[Congressional Record Volume 143, Number 19 (Thursday, February 13, 1997)]
[House]
[Pages H573-H574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 RULES OF PROCEDURE FOR THE COMMITTEE ON SMALL BUSINESS 105TH CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Missouri [Mr. Talent] is recognized for 5 minutes.
  Mr. TALENT. Mr. Speaker, pursuant to the requirement of clause 2(a) 
of rule XI of the Rules of the House of Representatives, I submit 
herewith the rules of the Committee on Small Business for the 105th 
Congress and ask that they be printed in the Record at this point. 
These rules were adopted by the committee on February 13, 1997.

RULES AND PROCEDURES OF THE COMMITTEE ON SMALL BUSINESS, U.S. HOUSE OF 
                    REPRESENTATIVES, 105TH 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 Chairman

       Unless retained for consideration by the full committee, 
     all legislation and other matters referred to the committee 
     shall be referred by the Chairman to the subcommittee of 
     appropriate jurisdiction within 2 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 Chairman shall refer the matter 
     as he may deem advisable.

                           3. Date of Meeting

       The regular meeting date of the committee shall be the 
     second Thursday of every month when the House is in session. 
     A regular meeting of the Committee may be dispensed with if, 
     in the judgment of the Chairman, there is no need for the 
     meeting. Additional meetings may be called by the Chairman as 
     he 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 3 days' notice of such an additional meeting shall 
     be given unless the Chairman 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 Chairman 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 3 days' 
     notice, it may be set for a different date.

                      4. Announcement of Hearings

       Unless the Chairman, with the concurrence of the ranking 
     minority member, 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 1 week before the commencement of that 
     hearing.

               5. Meetings and Hearing Open To the Public


                              (a) meetings

       Each meeting of the committee or its subcommittees for the 
     transaction of business, including the markup of legislation, 
     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 meeting 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 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 the meeting 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, would compromise sensitive law enforcement 
     information, or would violate any law or rule of the House: 
     Provided, however, That the committee or subcommittee may be 
     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, would 
     compromise sensitive law enforcement information, 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 for 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, 48 hours in 
     advance of his or her appearance, 50 copies of his or her 
     written statement of proposed testimony, and shall limit the 
     oral presentation at such appearance to a brief summary of 
     his or her views.
       The committee will provide public access to its printed 
     materials, including the proposed testimony of witnesses, in 
     electronic form.


                     (b) interrogation of witnesses

       The right to interrogate witnesses before the committee or 
     any of its subcommittees shall alternate between the majority 
     members and the minority members. In recognizing members to 
     question witnesses, the Chairman may take into consideration 
     the ratio of majority and minority members present.

                              7. Subpoenas

       A subpoena may be authorized and issued by the Chairman of 
     the committee in the conduct of any investigation or series 
     of investigations or activities to require the attendance and 
     testimony of such witness and the production of such books, 
     records, correspondence, memoranda, papers and documents as 
     he 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 
     chairman of a subcommittee with the approval of a majority of 
     the members of the subcommittee and the approval of the 
     Chairman of the committee.

                               8. Quorum

       No measure or 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 to 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 Chairman 
     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:
       Empowerment (six Republicans and five Democrats).
       Government Programs and Oversight (six Republicans and five 
     Democrats).
       Regulatory Reform and Paperwork Reduction (six Republicans 
     and five Democrats).
       Tax, Finance and Exports (six Republicans and five 
     Democrats).
       During the 105th Congress, the Chairman and ranking 
     minority member shall be ex officio members of all 
     subcommittees, without vote, and the full committee shall 
     have the authority to 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:

                              Empowerment

       Promotion of business growth and opportunities in 
     economically depressed areas.
       Oversight and investigative authority over regulations and 
     licensing policies that impact small businesses located in 
     high risk communities.
       General oversight of programs targeted toward urban relief.
       General promotion of business opportunities.

                   Government Programs and Oversight

       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.
       Participation of small business in Federal procurement and 
     Government contracts.

[[Page H574]]

       Opportunities for minority and women-owned businesses, 
     including the SBA's 8(a) program.
       Oversight and investigative authority generally.

               Regulatory Reform and Paperwork Reduction

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

                        Tax, Finance and Exports

       Tax policy and its impact on small business.
       Access to capital and finance issues generally.
       Export opportunities and promotion.

                          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 Chairman. Their 
     remuneration shall be fixed by the Chairman, and they shall 
     be under the general supervision and direction of the 
     Chairman.


                           (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 Chairman 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 chairmen shall set 
     meeting and hearing dates after consultation with the 
     Chairman of the full committee. Meetings and hearings of 
     subcommittees shall not be scheduled to occur simultaneously 
     with meetings or hearings 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 reports 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 5 
     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 5 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 15 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 of 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 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 Chairman 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 of 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 Chairman 
     determines that such access or attendance is essential to the 
     functioning of the committee.
       The procedures 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 possessing 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 materials.
       (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 Chairman 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 Chairman of the full 
     committee.

                   18. Amendments To Committee Rules

       The rules of the committee may be modified, amended or 
     repealed by a majority 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 3 days before the time of the meeting.

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