       Alliance of American Insurers.
       American Bankers Association.
       American Bearing Manufacturers Association.
       American Boiler Manufacturers Association.
       American Council of Life Insurance.
       American Electronics Association.
       American Entrepreneurs for Economic Growth.
       American Gas Association.
       American Institute of Certified Public Accountants.
       American Insurance Association.
       American Iron & Steel Institute.
       American Paper Machinery Association.
       American Society of Employers.
       American Textile Machinery Association.
       American Tort Reform Association.
       America's Community Bankers.
       Arizona Association of Industries.
       Arizona Software Association.
       Associated Employers.
       Associated Industries of Missouri.
       Associated Oregon Industries, Inc.
       Association of Manufacturing Technology.
       Association of Management Consulting Firms.
       BIFMA International.
       Business and Industry Trade Association.
       Business Council of Alabama.
       Business Software Alliance.
       Chemical Manufacturers Association.
       Chemical Specialties Manufacturers Association.
       Colorado Association of Commerce and Industry.
       Colorado Software Association.
       Compressed Gas Association.
       Computing Technology Industry Association.
       Connecticut Business & Industry Association, Inc.
       Connecticut Technology Association.
       Construction Industry Manufacturers Association.
       Conveyor Equipment Manufacturers Association.
       Copper & Brass Fabricators Council.
       Copper Development Association, Inc.
       Council of Industrial Boiler Owners.
       Edison Electric Institute.
       Employers Group.
       Farm Equipment Manufacturers Association.
       Flexible Packaging Association.
       Food Distributors International.
       Gypsum Association.
       Health Industry Manufacturers Association.
       Independent Community Bankers Association.
       Indiana Information Technology Association.
       Indiana Manufacturers Association, Inc.
       Industrial Management Council.
       Information Technology Association of America.
       Information Technology Industry Council.
       International Mass Retail Council.
       International Sleep Products Association.
       Interstate Natural Gas Association of America.
       Investment Company Institute.
       Iowa Association of Business & Industry.
       Manufacturers Association of Mid-Eastern PA.
       Manufacturer's Association of Northwest Pennsylvania.
       Manufacturing Alliance of Connecticut, Inc.
       Metal Treating Institute.
       Mississippi Manufacturers Association.
       Motor & Equipment Manufacturers Association.
       National Association of Computer Consultant Business.
       National Association of Convenience Stores.
       National Association of Hosiery Manufacturers.
       National Association of Independent Insurers.
       National Association of Manufacturers.
       National Association of Mutual Insurance Companies.
       National Association of Wholesaler-Distributors.
       National Electrical Manufacturers Association.
       National Federation of Independent Business.
       National Food Processors Association.
       National Housewares Manufacturers Association.
       National Marine Manufacturers Association.
       National Retail Federation.
       National Venture Capital Association.
       North Carolina Electronic and Information Technology 
     Association.
       Technology New Jersey.
       NPES, The Association of Suppliers of Printing, Publishing, 
     and Converting Technologies.
       Optical Industry Association.
       Printing Industry of Illinois-Indiana Association.
       Power Transmission Distributors Association.
       Process Equipment Manufacturers Association.
       Recreation Vehicle Industry Association.
       Reinsurance Association of America.
       Securities Industry Association.
       Semiconductor Equipment and Materials International.
       Semiconductor Industry Association.
       Small Motors and Motion Association.
       Software Association of Oregon.
       Software & Information Industry Association.
       South Carolina Chamber of Commerce.
       Steel Manufacturers Association.
       Telecommunications Industry Association.
       The Bankers Roundtable.
       The Chlorine Institute, Inc.
       The ServiceMaster Company.
       Toy Manufacturers of America, Inc.
       United States Chamber of Commerce.
       Upstate New York Roundtable on Manufacturing.
       Utah Information Technology Association.
       Valve Manufacturers Association.
       Washington Software Association.
       West Virginia Manufacturers Association.
       Wisconsin Manufacturers & Commerce.

