[Congressional Record Volume 153, Number 167 (Wednesday, October 31, 2007)]
[House]
[Pages H12353-H12355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PUBLICATION OF THE RULES OF THE COMMITTEE ON SMALL BUSINESS, 110TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Ms. Velazquez) is recognized for 5 minutes.
  Ms. VELAZQUEZ. Mr. Speaker, in accordance with clause 2(a) of rule XI 
of the Rules of the House of Representatives, I respectfully submit the 
rules of the Committee on Small Business for printing in the 
Congressional Record. The Committee on Small Business adopted these 
rules by voice vote, a quorum being present, at our organizational 
meeting on January 31, 2007.

 Rules and Procedures Adopted by the Committee on Small Business, U.S. 
          House of Representatives, 110th Congress, 2007-2008


                         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 CHAIRWOMAN

       Unless retained for consideration by the committee, all 
     legislation and other matters referred to the committee shall 
     be referred by the Chairwoman to the subcommittee of 
     appropriate jurisdiction within 14 calendar days. 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 Chairwoman shall refer 
     the matter, as she 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 Chairwoman, there is no need for the 
     meeting. Additional meetings may be called by the Chairwoman 
     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 3 days notice of such an additional meeting shall 
     be given unless the Chairwoman 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 Chairwoman 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 Chairwoman, 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 7 calendar days 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 Chairwoman 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.


              5. 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 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

[[Page H12354]]

     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 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, 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.
       All members of the committee shall be able to participate 
     in any subcommittee hearing.
       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. 
     Such members who would like to participate shall notify the 
     Ranking Minority Member and submit a request to the 
     Chairwoman one day in advance of such hearing.


                              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 75 copies of his or her written statement of 
     proposed testimony. Each witness shall also submit to the 
     committee a copy of his or her final prepared statement in an 
     electronic format at that time.
       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 curriculum vitae or other statement 
     describing their education, employment, professional 
     affiliations and other background information pertinent to 
     their testimony unless waived by the Chairwoman. Each witness 
     will complete a disclosure form detailing any contracts or 
     business that they currently have with the federal 
     government.
       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 Chairwoman 
     by a majority of those minority members, to call a witness or 
     witnesses selected by the minority to testify with respect to 
     that measure or matter. The minority shall be entitled to a 
     ratio of one-third of the witnesses testifying. For the 
     purposes of determining this ratio, it shall not include 
     testifying government officials. The witnesses requested by 
     the minority shall be invited to testify by the Chairwoman 
     and must furnish at least one copy of his or her statement 
     and any supplementary materials directly to the Chairwoman 
     within one business day before the day of his or her 
     appearance unless waived by the Chairwoman.
       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 
     Chairwoman for that purpose, and only for a 5-minute period 
     until all members present have had an opportunity to question 
     a witness. The Chairwoman and the Ranking Member shall not be 
     subject to the 5-minute period limitation. For all other 
     Committee Members, 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 Chairwoman, 
     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. The order for questioning by members 
     of each party shall be determined by the time in which the 
     member arrived at the hearing after the gavel has been 
     struck, with the first arriving having priority over members 
     of his or her party. If members arrive at the same time, then 
     seniority shall dictate the order.
       In recognizing members to question witnesses, the 
     Chairwoman 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 Chairwoman, 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 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 deemed 
     necessary. Such a subpoena shall be authorized by a majority 
     vote of the full committee. The requirement that the 
     authorization of a subpoena require a majority vote may be 
     waived by the Ranking Minority Member. The Chairwoman may 
     issue a subpoena, in consultation with the Ranking Minority 
     Member, when the House is out for more than three legislative 
     days.


                               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, there shall be one 
     member from the majority and one member from the minority for 
     the purposes of a quorum. Such requirement shall be waived 
     for field hearings. For all other purposes, one-third of the 
     members (or 11 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 
     Chairwoman shall allow an appropriate period for the 
     provision thereof.


                    10. POSTPONEMENT OF PROCEEDINGS

       The Chairwoman 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 Chairwoman may resume proceedings 
     postponed at any time, but no later than the next meeting 
     day. In exercising postponement authority, the Chairwoman 
     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.


