[Congressional Record Volume 141, Number 27 (Friday, February 10, 1995)]
[House]
[Pages H1608-H1610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


 RULES OF PROCEDURE FOR THE COMMITTEE ON SMALL BUSINESS FOR THE 104TH 
                                CONGRESS

  (Mrs. MEYERS of Kansas asked and was given permission to extend her 
remarks at this point in the Record and to include extraneous matter.)
  Mrs. MEYERS of Kansas. Mr. Speaker, pursuant to rule XI, clause 2(a) 
of the House rules, I am submitting a copy of the rules of the 
Committee on Small Business to be printed in the Record.
       Rules and Procedures of the Committee on Small Business, 
     U.S. House of Representatives, 104th Congress


                         1. general provisions

  The Rules of the House of Representatives, and in particular the 
committee rules enumerated in Rule XI, are the rules of the Committee 
on Small Business to the extent applicable and by this reference are 
incorporated. Each subcommittee of the Committee on Small Business 
(hereinafter referred to as the ``Committee'') is a part of the 
Committee and is subject to the authority and direction of the 
Committee, and to its rules to the extent applicable.


                     2. referral of bills by chair

       Unless retained for consideration by the full Committee, 
     all legislation and other matters referred to the Committee 
     shall be referred by the Chair to the subcommittee of 
     appropriate jurisdiction within two weeks. Where the subject 
     matter of the referral involves the jurisdiction of more than 
     one subcommittee or does not fall within any previously 
     assigned jurisdictions, the Chair shall refer the matter as 
     she may deem advisable. Bills, resolutions and other matters 
     referred to subcommittees may be reassigned by the Chair 
     when, in her judgment, the subcommittee is not able to 
     complete its work or cannot reach agreement thereon.


                           3. date of meeting

       The regular meeting date of the Committee shall be the 
     second Wednesday of every month when the House is in session. 
     Additional meetings may be called by the Chair as she may 
     deem necessary or at the request of a majority of the members 
     of the Committee in accordance with clause 2(c) of Rule XI of 
     the House.
       At least three days' notice of such additional meeting 
     shall be given unless the Chair determines that there is good 
     cause to call the meeting on less notice.
       The determination of the business to be considered at each 
     meeting shall be made by the Chair subject to clause 2(c) of 
     Rule XI of the House.
       A regularly scheduled meeting need not be held if there is 
     no business to be considered or, upon at least three days' 
     notice, it may be set for a different date.
                      4. announcement of hearings

       Unless the Chair, or the Committee by majority vote, 
     determines that there is good cause to begin a hearing at an 
     earlier date, public announcement shall be made of the date, 
     place and subject matter of any hearing to be conducted by 
     the Committee at least one week before the commencement of 
     that hearing.
       [[Page H1609]] 5. meetings and hearings open to the public

       (A) Meetings.--Each meeting for the transaction of 
     business, including the markup of legislation, of the 
     Committee or its subcommittees, shall be open to the public, 
     including to radio, television and still photography 
     coverage, except as provided by clause 3(f)(2) of Rule XI of 
     the House, except when the Committee or subcommittee, in open 
     session and with a majority present, determines by rollcall 
     vote that all or part of the remainder of the meeting on that 
     day shall be closed to the public because disclosure of 
     matters to be considered would endanger national security, 
     would compromise sensitive law enforcement information, or 
     would tend to defame, degrade or incriminate any person or 
     otherwise would violate any law or rule of the House: 
     Provided, however, That no person other than members of the 
     Committee, and such congressional staff and such executive 
     branch representatives as they may authorize, shall be 
     present in any business or markup session which has been 
     closed to the public.
       (B) Hearings.--Each hearing conducted by the Committee or 
     its subcommittees shall be open to the public, including to 
     radio, television and still photography coverage, except when 
     the Committee or subcommittee, in open session and with a 
     majority present, determines by rollcall vote that all or 
     part of the remainder of that hearing on that day shall be 
     closed to the public because disclosure of testimony, 
     evidence or other matters to be considered would endanger the 
     national security or would violate any law or rule of the 
     House: Provided, however, That the Committee or subcommittee 
     may by the same procedure vote to close one subsequent day of 
     hearings. Notwithstanding the requirements of the preceding 
     sentence, a majority of those present, there being in 
     attendance the requisite number required under the rules of 
     the Committee to be present for the purpose of taking 
     testimony, (i) may vote to close the hearing for the sole 
     purpose of discussing whether testimony or evidence to be 
     received would endanger the national security or violate 
     clause 2(k)(5) of Rule XI of the House; or (ii) may vote to 
     close the hearing, as provided in clause 2(k)(5) of Rule XI 
     of the House.
       No member of the House may be excluded from 
     nonparticipatory attendance at any hearing of the Committee 
     or any subcommittee, unless the House of Representatives 
     shall by majority vote authorize the Committee or 
     subcommittee, for purposes of a particular series of hearings 
     on a particular article of legislation or on a particular 
     subject of investigation, to close its hearing to members by 
     the same procedures designated for closing hearings to the 
     public.


