§634d — Title 15 Commerce and Trade | U.S. Code

Summary

The Chief Counsel for Advocacy may hire staff and set their pay to carry out sections 634a–634g. Normal federal hiring and pay rules do not apply, but pay may not exceed the lowest GS‑15 General Schedule rate; however, no more than 14 employees at any time may be paid up to GS‑15, step 10. They may also hire temporary help under section 3109 of title 5, consult experts in finance, law, economics, and academia, use the National Advisory Council (section 637(b)(13)) or other advisory boards, and hold hearings.

Title 15, §634d

Commerce and Trade — Source: USLM XML via OLRC

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 & Related Subsidiaries

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 AmendmentAmendment 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.

§634d Staff and powers of Office of Advocacy