[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 22 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 22

To establish a bipartisan national commission to address the year 2000 
                           computer problem.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Moynihan introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a bipartisan national commission to address the year 2000 
                           computer problem.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Year 2000 Computer 
Problem Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) A devastating computer problem will have extreme 
        negative economic and national security consequences in the 
        year 2000 and in subsequent years, unless the Federal 
        Government addresses and remedies that problem.
            (2) Most computer programs (particularly programs in 
        mainframes) in computers used by both the public and private 
        sector express dates with only 2 digits, on the assumption that 
        the first 2 digits are ``19''.
            (3) Because of the problem referred to in paragraph (2), 
        most computer programs--
                    (A) read ``00-01-01'' as ``January 1, 1900''; and
                    (B) will not recognize the year 2000 or the 21st 
                century without a massive rewriting of codes.
            (4) The Congressional Research Service has completed a 
        report on the implications of the problem described in 
        paragraphs (2) and (3) (referred to in this Act as the ``year 
        2000 computer problem'').
            (5) According to the report by the Congressional Research 
        Service, each line of computer code will need to be analyzed 
        and either passed on or be rewritten.
            (6) According to leading research in the computer field--
                    (A) on the basis of an average cost of $1.10 per 
                line of code, it may cost as much as $30,000,000,000 to 
                correct the computer systems of the Federal Government; 
                and
                    (B) it is important to address the crisis caused by 
                the year 2000 computer problem immediately by making 
                funds available by appropriations, because--
                            (i) the cost of remedying that problem will 
                        increase at an approximate rate of 20 to 50 
                        percent per year;
                            (ii) the number of available persons with 
                        skills to address that problem will diminish as 
                        a result of increased demand;
                            (iii) the year 2000 computer problem is an 
                        international problem that could cost as must 
                        as $600,000,000,000 to repair on a worldwide 
                        basis;
                            (iv) that repair could be compromised by 
                        external contamination by foreign countries 
                        that do not comply with measures to effectuate 
                        the repair;
                            (v) the Federal Government and the 
                        governments of States and political 
                        subdivisions thereof will bear a significant 
                        share of the cost of remedying the year 2000 
                        computer problem; and
                            (vi) it is necessary to have adequate 
                        financial resources to ensure the proper 
                        operation of computer systems at the levels of 
                        government referred to in clause (v).
            (7) The following analyses, determinations, and 
        recommendations need to be made to address the problem of 
        remedying the year 2000 computer problem:
                    (A) A brief analysis of the history and background 
                concerning the reasons for the occurrence of the year 
                2000 computer problem.
                    (B) A determination of the costs of reviewing and 
                rewriting computer codes for both the Federal 
                Government and the governments of States for the 3-year 
                period immediately following the date of enactment of 
                this Act, including--
                            (i) a legal analysis of responsibilities 
                        for the costs; and
                            (ii) possible equitable bases for sharing 
                        the costs.
                    (C) An analysis of the implications of the year 
                2000 computer problem with respect to intergovernmental 
                and integrated systems.
                    (D)(i) A determination of the period of time 
                necessary to remedy the year 2000 computer problem 
                (including testing).
                    (ii) If the earliest practicable date determined 
                under clause (i) is not January 1, 2000, a 
                determination of--
                            (I) with respect to each Federal agency (as 
                        that term is defined in section 551(1) of title 
                        5, United States Code)--
                                    (aa) priority functions of that 
                                Federal agency; and
                                    (bb) priority systems of that 
                                agency; and
                            (II) which Federal agencies are at risk of 
                        being incapable of performing basic services as 
                        a result of the year 2000 computer problem.
                    (E) The development of balanced and sound contracts 
                to be used in necessary Federal procurement with 
                respect to using private contractors in the computer 
                industry, including contracts to carry out compliance 
                with measures necessary to achieve a remedy of the year 
