[Congressional Record Volume 155, Number 30 (Friday, February 13, 2009)]
[Senate]
[Pages S2313-S2315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP RULES OF PROCEDURE

  Ms. LANDRIEU. Mr. President, Senate Standing Rule XXVI requires each 
committee to adopt rules to govern the procedures of the committee and 
to publish those rules in the Congressional Record not later than March 
1 of the first year of each Congress. Today, February 12, 2009, the 
Committee on Small Business and Entrepreneurship held a business 
meeting during which the members of the committee unanimously adopted 
rules to govern the procedures of the committee. Consistent with 
Standing Rule XXVI, I am submitting for printing in the Congressional 
Record a copy of the rules of the Senate Committee on Small Business 
and Entrepreneurship for the 111th Congress.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

RULES FOR THE COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP --111TH 
                                CONGRESS


                                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.


                                MEETINGS

       (a) The regular meeting day of the Committee shall be the 
     first Wednesday of each month unless otherwise directed by 
     the Chair. All other meetings may be called by the Chair as 
     he or she deems necessary, on 5 business days notice where 
     practicable. If at least three Members of the Committee 
     desire the Chair to call a special meeting, they may file in 
     the office of the Committee a written request therefore, 
     addressed to the Chair. Immediately thereafter, the Clerk of 
     the Committee shall notify the Chair of such request. If, 
     within 3 calendar days after the filing of such request, the 
     Chair 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 Chair is not present at any regular, 
     additional or special meeting, such member of the Committee 
     as the Chair shall designate shall preside.
       (b) It shall not be in order for the Committee to consider 
     any amendment in the

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     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 agreement of the Chair and Ranking Member or by a 
     majority vote of the members of the Committee.


                                QUORUMS

       (a) (1) 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, and 
     steps in an investigation including, but not limited to, 
     authorizing the issuance of a subpoena.
       (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.
       (b) Proxies will be permitted in voting upon the business 
     of the Committee. A Member who is unable to attend a business 
     meeting may submit a proxy vote on any matter, in writing, or 
     through oral or written personal instructions to a Member of 
     the Committee or staff. Proxies shall in no case be counted 
     for establishing a quorum.


                              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.


                  HEARINGS, SUBPOENAS, & LEGAL COUNSEL

       (a) (1) The Chair 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 Chair 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.
       (2) The Chair and Ranking Member shall be empowered to call 
     an equal number of witnesses to a Committee hearing. Such 
     number shall exclude any Administration witness unless such 
     witness would be the 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 Chair 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 two business days in advance of 
     the hearing at which the witness is to appear unless this 
     requirement is waived by the Chair and the Ranking Minority 
     Member.
       (c) Any witness summoned to a public or closed hearing may 
     be accompanied by counsel of his or her own choosing, who 
     shall be permitted while the witness is testifying to advise 
     the witness of his or her legal rights. Failure to obtain 
     counsel will not excuse the witness from appearing and 
     testifying.
       (d) Subpoenas for the attendance of witnesses or the 
     production of memoranda, documents, records, and other 
     materials may be authorized by the Chair 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 
     Chair may subpoena attendance or production without the 
     consent of the Ranking Minority Member when the Chair 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 Chair 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 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.
       (e) The Chair 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.


                        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 Chair 
     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.


                          MEDIA & BROADCASTING

       (a) At the discretion of the Chair, 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 Chair by submitting a written request to the 
     Committee Office by 5 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.


                             SUBCOMMITTEES

       The Committee shall not have standing subcommittees.


                           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.

  Mr. DODD. Mr. President, I rise today to honor and celebrate the 
100th anniversary of the National Association of the Advancement of 
Colored People--the NAACP--and thank my colleagues for unanimously 
adopting H. Con. Res. 35, introduced by my friend, Congressman Al 
Green, of Texas. I was honored to introduce companion legislation in 
the Senate.
  Yesterday we were reminded once again of the historic nature of the 
work the NAACP has done over the last century as our Nation's first 
African-American President came to the United States Capitol to pay 
tribute to President Abraham Lincoln on his 200th birthday.
  When we reflect on how far we have come in this country, we must 
acknowledge the crucial role the NAACP has played in making so many of 
those steps possible.
  Founded on February 12, 1909, in New York City by a small multiracial 
group of activists that included Ida Wells-Barnett and W. E. B. Dubois, 
the NAACP spent decades working to eliminate discrimination in schools 
and throughout our society at the grassroots. Nearly a half century 
later, it would make itself known to the world with one of our Nation's 
greatest legal victories, the Supreme Court case Brown v. Board of 
Education.
  In 1955, the Secretary of the NAACP's Montgomery, AL, branch suffered 
humiliation and unwarranted arrest for refusing to give up her front 
seat on a segregated bus in Montgomery, AL. Rosa Parks' simple yet 
powerful action would ignite the largest civil rights grassroots 
movement in the history of this country, reminding us once again of the 
difference that even one American can make to change the course of 
history.
  The NAACP also played an essential role in ensuring the passage of 
the Civil Rights Acts of 1957, 1960, and 1964.
  Though the right to vote was declared to be a basic human right under 
the U.S. Constitution, persons of color, especially African Americans, 
were historically--and shamefully--denied this fundamental right. The 
NAACP played a substantial role pushing for the passage of the Voting 
Rights Act of 1965, partnering with the likes of Cesar Chavez.

  While the NAACP's political work is extraordinary, its community 
service efforts deserve recognition as well. In

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2005, it created the Disaster Relief Fund to provide assistance for 
Hurricane Katrina victims in Louisiana, Texas, Mississippi, Florida, 
and Alabama at a time when they needed it most.
  As President Obama said, ``A nation cannot prosper long when it 
favors only the prosperous.'' The NAACP has reminded us of those words 
for a century.
  For all this achievement symbolizes to Americans and the world, the 
NAACP still recognizes the importance of remaining vigilant in our 
fight for equality, never allowing the past to be forgotten. I am 
honored that it has supported the passage of the Emmett Till Unsolved 
Civil Rights Crime Act that I introduced last Congress, in 
commemoration of the unspeakably brutal and unjustified murder of an 
African-American youth, ensuring that criminals of the unsolved hate 
crimes of the civil rights struggle are brought to justice and that its 
victims can finally find peace. And I am pleased that this legislation 
has become law.
  Much progress has been made in the lives of persons of color because 
of the NAACP and its tireless, life-risking, and never-ending work.
  As Thurgood Marshall, who a dozen years after arguing Brown v. the 
Board of Education before the Supreme Court would become the first 
African American to serve on our nation's highest court, said:

       In recognizing the humanity of our fellow beings, we pay 
     ourselves the highest tribute.

  Today, the U.S. Senate and House of Representatives return that 
tribute to the NAACP and everyone who has been associated with its 
achievements and advocacy for this last century.
  May its work to ensure equality for all American citizens continue as 
each of us in this institution and across our country commit to 
diminishing its necessity.

                          ____________________