[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Senate]
[Pages S3546-S3548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




RULES OF PROCEDURE OF THE SPECIAL COMMITTEE ON THE YEAR 2000 TECHNOLOGY 
                                PROBLEM

 Mr. BENNETT. Mr. President, Senate Standing Rule XXVI requires 
each committee to adopt rules to govern the procedures of the Committee 
and to publish those rules in the Congressional Record of the first 
year of each Congress. The rules adopted by the Special Committee on 
the Year 2000 Technology Problem to govern the Committee's procedures 
remain in effect and unchanged for the current Congress. Consistent 
with Standing Rule XXVI, today I am submitting for printing in the 
Record a copy of the Rules of the Senate Special Committee on the Year 
2000 Technology Problem.
  The Rules follow:

         SPECIAL COMMITTEE ON THE YEAR 2000 TECHNOLOGY PROBLEM

              (S. Res. 208, 105th Cong., 2nd Sess. (1998))

                           RULES OF PROCEDURE

                        (Adopted March 25, 1999)


                 I. CONVENING OF MEETINGS AND HEARINGS

       1. Meetings.--The Committee shall meet to conduct Committee 
     business at the call of the Chairman.
       2. Special meetings.--The Members of the Committee may call 
     additional meetings as provided in Senate Rule XXVI (3).
       3. Notice and agenda:
       (a) Hearings.--The Committee shall make public announcement 
     of the date, place, and subject matter of any hearing at 
     least 1 week before its commencement.
       (b) Meetings.--The Chairman shall give the Members written 
     notice of any Committee meeting, accompanied by an agenda 
     enumerating the items of business to be considered, at least 
     5 days in advance of such meeting.
       (c) Shortened notice.--A hearing or meeting may be called 
     on not less than 24 hours notice if the Chairman, with the 
     concurrence of the Vice Chairman, determines that there is 
     good cause to begin the hearing or meeting on an expedited 
     basis. An agenda will be furnished prior to such a meeting.
       4. Presiding officer.--The Chairman shall preside when 
     present. If the Chairman is not present at any meeting or 
     hearing, the Ranking Majority Member present shall preside. 
     Any Member of the Committee may preside over the conduct of a 
     hearing.


             II. CLOSED SESSIONS AND CONFIDENTIAL MATERIALS

       1. Procedure.--All meetings and hearings shall be open to 
     the public unless closed pursuant to paragraph 3 of this 
     section. To close a meeting or hearing or portion thereof, a 
     motion shall be made and seconded to go into closed 
     discussion of whether the meeting or hearing will concern the 
     matters enumerated in Rule II.3. Immediately after such 
     discussion, the meeting or hearing may be closed by a vote in 
     open session of a majority of the Members of the Committee 
     present.
       2. Witness request.--Any witness called for a hearing may 
     submit a written request to the Chairman no later than 24 
     hours in advance for his examination to be in closed or open 
     session. The Chairman shall inform the Committee of any such 
     request.
       3. Closed session subjects.--A meeting or hearing or 
     portion thereof may be closed if the matters are consistent 
     with Senate Rule XXVI (5)(b).
       4. Confidential matter.--No record made of a closed 
     session, or material declared confidential by the Chairman 
     and Vice Chairman, or report of the proceedings of a closed 
     session, shall be made public, in whole or in part or by way 
     of summary, unless specifically authorized by the Chairman 
     and Vice Chairman.
       5. Radio, television, and photography.--The Committee may 
     permit the proceedings of hearings which are open to the 
     public to be photographed and broadcast by radio, television, 
     or both, subject to such conditions as the Committee may 
     impose.


                        III. QUORUMS AND VOTING

       1. Reporting.--A majority of voting members shall 
     constitute a quorum for reporting a resolution, 
     recommendation, or report to the Senate.
       2. Committee business.--Three voting members shall 
     constitute a quorum for the conduct of Committee business, 
     other than a final vote on reporting, providing a minority 
     Member is present. One Member shall constitute a quorum for 
     the receipt of evidence, the swearing of witnesses, and the 
     taking of testimony at hearings.
       3. Polling:
       (a) Subjects.--The Committee may poll (1) internal 
     Committee matters including those concerning the Committee's 
     staff, records, and budget; (2) authorizing subpoenas; and 
     (3) other Committee business which has been designated for 
     polling at a meeting.
       (b) Procedure.--The Chairman shall circulate polling sheets 
     to each Member specifying the matter being polled and the 
     time limit for completion of the poll. If any Member so 
     requests in advance of the meeting, the matter shall be held 
     for meeting rather than being polled. The clerk shall keep a 
     record of polls. If the Chairman determines that the polled 
     matter is one of the areas enumerated in Rule II.3, the 
     record of the poll shall be confidential. Any Member may move 
     at the Committee meeting following a poll for a vote on the 
     polled decision.


