Rules and Procedures of the Committee on Small Business, 118th Congress (2023-2024)

Summary

These are the Rules and Procedures of the Committee on Small Business of the United States House of Representatives for the 118th Congress, 2023-2024. They make the Rules of the House the rules of the Committee and its subcommittees, let the Chair designate a Vice Chair from the majority, and authorize investigations under Rules X and XI of the House. The regular meeting day is the second Wednesday of every month when the House is in session, and members should receive the text of items to be considered at least 48 hours, and no later than 24 hours, before a meeting. Members of Congress not on the Committee must ask 24 hours ahead to take part in a hearing and may not vote or offer amendments. The rules also cover hearing notice, witness lists, remote testimony, which a subpoenaed witness may give only with written authorization, and committee travel.

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Issuer: Congressional materials
Document type: 404458 2023 02 08 Chairman Williams Gavels In The Committee On Small Att0
Date: 2023-02-08
Case: 404458 2023 02 08 Chairman Williams Gavels In The Committee On Small Att0

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“Rules and Procedures of the Committee on Small Business, 118th Congress (2023-2024).” Dated 2023-02-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-08-404458-2023-02-08-chairman-williams-gavels-in-the-committee-on-small-att0/, SHA-256 60eb8a2324012b7362c054d23e1aab96476ecbe8fb76cc9ef64d91eb6c137b81.

Full text

Rules and Procedures

Committee on Small Business

United States House of Representatives

118th Congress, 2023-2024

1. GENERAL PROVISIONS

(A) Applicability of House Rules.

(1) The Rules of the House of Representatives, so far as they are applicable, are the
rules of the Committee on Small Business (“the Committee”) and its
Subcommittees.

(2) Each subcommittee is part of the Committee and is subject to the authority and
direction of the Committee and its rules so far as applicable.

(3) Except where the term “the Committee” and “subcommittee” are specifically
referred to, the following rules shall apply to the Committee and its
subcommittees as well as the to their respective chairs, ranking minority
members, and members.

(4) Rule XI of the Rules of the House, which pertains entirely to Committee
procedure, is incorporated and made a part of the rules of the Committee to the
extent applicable.

(B) Appointments by the Chair. Pursuant to the Rules of the House, the Chair shall
designate a Member of the Committee Majority to serve as Vice Chair of the
Committee. The Vice Chair shall preside at any meeting or hearing during the
temporary absence of the Chair. The Chair also reserves the right to designate a
Member of the Committee Majority to serve as the Chair at a hearing or
meeting.

(C) Authority to Conduct Investigations. The Committee and its subcommittees,
after consultation with the Chairman of the Committee, may conduct such
investigations and studies as they may consider necessary or appropriate in the
exercise of their responsibilities under Rule X of the Rules of the House and in
accordance with clause 2(m) of House Rule XI.

2. MEETINGS IN GENERAL

(A) Regular Meetings. The regular meeting day of the Committee shall be the second
Wednesday of every month when the House is in session. The Chair is authorized
to dispense with a regular meeting or to change the date thereof when
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circumstances warrant as determined by the sole discretion of the Chair.

(B) Additional Meetings. Additional meetings may be called as deemed necessary by the
Chair or at the request of the majority Members of the Committee pursuant to Rule
XI, cl. 2(c) of the rules of the House. At least 3 calendar days’ notice, pursuant to
Rule XI, cl. 2(g)(3)(A), of such an additional meeting shall be given unless the
Chair, with the concurrence of the Ranking Minority Member, determines that there
is good cause to call the meeting on less notice or upon a vote by a majority of the
Committee (a quorum being present). Announcements of the meeting shall be
published promptly in the Daily Digest and made publicly available in electronic
form.

(C) Business to be Considered. The determination of the business to be considered at
each meeting shall be made by the Chair subject to limitations set forth in House
Rule XI, cl. 2(c).

(D) Meeting Materials. The Chair shall provide to each Member of the Committee, to the
extent practicable, at least 48 hours in advance of a meeting, a copy of the bill,
resolution, report, or other item to be considered at the meeting, but no later than 24
hours before the meeting. Such material also shall be made available to the public at
least 24 hours in advance in electronic form.

