[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S850-S852]
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, the Committee on Small Business and
Entrepreneurship today adopted rules
[[Page S851]]
governing its procedures for the 112th Congress. Pursuant to Rule XXVI,
paragraph 2, of the Standing Rules of the Senate, I ask unanimous
consent to have printed in the Record the rules adopted by the
Committee on Small Business and Entrepreneurship.
There being no objection, the material was ordered to be printed in
the Record, as follows:
ADOPTED RULES FOR THE U.S. SENATE COMMITTEE ON SMALL BUSINESS AND
ENTREPRENEURSHIP
Jurisdiction (Established in the Senate Standing Rules)
Per Rule XXV(1) of the Standing Rules of the Senate:
(o)(1) Committee on Small Business and Entrepreneurship to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating to
the Small Business Administration;
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
chairman of any standing committee having jurisdiction over
the subject matter extraneous to the functions of the Small
Business Administration, be considered and reported by such
standing committee prior to its consideration by the Senate;
and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the
request of the Chair of the Committee on Small Business and
Entrepreneurship, be referred to the Committee on Small
Business and Entrepreneurship for its consideration of any
portion of the measure dealing with the Small Business
Administration and be reported by this committee prior to its
consideration by the Senate.
(3) Such committee shall also study and survey by means of
research and investigation all problems of American small
business enterprises, and report thereon from time to time.
General Section
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 Thursday 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 therefor,
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 or hearing, such member of the
Committee as the Chair shall designate shall preside. For any
meeting or hearing of the Committee, the Ranking Member may
delegate to any Minority Member the authority to serve as
Ranking Member, and that Minority Member shall be afforded
all the rights and responsibilities of the Ranking Member for
the duration of that meeting or hearing. Notice of any
designation shall be provided to the Chief Clerk as early as
practicable.
(b) 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 an electronic
copy of such amendment has been delivered to the Clerk of the
Committee at least 2 business days prior to the meeting.
Following receipt of all amendments, the Clerk shall
disseminate the amendments to all Members of the Committee.
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 permittedin 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
(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. Subject
to Senate Standing Rule 26(4)(d), 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.
(f) Testimony may be submitted to the formal record for a
period not less than two weeks following a hearing or
roundtable, unless otherwise agreed to by Chair and Ranking
Member.
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.
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(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.
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