                             IV. SUBPOENAS

       1. Subpoenas.--Subpoenas may be authorized by the Committee 
     at a meeting of the Committee or pursuant to Rule III.3(a). 
     Subpoenas authorized by the Committee may be issued over the 
     signature of the Chairman after consultation with the Vice 
     Chairman, or any member of the special committee designated 
     by the Chairman after consultation with the Vice Chairman, 
     and may be served by any person designated by the Chairman or 
     the member signing the subpoena.


                              V. HEARINGS

       1. Notice.--Witnesses called before the Committee shall be 
     given, absent extraordinary circumstances, at least 48 hours 
     notice, and

[[Page S3547]]

     all witnesses called shall be furnished with a copy of these 
     rules upon request.
       2. Oath.--All witnesses who testify to matters of fact 
     shall be sworn. The Chairman or any Member may administer the 
     oath.
       3. Statement.--Any witness desiring to make an introductory 
     statement shall file 50 copies of such statement with the 
     clerk of the Committee 24 hours in advance of his appearance, 
     unless the Chairman and Vice Chairman determine that there is 
     good cause for a witness's failure to do so.
       4. Counsel:
       (a) A witness's counsel shall be permitted to be present 
     during his testimony at any public or closed hearing, or 
     staff interview to advise the witness of his rights, 
     provided, however, that in the case of any witness who is an 
     officer or employee of the government, or of a corporation or 
     association, the Chairman may rule that representation by 
     counsel from the government, corporation, or association 
     creates a conflict of interest, and that the witness shall be 
     represented by personal counsel not associated with the 
     government, corporation, or association.
       (b) A witness who is unable for economic reasons to obtain 
     counsel may inform the Committee of this circumstance at 
     least 48 hours prior to his appearance, and the Committee 
     will endeavor to obtain volunteer counsel for the witness. 
     Such counsel shall be subject solely to the control of the 
     witness and not the Committee. Failure to obtain counsel 
     shall not excuse the witness from appearing and testifying.
       5. Transcript.--An accurate electronic or stenographic 
     record shall be kept of the testimony of all witnesses in 
     closed and public hearings. Any witness shall be afforded, 
     upon request, the right to review that portion of such 
     record, and for this purpose, a copy of a witness's testimony 
     in public or closed session shall be provided to the witness. 
     Upon inspecting the transcript, within a time limit set by 
     the committee clerk, a witness may request changes in 
     testimony to correct errors of transcription, grammatical 
     errors, and obvious errors of fact. The Chairman or a 
     designated staff officer shall rule on such requests.
       6. Minority witnesses.--Whenever any hearing is conducted 
     by the Committee, the minority on the Committee shall be 
     entitled, upon request made by a majority of the minority 
     Members to the Chairman, to call witnesses selected by the 
     minority to testify or produce documents with respect to the 
     measure or matter under consideration during at least one day 
     of the hearing. Such request must be made before the 
     completion of the hearing.
       7. Conduct of witnesses, counsel and members of the 
     audience.--If, during public or executive sessions, a 
     witness, his counsel, or any spectator conducts himself in 
     such a manner as to prevent, impede, disrupt, obstruct, or 
     interfere with the orderly administration of such hearing, 
     the Chairman or presiding Member of the Committee present 
     during such hearing may request the Sergeant at Arms of the 
     Senate, his representative, or any law enforcement official 
     to eject said person from the hearing room.


                         VI. AMENDMENT OF RULES

       The rules of the Committee may be amended or revised at any 
     time, by a majority vote of the Committee, provided that no 
     less than 3 days notice of the amendments or revisions 
     proposed was provided to all members of the committee.