(E) Special and Emergency Meetings. The rules for notice and meetings as set forth in
Rule 5 of these Rules shall not apply to special and emergency meetings. Clause
2(c)(2) of Rule XI and clause 2(g)(3)(A) of Rule XI of the Rules of the House, as
applicable, shall apply to such meetings.

(F) Open 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, streaming, and still photography coverage,
except as provided by House Rule XI, cl. 4. If the majority of Members of the
Committee or Subcommittee present at the meeting determine by a recorded vote in
open session that all or part of the remainder of the meeting on that day shall be
closed to the public because the 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 they may authorize, shall be present in any meeting
which has been closed to the public.

(G) Open Hearings. Each hearing conducted by the Committee or its Subcommittees
shall be open to the public, including radio, television, and still photography
coverage. If the majority of Members of the Committee or Subcommittee present at
the hearing determine by a recorded vote in open session that all or part of the
remainder of the hearing on that day shall be closed to the public because the
disclosure of matters to be considered would endanger national security, would
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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 the Committee or Subcommittee may by the same
procedure also vote to close one subsequent day of hearings. Notwithstanding the
requirements of the preceding sentence, a majority of those present (if the requisite
number of Members are present under Committee Rules for the purpose of taking
testimony) may vote: (i) to close the hearing for the sole purpose of discussing
whether the testimony or evidence to be received would endanger the national
security, would compromise sensitive law enforcement information, or violate Rule
XI, cl. 2(k)(5) of the House or (ii) to close the hearing, as provided clause 2(k)(5) of
Rule XI of the House.

(H) Participation in Subcommittee Hearings. The Chair and Ranking Minority Member
are ex officio Members of all Subcommittees for any hearing conducted by a
Subcommittee. Members of the Committee who wish to participate in a hearing of
the Subcommittee to which they are not Members shall make such request to the
Chair and the Ranking Minority Member of the Subcommittee at the commencement
of the hearing. The Chair, after consultation with the Ranking Minority Member of
the Subcommittee, shall grant such request.

(I) Non-Participatory Attendance by Other Members of the House. 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 Subcommittees, for purposes of a
particular subject of investigation, to close its hearing to Members by the same
procedures designated to close hearings to the public.

(J) Procedure to Participate. Members of Congress who are not Members of the
Committee but would like to participate in a hearing shall notify the Chair and the
Ranking Minority Member and submit a formal request no later than 24 hours before
the commencement of the meeting or hearing. Such Member may not vote on any
matter; be counted for the purpose of establishing a quorum; participate in
questioning a witness under the 5-Minute rule, unless permitted to do so by the Chair
in consultation with the Ranking Minority Member; raise points of order; or offer
amendments or motions.

(K) Audio and Video Coverage. To the maximum extent practicable, the Committee shall
provide audio and video coverage of each hearing or meeting for the transaction of
business in a manner that allows the public to easily listen and view the proceedings
and shall maintain the recordings of such coverage in a manner easily accessible to
the public. Operation and use of any Committee internet broadcast system shall be
fair and nonpartisan, and in accordance with clauses 4 (b) and (f) of House Rule XI
and all other applicable rules of the Committee and the House.

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3. MEETING AND HEARING PROCEDURES IN GENERAL

(A) Notice and Information for Members and the Public

(1) Public announcement of the date, place, and subject matter of any hearing to
be conducted by the Committee shall be made no later than seven (7) calendar
days before the commencement of the hearing. To the extent possible, the
seven days shall be counted from 168 hours before the time of the
Committee’s hearing.

(2) The Chair, with the concurrence of the Ranking Minority Member, or upon a
vote by the majority of the Committee (a quorum being present), may
authorize a hearing to commence on less than 7 days’ notice.

(3) A list of witnesses shall be made available as soon as practicable after the
hearing is noticed to the public. A final witness list shall be issued by the
Committee no later than 48 hours prior to the commencement of the hearing.

