[Congressional Record Volume 149, Number 91 (Thursday, June 19, 2003)]
[House]
[Pages H5651-H5654]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PUBLICATION OF THE RULES OF THE COMMITTEE ON SMALL BUSINESS, 108TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Manzullo) is recognized for 5 minutes.
  Mr. MANZULLO. Mr. Speaker, enclosed are Committee on Small Business 
Rules for the 108th Congress for submission to the Congressional Record 
in accordance with clause 2(a)(2) of rule XI.

        Rules and Procedures of the Committee on Small Business

             U.S. House of Representatives, 108th 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 on 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.
       After announcement of a hearing, the committee shall make 
     available as soon as practicable to all Members of the 
     Committee a tentative witness list and to the extent 
     practicable a memorandum explaining the subject matter of the 
     hearing (including relevant legislative reports and other 
     necessary material). In addition, the Chairman shall make 
     available as soon as practicable to the Members of the 
     Committee any official reports from departments and agencies 
     on the subject matter as they are received.


                Meetings and Hearings 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 
     4 of rule XI of the House, except when the committee or 
     subcommittee, in open session and with a majority present, 
     determines by record 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

[[Page H5652]]

     public, including radio, television and still photography 
     coverage, except when the committee or subcommittee, in open 
     session and with a majority present, determines by record 
     vote that all or part of the remainder of the 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, 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 from non-
     participatory 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 who is to appear before the committee or 
     subcommittee shall file with the committee at least two 
     business days before the day of his or her appearance, 100 
     copies of his or her written statement of proposed testimony. 
     At least one copy of the statement of each witness shall be 
     furnished directly to the ranking minority member. In 
     addition, all witnesses shall be required to submit with 
     their testimony a resume or other statement describing their 
     education, employment, professional affiliations and other 
     background information pertinent to their testimony unless 
     waived by the Chairman.
       Each witness shall also submit to the committee a copy of 
     his or her final prepared statement in an electronic format 
     no later than the day of the hearing unless waived by the 
     Chairman.
       The committee will provide public access to its printed 
     materials, including the proposed testimony of witnesses, in 
     electronic form.
     (B) Interrogation of Witnesses
       Whenever any hearing is conducted by the committee or any 
     subcommittee upon any measure or matter, the minority party 
     members on the committee shall be entitled, upon request to 
     the Chairman by a majority of those minority members, to call 
     one witness selected by the minority to testify with respect 
     to that measure or matter. The witness requested by the 
     minority shall furnish at least one copy of his or her 
     statement and any supplementary materials directly to the 
     Chairman within two business days before the day of his or 
     her appearance unless waived by the Chairman.
       Except when the committee adopts a motion pursuant to 
     subdivisions (B) and (C) of clause 2(j)(2) of rule XI of the 
     rules of the House, committee members may question witnesses 
     only when they have been recognized by the Chairman for that 
     purpose, and only for a 5-minute period until all members 
     present have had an opportunity to question a witness. The 5-
     minute period for questioning a witness by any one member can 
     be extended only with the unanimous consent of all members 
     present. The Chairman, followed by the ranking minority 
     member and all other members alternating between the majority 
     and minority, shall initiate the questioning of witnesses in 
     both the full and subcommittee hearings.
       In recognizing members to question witnesses, the Chairman 
     may take into consideration the ratio of majority and 
     minority members present in such a manner as not to 
     disadvantage the Members of either party. The Chairman, in 
     consultation with the ranking minority member, may decrease 
     the 5-minute time period in order to accommodate the needs of 
     all the Members present and the schedule of the witnesses.


                              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 (or 12 Members) shall constitute a quorum.


                      9. amendments during mark-up

       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. postponement of proceedings

       The Chairman in consultation with the Ranking Minority 
     Member may postpone further proceedings when a record vote is 
     ordered on the question of approving any measure or matter or 
     adopting an amendment. The Chairman may resume proceedings on 
     a postponed request at any time. In exercising postponement 
     authority, the Chairman shall take all reasonable steps 
     necessary to notify members on the resumption of proceedings 
     on any postponed recorded vote. When proceedings resume on a 
     postponed question, notwithstanding any intervening order for 
     the previous question, an underlying proposition shall remain 
     subject to further debate or amendment to the same extent as 
     when the question was postponed.