                       JURISDICTION AND AUTHORITY

       (a)(1) There is established a Special Committee on the Year 
     2000 Technology Problem (hereafter in this section referred 
     to as the ``Special Committee'') which shall consist of seven 
     voting Members and two non-voting, ex-officio Members. The 
     two non-voting, ex-officio Members shall be the Chairman and 
     the ranking minority Member of the Appropriations Committee. 
     The Members and Chairman of the Special Committee shall be 
     appointed in the same manner and at the same time as the 
     Members and Chairman of a standing committee of the Senate. 
     After the date on which the majority and minority Members of 
     the Special Committee are initially appointed, but not before 
     the effective date of title I of the Committee System 
     Reorganization Amendments of 1977, each time a vacancy occurs 
     in the Membership of the Special Committee, it shall be 
     filled in the same manner as original appointments to it are 
     made.
       (2) For purposes of paragraph 1 of rule XXV; paragraphs 1, 
     7(a)(1)-(2), 9, and 10(a) of rule XXVI; and paragraphs 1 and 
     4 rule XXVII of the Standing Rules of the Senate; and for 
     purposes of section 72a (i) and (j), title 2, USCA, the 
     Special Committee shall be treated as a standing committee of 
     the Senate.
       (b)(1) It shall be the duty of the Special Committee to 
     study the impact of the year 2000 technology problem on the 
     Executive and Judicial Branches of the Federal Government, 
     State governments, and private sector operations in the 
     United States and abroad; to make such findings of fact as 
     are warranted and appropriate; and to make such 
     recommendations, including recommendations for new 
     legislation and amendments to existing laws and any 
     administrative or other actions, as the Special Committee may 
     determine to be necessary or desirable. No proposed 
     legislation shall be referred to the Special Committee, and 
     the Special Committee shall not have the power to report by 
     bill, or otherwise have legislative jurisdiction.
       (2) The Special Committee shall, from time to time, report 
     to the Senate the results of the study conducted pursuant to 
     paragraph (1), together with such recommendations as the 
     Special Committee considers appropriate.
       (c)(1) For the purposes of this section, the Special 
     Committee is authorized, in its discretion; (A) to make 
     expenditures from the contingent fund of the Senate; (B) to 
     employ personnel; (C) to hold hearings on any matter; (D) to 
     sit and act at any time or place during the sessions, 
     recesses, and adjourned periods of the Senate; (E) to 
     require, by subpoena or otherwise, the attendance of 
     witnesses and the production of correspondence, books, 
     papers, and documents; (F) to take depositions and other 
     testimony; (G) to procure the services of individual 
     consultants or organizations thereof, in accordance with the 
     provisions of section 202(i) of the Legislative 
     Reorganization Act of 1946; and (H) with the prior consent of 
     the Government department or agency concerned and the 
     Committee on Rules and Administration, to use on a non-
     reimbursable basis the services of personnel of any such 
     department or agency.
       (2) The Chairman of the Special Committee or any Member 
     thereof may administer oaths to witnesses.
       (3) Subpoenas authorized by the Special Committee may be 
     issued over the signature of the Chairman after consultation 
     with the Vice Chairman, or any Member of the Special 
     Committee designated by the Chairman after consultation with 
     the Vice Chairman, and may be served by any person designated 
     by the Chairman or the Member signing the subpoena.

  EXCERPTS FROM THE STANDING RULES OF THE SENATE RELATING TO STANDING 
                               COMMITTEES


                     RULE XXV--Standing Committees

       1. The following standing committees shall be appointed at 
     the commencement of each Congress, and shall continue and 
     have the power to act until their successors are appointed, 
     with leave to report by bill or otherwise on matters within 
     their respective jurisdictions:

                                 * * *


                     RULE XXVI--Committee Procedure

                                 * * *

       3. Each standing committee (except the Committee on 
     Appropriations) shall fix regular weekly, biweekly, or 
     monthly meeting days for the transaction of business before 
     the committee and additional meetings may be called by the 
     chairman as he may deem necessary. If at least three members 
     of any such committee desire that a special meeting of the 
     committee be called by the chairman, those members may file 
     in the offices of the committee their written request to the 
     chairman for that special meeting. Immediately upon the 
     filing of the request, the clerk of the committee shall 
     notify the chairman of the filing of the request. If, within 
     three calendar days after the filing of the request, the 
     chairman does not call the requested special meeting, to be 
     held within seven calendar days after the filing of the 
     request, a majority of the members of the committee may file 
     in the offices of the committee their written notice that a 
     special meeting of the committee will be held, specifying the 
     date and hour of that special meeting. The committee shall 
     meet on that date and hour. Immediately upon the filing of 
     the notice, the clerk of the committee shall notify all 
     members of the committee that such special meeting will be 
     held and inform them of its date and hour. If the chairman of 
     any such committee is not present at any regular, additional, 
     or special meeting of the committee, the ranking member of 
     the majority party on the committee who is present shall 
     preside at that meeting.

