[JPRT, 106th Congress]
[From the U.S. Government Publishing Office]


                           [COMMITTEE PRINT]

      106th Congress                                   1st Session

                                     


                         JOINT COMMITTEE ON THE
                          LIBRARY OF CONGRESS

                               ----------                              
 
                      MEMBERSHIP OF THE COMMITTEE
                           RULES OF PROCEDURE
                                  and
                         ORGANIZATIONAL MEETING


                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13



  Available via the World Wide Web: http://www.access.gpo.gov/congress






                            C O N T E N T S

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Membership of the Joint Committee on the Library of Congress.....     1

Rules of procedure of the Joint Committee on the Library of 
  Congress.......................................................     3

Joint Committee on the Library of Congress organizational meeting     7

                                (ii)






      MEMBERSHIP OF THE JOINT COMMITTEE ON THE LIBRARY OF CONGRESS

                 Senator TED STEVENS, Alaska, Chairman

      Representative WILLIAM M. THOMAS, California, Vice Chairman

 SENATE                                          HOUSE
  
THAD COCHRAN, Mississippi              JOHN A. BOEHNER, Ohio
MITCH McCONNELL, Kentucky              VERNON J. EHLERS, Michigan
CHRISTOPHER J. DODD, Connecticut       STENY H. HOYER, Maryland
DANIEL PATRICK MOYNIHAN, New York      JIM DAVIS, Florida



 SENATE CONTACT                                  HOUSE CONTACT
  
Christine Ciccone,                     Reynold Schweickhardt,
  Staff Director                          Deputy Staff Director
  224-3471                                  225-8281





                                     

  RULES OF PROCEDURE OF THE JOINT COMMITTEE ON THE LIBRARY OF CONGRESS

                        (Adopted March 24, 1999)

                   TITLE I--MEETINGS OF THE COMMITTEE

    1. Regular meetings shall be held in room S-128 of the 
Capitol. Meetings may be called by the chairman, with the 
concurrence of the vice chairman, as may be deemed necessary or 
pursuant to the provisions of paragraph 3 of rule XXVI of the 
Standing Rules of the Senate.
    2. Meetings of the committee, including meetings to conduct 
hearings, shall be open to the public, except that a meeting or 
series of meetings by the committee on the same subject for a 
period of no more than 14 calendar days may be closed to the 
public on a motion made and seconded to go into closed session 
to discuss only whether the matters enumerated in subparagraphs 
(A) through (F) would require the meeting to be closed followed 
immediately by a recorded vote in open session by a majority of 
the members of the committee when it is determined that the 
matters to be discussed or the testimony to be taken at such 
meeting or meetings--
          (A) will disclose matters necessary to be kept secret 
        in the interests of national defense or the 
        confidential conduct of the foreign relations of the 
        United States;
          (B) will relate solely to matters of the committee 
        staff personnel or internal staff management or 
        procedure;
          (C) will tend to charge an individual with crime or 
        misconduct, to disgrace or injure the professional 
        standing of an individual, or otherwise to expose an 
        individual to public contempt or obloquy, or will 
        represent a clearly unwarranted invasion of the privacy 
        of an individual;
          (D) will disclose the identity of any informer or law 
        enforcement agent or will disclose any information 
        relating to the investigation or prosecution of a 
        criminal offense that is required to be kept secret in 
        the interests of effective law enforcement;
          (E) will disclose information relating to the trade 
        secrets or financial or commercial information 
        pertaining specifically to a given person if--
                  (1) an Act of Congress requires the 
                information to be kept confidential by 
                Government officers and employees; or
                  (2) the information has been obtained by the 
                Government on a confidential basis, other than 
                through an application by such person for a 
                specific Government financial or other benefit, 
                and is required to be kept secret in order to 
                prevent undue injury to the competitive 
                position of such person; or
          (F) may divulge matters required to be kept 
        confidential under the provisions of law or Government 
        regulations. (Paragraph 5(b) of rule XXVI of the 
        Standing Rules.)
    3. Written notices of committee meetings will normally be 
sent by the committee's staff director to all members of the 
committee at least 3 days in advance. In addition, the 
committee staff will telephone reminders of committee meetings 
to all members of the committee or to the appropriate staff 
assistants in their offices.
    4. A copy of the committee's intended agenda enumerating 
separate items committee business will normally be sent to all 
members of the committee by the staff director at least 1 day 
in advance of all meetings. This does not preclude any member 
of the committee from raising appropriate non-agenda topics.
    5. Any witness who is to appear before the committee in any 
hearing shall file with the clerk of the committee at least 3 
business days before the date of his or her appearance, a 
written statement of his or her proposed testimony and an 
executive summary thereof, in such form as the chairman may 
direct, unless the chairman waives such requirement for good 
cause.

