[Congressional Record Volume 151, Number 10 (Thursday, February 3, 2005)]
[Senate]
[Pages S972-S973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  RULES OF PROCEDURE--COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP

  Ms. SNOWE. Mr. President, on January 26, 2005, the Senate Committee 
on Small Business and Entrepreneurship unanimously adopted its rules 
for the 109th Congress. Pursuant to rule XXVI of the Standing Rules of 
the Senate, I submit those rules to be printed in the Record.
  Consistent with Standing Rule XXVI, I ask unanimous consent to have a 
copy of the Senate Committee on Small Business and Entrepreneurship's 
rules printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Rules, the Committee on Small Business and Entrepreneurship, 109th 
                 Congress; Adopted on January 26, 2005


                               1. GENERAL

       All applicable provisions of the Standing Rules of the 
     Senate, the Senate Resolutions, and the Legislative 
     Reorganization Acts of 1946 and of 1970 (as amended) shall 
     govern the Committee.


                         2. MEETING AND QUORUMS

       (a) The regular meeting day of the Committee shall be the 
     first Wednesday of each month unless otherwise directed by 
     the Chairman. All other meetings may be called by the 
     Chairman as he or she deems necessary, on 5 business days 
     notice where practicable. If at least three Members of the 
     Committee desire the Chairman to call a special meeting, they 
     may file in the office of the Committee a written request 
     therefor, addressed to the Chairman. Immediately thereafter, 
     the Clerk of the Committee shall notify the Chairman of such 
     request. If, within 3 calendar days after the filing of such 
     request, the Chairman fails to call the requested special 
     meeting, which is to be held within 7 calendar days after the 
     filing of such request, a majority of the Committee Members 
     may file in the Office of the Committee their written notice 
     that a special Committee meeting will be held, specifying the 
     date, hour and place thereof, and the Committee shall meet at 
     that time and place. Immediately upon the filing of such 
     notice, the Clerk of the Committee shall notify all Committee 
     Members that such special meeting will be held and inform 
     them of its date, hour and place. If the Chairman is not 
     present at any regular, additional or special meeting, such 
     member of the Committee as the Chairman shall designate shall 
     preside.
       (b)(l) A majority of the Members of the Committee shall 
     constitute a quorum for reporting any legislative measure or 
     nomination.
       (2) One-third of the Members of the Committee shall 
     constitute a quorum for the transaction of routine business, 
     provided that one Minority Member is present. The term 
     ``routine business'' includes, but is not limited to, the 
     consideration of legislation pending before the Committee and 
     any amendments thereto, and voting on such amendments. 132 
     Congressional Record Sec. 3231 (daily edition March 21, 
     1986).
       (3) In hearings, whether in public or closed session a 
     quorum for the asking of testimony, including sworn 
     testimony, shall consist of one Member of the Committee.
       (c) Proxies will be permitted in voting upon the business 
     of the Committee by Members who are unable to be present. To 
     be valid, proxies must be signed and assign the right to vote 
     on the date of the meeting to one of the Members who will be 
     present. Proxies shall in no case be counted for establishing 
     a quorum.
       (d) It shall not be in order for the Committee to consider 
     any amendment in the first degree proposed to any measure 
     under consideration by the Committee unless thirty written 
     copies of such amendment have been delivered to the Clerk of 
     the Committee at least 2 business days prior to the meeting. 
     This subsection may be waived by the agreement of the 
     Chairman and Ranking Member or by a majority vote of the 
     members of the Committee.


                             3. NOMINATIONS

       In considering a nomination, the Committee shall conduct an 
     investigation or review of the nominee's experience, 
     qualifications, suitability, and integrity to serve in the 
     position to which he or she has been nominated. In any 
     hearings on the nomination, the nominee shall be called to 
     testify under oath on all matters relating to his or her 
     nomination for office. To aid in such investigation or 
     review, each nominee may be required to submit a sworn 
     detailed statement including biographical, financial, policy, 
     and other information which the Committee may request. The 
     Committee may specify which items in such statement are to be 
     received on a confidential basis.