                2000 computer problem for computer programs and 
                systems--
                            (i) in use as of the date of enactment of 
                        this Act; and
                            (ii) acquired after the date of enactment 
                        of this Act.
                    (F) An analysis of the effects and potential 
                effects on the United States economy that would result 
                if the year 2000 computer problem is not resolved by 
                June 1, 1999.
                    (G) Recommendations to the President and the 
                Congress concerning, with respect to minimizing costs 
                and risks to the public and private sector as a result 
                of the year 2000 computer problem--
                            (i) lessons to be learned; and
                            (ii) policies and actions to be taken--
                                    (I) before the year 2000; and
                                    (II) after the year 2000, if 
                                certain public agencies have not taken 
                                measures to remedy the year 2000 
                                problem.
            (8)(A) Congress recognizes that an executive branch 
        interagency committee has been established to raise awareness 
        of the year 2000 computer problem and facilitate efforts at 
        remedying that problem.
            (B) However, in order to best minimize the impact and cost 
        of the year 2000 computer problem, and in recognition of the 
        extreme urgency of the problem, this Act establishes a 
        bipartisan commission to--
                    (i) conduct the analyses and determinations, and 
                make the recommendations referred to in paragraph (7); 
                and
                    (ii) take the responsibility for assisting 
                appropriate Federal officials in ensuring that all 
                Federal agencies will be in compliance with necessary 
                measures to remedy the year 2000 computer problem not 
                later than January 1, 1999.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--
            (1) In general.--There is established a commission to be 
        known as the ``National Commission to Address the Year 2000 
        Computer Problem'' (in this Act referred to as the 
        ``Commission'').
            (2) Membership.--The Commission shall be composed of 20 
        members appointed as follows:
                    (A) 5 members shall be appointed by the President 
                from among officers or employees of the executive 
branch or private citizens of the United States (or both), of which not 
more than 3 individuals shall be members of the same political party.
                    (B) 5 members shall be appointed by the President 
                from among officers or employees of the governments of 
                States or private citizens of the United States (or 
                both), of which not more than 3 individuals shall be 
                members of the same political party.
                    (C) 5 members shall be appointed by the President 
                from among nominations made by the President pro 
                tempore of the Senate, in consultation with the 
                Majority Leader and Minority Leader of the Senate, from 
                among officers or employees of the Senate or private 
                citizens of the United States (or both), of which not 
                more than 3 shall be members of the same political 
                party.
                    (D) 5 members shall be appointed by the President 
                from among nominations made by the Speaker of the House 
                of Representatives, in consultation with the Majority 
                Leader and Minority Leader of the House of 
                Representatives, from among Members of the House of 
                Representatives or private citizens of the United 
                States (or both), of which not more than 3 individuals 
                shall be members of the same political party.
    (b) Chairperson.--The President shall designate a Chairperson from 
among the members of the Commission.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the 
Chairperson.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The duties of the Commission are as follows:
            (1) Study.--The Commission shall conduct a study of the 
        history of the year 2000 computer problem. The study shall 
        provide for the following:
                    (A) A brief analysis of the history and background 
                concerning the reasons for the occurrence of the year 
                2000 computer problem.
                    (B) A determination of the costs of reviewing and 
                rewriting computer codes for both the Federal 
                Government and the governments of States for the 3-year 
                period immediately following the date of enactment of 
                this Act, including--
                            (i) a legal analysis of responsibilities 
                        for the costs; and
                            (ii) possible equitable bases for sharing 
                        the costs.
                    (C) An analysis of the implications of the year 
                2000 computer problem with respect to intergovernmental 
                and integrated systems.
                    (D)(i) A determination of the period of time 
                necessary to remedy the year 2000 computer problem 
                (including testing).
                    (ii) If the earliest practicable date determined 
                under clause (i) is not January 1, 2000, a 
                determination of--
                            (I) with respect to each Federal agency (as 
                        that term is defined in section 551(1) of title 
                        5, United States Code)--