(4) The Chair shall provide to all Members of the Committee, as soon as
practicable after the announcement of the hearing, a memorandum explaining
the subject matter of the hearing and any official reports from departments and
agencies on the subject matter of the hearing. Such material shall be made
available to all Members of the Committee no later than 48 hours before the
commencement of the hearing, unless the Chair, after consultation with the
Ranking Minority Member, determines that certain reports from departments
or agencies should not be made available prior to the commencement of the
hearing. Material provided by the Chair to all Members, whether provided
prior to or at the hearing, shall be placed on the Committee website no later
than 48 hours after the commencement of the hearing, unless such material
contains sensitive or classified information, in which case such material shall
be handled pursuant to Rule 16 of the Committee’s Rules.

(B) Questioning of Witnesses. 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 Chair for that purpose. Members shall have the opportunity, as
set forth in Rule XI, cl. 2 (j) of the Rules of the House, to question each witness on
the panel for a period not to exceed five minutes. For any hearing, the Chair of the
Committee or Subcommittee may offer a motion to extend the questioning of a
witness or witnesses by the Member identified in the motion for more than five
minutes as set forth in Rule XI, cl. 2(j)(B). No Member may be recognized for a
second period of interrogation, subject to the 5-minute rule, until each Member
present, who wishes to be recognized, has been recognized at least once.

(1) Full Committee Hearings. The Chair of the Committee shall commence
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questioning followed by the Ranking Minority Member. Thereafter,
questioning shall alternate between the Majority and Minority Members.
Before the gavel has been struck, or in the case of Members arriving
simultaneously, the order of questioning shall be based on seniority among
Members of his or her own party. After the gavel has been struck, Members
first to arrive shall have priority over Members of his or her own party.
Members of Congress who are not Members of the Committee, if allowed by
the Chair, may be recognized for questioning of witnesses but only after all
Committee Members have first been recognized.

(2) Subcommittee Hearings. The Chair of the Subcommittee shall commence
questioning followed by the Ranking Minority Member of the Subcommittee.
If present, the Chair and Ranking Minority Member of the Committee shall
then be recognized for questioning, respectively. Thereafter, questioning shall
alternate between the Majority and Minority Members of the Subcommittee.
Before the gavel has been struck, or in the case of Subcommittee Members
arriving simultaneously, the order of questioning shall be based on seniority
among Members of his or her own party. After the gavel has been struck,
Subcommittee Members first to arrive shall have priority over Subcommittee
Members of his or her own party. Members of the Full Committee who are not
members of the Subcommittee and are granted permission to participate
pursuant to committee rule 7(C), may be recognized for questioning only after
all Subcommittee Members have first been recognized. The order of
questioning for Members of the Full Committee who are not members of the
Subcommittee shall be based on full committee seniority. Members of
Congress who are not Members of the Subcommittee, if allowed by the Chair,
may be recognized for questioning of witnesses but only after all
Subcommittee Members and Full Committee Members have first been
recognized.

(D) Consideration of Ratio. In recognizing Members to question witnesses, the Chair may
take into consideration the ratio of Majority and Minority Members present in such a
manner as to not disadvantage the Members of either party.

(E) Remote Participation. Except as provided by section 3(j) of H. Res. 5, 118th
Congress and these regulations, witnesses shall testify before a committee in person.
No remote testimony will be accepted from witnesses testifying in a government
capacity. In the event the chair of a committee determines that testimony of a witness
appearing in a non-governmental capacity is necessary and such a witness is only
available to participate remotely due to extreme hardship or other exceptional
circumstances, the chair may allow the witness to participate remotely, with written
approval from the Majority Leader.

(1) The official record of the committee proceeding shall include a letter from the
chair detailing the necessity of allowing the witness to participate remotely, a
description of why the witness could not participate in person, why such
testimony was necessary for purposes of fulfilling Congress’s Article I
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responsibility, and a letter from the Majority Leader approving of such remote
participation.

(2) The witness must agree to remain on the platform until excused by the chair. The
witness should conduct a pre-hearing technology test with staff designated by the
chair, to ensure the witness will have sufficient internet connection during the
hearing, and to minimize the possibility of any technical issues.

(3) No witness appearing in a governmental capacity may participate remotely. No
witness testifying before a committee in response to a subpoena is permitted to
testify remotely, unless both the chair of the committee and the Majority Leader
authorize such testimony in writing and printed in the Congressional Record.