                           TITLE II--QUORUMS

    1. Pursuant to paragraph 7(a)(1) of rule XXVI of the 
Standing Rules, 4 members of the committee shall constitute a 
quorum.
    2. Pursuant to paragraph 7(a)(2) of rule XXVI of the 
Standing Rules, 2 members of the committee shall constitute a 
quorum for the purpose of taking testimony; provided, however, 
once a quorum is established, any one member can continue to 
take such testimony.
    3. Under no circumstances may proxies be considered for the 
establishment of a quorum.

                           TITLE III--VOTING

    1. Voting in the committee on any issue will normally be by 
voice vote.
    2. If a third of the members present so demand, a record 
vote will be taken on any question by rollcall.
    3. The results of rollcall votes taken in any meeting upon 
any measure, or any amendment thereto, shall be stated in the 
committee report on that measure unless previously announced by 
the committee, and such report or announcement shall include a 
tabulation of the votes cast in favor of and the votes cast in 
opposition to each such measure and amendment by each member of 
the committee. (Paragraph 7(b) and (c) of rule XXVI of the 
Standing Rules.)
    4. Proxy voting shall be allowed on all measures and 
matters before the committee. However, the vote of the 
committee to report a measure or matter shall require the 
concurrence of a majority of the members of the committee who 
are physically present at the time of the vote. Proxies will be 
allowed in such cases solely for the purpose of recording a 
member's position on the question and then only in those 
instances when the absentee committee member has been informed 
of the question and has affirmatively requested that he be 
recorded. (Paragraph 7(a)(3) of rule XXVI of the Standing 
Rules.)

        TITLE IV--DELEGATION OF AUTHORITY TO COMMITTEE CHAIRMAN

    1. The chairman is authorized to sign himself or by 
delegation all necessary vouchers and routine papers for which 
the committee's approval is required and to decide in the 
committee's behalf all routine business.
    2. The chairman is authorized to engage commercial 
reporters for the preparation of transcripts of committee 
meetings and hearings.
    3. The chairman is authorized to issue, on behalf of the 
committee, regulations normally promulgated by the committee at 
the beginning of each session.