         4. HEARINGS, DEPOSITIONS, SUBPOENAS, AND LEGAL COUNSEL

       (a)(1) The Chairman of the Committee may initiate a hearing 
     of the Committee on his or her authority or upon his or her 
     approval of a request by any Member of the Committee. If such 
     request is by the Ranking Member, a decision shall be 
     communicated to the Ranking Member within 7 business days. 
     Written notice of all hearings, including the title, a 
     description of the hearing, and a tentative witness list 
     shall be given at least 5 business days in advance, where 
     practicable, to all Members of the Committee.
       (2) Hearings of the Committee shall not be scheduled 
     outside the District of Columbia unless specifically 
     authorized by the Chairman and the Ranking Minority Member or 
     by consent of a majority of the Committee. Such consent may 
     be given informally, without a meeting, but must be in 
     writing.
       (b)(1) Any Member of the Committee shall be empowered to 
     administer the oath to any witness testifying as to fact if a 
     quorum be present as specified in Rule 2(b).
       (2) The Chairman and Ranking Member shall be empowered to 
     call an equal number of witnesses to a Committee hearing. 
     Such number shall exclude an Administration witness unless 
     such witness would be sole hearing witness, in which case the 
     Ranking Member shall be entitled to invite one witness. The 
     preceding two sentences shall not apply when a witness 
     appears as the nominee. Interrogation of witnesses at 
     hearings shall be conducted on behalf of the Committee by 
     Members of the Committee or such Committee staff as is 
     authorized by the Chairman or Ranking Minority Member.
       (3) Witnesses appearing before the Committee shall file 
     with the Clerk of the Committee a written statement of the 
     prepared testimony at least 2 business days in advance of the 
     hearing at which the witness is to appear unless this 
     requirement is waived by the Chairman and the Ranking 
     Minority Member.
       (c) Any Committee Member or staff may take depositions upon 
     written authorization by the Chairman. The Ranking Member 
     shall be notified of the deposition five business days in 
     advance or as soon as practicable. Attendance at depositions 
     may be secured through notices for the taking of depositions 
     authorized and be issued by the Chairman or through 
     subpoenas. Notices shall specify a time and place for 
     examination, and the name of the Committee Member or staff 
     who will take the deposition. Unless otherwise specified, the 
     deposition shall be in private. Witnesses shall be examined 
     upon oath administered by a Committee Member or an individual 
     authorized to administer oaths by local law. The transcript 
     of a deposition shall be filed with the Committee and made 
     available for review to Committee Members and staff.
       (d) Any witness summoned to a public or closed hearing or a 
     deposition may be accompanied by counsel of his own choosing, 
     who shall be permitted while witness is testifying to advise 
     him of his legal rights. Failure to obtain counsel will not 
     excuse the witness from appearing and testifying.
       (e) Subpoenas for the attendance of witnesses or the 
     production of memoranda, documents, records, and other 
     materials may be issued by the Chairman with the consent of 
     the Ranking Minority Member or by the consent of a majority 
     of the Members of the Committee. Such consent may be given 
     informally, without a meeting, but must be in writing. The 
     Chairman may subpoena attendance or production without the 
     consent of the Ranking Minority Member when the Chairman has 
     not received notification from the Ranking Minority Member of 
     disapproval of the subpoena within 72 hours of being notified 
     of the intended subpoena, excluding Saturdays, Sundays, and 
     holidays. Subpoenas shall be issued by the Chairman or by the 
     Member of the Committee designated by him or her. A subpoena 
     for the attendance of a witness shall state briefly the 
     purpose of the hearing or the deposition and the matter or 
     matters to which the witness is expected to testify. A 
     subpoena for the production of memoranda, documents, records, 
     and other materials shall identify the papers or materials 
     required to be produced with as much particularity as is 
     practicable.
       (f) The Chairman shall rule on any objections or assertions 
     of privilege as to testimony or evidence in response to 
     subpoenas or questions of Committee Members and staff in 
     hearings and depositions.


                      5. CONFIDENTIAL INFORMATION

       (a) No confidential testimony taken by, or confidential 
     material presented to, the Committee in executive session, or 
     any report of the proceedings of a closed hearing, or 
     confidential testimony or material submitted pursuant to a 
     subpoena, shall be made public, either in whole or in part or 
     by way of summary, unless authorized by a majority of the 
     Members. Other confidential material or testimony submitted 
     to the Committee may be disclosed if authorized by the 
     Chairman with the consent of the Ranking Member.
       (b) Persons asserting confidentiality of documents or 
     materials submitted to the Committee offices shall clearly 
     designate them as such on their face. Designation of 
     submissions as confidential does not prevent their use in 
     furtherance of Committee business.


                       6. MEDIA AND BROADCASTING.

       (a) At the discretion of the Chairman, public meetings of 
     the Committee may be televised, broadcasted, or recorded in 
     whole or in part by a member of the Senate Press Gallery or 
     an employee of the Senate. Any such person wishing to 
     televise, broadcast, or record a Committee meeting must 
     request approval of the Chairman by submitting a

[[Page S973]]

     written request to the Committee Office by 5:00 p.m. the day 
     before the meeting. Notice of televised or broadcasted 
     hearings shall be provided to the Ranking Minority Member as 
     soon as practicable.
       (b) During public meetings of the Committee, any person 
     using a camera, microphone, or other electronic equipment may 
     not position or use the equipment in a way that interferes 
     with the seating, vision, or hearing of Committee members or 
     staff on the dais, or with the orderly process of the 
     meeting.


                            7. SUBCOMMITTEES

       The Committee shall not have standing subcommittees.


                         8. AMENDMENT OF RULES

       The foregoing rules may be added to, modified or amended; 
     provided, however, that not less than a majority of the 
     entire Membership so determined at a regular meeting with due 
     notice, or at a meeting specifically called for that purpose.

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