(4) Any text based or private messaging function in the software platform used to
facilitate the participation of a remote witness must be disabled unless it is used to
provide technical support to the witness, which may be excluded from the public
video stream and will not be considered a committee record.

(5) Only witnesses approved for remote participation may have participatory access
on the software platform.

(6) Committees may only utilize a software platform certified by the Chief
Administrative Officer. The Chief Administrative Officer should inform
committees, including the ranking minority members, each time a software
platform is certified.

(7) Witnesses participating remotely should appear before a nonpolitical, professional
appropriate background that is minimally distracting to other members and
witnesses, to the greatest extent possible. It remains within the full discretion of
the chair to enforce rules of decorum for committee proceedings.

(8) Any committee report of activities submitted pursuant to clause 1(d)(1) of rule XI
should include a list of hearings conducted with remote participation.

(9) A witness participating remotely in a committee proceeding shall be visible
onscreen within the software platform until excused by the chair. The witness
shall disclose to the chair and ranking member any additional individual(s) present
off screen.

(10) Witness counsel shall be allowed access on the remote proceeding software
platform if they are not in the physical presence of the witness. It is recommended
that counsel facilitate a separate secure line of communication with the witness. A
witness may not be unmuted by any other individual and should be allowed to use
such secure line of communication while testifying to confer with counsel.

(11) A witness may not allow an individual not invited to testify to speak on the
platform. The committee chair may only provide an exception when the other
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individual is necessary to facilitate the witness’s participation in the hearing (e.g.
translators).

(12) A chair may not authorize remote participation for more than one witness at a
committee hearing without the approval of the Majority Leader in writing and
printed in the Congressional Record.

(F) Transcripts of proceedings. A stenographic record of all testimony shall be kept of
public meetings and hearings and shall be made available on such conditions as the
Chair may prescribe.

4. REFERRAL OF BILLS BY THE CHAIR

The Chair will retain consideration of all legislation referred to the Committee by the
Speaker. No action will be required of a Subcommittee before legislation is considered for
report by the Committee. Subcommittee chairs, pursuant to the rules set out herein, may hold
hearings on any bill referred to the Committee.

5. SUBCOMMITTEES

(A) Generally. Each Subcommittee of the Committee is part of the Committee and is
subject to the authority and direction of the Committee, and to the Rules of the
House and the rules adopted herein, to the extent applicable. The Chair and Ranking
Member of the Committee are ex officio Members of all Subcommittees for the
purpose of any meeting conducted by a Subcommittee.

(B) The Committee shall be organized into the following five subcommittees:

(1) Subcommittee on Rural Development, Energy, and Supply Chains This
Subcommittee (which will consist of six (6) Republican Members and five
(5) Democratic Members) will address issues to enhance rural economic
and business growth, increase America’s energy independence, and
ensure America’s small businesses can compete effectively in a global
marketplace. This Subcommittee will review supply chain disruptions
impacts on small businesses and the importance of having products made
in America.

• Oversight of the Small Business Administration’s outreach and structure
as it pertains to increasing assistance to rural businesses and
entrepreneurs.
• Oversight of agricultural policies, including those related to the Farm bill
to enhance small business interests..
• Oversight of trade policies and issues affecting small firms related to
trade agreements.
• Oversight of energy issues.
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• Oversight of international trade policy with particular emphasis on
agencies that provide direct assistance to small businesses, such as: the
Small Business Administration’s (SBA) Office of International Trade, the
Department of Commerce’s United States Export Assistance Centers, the
Department of Agriculture’s Foreign Agricultural Service, and the
Export-Import Bank.
• Oversight of infringement of intellectual property rights by foreign
competition.
• Examine the implementation and effectiveness of government programs
designed to assist rural and agricultural businesses impacted by the
pandemic.
• Examine the impact of supply chain disruptions on small businesses.

(2) Subcommittee on Innovation, Entrepreneurship, and Workforce Development

This Subcommittee (which will consist of six (6) Republican Members and five
(5) Democratic Members) will address how innovation promotes economic
growth and job creation by small businesses. In addition, the Subcommittee will
examine small business job growth through the creation and adoption of
advanced technologies. The Subcommittee will review the broad scope of
workforce issues that affect the ability of small businesses to obtain and maintain
qualified employees.