 
   JOINT COMMITTEE ON THE LIBRARY OF CONGRESS ORGANIZATIONAL MEETING

                              ----------                              


                       WEDNESDAY, MARCH 24, 1999

                                       U.S. Senate,
                               Committee on Appropriations,
                                                    Washington, DC.
    The committee met at 3:45 p.m., in room S-128, the Capitol, 
Hon. Ted Stevens (chairman) presiding.
    Senators present: Senators Stevens, Cochran, McConnell, and 
Dodd.
    Representatives present: Thomas, Boehner, Ehlers, Hoyer, 
and Davis.
    Senator Stevens. Let me thank you, Bill. The Library has 
become a leader in the technology area, and it has made the 
treasures contained in the Library much more accessible. That 
has to do with your foresight and work in the last few years as 
Chairman of this joint committee.
    I understand there is one unresolved issue from the 105th 
Congress, and I want to defer to you to make any arrangements 
necessary to resolve the pending report from the CRS Online 
Task Force. And I am pleased to recognize you for anything that 
you would like to say.
    Mr. Thomas. Have you formally been installed as chairman?
    Senator Stevens. I thought I would defer to you. I did not 
want to nominate myself.
    Mr. Thomas. I thought perhaps a unanimous vote had already 
taken place.
    Senator Stevens. No. But I sincerely thank you from this 
side of Congress for your work on the digital library concepts.
    Mr. Thomas. Could I suspend a comment on that and first say 
that I would very much like to nominate the Senator from 
Alaska, the chairman of the Joint Committee on the Library.
    Senator Stevens. Are there any other nominations?
    [No response.]
    Mr. Hoyer. Could I have the honor of seconding that 
nomination? The first bill I ever introduced was to name the 
District Heights post office for the mayor, who had been mayor 
for 25 years--all of my childhood and adult life had been 
mayor. And when we came over, hat in hand, their staff did not 
think maybe this bill ought to move. And I went, hat in hand, 
to Senator Stevens and explained to him the importance, and he 
has been a good mayor.
    Mr. Thomas. I move the nominations be closed.
    Senator Stevens. All in favor, say aye.
    [A chorus of ayes.]
    Senator Stevens. And I would yield to you to nominate our 
distinguished friend from the House as vice chairman.
    Senator Cochran. Mr. Chairman, it is an honor and a 
privilege to nominate the distinguished gentleman from 
California, Bill Thomas, as vice chair of the Committee on the 
Library of Congress.
    Senator Stevens. Is there a second? I would happily second 
that.
    Are there any further nominations?
    Mr. Hoyer. I would second it as well, just because it is 
inevitable. [Laughter.]
    Mr. Thomas. You are with me when it is inevitable. 
[Laughter.]
    Senator Stevens. The nominations are closed. If there is no 
objection, we will cast a unanimous ballot for Chairman Thomas 
to become the vice chairman.
    Mr. Thomas. I thank you very much.
    Senator Stevens. I would yield to you.
    Mr. Thomas. It was with the help of our colleague from 
Mississippi and from Michigan, reviewing the reports that 
historically have come to us from the Congressional Research 
Service, with some indication of what we want to do with them. 
And since we have a lot of new members to the staff and new 
members to the committee, it seems appropriate that we do a 
review of the structure, as far as it is now in terms of 
content, so that we can present it at a future date in terms of 
either a continuing discussion and examination of what is being 
proposed or hopefully not in a reopening of the issue. But I do 
think that perhaps either the Senator from Mississippi or the 
gentleman from Michigan might want to make a comment about 
where they are, but I would not want to propose that we take 
any action now.
    Senator Cochran. Vern, why do not you proceed to tell them 
what we have done.
    Mr. Ehlers. Thank you, Mr. Chairman. I would be happy to do 
that.
    We have spent a considerable amount of time looking into 
the issue of CRS reports going on the Internet. As I am sure 
everyone here knows, there is legislative language which, at 
this point, does not permit the CRS, as an entity, to release 
reports on the Internet. Their reports are submitted to members 
of the Congress, the House and the Senate, who have requested 
them, or their standardized reports that are made available to 
all members.
    We have examined some of the legal implications of putting 
CRS reports on the Internet. And there are a number of major 
issues that have to be dealt with there. Senator Cochran and I 
have met and discussed this. Our staffs have also spent a lot 
of time discussing it. We believe we have come up with a 
workable solution, which would provide that any member wishing 
to put the CRS reports on their Web site, thereby on the 
Internet, would be allowed to do so.
    Although they would be cautioned that the reports should be 
screened to make sure there are no violations of copyright law 
and things of that sort, since the CRS does not take care of 
those matters in preparing them for a member, but they are 