                              6. Witnesses

       (A) Statement of witnesses.--Each witness shall file with 
     the Committee, forty-eight hours in advance of his or her 
     appearance, fifty copies of his or her proposed testimony and 
     shall limit the oral presentation at such appearance to a 
     brief summary of his or her views.
       (B) Interrogation of witnesses.--The right to interrogate 
     witnesses before the Committee or any of its subcommittee 
     shall alternate between the majority members and the minority 
     members. In recognizing members to question witnesses, the 
     Chair may take into consideration the ratio of majority and 
     minority members present. Each member shall be limited to 
     five minutes in the interrogation of witnesses until such 
     time as each member of the Committee who so desires has had 
     an opportunity to question each witness.


                              7. Subpoenas

       A subpoena may be authorized and issued by the Chair of the 
     Committee in the conduct of any investigation or series of 
     investigations or activities to require the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers and documents as 
     she deems necessary. The ranking minority member shall be 
     promptly notified of the issuance of such a subpoena.
       Such a subpoena may be authorized and issued by the chair 
     of a subcommittee with the approval of a majority of the 
     members of the subcommittee and the approval of the Chair of 
     the Committee.


                               8. Quorum

       No measure of recommendation shall be reported unless a 
     majority of the Committee was actually present. For purposes 
     of taking testimony or receiving evidence, two members shall 
     constitute a quorum. For all other purposes, one-third of the 
     members shall constitute a quorum.
                      9. amendments during markup

       Any amendment offered by any pending legislation before the 
     Committee must be made available in written form when 
     requested by any member of the Committee. If such amendment 
     is not available in written form when requested, the Chair 
     shall allow an appropriate period for the provision thereof.


                              10. proxies

       No vote by any member of the Committee or any of its 
     subcommittees with respect to any measure or matter may be 
     cast by proxy.


              11. number and jurisdiction of subcommittees

       There will be four subcommittees as follows:
       Government Programs (seven Republicans and five Democrats).
       Procurement, Exports and Business Opportunities (eight 
     Republicans and six Democrats).
       Regulation and Paperwork (eight Republicans and six 
     Democrats).
       Taxation and Finance (eight Republicans and six Democrats).
       During the 104th Congress, the Chair and ranking minority 
     member shall be ex officio members of all subcommittees, 
     without vote, and the full Committee shall conduct oversight 
     of all areas of the Committee's jurisdiction.
       In addition to conducting oversight in the area of their 
     respective jurisdiction, each subcommittee shall have the 
     following jurisdiction:

                          Government programs

       Small Business Act, Small Business Investment Act, and 
     related legislation.
       Federal government programs that are designed to assist 
     business generally.
       Small Business Innovation and Research Program.
       Opportunities for minority and women-owned businesses.
            Procurement, exports and business opportunities

       Participation of small business in Federal procurement.
       Export opportunities.
       General promotion of business opportunities.
       General economic problems.

                        Regulation and paperwork

       Responsibility for, and investigative authority over, the 
     regulatory and paperwork policies of all Federal departments 
     and agencies.
       Regulatory Flexibility Act.
       Paperwork Reduction Act.
       Competition policy generally.

                          Taxation and finance

       Tax policy and its impact on small business.
       Access to capital.
       Finance issues generally.


                          12. COMMITTEE STAFF

       (A) Majority staff.--The employees of the Committee, except 
     those assigned to the minority as provided below, shall be 
     appointed and assigned, and may be removed, by the Chair. 
     Their remuneration shall be fixed by the Chair, and they 
     shall be under the general supervision and direction of the 
     Chair.
       (B) Minority staff.--The employees of the Committee 
     assigned to the minority shall be appointed and assigned, and 
     their remuneration determined, as the ranking minority member 
     of the Committee shall determine.
       (C) Subcommittee staff.--The Chair and ranking minority 
     member of the full Committee shall endeavor to ensure that 
     sufficient staff is made available to each subcommittee to 
     carry out its responsibilities under the Rules of the 
     Committee.


                 13. POWERS AND DUTIES OF SUBCOMMITTEES

       Each subcommittee is authorized to meet, hold hearings, 
     receive evidence, and report to the full Committee on all 
     matters referred to it. Subcommittee chairs shall set meeting 
     and hearing dates after consultation with the Chair of the 
     full Committee. Meetings and hearings of subcommittees shall 
     not be scheduled to occur simultaneously with meetings of the 
     full Committee.


