PRIA, Government Policy, Made Personal

Summary

The Office of Advocacy must do several things all the time to help small businesses. It must take complaints and ideas about federal actions that affect small firms. It must help small businesses fix problems with the federal government. It must make and share suggestions to change federal policies to better help small businesses, and speak for small businesses to other federal agencies. It must work with public and private groups to spread the word about federal programs that help small businesses and how to use them. It must also carry out its duties under chapter 6 of title 5. Definitions: "agency" — the meaning in section 551 of title 5; "Chief Counsel for Advocacy" — the SBA official in charge; "covered trade agreement" — a trade deal being negotiated under section 4202(b) of title 19; "Working Group" — the interagency team the Chief Counsel will form. Not later than 30 days after the President sends the notice under section 4204(a) of title 19, the Chief Counsel must form an Interagency Working Group with staff from the U.S. Trade Representative, Commerce, Agriculture, and any other relevant agencies. Within 30 days after the group starts, the Chief Counsel must pick a diverse set of small businesses or their reps to give views on how the trade deal could affect manufacturing, services, and agriculture. Within 180 days after the group starts, the Chief Counsel must send Congress a report on the trade deal’s economic effects on small businesses. The report must identify main priorities, opportunities, and challenges; assess effects on new small exporters or on increasing exports; analyze competitive positions of affected industries; point out state-owned enterprises that could threaten small businesses and steps to level the field; note any agency rules that should be changed to meet the agreement; and explain how the report was made, including how many small businesses took part and how they were chosen. The President may delay the report to avoid disrupting negotiations, but it still must be sent no later than 45 days before either House acts. The Chief Counsel should coordinate with other agencies and advisory committees to avoid repeating work.

Title 15, §634c

Commerce and Trade, Source: USLM XML via OLRC

(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)

(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 & 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