operating as an extension of staff. But if they are to be 
released publicly, there are legal issues raised which must be 
attended to.
    We have looked at these in quite some depth, and we are 
prepared to make a recommendation. I would agree with Chairman 
Thomas that it is something that deserves some study on the 
part of every member and their staffs. But the general 
principle that we try to follow is to release as much 
information as is appropriate to be released so that the public 
may be informed of what the Congress does, but not violate the 
principle that what the CRS does is as an extension of our 
staff, and therefore the reports basically have the same status 
as a memo from a staff member. And that means the reports have 
to meet all legal requirements before going on the Internet.
    One final item here is, as you know, most Internet 
documents of the Congress are on the Thomas system of the 
Library of Congress. Since we are talking about members putting 
these on their own Web sites, the only role of the Library of 
Congress would be to maintain an index so that any citizen 
coming into Thomas would find out which members have released 
which reports and they could go directly then to that member's 
Web site with a simple click of the mouse.
    So that is the status, Mr. Chairman. And I believe the 
report is essentially complete so far as Senator Cochran and I 
are concerned. And it is available for distribution to the 
committee.
    Senator Cochran. First of all, I would congratulate Vern on 
his excellent statement about the work that has been done. Two, 
I would say that there is some work we may have to do on the 
report before we make it available as a report from the task 
force about the effort that talks about the concerns we have. 
But also there is the realization that we are moving into an 
area when this information should be made available as members 
may choose. But there are some safeguards that have to be built 
in.
    And I have been opposed to the legislation, you need to 
know, that has been introduced here in the Senate that would 
just automatically make everything the CRS does available on 
the Internet. I am still strongly opposed to that. I think that 
is a big mistake to go along with that. So that is another 
thing we have kept in mind. We want to do what is appropriate, 
though, to recognize the realities of the communications age.
    Senator Dodd. We passed--and I think the Senate Rules 
Committee adopted, I think in the last Congress--a policy just 
exactly as you described. And then the CRS will help them do 
that. But it is the members' product at that point, and the CRS 
is acting as an assistant, in a sense, in getting it to the 
public.
    But I think your point is very well taken, Thad, that the 
CRS all of a sudden becomes a public entity in that regard.
    Senator Cochran. We would lose a good Congressional 
Research Service in the process if we did that.
    Senator Dodd. I think it is a nice compromise.
    Mr. Ehlers. If I may comment, Mr. Chairman, on that point. 
We are aware of the Senate action, and this conforms largely 
with that action, in the sense of making it available if an 
individual member wishes to make it public, but, at the same 
time, provided it meets the legal requirements in regards to 
copyright.
    Mr. Thomas. However, very briefly, I do think that in the 
process we may in fact have to create a procedure in which a 
member making a request of CRS--and I do not want to get into a 
big debate about this, but I have been thinking a lot about 
this--would indicate whether they had an inclination to release 
it when they received it.
    I am very concerned that, notwithstanding the protections 
that were provided, that CRS starts writing reports to members 
as though they were going to be public, which destroys, I 
think, a significant aspect of the work over the years, in 
being very, very willing to provide information that they 
perhaps would have second thoughts about if it was not public. 
And it might be useful just to indicate that--not that they 
would necessarily create a fundamentally different document, 
but it may then trigger the copyright and other aspects, and 
perhaps then place a statement on there that materials that 
otherwise would have been used are not being used because of 
copyright, et cetera, just to create an understanding that 
there is a price that is going to be paid perhaps in the 
research the Congress gets if our primary goal is to be a 
conduit to the outside, which has not been the historical 
purpose of the CRS.
    Senator Stevens. Maybe we ought to make some sort of 
suggestion in the report when it is finished to the effect that 
the requester should indicate whether or not it will be 
released before it is prepared. I have seen some pretty frank 
advice from CRS, and I respected it and wanted it. But I am not 
sure they will give me that kind of advice if it is going to be 
released.
    I do think we ought to think about promulgating some sort 
of a form that is filed when the person requests, or the 
committee requests, CRS to prepare a report, and have it 
disclosed at that time, and that would then be binding--you 
would not release one which you indicated would not be 
released. That is something we should pursue if we could.
