---
kind: "range"
citation: "15 U.S.C. §§ 634a–634g"
title: "15"
from: "634a"
to: "634g"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/15/634a..634g"
---

# §634a. Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy


There is established within the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1) an Office of Advocacy. The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.


# §634b. Primary functions of Office of Advocacy


The primary functions of the Office of Advocacy shall be to—

- (1) examine the role of [small business](/usc/15/1691c–2.md?p=h-2) in the American economy and the contribution which [small business](/usc/15/1691c–2.md?p=h-2) can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing an avenue through which new and untested products and services can be brought to the marketplace;
- (2) assess the effectiveness of existing Federal subsidy and assistance [programs](/usc/15/2921.md?p=6) for [small business](/usc/15/1691c–2.md?p=h-2) and the desirability of reducing the emphasis on such existing [programs](/usc/15/2921.md?p=6) and increasing the emphasis on general assistance [programs](/usc/15/2921.md?p=6) designed to benefit all [small businesses](/usc/15/1691c–2.md?p=h-2);
- (3) measure the direct costs and other effects of government regulation on [small businesses](/usc/15/1691c–2.md?p=h-2); and make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulations of [small businesses](/usc/15/1691c–2.md?p=h-2);
- (4) determine the impact of the tax structure on [small businesses](/usc/15/1691c–2.md?p=h-2) and make legislative and other proposals for altering the tax structure to enable all [small businesses](/usc/15/1691c–2.md?p=h-2) to realize their potential for contributing to the improvement of the Nation’s economic well-being;
- (5) study the ability of financial markets and institutions to meet [small business](/usc/15/1691c–2.md?p=h-2) [credit](/usc/15/1679a.md?p=4) needs and determine the impact of government demands for [credit](/usc/15/1679a.md?p=4) on [small businesses](/usc/15/1691c–2.md?p=h-2);
- (6) determine financial resource availability and to recommend methods for delivery of financial assistance to minority enterprises, including methods for securing equity capital, for generating markets for goods and services, for providing effective business education, more effective management and technical assistance, and training, and for assistance in complying with Federal, [State](/usc/15/636e.md?p=7), and local law;
- (7) evaluate the efforts of [Federal agencies](/usc/15/632.md?p=b), business and industry to assist minority enterprises;
- (8) make such other recommendations as may be appropriate to assist the development and strengthening of minority and other [small business](/usc/15/1691c–2.md?p=h-2) enterprises;
- (9) recommend specific measures for creating an environment in which all businesses will have the opportunity to complete[^1] effectively and expand to their full potential, and to ascertain the common reasons, if any, for [small business](/usc/15/1691c–2.md?p=h-2) successes and failures;
- (10) determine the desirability of developing a set of rational, objective criteria to be used to define [small business](/usc/15/1691c–2.md?p=h-2), and to develop such criteria, if appropriate;
- (11) advise, cooperate with, and consult with, the Chairman of the Administrative Conference of the [United States](/usc/15/633.md?p=a) with respect to [section 504(e) of title 5](/usc/5/504.md?p=e); and
- (12) evaluate the efforts of each department and [agency](/usc/15/632.md?p=b) of the [United States](/usc/15/633.md?p=a), and of private industry, to assist [small business concerns](/usc/15/78c.md?p=a-53-B-ii) owned and controlled by [veterans](/usc/15/632.md?p=q-4), as defined in [section 632(q) of this title](/usc/15/632.md?p=q), and [small business concerns](/usc/15/78c.md?p=a-53-B-ii) owned and controlled by serviced-disabled[^2] [veterans](/usc/15/632.md?p=q-4), as defined in such [section 632(q) of this title](/usc/15/632.md?p=q), and to provide statistical information on the utilization of such [programs](/usc/15/2921.md?p=6) by such [small business concerns](/usc/15/78c.md?p=a-53-B-ii), and to make appropriate recommendations to the [Administrator](/usc/15/637c.md?p=1) of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1) and to the Congress in [order](/usc/15/8702.md?p=14) to promote the establishment and growth of those [small business concerns](/usc/15/78c.md?p=a-53-B-ii).