• Oversight of SBA entrepreneurial development programs.
• Oversight of all federal policies that affect the workforce including, but
not limited to, the roles of the Department of Labor, the Occupational
Safety and Health Administration, and the National Labor Relations
Board.
• Analyze workforce issues, including but not limited to health care,
retirement, and labor challenges facing small businesses.
• Examination of general technology issues, including cyber security
issues confronting small businesses and intellectual property policy in
the United States.
• Oversight of United States telecommunications policies including, but not
limited to, the National Broadband Plan and allocation of electromagnetic
spectrum.
• Oversight of the Small Business Innovation Research Program.
• Oversight of the Small Business Technology Transfer Program.
• Investigate the state of the nation’s entrepreneurship, the challenges they
face, and steps to strengthen entrepreneurship, including startups,
solopreneurs, self-employed, and microbusinesses.
• Examine programs and efforts designed to assist both small employers
and their workers throughout the Covid-19 pandemic.

(3) Subcommittee on Economic Growth, Tax, and Capital Access

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This Subcommittee (which will consist of six (6) Republican Members and five
(5) Democratic Members) will evaluate the operation of the financial markets
in the United States and their ability to provide needed capital to small
businesses. In addition, the Subcommittee will review federal programs,
especially those overseen by the SBA, aimed at assisting entrepreneurs in
obtaining needed capital. Since the tax policy plays an integral role in access to
capital, this Committee also will examine the impact of federal tax policies on
small businesses.

• Oversight of capital access and financial markets including FinTech and
digital asset companies.
• SBA financial assistance programs, including guaranteed loans,
microloans, certified development company loans, and small business
investment companies.
• Implementation of the Dodd-Frank Wall Street Reform and Consumer
Protection Act
• Oversight of the Consumer Financial Protection Bureau.
• Oversight of the Department of Agriculture business and industry
guaranteed loan program.
• Oversight of general tax policy affecting small businesses.
• Oversight of the Internal Revenue Service.
• The management of the SBA’s COVID Relief programs and the agency’s
disaster loan program.
• Analyze efforts to address challenges for the unbanked and underbanked
business community and steps to increase capital access
• Review the challenges and opportunities presented by Fintech
companies as it relates to small business capitalization.
• Investigate the implementation and efficacy of programs related to
supporting the business community and nonprofits throughout the Covid-
19 pandemic, including but not limited to the Paycheck Protection
Program, the Economic Injury Disaster Loan program, and other SBA
programs.

(4) Subcommittee on Oversight, Investigations, and Regulations.

This Subcommittee (which will consist of six (6) Republican Members and five (5)
Democratic Members) will review the regulatory burdens imposed on small
businesses by federal agencies and how those burdens may be alleviated. This
Subcommittee will also probe the efficient operation of government programs that
affect small businesses, including the SBA, and develop proposals to make them
operate in a more efficient manner.

• Oversight of general issues affecting small businesses and federal
agencies.
• Oversight of the management of the SBA.
• Oversight of the SBA Inspector General.
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• Oversight of the SBA’s Office of Advocacy.
• Implementation and effectiveness of the Regulatory Flexibility Act.
• Oversight of the Office of Information and Regulatory Affairs at the
Office of Management and Budget.
• Use of the Congressional Review Act.
• Transparency of the federal rulemaking process as required by the
Administrative Procedure and Data Quality Acts.
• Evaluating the Paperwork Reduction Act.
• Investigate all programs relating to the Covid-19 pandemic, SBA’s
anti-fraud framework, and their impact on the business and nonprofit
community and their employees.

(5) Subcommittee on Contracting and Infrastructure

This Subcommittee (which will consist of six (6) Republican Members and five
(5) Democratic Members) will assess the federal procurement system, including
those programs designed specifically to enhance participation by small
businesses in providing goods and services to the federal government. The
Subcommittee will review the broad scope of opportunities available to small
businesses for rebuilding and modernizing the nations’ infrastructure.