                                    (aa) priority functions of that 
                                Federal agency; and
                                    (bb) priority systems of that 
                                agency; and
                            (II) which Federal agencies are at risk of 
                        being incapable of performing basic services as 
                        a result of the year 2000 computer problem.
                    (E) The development of recommended balanced and 
                sound contracts to be used in necessary Federal 
                procurement with respect to using private contractors 
                in the computer industry, including contracts to carry 
                out compliance with measures necessary to achieve a 
                remedy of the year 2000 computer problem for computer 
                programs and systems--
                            (i) in use as of the date of enactment of 
                        this Act; and
                            (ii) acquired after the date of enactment 
                        of this Act.
                    (F) An analysis of the effects and potential 
                effects on the United States economy that would result 
                if the year 2000 computer problem is not resolved by 
                June 1, 1999.
            (2) Examinations.--In carrying out paragraph (1), the 
        Commission shall--
                    (A) examine--
                            (i) the historical context of computer 
                        programs that relate to date fields and their 
                        relationship to the year 2000 computer problem;
                            (ii) the current condition (at the time of 
                        the examination) of computer programs that 
                        relate to date fields and their relationship to 
                        the year 2000 computer problem; and
                            (iii) the long-term condition of computer 
                        programs as they relate to date fields and the 
                        year 2000;
                    (B) identify problems in computers that serve the 
                public or private sector (or both) that threaten the 
                proper functions of computers during the period 
                immediately preceding the 21st century; and
                    (C) analyze potential solutions to problems related 
                to the year 2000 computer problem that will address--
                            (i) the brief period remaining to remedy 
                        the problem;
                            (ii) the substantial cost of reviewing and 
                        rewriting computer codes; and
                            (iii) the shared responsibilities for the 
                        costs referred to in clause (ii).
            (3) Recommendations.--During the period during which the 
        Commission conducts the study under paragraph (1), the 
        Commission shall make such recommendations as the Commission 
        determines to be appropriate concerning addressing the year 
        2000 computer problem (including addressing the problem as a 
        matter of national security and making recommendations 
        concerning the procurement contracts referred to in paragraph 
        (1)(E)) to--
                    (A) the Secretary of Defense;
                    (B) the President; and
                    (C) Congress.
    (b) Reports.--
            (1) Report to congress.--Not later 180 days after the 
        initial meeting of the Commission, and every 180 days 
        thereafter during the period in which the Commission is in 
        existence, the Commission shall submit to Congress a report 
        containing such recommendations concerning the year 2000 
computer problem as the Commission determines to be appropriate to 
remedy the problem in such manner as to ensure an effective transition 
of the computer programs and systems of the Federal Government and the 
governments of States and political subdivisions thereof from the year 
1999 to the year 2000, including--
                    (A) proposals for new procedures or regulations; 
                and
                    (B) legislative proposals (including 
                recommendations concerning levels of appropriations 
                that are needed to ensure that transition).
            (2) Report to president.--Not later than July 3, 1997, the 
        Commission shall submit a report to the President that contains 
        the information referred to in paragraph (1).

SEC. 5. ADMINISTRATION.

    (a) Information.--The head of a Federal agency, as that term is 
defined in section 551(1) of title 5, United States Code, shall, to the 
extent permitted by law, provide the Commission such information as it 
may require for the purpose of carrying out its functions.
    (b) Compensation.--Except as provided in subsection (c), members of 
the Commission shall serve without any additional compensation for 
their work on the Commission.
    (c) Travel Expenses.--While away from their homes or regular places 
of business in the performance of services for the Commission, members 
of the Commission shall be allowed travel expenses including per diem 
in lieu of substance, in the same manner as persons employed 
intermittently in the Government service are allowed expenses under 
section 5703(b) of title 5, United States Code.
    (d) Staff.--The Chairperson of the commission may, without regard 
to the civil service laws and regulations, appoint and terminate an 
executive director and such other additional personnel as may be 
necessary to enable the Commission to perform its duties.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.
    (f) Expenses.--Any expenses of the Commission shall be paid from 
funds that are available to the Secretary of Defense.

SEC. 6. TERMINATION.

    The Commission, shall terminate on December 31, 1999.
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