  Mr. McCAIN. Mr. President, I will have more to say after the vote.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, I hope we do not lose sight of the fact we 
are on the threshold of being able to do something very important for 
this country. Those of us on this side of the aisle recognize we must 
do something with Y2K, and we will.
  The fact of the matter is, we are now debating one of the most 
important issues we face in this Congress. That is, What are we going 
to do with violence in our schools, violence in our society generally?
  We could complete this juvenile justice bill in the next day or two. 
Amendments have been winnowed down to where we just have a handful. If 
we stick to the substance of the bill, we could have something very 
important for the American people. I hope we are allowed to go forward 
with this juvenile justice bill.
  I see the manager of this bill who has done such an outstanding job. 
I yield to the Senator from Vermont.
  Mr. LEAHY. Mr. President, the Senate has considered S. 254 for 
portions of five days. The first day we were prevented from offering 
any amendments until almost 3 p.m. in the afternoon. When I tried to 
offer a first Democratic amendment, the underlying amendment to which 
it was offered was withdrawn and we started all over. Finally, we were 
able to offer amendments alternating back and forth across the aisle.
  Three amendments were debated and voted on Tuesday evening and my law

[[Page S5440]]

enforcement amendment was offered and left pending overnight. On 
Wednesday we continued to offer amendments on an alternating basis 
through the day and voted on four more amendments.
  The Senate fell into a pattern of tabling amendments offered by 
Democrats only to see those amendments come back as Republican 
sponsored amendments that were then adopted. Thus, after rejecting the 
Leahy law enforcement amendment we saw an amendment offered by Senator 
Ashcroft to add back several of its measures and had the McCain 
amendment on these same matters offered and withdrawn.
  Unquestionably the Senate hit a real snag on this bill when it 
rejected, on a virtual party line vote, the Lautenberg amendment and we 
saw first the Craig amendment and then Hatch-Craig II seeking to 
reclaim ground on the gun show amendment. Senator Schumer and I tried 
to point out problems with the Craig amendment only to be told that we 
were wrong on Wednesday night and right the morning after the amendment 
was adopted.
  On Wednesday the Senate had under consideration eight amendments 
through the day and voted on four of those. On Thursday the Senate 
voted on four more amendments and debated the Schumer Internet gun 
amendment and Hatch-Craig II on gun shows.
  On Friday, despite the plans of many Senators to travel to the 
Balkans and others to be away on other business, we continued debating 
and voting. There were two additional votes and six additional 
amendments were offered for debate with votes to be scheduled this 
week.
  It was also on Friday that the Majority Leader attempted to leave 
this juvenile crime bill and move off onto other matters. By my 
calculation, it was after the Senate had been permitted only the 
equivalent of three days on the juvenile crime bill spread over the 
course of four calendar days. If I recall correctly, the Senate spent 
almost that amount of time, a couple of years ago, renaming Reagan 
National Airport.
  Indeed, the Majority Leader filed cloture on his motion to proceed to 
S. 96 immediately after moving to proceed back to that bill and abandon 
Senate efforts on the juvenile violence legislation. It is that vote 
that is now approaching. It is that vote that will determine whether we 
abandon our effort to craft a juvenile violence bill or not. I urge all 
Senators to stay the course and not abandon this effort.
  Rather I would urge that we adopt the words of the Majority Leader 
from Friday when he said: ``Give it a reasonable time, give it full 
debate, have reasonable amendments, and then vote.''
  No one can seriously claim that Democrats are being dilatory or 
filibustering this bill. We have proceeded promptly from the moment the 
Majority Leader called it up for debate and proceeded to offer 
amendments from the earliest opportunity. I marvel at comments by the 
sponsors of the bill that it should have been passed with one day's 
consideration.
  The fact is that the bill was not the product of Judiciary Committee 
action but was introduced by the Majority Leader and the Chairman and 
five other Republicans from the Judiciary Committee this January and 
placed directly on the Senate calendar. The sponsors objected to its 
being referred to the Judiciary Committee and thereby prevented it.
  It has sat on the Senate Calendar since January, without hearings, 
without an opportunity to be considered by the Judiciary Committee, and 
