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15 U.S.C. § 634b — Primary functions of Office of Advocacy

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 634b — Primary functions of Office of Advocacy

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Source file: Laws/federal/codes/united-states-code/title-15/section-634b-primary-functions-of-office-of-advocacy--3e1a08f4fd.md
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Source location: Title 15, Chapter 14A, § 634b; chapter-14a-aid-to-small-business.md

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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 complete 11 So in original. Probably should be “compete”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section504/e&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/q&num=0&edition=prelim), and small business concerns owned and controlled by serviced-disabled 22 So in original. veterans, as defined in such [section 632(q) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/q&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 591 — Purposes

The purposes of this subchapter are— (1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest; (2) to promote more effective public participation and efficiency in the rulemaking process; (3) to reduce unnecessary litigation in the regulatory process; (4) to improve the use of science in the regulatory process; and (5) to improve the effectiveness of laws applicable to the regulatory process.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2412 — Costs and fees

**(a)** (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee. **(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 634d — Staff and powers of Office of Advocacy

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/b/13&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 634d

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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, a full report containing his findings and specific recommendations with respect to each of the functions referred to in [section 634b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section634b&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 634b — Primary functions of Office of Advocacy

Page 799 TITLE 15—COMMERCE AND TRADE § 634b ministration, the Administration shall provide to the Committees a copy of the draft and final plans describ- ing the sale and the anticipated benefits resulting from such sale.’’ PREFERRED LENDER STANDARD REVIEW PROGRAM Pub. L. 104–208, div. D, title I, § 103(h), Sept. 30, 1996, 110 Stat. 3009–728, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Sept. 30, 1996], the Administrator shall commence a standard re- view program for the Preferred Lender Program estab- lished by section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)), which shall include annual or more frequent assessments of the participation of the lender in the program, including defaults, loans, and recov- eries of loans made by that lender under the authority of this section. The Administrator shall require such standard review for each new entrant to the Preferred Lender Program.’’ STUDY AND REPORT REGARDING 1993 AMENDMENTS TO IMPOSE SECONDARY MARKET FEES AND TO REDUCE LOAN GUARANTEE PERCENTAGES Pub. L. 103–81, § 6, Aug. 13, 1993, 107 Stat. 782, provided that: ‘‘The Administration shall study, monitor and evaluate the impact of the amendments made by sec- tions 3 and 5 of this Act [amending this section and sec- tion 636 of this title] on the ability of small business concerns and small business concerns owned and con- trolled by minorities and women, to obtain financing and the impact of such sections on the effectiveness, vi- ability and growth of the secondary market authorized by section 5(f) of the Small Business Act [subsec. (f) of this section]. Not later than 16 months after the date of enactment [Aug. 13, 1993], and annually thereafter, the Administration shall submit to the Committees on

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