                                 * * *

       5. (a) * * *

                                 * * *

       (b) Each meeting of a committee, or any subcommittee 
     thereof, including meetings to conduct hearings, shall be 
     open to the public, except that a meeting or series of 
     meetings by a committee or a subcommittee thereof on the same 
     subject for a period of no more than fourteen 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 clauses (1) through (6) would require the 
     meeting to be closed, followed immediately by a record vote 
     in open session by a majority of the members of the committee 
     or subcommittee when it is determined that the matters to be 
     discussed or the testimony to be taken at such meeting or 
     meetings--
       (1) 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;
       (2) will relate solely to matters of committee staff 
     personnel or internalstaff management or procedure;
       (3) 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;
       (4) 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;
       (5) will disclose information relating to the trade secrets 
     of financial or commercial information pertaining 
     specifically to a given person if--

[[Page S3548]]

       (A) an Act of Congress requires the information to be kept 
     confidential by Government officers and employees; or
       (B) 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
       (6) may divulge matters required to be kept confidential 
     under otherprovisions of law or Government regulations.

                                 * * *

       7. (a)(1) Except as provided in this paragraph, each 
     committee, and each subcommittee thereof is authorized to fix 
     the number of its members (but not less than onethird of its 
     entire membership) who shall constitute a quorum thereof for 
     the transaction of such business as may be considered by said 
     committee, except that no measure or matter or recommendation 
     shall be reported from any committee unless a majority of the 
     committee were physically present.
       (2) Each such committee, or subcommittee, is authorized to 
     fix a lesser number than onethird of its entire membership 
     who shall constitute a quorum thereof for the purpose of 
     taking sworn testimony.

                                 * * *

       9. (a) Except as provided in subparagraph (b), each 
     committee shall report one authorization resolution each year 
     authorizing the committee to make expenditures out of the 
     contingent fund of the Senate to defray its expenses, 
     including the compensation of members of its staff and agency 
     contributions related to such compensation, during the period 
     beginning on March 1 of such year and ending on the last day 
     of February of the following year. Such annual authorization 
     resolution shall be reported not later than January 31 of 
     each year, except that, whenever the designation of members 
     of standing committees of the Senate occurs during the first 
     session of a Congress at a date later than January 20, such 
     resolution may be reported at any time within thirty days 
     after the date on which the designation of such members is 
     completed. After the annual authorization resolution of a 
     committee for a year has been agreed to, such committee 
     mayprocure authorization to make additional expenditures out 
     of the contingent fund of the Senate during that year only by 
     reporting a supplemental authorization resolution. Each 
     supplemental authorization resolution reportedby a committee 
     shall amend the annual authorization resolution of such 
     committee for that year and shall be accompanied by a report 
     specifying with particularity the purpose for which such 
     authorization is sought and the reason why such authorization 
     could not have been sought at the time of the submission by 
     such committee of its annual authorization resolution for 
     that year.
       (b) In lieu of the procedure provided in subparagraph (a), 
     the Committee on Rules and Administration may--
       (1) direct each committee to report an authorization 
     resolution for a two-year budget period beginning on March 1 
     of the first session of a Congress; and
       (2) report one authorization resolution containing more 
     than one committee authorization resolution for a one-year or 
     two-year budget period.

                                 * * *


                      RULE XXVII--Committee Staff

       1. Staff members appointed to assist minority members of 
     committees pursuant to authority of a resolution described in 
     paragraph 9 of rule XXVI or other Senate resolution shall be 
     accorded equitable treatment with respect to the fixing of 
     salary rates, the assignment of facilities, and the 
     accessibility of committee records.

                                 * * *

       4. No committee shall appoint to its staff any experts or 
     other personnel detailed or assigned from any department or 
     agency of the Government, except with the written permission 
     of the Committee on Rules and Administration.