    Senator Dodd. This needs some real thought. I can see this 
getting out of hand and all of a sudden people start jockeying 
to get positions because it becomes a political institution.
    Senator Stevens. Well, we will continue to wait for the 
report. As I understand it, when we get it, we will take final 
action at that time. Could we at this time turn to----
    Mr. Ehlers. Could I just ask one question. Would you like 
us to circulate it to you for comment before the next meeting?
    Senator Stevens. I think that is appropriate, do you not, 
Mr. Thomas?
    Mr. Thomas. Yes.
    Senator Stevens. Before each of you is the new draft of the 
rules of procedure for this joint committee. And it is subject 
to Senate rules, but I would urge that we adopt those rules. As 
I understand it, they have been cleared on both sides.
    Mr. Thomas. Mr. Chairman, I move adoption of the rules.
    Senator Dodd. Let me just raise an issue. And it is just a 
concern. There is the minority representation--talking about 
the access you have. And I have great confidence in you just 
informing the minority as to when a decision has been made so 
we do not have to have full committee meetings.
    Senator Stevens. I want to talk about that, because of our 
difference in our procedures and the House procedures. But at 
this time, can we adopt the rules? Is there any comment about 
the rules?
    Senator Cochran. I move we adopt the rules as presented, 
Mr. Chairman.
    Mr. Thomas. Second.
    Senator Stevens. Any discussion?
    [No response.]
    Senator Stevens. If not, without objection, those will be 
adopted.
    Now the next thing on the agenda is the gentleman is 
waiting to take a class photo. And I suggest to you we stand 
down there.
    [A brief recess was taken.]
    Senator Stevens. Let me suggest to you some concepts I 
would like to pursue and see if there is any discussion. I 
would like to hold an oversight hearing of the Library of 
Congress bicentennial activities in the very near future. The 
Library has a number of activities. I have discussed them 
already with the Librarian of Congress, and he is eager to 
discuss these with the joint committee, along with his staff. 
And I want to work with you, Bill, to see if we can find an 
appropriate time for that. And we will do that.
    Secondly, I have discussed with the Librarian the concept 
that we ought to think about having, in the year 2000, a dinner 
to honor all of the living Nobel laureates of the United States 
and for their contributions to science for our country in the 
20th century. It seems to me that that is an idea that most 
people think is worth pursuing. The laureates will be in town 
in May of the year 2000 for an event that is sponsored by the 
American Academy of Achievement. That is a group that honors 
the young graduates of our country. And they will be here in 
Washington at that time.
    I have discussed this. And this may be a time for us to see 
if we can do this dinner. It would be my intention to have the 
members of this committee be involved in that. And I would hope 
that you could give me your ideas if you have any question 
about that. I think it would be a wonderful thing to do and I 
think we ought to find somebody in Congress to recognize these 
are the people who really made these significant breakthroughs 
that made our country really great.
    And Jim Watson, for instance, and all of his concepts about 
genes. And I think these people are magnificent people and we 
ought to honor them all at once, if we could do that.
    Senator Dodd. How about any surviving members of Eugene 
O'Neill's family, since he is the only one to get it for 
literature?
    Mr. Hoyer. Is this just limited to those who have gotten 
Nobel Prizes in sciences?
    Senator Dodd. Eugene O'Neill was the only one who ever got 
it for literature.
    Senator Stevens. Anyone, any Nobel laureate who is alive in 
the year 2000 will be honored by that Academy. They are just 
going to come in and have a seminar. I thought, while they are 
here, we ought to have something.
    I want to state that it would be my intention to direct our 
staff to give members committee notice of any request that 
require approval by the joint committee. There are two items 
from the Architect of the Capitol that are in your files today. 
I think that at times people have various ideas about these, 
and I want to make sure that everybody is on notice when we get 
these.
    Mr. Thomas, you and I will both sign them, but I would like 
to find some way to give notice to people on both sides that 
they are available. The ones that are before you now, the first 
request is to waive the 1950 rule of this joint committee which 
prohibits combined statues, so that North Dakota may offer its 
second donation to Statuary Hall. It is a sculpture of 
Sakakawea, with a child on her back.
    The second request would allow Middlebury College, in 
Vermont, to borrow a sculpture from the Capitol art collection 
that is currently in storage. The school will include the 
sculpture in its 1999 exhibit on the career of Horatio 
Greenough, an artist responsible for that.
    I would like to have you indicate if you can--this is a new 
procedure and I do not want to hold anybody up--but if anybody 
