[CITE:
15USC634a]
TITLE 15--COMMERCE
AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 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 management 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,
Sec. 201, June 4, 1976, 90 Stat. 668.)
Codification
Section was not enacted as
part of the Small Business Act which comprises this chapter.
Section Referred
to in Other Sections
This section is referred to
in sections 634d, 634e, 634g of this title.
[CITE:
15USC634b]
TITLE 15--COMMERCE
AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 634b. Primary functions
of Office of Advocacy
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
\1\ effectively and expand to their full potential, and
to ascertain the common reasons, if any, for small business
successes and failures;
\1\ So in original. Probably should be ``compete''.
(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; and
(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.
(Pub. L. 94-305, title II, Sec. 202, June 4, 1976, 90 Stat.
668; Pub. L. 96-481, title II, Sec. 203(b), Oct. 21, 1980,
94 Stat. 2327.)
Codification
Section was not enacted as
part of the Small Business Act which comprises this chapter.
Amendments
1980--Par. (11). Pub. L. 96-481
added par. (11).
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
adjudications described in section 2412 of Title 28, Judiciary
and Judicial Procedure, which are pending on, or commenced
on or after Oct. 1, 1981, see section 208 of Pub. L. 96-481,
set out as an Effective Date note under section 504 of Title
5, Government Organization and Employees.
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,
Sec. 613, Oct. 22, 1994, 108 Stat. 4205, directed Chief
Counsel for Advocacy of the Small Business Administration
to conduct a study of the impact of all Federal regulatory,
paperwork, and tax requirements upon small business, and
report its findings to Congress not later than 1 year after
Oct. 22, 1994.
Section Referred
to in Other Sections
This section is referred to
in sections 634d to 634g of this title.
[CITE:
15USC634c]
TITLE 15--COMMERCE
AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 634c. Additional
duties of Office of Advocacy
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 this chapter 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; and
(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.
(Pub. L. 94-305, title II,
Sec. 203, June 4, 1976, 90 Stat. 669.)
Codification
Section was not enacted as
part of the Small Business Act which comprises this chapter.
Section Referred
to in Other Sections
This section is referred to
in sections 634d, 634e, 634g of this title
[CITE:
15USC634d]
TITLE
15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 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;
(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.
(Pub. L. 94-305, title II,
Sec. 204, June 4, 1976, 90 Stat. 669; Pub. L. 96-302, title
IV, Sec. 402, July 2, 1980, 94 Stat. 850; Pub. L. 103-403,
title VI, Secs. 605(b), 610, Oct. 22, 1994, 108 Stat. 4203,
4204.)
References in
Text
The provisions of title 5 governing
appointments in the competitive service, referred to in
par. (1), are classified to section 3301 et seq. of Title
5, Government Organization and Employees. 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, Secs.
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, Sec. 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.
Effective Date of 1980 Amendment Amendment 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. Section
Referred to in Other Sections This section is referred to
in sections 634e, 634g of this title.
[CITE:
15USC634e]
TITLE
15--COMMERCE AND TRADE CHAPTER
14A--AID TO SMALL BUSINESS
Sec. 634e. Assistance
of Government agencies
Each department,
agency, and instrumentality of the Federal Government is
authorized and directed to furnish to the Chief Counsel
for Advocacy such reports and other information as he deems
necessary to carry out his functions under sections 634a
to 634g of this title.
(Pub. L. 94-305,
title II, Sec. 205, June 4, 1976, 90 Stat. 670.)
Codification
Section was not
enacted as part of the Small Business Act which comprises
this chapter.
Section Referred
to in Other Sections
This section
is referred to in sections 634d, 634g of this title.
[CITE:
15USC634f]
TITLE 15--COMMERCE
AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 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, 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.
(Pub. L. 94-305, title II,
Sec. 206, June 4, 1976, 90 Stat. 670.)
Codification
Section was not enacted as
part of the Small Business Act which comprises this chapter.
Section Referred
to in Other Sections
This section is referred to
in sections 634d, 634e, 634g of this title.
[CITE:
15USC634g]
TITLE 15--COMMERCE
AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 634g. Authorization
of appropriations
There are authorized to be
appropriated not to exceed $1,000,000 to carry out the provisions
of sections 634a to 634g of this title. Any sums so appropriated
shall remain available until expended.
(Pub. L. 94-305, title II,
Sec. 207, June 4, 1976, 90 Stat. 671.)
Codification
Section was not enacted as
part of the Small Business Act which comprises this chapter.
Section Referred
to in Other Sections
This section is referred to
in sections 634d, 634e of this title.
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