                                 * * *

                      UNITED STATES CODE ANNOTATED

                         TITLE 2.--THE CONGRESS

                                 * * *

     Sec. 72a. Committee staffs

                                 * * *

       (i) Consultants for Senate and House standing committees; 
     procurement of temporary or intermittent services; contracts; 
     advertisement requirements inapplicable; selection method; 
     qualifications report to Congressional committees
       (1) Each standing committee of the Senate or House of 
     Representatives is authorized, with the approval of the 
     Committee on Rules and Administration in the case of standing 
     committees of the Senate, or the Committee on House Oversight 
     in the case of standing committees of the House of 
     Representatives, within the limits of funds made available 
     from the contingent fund of the Senate or the applicable 
     accounts of the House of Representatives pursuant to 
     resolutions which, in the case of the Senate, shall specify 
     the maximum amounts which may be used for such purpose, 
     approved by the appropriate House, to procure the temporary 
     services (not in excess of one year) or intermittent services 
     of individual consultants, or organizations thereof, to make 
     studies or advise the committee with respect to any matter 
     within its jurisdiction or with respect to the administration 
     of the affairs of the committee.
       (2) Such services in the case of individuals or 
     organizations may be procured by contract as independent 
     contractors, or in the case of individuals by employment at 
     daily rates of compensation not in excess of the per diem 
     equivalent of the highest gross rate of compensation which 
     may be paid to a regular employee of the committee. Such 
     contracts shall not be subject to the provisions of section 5 
     of title 41 or any other provision of law requiring 
     advertising.
       (3) With respect to the standing committees of the Senate, 
     any such consultant or organization shall be selected by the 
     chairman and ranking minority member of the committee, acting 
     jointly. With respect to the standing committees of the House 
     of Representatives, the standing committee concerned shall 
     select any such consultant or organization. The committee 
     shall submit to the Committee on Rules and Administration in 
     the case of standing committees of the Senate, and the 
     Committee on House Oversight in the case of standing 
     committees of the House of Representatives, information 
     bearing on the qualifications of each consultant whose 
     services are procured pursuant to this subsection, including 
     organizations, and such information shall be retained by that 
     committee and shall be made available for public inspection 
     upon request.
       (j) Specialized training for professional staffs of Senate 
     and House standing committees, Senate Appropriations 
     Committee, Senate Majority and Minority Policy Committees, 
     and joint committees whose funding is disbursed by Secretary 
     of Senate or Chief Administrative Officer of House; 
     assistance: pay, tuition, etc. while training; continued 
     employment agreement; service credit: retirement, life 
     insurance and health insurance
       (1) Each standing committee of the Senate or House of 
     Representatives is authorized, with the approval of the 
     Committee on Rules and Administration in the case of standing 
     committees of the Senate, and the committee involved in the 
     case of standing committees of the House of Representatives, 
     and within the limits of funds made available from the 
     contingent fund of the Senate or the applicable accounts of 
     the House of Representatives pursuant to resolutions, which, 
     in the case of the Senate, shall specify the maximum amounts 
     which may be used for such purpose, approved by the 
     appropriate House pursuant to resolutions, which shall 
     specify the maximum amounts which may be used for such 
     purpose, approved by such respective Houses, to provide 
     assistance for members of its professional staff in obtaining 
     specialized training, whenever that committee determines that 
     such training will aid the committee in the discharge of its 
     responsibilities. Any joint committee of the Congress whose 
     expenses are paid out of funds disbursed by the Secretary of 
     the Senate or by the Chief Administrative Officer of the 
     House of Representatives, the Committee on Appropriations of 
     the Senate, and the Majority Policy Committee and Minority 
     Policy Committee of the Senate are each authorized to expend, 
     for the purpose of providing assistance in accordance with 
     paragraphs (2), (3), and (4) of this subsection for members 
     of its staff in obtaining such training, any part of amounts 
     appropriated to that committee.
       (2) Such assistance may be in the form of continuance of 
     pay during periods of training or grants of funds to pay 
     tuition, fees, or such other expenses of training, or both, 
     as may be approved by the Committee on Rules and 
     Administration or the Committee on House Administration, as 
     the case may be.
       (3) A committee providing assistance under this subsection 
     shall obtain from any employee receiving such assistance such 
     agreement with respect to continued employment with the 
     committee as the committee may deem necessary to assure that 
     it will receive the benefits of such employee's services upon 
     completion of his training.
       (4) During any period for which an employee is separated 
     from employment with a committee for the purpose of 
     undergoing training under this subsection, such employee 
     shall be considered to have performed service (in nonpay 
     status) as an employee of the committee at the rate of 
     compensation received immediately prior to commencing such 
     training (including any increases in compensation provided by 
     law during the period of training) for the purposes of--
       (A) subchapter III (relating to civil service retirement) 
     of chapter 83 of title 5,
       (B) chapter 87 (relating to Federal employees group life 
     insurance) of title 5, and
       (C) chapter 89 (relating to Federal employees group health 
     insurance) of title 5.

                          ____________________