• Oversight of government-wide procurement practices and programs
affecting small businesses.
• Oversight of federal procurement policies that inhibit or expand
participation by small businesses in the federal contracting marketplace.
• Oversight of all contracting programs established by the Small
Business Act or those relying on or modeled after programs in the
Small Business Act
• Review technical assistance provided to federal contractors and
prospective contractors through SBA personnel, Offices of Small and
Disadvantaged Business Utilization, and Procurement Technical
Assistance Centers.
• Review the SBA Surety Bond guarantee program.
• General oversight of programs available to small businesses in
modernizing and strengthening the nation’s infrastructure.
• Address steps the federal government has taken or can take to strengthen
the supply chain and create more federal procurement opportunities for
small business concerns.
• Analyze implementation of the infrastructure law to ensure the
participation of small businesses and review steps needed to strengthen
their competitiveness in infrastructure projects.

(C) Powers and Duties of Subcommittees. Each Subcommittee is authorized to meet,
hold hearings, receive evidence, and report to the Committee on any matters referred
to it. Prior to the scheduling of any meeting or hearing of a Subcommittee, the Chair
of the Subcommittee shall obtain the approval of the Chair of the Committee.
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(D) Hearing Time and Date. No hearing or meeting of a Subcommittee shall take place at
the same time as the meeting or hearing of the Full Committee or another
Subcommittee, provided however, that the Subcommittee Chairs may hold field
hearings that conflict with those held by other Subcommittees of the Committee.

6. WITNESSES

(A) Number of Witnesses. For any hearing conducted by the Committee or
Subcommittee there shall be no more than four non-governmental witnesses of
which the Ranking Minority Member of the Committee or Subcommittee (as
appropriate) is entitled to select one witness for the hearing.

(B) Witnesses Selected by the Minority. Witnesses selected by the Ranking Minority
Member of the Committee or Subcommittee shall be invited to testify by the Chair
of the Committee or Subcommittee (as appropriate). Rule 6(A) shall apply with
equal force to witnesses selected by the Ranking Minority Member of the
Committee or Subcommittee.

(C) Small Business Week Exception. The limitations set forth in the preceding
paragraph shall not apply if the Committee holds a hearing to honor the work of the
small business community in conjunction with the annual celebration of Small
Business Week. Witness limitations for such a hearing shall be determined by the
Chair in consultation with the Ranking Minority Member.

(D) Statement of Witnesses.

(1) Insofar as is practicable, each witness who is to appear before the Committee or
Subcommittee shall file an electronic copy of the written testimony with the
Committee and the Ranking Minority Member no later than 48 hours before the
commencement of the hearing.

(2) Each witness shall limit his or her oral presentation to a five-minute summary of
the written testimony, unless the Chair, in consultation with the Ranking
Minority Member, extends this time period.

(3) Insofar as is practicable, each non-governmental witness shall provide to the
Committee and the Ranking Minority Member, no later than 48 hours before the
commencement of the hearing, a curriculum vitae or other statement describing
their education, employment, professional affiliation, or other background
information pertinent to their testimony.

(E) Witness Disclosure. As required by Rule XI, cl. 2(g) of the Rules of the House, each
non-governmental witness before the commencement of the hearing shall file with
the Chair a disclosure form detailing any contracts or grants that the witness has with
the federal government, as well as the amount and country of origin of any payment
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or contract related to the subject of the hearing originating with a foreign government.
Such information shall be posted on the Committee website within 24 hours after the
witness appeared at the hearing.

(F) Failure to Comply. The failure to provide the materials set forth by the deadlines set
forth in these rules may be grounds for excluding both the oral and written testimony
of the witness unless waived by the Chair of the Committee or Subcommittee.

(G) Public Access to Witness Materials. The Committee will provide public access to
printed materials, including the testimony of witnesses in electronic form on the
Committee’s website no later than 24 hours after the hearing is adjourned.
Supplemental material provided after the hearing adjourns shall be placed on the
Committee website no later than 24 hours after receipt of such material.

7. QUORUM

(A) Generally. A majority of the members of the Committee or a subcommittee shall
form a quorum for the Committee or subcommittee, respectively, except that two
members, one Member from the Majority and one Member from the Minority, shall
constitute a quorum for taking testimony and receiving evidence.