without any opportunity for any Democrats to offer improvements or 
amendments to it.
  It should not go unnoticed that in spite of the fact that they 
drafted the bill, so far Republican cosponsors of the bill have 
sponsored 10 of the 13 Republican-offered amendments to it--the bill's 
sponsors have sponsored 10 of the Republican amendments so far. It is 
disingenuous for Republicans to seek leave to revise, reedit and amend 
their own bill and deny Democrats a fair opportunity to help shape that 
legislation through the amendment process. How about a commensurate 
opportunity for others to offer amendments to that work product, too?
  The Senate last week had 13 roll call votes on amendments, Senator 
Hatch accepted one and the Senate accepted one on a voice vote after a 
tabling motion failed. We have adopted seven amendments by roll call 
votes, including the two Craig amendments, and tabled five amendments 
by roll call votes. We were making progress on the bill and I was 
gratified to hear the encouraging words of the Majority Leader on 
Thursday.
  By last Friday, we had whittled the 89 likely Democratic amendments 
down by almost half and we have continued working to reduce them. On 
Friday we reached agreement on a finite list of possible amendments of 
which there were over 40 reserved not for Democrats but for 
Republicans.
  I have been working on a managers' package with Senator Hatch and 
believe that one should be ready to be accepted today that will go a 
long way toward reducing the remaining amendments on both sides and 
clearing the way to concluding Senate action on this measure. I hope 
that Senator Hatch will continue to work with me to offer that package 
without further delay.
  After acceptance of that managers' amendment, I expect the remaining 
Democratic amendments will number less than a dozen, probably less than 
10, and maybe less than that. Thus, if all the Democrats in the Senate 
could just have the opportunity to offer a number of amendments equal 
to the number of amendments offered so far by three of the original 
Republican sponsors of the bill, that would likely conclude Senate 
consideration of the bill and we could move to a vote on final passage.
  From all that Senator Hatch has been saying since Sunday, after 
offering amendments on Friday and Monday, the Republican side has only 
another three amendments to offer. It would be a shame for the majority 
to pull the bill now.
  In spite of the filing of the Republican motion to pull this bill and 
move back to the Y2K bill that was debated last month, Democrats have 
continued offering amendments, when permitted by the Republican 
majority. Unfortunately, Republican objection last Friday prevented 
Senator Lautenberg from offering his amendment in an effort to get a 
final vote on the language to be used in the context of gun show sales 
after Hatch-Craig II modified that language for a second time. I trust 
that there will be progress on that front today as we proceed and that 
other Democratic amendments will be allowed to be offered.
  It is my understanding that the next two amendments to be offered 
should be Democratic amendments, since we concluded Monday's session 
with two Republican amendments in a row.
  To date, after the filing of the cloture petition to end action on 
the juvenile violence bill and move off it and back to a debate on Y2K 
liability protection for certain businesses, there have been 13 
amendments offered and now pending and awaiting Senate votes. As many 
amendments were offered on Friday and Monday as were voted upon on 
Tuesday, Wednesday, Thursday and Friday. It is hard to see how anyone 
could say that we are not making progress and not making a strong good 
faith effort on this measure.
  Let me put this debate in its proper context. In the last Congress, 
the Judiciary Committee considered S. 10, a juvenile crime bill, and 
the predecessor to this measure. When Senator Hatch refers to years of 
work on S. 254, he is referring to the work we did to improve S. 10 in 
the last Congress. The Judiciary Committee met on six separate 
occasions to consider 52 amendments to S. 10--40 amendments were 
adopted by unanimous consent and 12 amendments were considered by roll 
call votes.
  As I have noted, the bill before us today, S. 254, was never 
considered by the Senate Judiciary Committee. The sponsors bypassed the 
Judiciary Committee. Democrats never had the chance in Committee to 
debate it, to offer amendments to S. 254 or to improve it. Is it any 
wonder that Democrats have amendments to this bill and would like an 
opportunity to be heard on the important subject of juvenile violence? 
Democrats' first opportunity to improve this bill is during this Senate 
floor debate.
  Also recall that when Democrats were in the majority and Republicans 
in the minority in 1994, there was a rather full debate on crime 
legislation.