has any questions about those, we have the people from the 
Library here to discuss them. If there is no objection to 
those, we will approve that.
    Mr. Thomas.
    Mr. Thomas. Just very briefly. On the statue, I am sure 
most people have noticed the new statue from Colorado, which is 
slightly different in the way in which it is presented. This 
one is again slightly different. One of the things I like to 
point out in the Capitol, in the Rotunda, is that circular 
painting of the history of the United States. And since it is 
degrees and not feet, it is always interesting to note that the 
Kittyhawk flight is bumping into Columbus, and nothing else in 
the 20th century is allowed to be put on there because it is 
just 360 degrees, and they got carried away in the 1790's with 
the paintings.
    I have been approached by members whose States are 
reconsidering the statues they originally sent, since there has 
been a significant period of time and new famous and important 
people from the State may in fact want to be substituted for 
statues they have. I think we have got a legal problem there. 
But I just thought I would mention it so that we can begin to 
do some research on this. Because I do not know why people 
ought not to be able to change the statue that represents their 
State if they so choose.
    Senator Stevens. I had a similar suggestion from a Senator 
who said that the State wanted to reconsider one of their 
people. I should think that would be something we should 
review. As I understand it, the rules are those have to be 
deceased persons that are represented there. Is that correct? 
So we do not have any problem about subsequent tarnishing of 
someone who is in the Hall, but they want to have a next 
generation review, so to speak, of whether or not these people 
are the ones they want.
    I would hope that maybe we could get a sort of 
subcommittee, so people would be willing to undertake that. 
Then we can put it on the agenda for the next meeting.
    Mr. Thomas. I appreciate that.
    Senator Dodd. Mr. Chairman, I do not know if this fits in 
or not, but this is always a delicate subject. But we have a 
tendency--because we are kind to each other--that when members 
leave, we name everything but stalls around here for people who 
were here. I wish somebody would give some thought to the idea 
of having some lapse of time between a member's departure and 
the naming of rooms in the Capitol for them.
    Senator Stevens. That is not our business.
    Senator Dodd. Statues are but rooms are not?
    Senator Stevens. I do not think we are involved in that. As 
a joint committee, we have got the responsibility for the 
statues, but I do not think we have any responsibility for 
either side of the Capitol.
    Mr. Thomas. I thought the gentleman was going to offer like 
they have now below the scoring tables at basketball games, 
where we could rotate and have three or four names. [Laughter.]
    Senator Stevens. Let me tell you that I have instructed the 
staff, as I said, that we want to try to go through the process 
of coordination with some of these things that we are going to 
suggest. And I would hope that we will take some time to go 
over together to the Library some day and really pursue what 
you have done so far and see what we might recommend and how to 
go further to make the Library really the center of the world's 
knowledge--is what it is coming to be. Without any question, it 
has that capability now. And I think a lot of people do not 
appreciate the value of that Library. Many people want to make 
it the national library. It is the congressional library. I 
think we should keep it that way.
    You all know Christine Ciccone. She is the lady who works 
with us on legislative appropriations. She is going to assist 
me on this, since we had such a great allowance as chairman, as 
you know. But I would hope that you would notify Christine of 
what staff will work with you directly, so we can initiate--we 
will follow the procedure of Thomas. We will have electronic 
notification to you of any meetings. And we would seek to clear 
with you any concepts that may become before the two of us for 
approval from the Librarian.
    And I would hope that some time we will take it upon 
ourselves to go over and, as I said, sit down and talk to the 
Librarian and his staff and see what we can do to assist them. 
I think that is our role, really, to assist in the management 
of that and secure the assistance that is necessary.
    I note that past chairmen from this side have all been 
members of the Appropriations Committee. I do not know how that 
happens. The Library seems to have a divining rod to follow 
money.
    Mr. Davis.
    Mr. Davis. Mr. Chairman, I am Jim Davis. It is nice to meet 
you. I am going to have to leave very shortly to speak with the 
President.
    Mr. Thomas. Mr. Chairman, I move these two requests.
    Senator Stevens. Is there any objection?
    [No response.]
    Senator Stevens. Without objection, so ordered.
    Senator Dodd. Do I understand they are placing one?
    Mr. Thomas. This is their second one. This one is with a 
baby.
    Senator Stevens. Thank you very much. I look forward to 
working with you.
    [Whereupon, at 4:10 p.m., the meeting was adjourned.]

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