[Congressional Record (Bound Edition), Volume 157 (2011), Part 2]
[Senate]
[Pages 2274-2275]
[From the U.S. 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 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.

[[Page 2275]]




                                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.
       (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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