[[Page S5441]]

The Senate considered the 1994 crime bill for 12 days over three weeks, 
and considered 99 amendments to the 1994 crime bill.
  Let us keep focused on the task of completing consideration of this 
juvenile violence bill without moving the Senate off onto other matters 
and abandoning this important effort. Does anyone really believe that 
the consideration of liability limited Y2K legislation is more 
important this month than completing Senate action on a juvenile 
violence bill? I urge a no vote on the Republican cloture motion and 
ask Republicans then to join with Democrats to continue to work to 
complete action on the juvenile violence bill.
  We are improving the bill by means of this Senate debate. Senator 
Hatch and I are agreeing to include suggestions from Senators from both 
sides of the aisle in a managers' amendment that should be accepted 
today. We have made and are making excellent progress. The Senate 
should be allowed to complete its work on this important legislation.
  We were pleased when the Majority Leader honored his commitment, made 
during the previous Senate debate on the Y2K bill, S. 96, to take up 
this measure as a vehicle for youth violence amendments. It would be 
ironic if we now abandoned that effort to return for a second time to 
the debate on Y2K legislation before being given an opportunity to 
complete action on this measure. The Senate should reject cloture on 
the motion to pull the juvenile violence bill and continue our 
important work on this measure.
  Mr. President, we have not spent a great deal of time on the juvenile 
crime bill. I think we spent the same amount of time renaming the 
National Airport. We spent only a fraction of the time on the last 
crime bill when the Democrats controlled the Senate because of the time 
taken by the Republican side. There were 99 amendments on that crime 
bill, I point out.
  The fact of the matter is that we can pass a good juvenile crime bill 
or we can give into a powerful lobby.
  I have been a gun owner since I was 14. I trained my children in the 
use of guns. I come from the only State in the Union with no gun 
control laws, but I tell you right now my duty is first and foremost to 
the Senate, not to a gun lobby. I believe Senators should determine the 
schedule on this bill, not the gun lobbies. Senators should vote this 
bill up or vote it down, not have it withdrawn at the behest of any 
lobby, even one as powerful as the gun lobby.
  We worked all weekend--all weekend--and we have removed most of the 
amendments pending.
  I point out that so far the Republicans who cosponsored the bill, 
sponsored 10 of the 13 Republican amendments to this bill. We have 
taken longer to vote on at least one amendment to accommodate Senators 
who were out, some for a fundraiser, than we did on the debate on that 
amendment.
  We reached on Friday an agreement on a finite list of possible 
amendments. We have a possible managers' package that could do this. We 
can finish this bill. I think if we want to do the actual work, we will 
get it done.
  I reserve the remainder of my time.
  Mr. BOND. Mr. President, I rise today to address the Y2K Act from my 
perspective as the chairman of the Senate Committee on Small Business. 
The choice presented by this legislation is clear--if you are a 
supporter of small business in America, you must support this 
legislation and vote for cloture so that the Senate may proceed on this 
bill.
  One of the highest priorities of the small business community for 
this Congress is that we establish procedures to resolve disputes 
efficiently arising from the Y2K computer problem. The consequences 
that may arise from this problem are as yet unknown. However, small 
family-owned businesses are understandably concerned that their 
companies may be in danger either from the problem itself or from suits 
brought by trial lawyers concerned only with the fees they can obtain 
from settlements.
  The small businesses concerned with Y2K litigation are located on 
Main Streets all across America, not just Silicon Valley. They are this 
country's mom and pop groceries, its dry cleaners and its hardware 
stores. The National Federation of Independent Businesses, the nation's 
