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

Summary

The Office of Advocacy must keep doing several jobs to help small businesses. It must take complaints and suggestions about the Small Business Administration and other federal agencies that affect small businesses. It must help small businesses solve problems with the federal government. It must suggest policy changes to federal agencies to better meet the Small Business Act. It must speak up for small business interests before other agencies. It must work with public and private groups to spread information about federal programs and how small businesses can use them. It must also carry out its duties under chapter 6 of title 5. Some terms the law defines: "agency" (as in 5 U.S.C. 551), "Chief Counsel for Advocacy" (the SBA’s Chief Counsel), "covered trade agreement" (a trade deal under section 4202(b) of title 19), and "Working Group" (the Interagency Working Group below). Within 30 days after the President sends the notice required under section 4204(a) of title 19, the Chief Counsel must form an Interagency Working Group with one employee chosen from the U.S. Trade Representative, the Department of Commerce, the Department of Agriculture, and any other relevant agency. Within 30 days after the group starts, the Chief Counsel must pick a diverse set of small businesses or their representatives from manufacturing, services, and agriculture to advise the group. Within 180 days after the group starts, the Chief Counsel must send a report to the Senate Committees on Small Business and Entrepreneurship and Finance and the House Committees on Small Business and Ways and Means. The report must cover priorities, opportunities, and challenges by industry; effects on new exporters and export growth; industry competitive positions; any state-owned enterprises in negotiating countries that could threaten small businesses and steps to level the field; agency rules needing change for compliance; and the report’s methodology, including how many small businesses participated and how they were chosen. The President can require delaying the report until negotiations finish, but the report still must be sent to Congress no later than 45 days before either chamber acts to approve or disapprove the agreement. The Chief Counsel must, when possible, coordinate this report with the U.S. International Trade Commission, the U.S. Trade Representative, other agencies, and trade advisory committees to avoid duplicate reports.

Title 15, §634c

Commerce and Trade — Source: USLM XML via OLRC

(a)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)(1)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)(A)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)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)(A)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)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)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 & Related Subsidiaries

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. Donald J. Trump.

§634c Additional Duties of Office of Advocacy