(B) Quorum for a Hearing. For purposes of taking testimony or receiving evidence, a
quorum shall be one Member from the Majority and one Member from the Minority.
The Chair of the Committee or Subcommittee shall exercise reasonable comity by
waiting for the Ranking Minority Member even if a quorum is present before
striking the gavel to commence the hearing.

(C) Field Hearings. For hearings held by the Committee or a Subcommittee in a location
other than the Committee’s hearing room or the assigned hearing room in
Washington, DC, a quorum shall be deemed to be present if the Chair of the
Committee or Subcommittee is present.

8. RECORD VOTES

(A) When Provided. A record vote of the Committee shall be provided on any question
before the Committee upon the request of any Member of the Committee. A record
of the vote of each Member of the Committee on a matter before the Committee
shall be available in electronic form within 48 hours of such record vote, and, with
respect to any roll call vote on any motion to amend or report, shall be included in
the report of the Committee showing the total number of votes cast for and against
and the names of those Members voting for and against.

(B) Proxy Voting. No vote by any Member of the Committee with respect to any
measure or matter may be cast by proxy.

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hours after consideration of a bill, resolution, report or other item, cause the text of
the reported item and any amendment adopted thereto to be made publicly
available in electronic form.

9. SUBPOENAS, OATHS, AND DEPOSITIONS

(A) Issuance of Subpoena. A subpoena may be authorized and issued by the Chairman,
in accordance with clause 2(m) of Rule XI of the House of Representatives with 24-
hour notice and consultation with the Ranking Member.

(1) The Committee may authorize and issue a subpoena under clause 2(m) of
House Rule XI if authorized by a majority of the Members voting.

(B) Oaths. The Chairman of the Committee, or any member of the Committee
designated by the Chairman, may administer oaths to any witness.

(C) Deposition Authority. Pursuant to section 3(k) of House Resolution 5 of the 118th
Congress, the Chair upon consultation with the Ranking Minority Member may
order the taking of depositions, including pursuant to subpoena, by a member or
counsel of the Committee. Depositions taken by a member or counsel of the
Committee shall be subject to regulations issued by the Committee on Rules and
printed in the Congressional Record. A witness shall not be required to testify
unless the witness has been provided with a copy of section 3(k) of H. Res. 5, 118th
Congress, and these regulations.

10. AMENDMENTS DURING MARKUP

(A) Availability of Amendments. Any amendment offered to any pending legislation
before the Committee must be made available in written form by any Member of
the Committee. If such amendment is not available in written form when requested,
the markup may be recessed subject to the call of the Chair to provide sufficient
time for the provision of such written amendment. Such recess shall not prejudice
the offering of such amendment.

(B) Drafting and Filing of Amendments. For amendments to be accepted during markup,
there is no requirement that the amendments be filed prior to commencement of the
markup or prepared with the assistance of the Office of Legislative Counsel. Even
though it is not necessary, Members seeking to amend legislation during markup
should draft amendments with the assistance of the Office of Legislative Counsel and
consult with the Chair or Ranking Minority Member’s staff (as appropriate) in the
preparation of such amendments.

11. POSTPONEMENT OF PROCEEDINGS

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(A) When Postponement is Permissible. The Chair, 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
Chair may resume postponed proceedings, but no later than 24 hours after such
postponement, unless the House is not in session or there are conflicts with Member
schedules that make it unlikely a quorum will be present to conduct business on the
postponed proceeding. In such cases, the Chair will consult with Members to set a
time as early as possible to resume proceedings but in no event later than the next
meeting date as set forth in Rule 2 of these Rules.

(B) Resumption of Proceedings. 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.

12. COMMITTEE RECORDS

(A) The Committee shall maintain a complete record of all actions, which shall include a
record of the votes on any question on which a recorded vote is demanded. The result
of any vote by the Committee, or if applicable by a Subcommittee, including a voice
vote shall be posted on the Committee’s website within 24 hours after the vote has
been taken. Such record shall include a description of the amendment, motion, order,
or other proposition, the name of the Member voting for and against such
amendment, motion, order, or other proposition, and the names of Members present
but not voting. For any amendment, motion, order, or other proposition decided by
voice vote, the record shall include a description and whether the voice vote was in
favor or against.