largest small business association, strongly supports this legislation. 
The NFIB surveyed its members and found that an overwhelming 93% 
support capping damage awards for Y2K suits. The small business 
community is speaking with a unified voice in support of Y2K liability 
legislation and we should not ignore that voice.
  I have heard during the debate that enactment of this bill will harm 
small businesses. That simply is not the case. By merely reading the 
bill, it is apparent that small businesses will benefit greatly from 
its provision. So that we may dispel the myths surrounding this bill 
once and for all, it is important to point out several of the 
provisions of this legislation that small women and family-owned 
businesses will find particularly helpful.
  First, the legislation encourages alternative dispute resolution for 
Y2K lawsuits. This will help small businesses tremendously. According 
to the Gartner Group, an international consulting firm, more than $1 
trillion will be spent on litigation relating to the Y2K problem. 
Lawsuits are likely to occur up and down the supply chain. That is, if 
the supplier of a family-owned business has a Y2K failure that impacts 
its abilities to serve its customers, it may have a lawsuit on its 
hands. That business, to recoup its losses, may then be forced to turn 
around and sue its supplier, which very well may also be a small 
business. The supplier then will sue someone else to recoup its losses. 
The litigation cycle is never-ending and small businesses have the most 
to lose.
  A good example of a small business that may be caught in this cycle 
of litigation is a constituent of mine who owns a small medical supply 
company that provides oxygen to patients. He has already determined he 
has a Y2K problem with his computers and is diligently trying to 
correct the problem. The Health Care Financing Administration has even 
required him to create a booklet to provide to customers regarding the 
steps he has taken to become Y2K compliant. If his suppliers or vendors 
have a Y2K failure and he cannot supply needed oxygen to his customers, 
he may very well be subject to lawsuits that could cost him his 
company. This is the type of situation we must prevent from occurring.
  Women-owned and family-owned businesses are the most vulnerable from 
costly litigation, either as plaintiffs or defendants, because they 
don't have the time to devote to it and don't have excess revenue to 
afford it. In addition, small businesses do not want to sue companies 
with which they have long-standing relationships and whose survival is 
tied to their own. Therefore, encouraging resolution of disputes 
outside of the courtroom is of great assistance to these businesses.
  Second, the legislation requires plaintiffs to provide defendants 
with notice prior to filing a complaint and allows defendants 60 days 
to correct Y2K problems suffered by the plaintiff. Encouraging 
mitigation and prompt settlement of claims allows small women-owned and 
family-owned businesses to recover quickly from business disruptions 
and, most importantly, allows small businesses to continue doing 
business. As I stated before, many of these businesses do not have the 
cash flow to engage in long, drawn-out disputes, if they want to stay 
in business. This provision will allow small women-owned and family-
owned businesses to focus on correcting their problems and continuing 
in business. This is what small businesses want to do and what Congress 
should encourage.
  The bill also establishes punitive damage limits for suits against 
small businesses. The bill provides that under most circumstances a 
small business defendant cannot be subject to punitive damages greater 
than 3 times the compensatory damages awarded or $250,000, whichever is 
less. I don't believe that anybody can reasonably suggest that this 
provision will not help the small women-owned and family-owned 
businesses. Other than the obvious affect the cap will have, placing a 
limit on punitive damages will allow plaintiffs in meritorious suits to 
recover their actual damages quicker. Moreover, the cap will decrease 
the number of frivolous lawsuits that small businesses may have to 
face, as unscrupulous attorneys will realize that large settlements 
will not be forthcoming.

