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: Rules and Procedures…
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:
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.
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.
(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.