(B) Transcripts. The Committee shall maintain a complete record of all Committee
and Subcommittee activity which, in the case of a meeting or hearing transcript,
shall include a substantially verbatim account of the remarks actually made
during the proceedings subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks.

(C) Availability of Records. 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 Chair of the Committee shall notify the Ranking Member of
the Committee of any decision, pursuant to Rule VII, cl. 3(b)(3) or cl. 4 (b), 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.

(D) Publishing and Posting of Records. The Committee Rules shall be made publicly
available in electronic form and published in the Congressional Record not later than
60 days after the Chair of the Committee is elected in each odd-numbered year.

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13. COMMITTEE WEBSITE

The Chair shall maintain an official Committee website for the purpose of furthering the
Committee’s legislative and oversight responsibilities, including communicating information
about Committee’s activities to Committee Members and other Members of the House. The
Ranking Minority Member 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.

14. ACCESS TO CLASSIFIED OR SENSITIVE INFORMATION

(A) Access to classified or sensitive information supplied to the Committee or
Subcommittees and attendance at closed sessions of the Committee or a
Subcommittee shall be limited to Members and necessary Committee staff and
stenographic reporters who have appropriate security clearance when the Chair
determines that such access or attendance is essential to the functioning of the
Committee or one of its Subcommittees.

(B) Procedures Governing Availability. 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:

(1) Only Members of the House of Representatives and specifically designated
Committee staff of the Committee on Small Business may have access to such
information.
(2) Members who desire to read materials that are in possession of the Committee
shall notify the Clerk of the Committee in writing.

(3) The Clerk of the Committee will maintain an accurate access log, which
identifies the circumstances surrounding access to the information, without
revealing the material examined.

(4) 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.

(5) Material provided for review under this rule shall not be removed from a
specified room within the Committee offices.

(6) Individuals reviewing materials under this rule shall make certain that the
materials are returned to the proper custodian.

(7) No reproductions or recordings may be made of any portion of such materials.

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(8) 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 the manner authorized by the rules of the
Committee.

(9) When not being examined in the manner described herein, such information will
be kept in secure safes or locked file cabinets within the Committee offices.

(10) These procedures only address access to information the Committee or
Subcommittee deems to be sensitive enough to require special treatment.

(11) 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.

(12) With respect to classified information and materials provided to the Committee
by the Executive Branch or an independent agency as that term is defined in 44
U.S.C. § 3502, the classification of information and materials as determined by
the Executive Branch or independent agency shall prevail unless affirmatively
changed by the Committee or Subcommittee involved, after consultation with
the Executive Branch or independent agency.

(13) Other materials in the possession of the Committee are to be handled in
accordance with House Rules.

15. OTHER PROCEDURES

The Chair of the 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.

16. AMENDMENTS TO COMMITTEE RULES

The rules of the Committee may be modified, amended, or repealed by a majority vote of the
Members, at a meeting specifically called for such purpose, but only if written notice of the
proposed change or changes has been provided to each Member of the Committee at least 72
hours prior to the time of the meeting of the Committee to consider such change or changes.

17. 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 Chair of the Committee. The Chair shall fix their remuneration and they shall be
under the general supervision and direction of the Chair.

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(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 decide.

(C) Subcommittee Staff. There shall be no separate staff assigned to Subcommittees.
The Chair and Ranking Minority Member shall endeavor to ensure that sufficient
Committee staff is made available in order that each Subcommittee may carry out
the responsibilities set forth in Rule 3, supra.

18. BUDGET AND TRAVEL

(A) Allocation of Budget. From the amount provided to the Committee in the primary
expense resolution adopted by the House of Representatives in the 118th Congress,
the Chair, 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) Authorization of Travel. The Chair may authorize travel in connection with activities
or subject matters under the legislative or oversight jurisdiction of the Committee as
set forth in Rule X of the Rules of the House. The Ranking Minority Member may
authorize travel for any Minority Member or staff of the Minority in connection with
activities or subject matters under the Committee’s jurisdiction as set forth in Rule X
of the Rules of the House. Before such travel, there shall be submitted to the Chair of
the Committee in writing the following at least seven (7) calendar days prior
specifying: 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; and d) the names of Members and staff of the Committee participating in
such travel.

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