[[Page S5442]]

  It is also important to point out what this bill will not do. It will 
not prevent a small business from availing itself of the judicial 
system when it has been wronged by another party's actions related to 
the Y2K problem. The bill does not affect the enforcement of written 
contracts nor does it prevent a small business from bringing a lawsuit 
alleging negligence or other grounds based in tort law. The bill merely 
establishes a procedure to efficiently remedy disputes and preclude a 
feeding-frenzy on the part of unscrupulous plaintiff's attorneys 
attempting to earn their fortune from the Y2K problem.
  Earlier this year, Congress passed Y2K legislation that I authored to 
provide small businesses with the means to fix their own computer 
systems. The next step is to discourage frivolous suits and permit 
small women-owned and family-owned businesses to resolve Y2K disputes 
without costly litigation. The bill now before the Senate is a bi-
partisan compromise that will accomplish this objective without 
adversely affecting lawsuits that have merit.
  I believe that the choice is clear. If you are a supporter of small 
women-owned and family-owned business and you want to see them continue 
as the economic engine that runs this country, you must support this 
legislation and vote in favor of cloture so that the Senate may proceed 
on this bill.
  Mr. LEAHY. What is the parliamentary situation?
  The PRESIDING OFFICER. The Senator from Vermont has 2 minutes 42 
seconds, and the Senator from Arizona has 16 seconds.
  Mr. LEAHY. Mr. President, I will yield 30 seconds.
  Mr. SESSIONS. Mr. President, I had a question: Could we reach a time 
agreement? We could certainly cut debate on any amendments from this 
side, I think, to a very short time, and then we ought to be able to 
reach a time agreement.
  The majority leader would allow this bill to come up and we could 
have the votes that the Senator would like to have, but we need an 
ending date. We cannot go on with the ``walking'' filibuster that puts 
all the agenda of this Congress on hold because of an unlimited time 
debate.
  Could we do that?
  Mr. DASCHLE. Mr. President, before we vote, let me make a couple of 
points very clear.
  The first point is that we have done everything I know how to 
cooperate on the juvenile justice bill. We have offered a finite list 
of amendments. We have worked with our colleagues to reduce that list. 
We have agreed to time limits. We have not second-degreed or 
filibustered any amendments on the other side.
  As I say, we have done it all. We even offered to offer amendments on 
Friday and Monday. That was rejected by our Republican colleagues 
because they didn't want to debate those particular amendments on 
Friday and Monday, after the majority leader made it clear that he 
wanted to have a full debate on both of those days. We didn't have a 
full debate, but it wasn't the fault of Democrats.
  So Members might understand my surprise when the majority leader, out 
of the blue, without any prior notification, filed this motion to 
proceed on Y2K. I am not sure why he is doing it today. I sense there 
are some on the other side who don't want to finish the bill, who would 
rather put the bill back on the calendar, for whatever reason, and who 
don't want to do it cleanly. They want to do it in an obfuscated way so 
our fingerprints are on removing the bill. They want our fingerprints 
on this bill as it is put back on the calendar.
  We are not going to do that. We ought to stay on this bill until it 
is finished. We are getting closer. There is absolutely no reason why, 
this week--early this week--we couldn't finish this legislation, if we 
set our mind to doing so.
  So we are going to oppose cloture today, not because we don't want to 
move to Y2K. I want to move to that bill, and I will support a motion 
to proceed to Y2K. I will do it and I hope we do it immediately, after 
this bill is completed. We don't need to file cloture on it. I will 
support it, a lot of our colleagues will support it. We want to get a 
Y2K bill passed. I hope we could do it in a way that would bring a 100-
0 vote. I think we are negotiating in a way that could produce that 
result, but maybe I am too optimistic.
  Let's take these things one step at a time. Let us ensure that we 
finish this bill before we move on to the next bill. And when we do, I 
will move on to the next bill and I will move on to the bill after 
that. We have to get our work done, but let's do it in an organized 
fashion.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona has 16 seconds.
  Mr. McCAIN. Mr. President, I am amused and entertained by the remarks 
of the Democrat leader. All he has to do is agree to a time and date 
when the final passage of the juvenile justice bill would be voted on. 
He knows it. I know it. We know it.
  He is using the same excuse he used last time--almost exactly--that 
he would move forward with the bill and we would have final passage. I 
congratulate him on his rhetoric.


                             CLOTURE MOTION

  The PRESIDING OFFICER. All time has expired. The cloture motion 
having been presented under rule XXII, the Chair directs the clerk to 
read the motion.
  The legislative assistant read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 34, S. 96, the Y2K legislation:
         Trent Lott, John McCain, Jesse Helms, Rod Grams, Connie 
           Mack, John H. Chafee, R. F. Bennett, Larry E. Craig, 
           Craig Thomas, Pete Domenici, Richard G. Lugar, Sam 
           Brownback, Ben Nighthorse Campbell, Pat Roberts, Chuck 
           Hagel, and Spencer Abraham.


                                  VOTE

  The PRESIDING OFFICER. The question is, Is it the sense of the Senate 
that debate on the motion to proceed to S. 96, the Y2K Act, shall be 
brought to a close?
  The yeas and nays are required under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Kansas (Mr. Brownback) 
is necessarily absent.
  Mr. REID. I announce that the Senator from New York (Mr. Moynihan) is 
necessarily absent.
  I further announce that, if present and voting, the Senator from New 
York (Mr. Moynihan) would vote ``no.''
  The PRESIDING OFFICER (Mr. Crapo). Are there any other Senators in 
the Chamber who desire to vote?
  The yeas and nays resulted--yeas 53, nays 45, as follows:

                      [Rollcall Vote No. 120 Leg.]

                                YEAS--53

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Fitzgerald
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Kyl
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--45

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Shelby
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Brownback
     Moynihan
       
  The PRESIDING OFFICER. On this vote, the yeas are 53, the nays are 
45. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. Mr. President, let me say again how disappointed I am that 
it appears the Senate did not want to deal with the question of the 
year 2000 computer liability problem. I think that is a devastating 
blow for business and industry in this country, big and small,

[[Page S5443]]

as well as the computer industry. If we do not do this, I predict by 
this time next year our courts will be clogged with lawsuits. I do not 
believe that is the answer to the problem.

                          ____________________