# §634c. Additional duties of Office of Advocacy

- (a) **In general—** The Office of Advocacy shall also perform the following duties on a continuing basis:
  - (1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the [Administration](/usc/15/636e.md?p=1) and any other [Federal agency](/usc/15/632.md?p=b) which affects [small businesses](/usc/15/1691c–2.md?p=h-2);
  - (2) counsel [small businesses](/usc/15/1691c–2.md?p=h-2) on how to resolve questions and problems concerning the relationship of the [small business](/usc/15/1691c–2.md?p=h-2) to the Federal Government;
  - (3) develop proposals for changes in the policies and activities of any [agency](/usc/15/632.md?p=b) of the Federal Government which will better fulfill the purposes of the Small Business Act and communicate such proposals to the appropriate [Federal agencies](/usc/15/632.md?p=b);
  - (4) represent the views and interests of [small businesses](/usc/15/1691c–2.md?p=h-2) before other [Federal agencies](/usc/15/632.md?p=b) whose policies and activities may affect [small business](/usc/15/1691c–2.md?p=h-2);
  - (5) enlist the cooperation and assistance of public and private [agencies](/usc/15/632.md?p=b), businesses, and other organizations in disseminating information about the [programs](/usc/15/2921.md?p=6) and services provided by the Federal Government which are of benefit to [small businesses](/usc/15/1691c–2.md?p=h-2), and information on how [small businesses](/usc/15/1691c–2.md?p=h-2) can participate in or make use of such [programs](/usc/15/2921.md?p=6) and services; and
  - (6) carry out the responsibilities of the Office of Advocacy under [chapter 6](/usc/5/chptI-ch6.md) of title 5.
- (b) **Outreach and input from small businesses on trade promotion authority—**
  - (1) **Definitions—** In this subsection—
    - (A) the term “agency” has the meaning given the term in [section 551 of title 5](/usc/5/551.md);
    - (B) the term “Chief Counsel for Advocacy” means the Chief Counsel for Advocacy of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1);
    - (C) the term “covered trade agreement” means a trade [agreement](/usc/15/7a.md?p=2) being negotiated pursuant to [section 4202(b) of title 19](/usc/19/4202.md?p=b); and
    - (D) the term “Working Group” means the Interagency Working Group convened under [paragraph (2)(A)](#b-2-A).
  - (2) **Working group—**
    - (A) **In general—** Not later than 30 days after the date on which the President submits the notification required under [section 4204(a) of title 19](/usc/19/4204.md?p=a), the [Chief Counsel for Advocacy](#b-1-B) shall convene an Interagency [Working Group](#b-1-D), which shall consist of an employee from each of the following [agencies](#b-1-A), as selected by the head of the [agency](#b-1-A) or an official delegated by the head of the [agency](#b-1-A):
      - (i) The Office of the [United States](/usc/15/633.md?p=a) Trade Representative.
      - (ii) The Department of Commerce.
      - (iii) The Department of Agriculture.
      - (iv) Any other [agency](#b-1-A) that the [Chief Counsel for Advocacy](#b-1-B), in consultation with the [United States](/usc/15/633.md?p=a) Trade Representative, determines to be relevant with respect to the subject of the [covered trade agreement](#b-1-C).
    - (B) **Views of small businesses—** Not later than 30 days after the date on which the [Chief Counsel for Advocacy](#b-1-B) convenes the [Working Group](#b-1-D) under [subparagraph (A)](#b-2-A), the [Chief Counsel for Advocacy](#b-1-B) shall identify a diverse group of [small businesses](/usc/15/1691c–2.md?p=h-2), representatives of [small businesses](/usc/15/1691c–2.md?p=h-2), or a combination thereof, to provide to the [Working Group](#b-1-D) the views of [small businesses](/usc/15/1691c–2.md?p=h-2) in the manufacturing, services, and agriculture industries on the potential economic effects of the [covered trade agreement](#b-1-C).
  - (3) **Report—**
    - (A) **In general—** Not later than 180 days after the date on which the [Chief Counsel for Advocacy](#b-1-B) convenes the [Working Group](#b-1-D) under [paragraph (2)(A)](#b-2-A), the [Chief Counsel for Advocacy](#b-1-B) shall submit to the [Committee](/usc/15/2921.md?p=1) on [Small Business](/usc/15/1691c–2.md?p=h-2) and Entrepreneurship and the [Committee](/usc/15/2921.md?p=1) on Finance of the Senate and the [Committee](/usc/15/2921.md?p=1) on [Small Business](/usc/15/1691c–2.md?p=h-2) and the [Committee](/usc/15/2921.md?p=1) on Ways and Means of the House of Representatives a report on the economic impacts of the [covered trade agreement](#b-1-C) on [small businesses](/usc/15/1691c–2.md?p=h-2), which shall—
      - (i) identify the most important priorities, opportunities, and challenges to various industries from the [covered trade agreement](#b-1-C);
      - (ii) assess the impact for new [small businesses](/usc/15/1691c–2.md?p=h-2) to start exporting, or increase their exports, to markets in countries that are parties to the [covered trade agreement](#b-1-C);
      - (iii) analyze the competitive position of industries likely to be significantly affected by the [covered trade agreement](#b-1-C);
      - (iv) identify—
        - (I) any [State](/usc/15/636e.md?p=7)-owned enterprises in each country participating in negotiations for the [covered trade agreement](#b-1-C) that could pose a threat to [small businesses](/usc/15/1691c–2.md?p=h-2); and
        - (II) any steps to take to create a level playing field for those [small businesses](/usc/15/1691c–2.md?p=h-2);
      - (v) identify any rule of an [agency](#b-1-A) that should be modified to become compliant with the [covered trade agreement](#b-1-C); and
      - (vi) include an overview of the methodology used to develop the report, including the number of [small business](/usc/15/1691c–2.md?p=h-2) participants by industry, how those [small businesses](/usc/15/1691c–2.md?p=h-2) were selected, and any other factors that the [Chief Counsel for Advocacy](#b-1-B) may determine appropriate.
    - (B) **Delayed submission—** To ensure that negotiations for the [covered trade agreement](#b-1-C) are not disrupted, the President may require that the [Chief Counsel for Advocacy](#b-1-B) delay submission of the report under [subparagraph (A)](#b-3-A) until after the negotiations for the [covered trade agreement](#b-1-C) are concluded, provided that the delay allows the [Chief Counsel for Advocacy](#b-1-B) to submit the report to Congress not later than 45 days before the Senate or the House of Representatives acts to approve or disapprove the [covered trade agreement](#b-1-C).
    - (C) **Avoidance of duplication—** The [Chief Counsel for Advocacy](#b-1-B) shall, to the extent practicable, coordinate the submission of the report under this paragraph with the [United States](/usc/15/633.md?p=a) International Trade [Commission](/usc/15/78c.md?p=a-15), the [United States](/usc/15/633.md?p=a) Trade Representative, other [agencies](#b-1-A), and trade [advisory committees](/usc/15/8801.md?p=1) to avoid unnecessary duplication of reporting requirements.