              12. number and jurisdiction of subcommittees

       There will be four subcommittees as follows:
       Workforce, Empowerment and Government Programs (seven 
     Republicans and six Democrats)
       Regulatory Reform and Oversight (seven Republicans and six 
     Democrats)
       Rural Enterprises, Agriculture and Technology (six 
     Republicans and five Democrats)
       Tax, Finance and Exports (eight Republicans and seven 
     Democrats)
       During the 108th Congress, the Chairman and ranking 
     minority members 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:


             workforce, empowerment and government programs

       Oversight and investigative authority over problems faced 
     by small businesses in attracting and retaining a high 
     quality workforce, including but not limited to wages and 
     benefits such as health care.
       Promotion of business growth and opportunities in 
     economically depressed areas.
       Oversight and investigative authority over regulations and 
     other government policies that impact small businesses 
     located in high risk communities.
       Opportunities for minority, women, veteran and disabled-
     owned small businesses, including the SBA's 8(a) program.
       General oversight of programs targeted toward urban relief.
       Small Business Act, Small Business Investment Act, and 
     related legislation.
       Federal Government programs that are designed to assist 
     small business generally.
       Participation of small business in Federal procurement and 
     Government contracts.


                    regulatory reform and oversight

       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.
       Oversight and investigative authority generally, including 
     novel issues of special concern to small business.


             rural enterprises, agriculture and technology

       Promotion of business growth and opportunities in rural 
     areas.
       Oversight and investigative authority over agricultural 
     issues that impact small businesses.
       General oversight of programs targeted toward farm relief.
       Oversight and investigative authority for small business 
     technology issues.


                        tax, finance and exports

       Tax policy and its impact on small business.
       Access to capital and finance issues generally.
       Export opportunities and oversight over Federal trade 
     policy and promotion programs.


                          13. 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. The Chairman 
     shall fix their remuneration, 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

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     ensure that sufficient staff is made available to each 
     subcommittee to carry out its responsibilities under the 
     rules of the committee.


                 14. 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 chairman 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.


                        15. 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.


                              16. 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 record vote is demanded. The result of each 
     subcommittee record 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 VII 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 VII 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.


           17. 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.
       (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.
       (1) Other materials in the possession of the committee are 
     to be handled in accordance with the normal practices and 
     traditions of the committee.


                          18. 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.


                   19. 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.
                                  ____

         Congress of the United States, House of Representatives, 
           Committee on Small Business, Rayburn House Office 
           Building, Washington, DC.
     TO: Members, Committee on Small Business
     FR: Donald A. Manzullo, Chairman
     RE: Policy Regarding the Postponement of Record Votes 
         Pursuant to Rule 11 of the Rules of the Committee on 
         Small Business for the 108th Congress.
     DT: February 26, 2003
       As you are aware, the Committee plans to adopt a rule 
     authorizing the Chair to postpone record votes on approving a 
     measure or matter, or agreeing to an amendment. The purpose 
     of this memorandum is to formally announce the Chair's policy 
     regarding the application of this rule.
     In General
       The Chairman has consulted with the ranking minority member 
     in the formulation of this policy and will continue to 
     consult with her regarding its application.
       As will be announced at the Committee's organizational 
     meeting, the purpose of this rule is to improve the 
     efficiency of the Committee's meetings, and will not be used 
     to advantage or disadvantage any member seeking to offer an 
     amendment. In order to ensure that the Chair can effectively 
     administer the rule and provide for orderly markups, it is 
     essential that Members inform the Chair of their intention to 
     offer a particular amendment as soon as possible. The Chair 
     cannot protect Members if he does not know of their 
     amendment.
       Members are further advised that the Chair intends for this 
     rule to be used sparingly, in cases where the Committee faces 
     a long markup on a series of bills or amendments. It does not 
     substitute for the active attendance and participation of 
     Members in committee meetings.
     In Particular
       1. In the application of the rule, the Chair will consult 
     regularly with the ranking minority member regarding the 
     postponement of votes, including the decision on whether to 
     postpone a particular vote and on when proceedings will 
     resume.
       2. Continuing the historical precedent of the Committee, 
     the Chair expects that bills subject to mark-up will be 
     considered as read and open to amendment at any point and 
     will make every reasonable effort not to prejudice Members 
     from offering amendments.
       3. The Chair will make every reasonable effort to group the 
     consideration of amendments and the resumption of proceedings 
     on postponed votes on the same calendar day so as to permit 
     the offering of all known amendments.
       4. When proceedings resume on postponed record votes, the 
     first vote in any series (or in the case of a single 
     postponed vote, that vote), will remain open for 15 minutes, 
     or until all members of the Committee or subcommittee are 
     recorded. Subsequent votes in a series will not be held open.
       5. The Chair will make every reasonable effort to notify 
     members regarding the resumption of proceedings on postponed 
     record votes, both prior to and at the time that proceedings 
     resume on any postponed record vote, which includes 
     notification through electronic means.
       6. Members are strongly encouraged to attend all committee 
     meetings. However, if members cannot attend the Committee

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      meeting, they are advised to monitor the proceedings through 
     the Committee's audio webcast and to have staff present at 
     the meeting.
       The Chair believes that this policy will result in the fair 
     application of the rule, the protection of Members' rights to 
     offer amendments, and an improvement in the efficiency of 
     Committee meetings.
       If any member has a question regarding the application of 
     this policy, they may either contact the Chair, or the 
     Committee's Policy Director, Mr. Phil Eskeland, at extension 
     5-5821.

                          ____________________