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15 U.S.C. §§ 634a–634g

7 sections in range

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

15 U.S.C. § 634a

There is established within the Small Business Administration 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.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 201, June 4, 1976, 90 Stat. 668.)

Editorial Notes

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

§634b. Primary functions of Office of Advocacy

15 U.S.C. § 634b

The primary functions of the Office of Advocacy shall be to—
(1)
examine the role of small business in the American economy and the contribution which small business 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 for small business and the desirability of reducing the emphasis on such existing programs and increasing the emphasis on general assistance programs designed to benefit all small businesses;
(3)
measure the direct costs and other effects of government regulation on small businesses; and make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulations of small businesses;
(4)
determine the impact of the tax structure on small businesses and make legislative and other proposals for altering the tax structure to enable all small businesses 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 credit needs and determine the impact of government demands for credit on small businesses;
(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, and local law;
(7)
evaluate the efforts of Federal agencies, 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 enterprises;
(9)
recommend specific measures for creating an environment in which all businesses will have the opportunity to complete1 effectively and expand to their full potential, and to ascertain the common reasons, if any, for small business successes and failures;
(10)
determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate;
(11)
advise, cooperate with, and consult with, the Chairman of the Administrative Conference of the United States with respect to section 504(e) of title 5; and
(12)
evaluate the efforts of each department and agency of the United States, and of private industry, to assist small business concerns owned and controlled by veterans, as defined in section 632(q) of this title, and small business concerns owned and controlled by serviced-disabled2 veterans, as defined in such section 632(q) of this title, and to provide statistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator of the Small Business Administration and to the Congress in order to promote the establishment and growth of those small business concerns.

Footnotes

  1. 1 So in original. Probably should be “compete”.
  2. 2 So in original.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 202, June 4, 1976, 90 Stat. 668; Pub. L. 96–481, title II, § 203(b), Oct. 21, 1980, 94 Stat. 2327; Pub. L. 106–50, title VII, § 702, Aug. 17, 1999, 113 Stat. 250.)

Editorial Notes

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

Amendments

1999—Par. (12). Pub. L. 106–50 added par. (12).

1980—Par. (11). Pub. L. 96–481 added par. (11).

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–481 effective Oct. 1, 1981, and applicable to adversary adjudication as defined in section 504(b)(1)(C) of Title 5, Government Organization and Employees, and to civil actions and adversary adjudications described in section 2412 of Title 28, Judiciary and Judicial Procedure, which are pending on, or commenced on or after Oct. 1, 1981, see section 208 of Pub. L. 96–481, set out as an Effective Date note under section 504 of Title 5, Government Organization and Employees.

Termination of Administrative Conference of United States

For termination of Administrative Conference of United States, see provision of title IV of Pub. L. 104–52, set out as a note preceding section 591 of Title 5, Government Organization and Employees.

Advocacy Study of Paperwork and Tax Impact

Pub. L. 103–403, title VI, § 613, Oct. 22, 1994, 108 Stat. 4205, directed Chief Counsel for Advocacy of the Small Business Administration to conduct a study of the impact of all Federal regulatory, paperwork, and tax requirements upon small business, and report its findings to Congress not later than 1 year after Oct. 22, 1994.

§634c. Additional duties of Office of Advocacy

15 U.S.C. § 634c

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

(Pub. L. 94–305, title II, § 203, June 4, 1976, 90 Stat. 669; Pub. L. 111–240, title I, § 1602(a), Sept. 27, 2010, 124 Stat. 2551; Pub. L. 114–125, title V, § 502, Feb. 24, 2016, 130 Stat. 172.)

Editorial Notes

References in Text

The Small Business Act, referred to in subsec. (a)(3), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 631 of this title and Tables.

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

Amendments

2016—Pub. L. 114–125 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2010—Par. (6). Pub. L. 111–240 added par. (6).

Executive Documents

Delegation of Authority Under 15 U.S.C. 634c(b)(3)(B)

Memorandum of President of the United States, Oct. 9, 2020, 85 F.R. 65631, provided:

Memorandum for the United States Trade Representative

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the United States Trade Representative the authority vested in the President by section 634c(b)(3)(B) of title 15, United States Code.

You are authorized and directed to publish this memorandum in the Federal Register.

§634d. Staff and powers of Office of Advocacy

15 U.S.C. § 634d

In carrying out the provisions of sections 634a to 634g 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, governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 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;
(3)
consult with experts and authorities in the fields of small business investment, venture capital, investment and commercial banking and other comparable financial institutions 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 established pursuant to the provisions of section 637(b)(13) of this title and in accordance with the provisions of such statute, also appoint such other advisory boards or committees as is reasonably appropriate and necessary to carry out the provisions of sections 634a to 634g of this title; and
(5)
hold hearings and sit and act at such times and places as he may deem advisable.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 204, June 4, 1976, 90 Stat. 669; Pub. L. 96–302, title IV, § 402, July 2, 1980, 94 Stat. 850; Pub. L. 103–403, title VI, §§ 605(b), 610, Oct. 22, 1994, 108 Stat. 4203, 4204.)

Editorial Notes

References in Text

The General Schedule, referred to in par. (1), is set out under section 5332 of Title 5.

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

Amendments

1994—Pub. L. 103–403, §§ 605(b), 610(1), in introductory provisions substituted “provisions of sections 634a to 634g of this title, the Chief” for “provisions of section 634b of this title, after consultation with and subject to the approval of the Administrator, the Chief”.

Par. (1). Pub. L. 103–403, § 610(2), substituted “14” for “ten” before “staff personnel”.

1980—Par. (1). Pub. L. 96–302 authorized employment at any one time of ten staff personnel at rate of compensation not in excess of GS–15, step 10, of the General Schedule.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–302 effective Oct. 1, 1980, see section 507 of Pub. L. 96–302, set out as a note under section 631 of this title.

§634e. Assistance of Government agencies

15 U.S.C. § 634e

Each department, agency, 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 of this title.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 205, June 4, 1976, 90 Stat. 670.)

Editorial Notes

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

§634f. Reports

15 U.S.C. § 634f

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, a full report containing his findings and specific recommendations with respect to each of the functions referred to in section 634b of this title, including specific legislative proposals and recommendations for administration 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 or executive department for any purpose prior to transmittal to the Congress and the President.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 206, June 4, 1976, 90 Stat. 670.)

Editorial Notes

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

§634g. Budgetary line item and authorization of appropriations

15 U.S.C. § 634g

(a)
Appropriation requests— Each budget of the United States Government submitted by the President under section 1105 of title 31 shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the Small Business Administration, which shall be designated in a separate account in the General Fund of the Treasury.
(b)
Administrative operations— The Administrator of the Small Business Administration 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 of this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.
Notes, amendments, and revision history

(Pub. L. 94–305, title II, § 207, as added Pub. L. 111–240, title I, § 1602(b), Sept. 27, 2010, 124 Stat. 2551.)

Editorial Notes

Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.

Prior Provisions

A prior section 634g, Pub. L. 94–305, title II, § 207, June 4, 1976, 90 Stat. 671, related to authorization of appropriations, prior to repeal by Pub. L. 111–240, title I, § 1602(b), Sept. 27, 2010, 124 Stat. 2551.