# §634d. Staff and powers of Office of Advocacy


In carrying out the provisions of [sections 634a to 634g](/usc/15/634a..634g.md) of this title, the Chief Counsel for Advocacy may—

- (1) employ and fix the compensation of such additional staff personnel as is deemed necessary, without regard to the provisions of [title 5](/usc/5.md), governing appointments in the competitive service, and without regard to [chapter 51](/usc/15/ch51.md), and subchapter III of [chapter 53](/usc/15/ch53.md) of such title relating to classification and General Schedule pay rates but at rates not in excess of the lowest rate for GS–15 of the General Schedule: Provided, however, That not more than 14 staff personnel at any one time may be employed and compensated at a rate not in excess of GS–15, step 10, of the General Schedule;
- (2) procure temporary and intermittent services to the same extent as is authorized by [section 3109 of title 5](/usc/5/3109.md);
- (3) consult with experts and [authorities](/usc/15/3051.md?p=1) in the fields of [small business](/usc/15/1691c–2.md?p=h-2) investment, [venture capital](/usc/15/690.md?p=6), investment and commercial banking and other comparable [financial institutions](/usc/15/1681s–2.md?p=a-7-G-ii) involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest;
- (4) utilize the services of the National Advisory [Council](/usc/15/4601.md?p=c-1) established pursuant to the provisions of [section 637(b)(13) of this title](/usc/15/637.md?p=b-13) and in accordance with the provisions of such statute, also appoint such other advisory [boards](/usc/15/205c.md?p=1) or [committees](/usc/15/2921.md?p=1) as is reasonably appropriate and necessary to carry out the provisions of [sections 634a to 634g](/usc/15/634a..634g.md) of this title; and
- (5) hold hearings and sit and act at such times and places as he may deem advisable.

# §634e. Assistance of Government agencies


Each department, [agency](/usc/15/632.md?p=b), and instrumentality of the Federal Government is authorized and directed to furnish to the Chief Counsel for Advocacy such reports and other information as he deems necessary to carry out his functions under [sections 634a to 634g](/usc/15/634a..634g.md) of this title.


# §634f. Reports


The Chief Counsel may from time to time prepare and publish such reports as he deems appropriate. Not later than one year after June 4, 1976, he shall transmit to the Congress, the President and the [Administration](/usc/15/636e.md?p=1), a full report containing his findings and specific recommendations with respect to each of the functions referred to in [section 634b of this title](/usc/15/634b.md), including specific legislative proposals and recommendations for [administration](/usc/15/636e.md?p=1) or other action. Not later than 6 months after June 4, 1976, he shall prepare and transmit a preliminary report on his activities. The reports shall not be submitted to the Office of Management and Budget or to any other [Federal agency](/usc/15/632.md?p=b) or executive department for any purpose prior to transmittal to the Congress and the President.


# §634g. Budgetary line item and authorization of appropriations

- (a) **Appropriation requests—** Each budget of the [United States](/usc/15/633.md?p=a) Government submitted by the President under [section 1105 of title 31](/usc/31/1105.md) shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1), which shall be designated in a separate [account](/usc/15/1681a.md?p=r-4) in the General Fund of the Treasury.
- (b) **Administrative operations—** The [Administrator](/usc/15/637c.md?p=1) of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1) shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices.
- (c) **Authorization of appropriations—** There are authorized to be appropriated such sums as are necessary to carry out [sections 634a to 634g](/usc/15/634a..634g.md) of this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.