              11. NUMBER AND JURISDICTION OF SUBCOMMITTEES

       There will be five subcommittees as follows: Finance and 
     Tax (6 Democratic Members and 5 Republican Members); 
     Contracting and Technology (6 Democratic Members and 5 
     Republican Members); Regulations, Health Care, and Trade (8 
     Democratic Members and 7 Republican Members) Rural and Urban 
     Entrepreneurship (7 Democratic Members and 6 Republican 
     Members); Investigations and Oversight (4 Democratic Members 
     and 3 Republican Members).
       During the 110th Congress, the Chairwoman 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, all members of the 
     committee may participate in hearings of any subcommittee of 
     the committee. In addition to conducting oversight in the 
     area of their respective jurisdiction, each subcommittee 
     shall have the following jurisdiction:
     Subcommittee on Finance and Tax
       The Small Business Administration (SBA) Lending and 
     Investment programs: Section 7(a) loan program, 504 Certified 
     Development Company program, Small Business Investment 
     Company program, Disaster Loan Assistance programs, and 
     Microloan program; access to capital and finance issues 
     generally; and oversight over tax policy and retirement/
     pension matters affecting small businesses.
     Subcommittee on Contracting and Technology
       SBA Contracting programs including the following: Section 
     8(a) Business Development program, Small Disadvantaged 
     Business SDB certification operated by SBA, Women's 
     Procurement Program, HUBZone program, Surety Bond program, 
     Service-disabled veteran procurement, and Section (7)(j) 
     management and technical assistance program. SBA Technology 
     programs: Small Business Innovation Research (SBIR) program, 
     Small Business Technology Transfer program; oversight of 
     government-wide procurement practices and programs affecting 
     small businesses and oversight of technology and patent 
     issues.
     Subcommittee on Regulations, Health Care, and Trade
       The Regulatory Flexibility Act, the Small Business 
     Regulatory Enforcement Fairness Act, and the Paperwork 
     Reduction Act; SBA's Office of Advocacy, National Ombudsman, 
     and SBA small business size standards; oversight of 
     regulations and regulatory issues that affect small 
     businesses; oversight of health care coverage issues; 
     oversight over issues affecting small health care providers; 
     and oversight of trade issues, including SBA's Office of 
     International Trade.
     Subcommittee on Rural and Urban Entrepreneurship
       SBA entrepreneurial development programs: Women's Business 
     Centers, National Veterans Business Development Corporation, 
     Small Business Development Centers, SCORE, Drug Free 
     Workplace program, Office of Women's Business Ownership, and 
     National Women's Business Council (NWBC).
       New Markets Venture Capital (NMVC) program, New Markets Tax 
     Credit program, BusinessLiNC and the Program for Re-
     Investment in Micro entrepreneurs.

[[Page H12355]]

       General oversight of programs targeted toward urban and 
     rural economic growth as well as general federal government 
     entrepreneurial development programs; oversight of 
     agricultural issues; and oversight of energy issues.
     Subcommittee on Investigations and Oversight
       Oversight of SBA Administration, Management, and Agency 
     Practices.
       Oversight of activities by the Office of the Inspector 
     General at SBA.


                          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 Chairwoman. 
     The Chairwoman shall fix their remuneration, and they shall 
     be under the general supervision and direction of the 
     Chairwoman.
       (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 Chairwoman 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 approval of the Chairwoman 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. 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 Chairwoman 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.


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


                          16. OTHER PROCEDURES

       The Chairwoman 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.


                   17. 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.


                         18. BUDGET AND TRAVEL

       (A) From the amount provided to the Committee in the 
     primary expense resolution adopted by the U.S. House of 
     Representatives for the 110th Congress, the Chairwoman, after 
     consultation with the Ranking Minority Member, shall 
     designate one-third of the budget under the direction of the 
     Ranking Minority Member for the purposes of minority staff, 
     travel expenses of minority staff and members, and minority 
     office expenses.
       (B) The Chairwoman may authorize travel in connection with 
     activities or subject matters under the general jurisdiction 
     of the Committee.
       (C) The Ranking Minority Member may authorize travel for 
     any minority member or minority committee staff member in 
     connection with activities or subject matters under the 
     general jurisdiction of the Committee. Before such travel, 
     there shall be submitted to the Chairwoman in writing the 
     following at least seven calendar days prior: (a) The purpose 
     of the travel; (b) The dates during which the travel is to 
     occur; (c) The names of the States or countries to be visited 
     and the length of time spent in each; and (d) The names of 
     members and staff of the committee participating in such 
     travel.
       At the conclusion of such travel, a summary of the activity 
     and its accomplishments shall be provided to the Chairwoman 
     within ten calendar days.


                         19. COMMITTEE WEBSITE

       The Chairwoman shall maintain an official Committee website 
     for the purpose of furthering the Committee's legislative and 
     oversight responsibilities, including communicating 
     information about the Committee's activities to Committee 
     members and other Members of the House. The Ranking Minority 
     Members may maintain a similar website for the same purpose, 
     including communicating information about the activities of 
     the minority to Committee members and other Members of the 
     House.


                             20. VICE CHAIR

       Pursuant to House Rules, the Chairwoman shall designate a 
     member of the majority party to serve as Vice Chairman of the 
     Committee. The Vice Chairman shall preside at any meeting or 
     hearing during the temporary absence of the Chairwoman. If 
     the Chairwoman and Vice Chairman are not present at any 
     meeting or hearing, the ranking member of the majority who is 
     present shall preside at the meeting or hearing.

                          ____________________