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 Small Business of the Senate and the House of Rep- resentatives [Committee on Small Business of Senate now Committee on Small Business and Entrepreneur- ship of Senate] a report containing the Administra- tion’s findings and recommendations on such impact, specifically including changes in the interest rates on financings provided to small business concerns and small business concerns owned and controlled by mi- norities and women, through the use of the secondary market. The Administration shall segregate such find- ings and recommendations in the study according to the ethnic and gender components in these categories. Solely for the purposes of the study authorized herein, the term ‘small business concerns owned and controlled by minorities’, includes businesses owned and con- trolled by individuals belonging to one of the des- ignated groups listed in section 8(d)(3)(C) of the Small Business Act [15 U.S.C. 637(d)(3)(C)].’’ REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. VIABILITY OF SECONDARY MARKETS Pub. L. 102–366, title II, § 226, Sept. 4, 1992, 106 Stat. 1001, provided that: ‘‘The Administrator of the Small Business Administration is authorized and directed to take such actions in the awarding of contracts as is deemed necessary to assure the continued long-term vi- ability of the secondary markets in loans, debentures or other securities guaranteed by the Administration.’’ SMALL BUSINESS LOAN SECONDARY MARKET STUDY Pub. L. 102–366, title III, § 311, Sept. 4, 1992, 106 Stat. 1005, directed Secretary of the Treasury, Director of Congressional Budget Office, and Chairman of Securi- ties and Exchange Commission, in consultation with Administrator of Small Business Administration, to conduct a study of potential benefits of, and legal, reg- ulatory, and market-based barriers to, developing a secondary market for loans to small businesses, speci- fied considerations to be included in the study, and re- quired that, not later than 1 year after Sept. 4, 1992, a report be submitted to Congress on results of the study, including recommendations for legislation to facilitate development of a secondary market for loans to small businesses. APPROPRIATIONS NOT AUTHORIZED Pub. L. 98–352, § 6, July 10, 1984, 98 Stat. 332, provided that: ‘‘This Act [amending this section and sections 633 and 639 of this title and enacting provisions set out as notes under this section and section 631 of this title] does not authorize the appropriation of any funds.’’ SMALL BUSINESS PROTECTION Pub. L. 90–104, title III, §§ 301–303, Oct. 11, 1967, 81 Stat. 272, authorized Administrator of Small Business Ad- ministration to conduct a special study of impact on small business concerns of robbery, burglary, shop- lifting, vandalism, and other criminal activities, and report to President and to Congress results of study, in- cluding such recommendations he deemed appropriate for administrative and legislative action, within one year after Oct. 11, 1967. § 634a. Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy There is established within the Small Business Administration an Office of Advocacy. The man- agement 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. (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 Busi- ness Act which comprises this chapter. § 634b. Primary functions of Office of Advocacy The primary functions of the Office of Advo- cacy 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, pro- moting 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 Fed- eral subsidy and assistance programs for small business and the desirability of reducing the emphasis on such existing programs and in- creasing the emphasis on general assistance programs designed to benefit all small busi- nesses; (3) measure the direct costs and other effects of government regulation on small businesses; and make legislative and nonlegislative pro- posals for eliminating excessive or unneces- sary regulations of small businesses; (4) determine the impact of the tax structure on small businesses and make legislative and Page 800 TITLE 15—COMMERCE AND TRADE § 634c 1 So in original. Probably should be ‘‘compete’’. 2 So in original. 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 govern- ment demands for credit on small businesses; (6) determine financial resource availability and to recommend methods for delivery of fi- nancial assistance to minority enterprises, in- cluding methods for securing equity capital, for generating markets for goods and services, for providing effective business education, more effective management and technical as- sistance, 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 enter- prises; (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 cre- ating an environment in which all businesses will have the opportunity to complete 1 effec- tively 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 Con- ference 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 pri- vate industry, to assist small business con- cerns owned and controlled by veterans, as de- fined in section 632(q) of this title, and small business concerns owned and controlled by serviced-disabled 2 veterans, as defined in such section 632(q) of this title, and to provide sta- tistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator of the Small Business Adminis- tration and to the Congress in order to pro- mote the establishment and growth of those small business concerns. (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 Busi- ness 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 adju- dications described in section 2412 of Title 28, Judiciary and Judicial Procedure, which are pending on, or com- menced on or after Oct. 1, 1981, see section 208 of Pub. L. 96–481, set out as an Effective Date note under sec- tion 504 of Title 5, Government Organization and Em- ployees. 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 im- pact of all Federal regulatory, paperwork, and tax re- quirements 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 (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 con- cerning the policies and activities of the Ad- ministration and any other Federal agency which affects small businesses; (2) counsel small businesses on how to re- solve questions and problems concerning the relationship of the small business to the Fed- eral Government; (3) develop proposals for changes in the poli- cies and activities of any agency of the Fed- eral Government which will better fulfill the purposes of the Small Business Act and com- municate 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 informa- tion about the programs and services provided by the Federal Government which are of ben- efit 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 Of- fice 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