[Congressional Record (Bound Edition), Volume 155 (2009), Part 3]
[House]
[Pages 3852-3855]
[From the U.S. Government Publishing Office, www.gpo.gov]




  PUBLICATION OF THE RULES OF THE COMMITTEE ON SMALL BUSINESS, 111TH 
                                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. Madam Speaker, in accordance with Clause 2 of Rule XI 
of the Rules of the House, please find the Rules and Procedures 
approved by the House Committee on Small Business, on January 28, 2009, 
for the 111th Congress:

[[Page 3853]]



 Rules and Procedures Adopted by the Committee on Small Business, U.S. 
          House of Representatives, 111th Congress, 2009-2010


                         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 as she deems appropriate to the 
     subcommittee of appropriate jurisdiction within 14 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.
       In referring any measure or matter to a subcommittee, the 
     Chairwoman may specify a date by which the subcommittee shall 
     report thereon to the subcommittee. The Chairwoman may also 
     discharge a subcommittee from consideration of any measure or 
     matter referred to a subcommittee.


                           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 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. 
     Additionally, such members who would like to not only attend, 
     but participate shall notify the Ranking Minority Member and 
     submit a request in writing to the Chairwoman two days in 
     advance of such hearing. Such requests shall be subject to 
     approval of the Chairwoman and the Ranking Member.


                              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 two business days 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 on the committee 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.

[[Page 3854]]




                              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 of session for a period of 3 
     days or longer.


                               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 may be waived for 
     field hearings by the Chairwoman. 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 or subcommittee 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 Chair 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:

                    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.
       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.
       Oversight of technology and patent issues.

               Subcommittee on Regulations and Healthcare

       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 healthcare coverage issues.
       Oversight over issues affecting small healthcare providers.

     Subcommittee on Rural Development, Entrepreneurship and Trade

       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.
       General oversight of programs targeted toward rural 
     development and economic growth as well as general federal 
     government entrepreneurial development programs.
       Oversight of agricultural issues.
       Oversight of energy issues.
       Oversight of trade issues, including SBA's Office of 
     International Trade.

              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.
       Oversight over general issues impacting small businesses.


                          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 committee 
     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 hold such 
     meetings and hearings 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.

[[Page 3855]]

       (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 111th 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.
       (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. The 
     Chair also reserves the right to designate a committee member 
     of the majority to serve as the Chair at a hearing or 
     meeting.


      21. AVAILABILITY OF RECORD VOTES ON THE COMMITTEE'S WEBSITE

       In addition to any other requirement of these rules or the 
     Rules of the House, the Chair shall make the record of the 
     votes on any questions on which a record vote is demanded 
     available on the Committee's website and for inspection by 
     the public at reasonable times in the Offices of the 
     Committee not later than 2 business days after such a vote is 
     taken. Such record shall include a description of the 
     amendment, motion, order, or other proposition, the name of 
     each member voting for and each member voting against such 
     amendment, motion, order, or proposition, and the name of 
     those members of the committee present but not voting.

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