                        14. SUBCOMMITTEE REPORTS

       (A) Investigative hearings.--The report of any subcommittee 
     on a matter which was the topic of a study or investigation 
     shall include a statement concerning the subject of the study 
     or investigation, the findings and conclusions, and 
     recommendations for corrective action, if any, together with 
     such other material as the subcommittee deems appropriate.
       Such proposed report shall first be approved by a majority 
     of the subcommittee members. After such approval has been 
     secured, the proposed report shall be sent to each member of 
     the full Committee for his or her supplemental, minority or 
     additional views.
       Any such views shall be in writing and signed by the member 
     and filed with the clerk of the full Committee within five 
     calendar days (excluding Saturdays, Sundays and legal 
     holidays) from the date of the transmittal of the proposed 
     report to the members. Transmittal of the proposed report to 
     members shall be by hand delivery to the members' offices.
       After the expiration of such five calendar days, the report 
     may be filed as a House report.
       (B) End of Congress.--Each subcommittee shall submit to the 
     full Committee, not later than November 15th of each even-
     numbered year, a report on the activities of the subcommittee 
     during the Congress.
                              15. records

       The Committee shall keep a complete record of all actions 
     which shall include a record of the votes on any question on 
     which a rollcall vote is demanded. The result of each 
     subcommittee rollcall vote, together with a description of 
     the matter voted upon, shall promptly be made available to 
     the full Committee. A record of such votes shall be made 
     available for inspection by the public at reasonable times in 
     the offices of the Committee.
       The Committee shall keep a complete record of all Committee 
     and subcommittee activity which, in the case of any meeting 
     or hearing transcript, shall include a substantially verbatim 
     account of remarks actually 
     [[Page H1610]] made during the proceedings, subject only to 
     technical, grammatical, and typographical corrections 
     authorized by the person making the remarks involved.
       The records of the Committee at the National Archives and 
     Records Administration shall be made available in accordance 
     with Rule XXXVI of the Rules of the House. The Chair of the 
     full Committee shall notify the ranking minority member of 
     the full Committee of any decision, pursuant to clause 
     3(b)(3) or clause 4(b) of Rule XXXVI of the House, to 
     withhold a record otherwise available, and the matter shall 
     be presented to the Committee for a determination on the 
     written request of any member of the Committee.


           16. access to classified or sensitive information

       Access to classified or sensitive information supplied to 
     the Committee and attendance at closed sessions of the 
     Committee or its subcommittees shall be limited to members 
     and necessary Committee staff and stenographic reporters who 
     have appropriate security clearance when the Chair determines 
     that such access or attendance is essential to the 
     functioning of the Committee.
       The procedure to be followed in granting access to those 
     hearings, records, data, charts, and files of the Committee 
     which involve classified information or information deemed to 
     be sensitive shall be as follows:
       (A) Only Members of the House of Representatives and 
     specifically designated Committee staff of the Committee on 
     Small Business may have access to such information.
       (B) Members who desire to read materials that are in the 
     possession of the Committee should notify the clerk of the 
     Committee or the subcommittee possession the materials.
       (C) The clerk will maintain an accurate access log which 
     identifies the circumstances surrounding access to the 
     information, without revealing the material examined.
       (D) If the material desired to be reviewed is material 
     which the Committee or subcommittee deems to be sensitive 
     enough to require special handling, before receiving access 
     to such information, individuals will be required to sign an 
     access information sheet acknowledging such access and that 
     the individual has read and understands the procedures under 
     which access is being granted.
       (E) Material provided for review under this rule shall not 
     be removed from a specified room within the Committee 
     offices.
       (F) Individuals reviewing materials under this rule shall 
     make certain that the materials are returned to the proper 
     custodian.
       (G) No reproductions or recordings may be made of any 
     portion of such material.
       (H) The contents of such information shall not be divulged 
     to any person in any way, form, shape or manner, and shall 
     not be discussed with any person who has not received the 
     information in an authorized manner.
       (I) When not being examined in the manner described herein, 
     such information will be kept in secure safes or locked file 
     cabinets in the Committee offices.
       (J) These procedures only address access to information the 
     Committee or a subcommittee deems to be sensitive enough to 
     require special treatment.
       (K) If a Member of the House of Representatives believes 
     that certain sensitive information should not be restricted 
     as to dissemination or use, the Member may petition the 
     Committee or subcommittee to so rule. With respect to 
     information and materials provided to the Committee by the 
     executive branch, the classification of information and 
     materials as determined by the executive branch shall prevail 
     unless affirmatively changed by the Committee or the 
     subcommittee involved, after consultation with the 
     appropriate executive agencies.
       (L) Other materials in the possession of the Committee are 
     to be handled in accordance with the normal practices and 
     traditions of the Committee.


                          17. other procedures

       The Chair of the full Committee may establish such other 
     procedures and take such actions as may be necessary to carry 
     out the foregoing rules or to facilitate the effective 
     operation of the Committee.
       The Committee may not be committed to any expense whatever 
     without the prior approval of the Chair of the full 
     Committee.


                   18. amendments to committee rules

       The Rules of the Committee may be modified, amended or 
     repealed by a majority vote of the members, at a meeting 
     specifically called for such purpose, but only if written 
     notice of the proposed change has been provided to each such 
     member at least forty-eight hours before the time of the 
     meeting.
     

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