15 U.S.C. § 634c — Additional duties of Office of Advocacy
submitted 50 years ago by Pub. L. 94-305 to r/title-15-COMMERCE-AND-TRADE · 856 words · no verdicts yet
The Office of Advocacy must continuously perform six duties for small businesses, including receiving complaints, advising businesses, proposing agency changes, representing small-business interests, sharing information about helpful federal programs and how small businesses can participate in or use them, and carrying out its title 5 duties.
(a) In general. The Office of Advocacy must continuously: (1) receive complaints, criticisms, and suggestions about the Administration* and federal agencies affecting small businesses; (2) advise small businesses how to resolve questions and problems in their relationship with the Federal Government; (3) propose changes to federal-agency policies and activities so they better fulfill the Small Business Act and communicate those proposals to the proper agencies; (4) represent small-business views and interests before affected federal agencies; (5) enlist public and private agencies, businesses, and organizations to share information about federal programs and services benefiting small businesses, and information about how small businesses can participate in or make use of those programs and services; and (6) perform its responsibilities under title 5, chapter 6. (b) Outreach and input from small businesses on trade promotion authority. (1) Definitions. (A) “Agency” has the meaning in title 5, section 551; this section does not define it. (B) “Chief Counsel for Advocacy” means the Small Business Administration’s Chief Counsel for Advocacy. (C) “Covered trade agreement” means an agreement negotiated under title 19, section 4202(b). (D) “Working Group” means the group convened under paragraph (2)(A). (2) Working group. (A) Within 30 days after the President submits the notice required by title 19, section 4204(a), the Chief Counsel must convene a group with one selected employee from the U.S. Trade Representative, Commerce, Agriculture, and any other agency the Chief Counsel and Trade Representative find relevant. (B) Within 30 days after convening it, the Chief Counsel must identify a diverse group of small businesses or representatives to give the group views on the agreement’s possible economic effects on manufacturing, services, and agriculture. (3) Report. (A) Within 180 days after convening the group, the Chief Counsel must report to the listed House and Senate committees on the agreement’s effects on small businesses. The report must identify industry priorities, opportunities, and challenges; assess effects on new or expanding small-business exporters; analyze affected industries’ competitiveness; identify potentially threatening state-owned enterprises and steps for a level playing field; identify agency rules needing changes for compliance; and explain the methods used, including participants by industry, selection, and other appropriate factors. (B) The President may delay the report until negotiations end to avoid disruption, but the delay must permit submission at least 45 days before either House acts on the agreement. (C) The Chief Counsel must, when practicable, coordinate the report with the International Trade Commission, Trade Representative, other agencies, and trade advisory committees to avoid unnecessary duplication.
The Office of Advocacy shall also perform the following duties on a continuing basis:
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;
counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government;
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;
represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small business;
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
carry out the responsibilities of the Office of Advocacy under chapter 6 of title 5.
In this subsection—
the term “agency” has the meaning given the term in section 551 of title 5;
the term “Chief Counsel for Advocacy” means the Chief Counsel for Advocacy of the Small Business Administration;
the term “covered trade agreement” means a trade agreement being negotiated pursuant to section 4202(b) of title 19; and
the term “Working Group” means the Interagency Working Group convened under paragraph (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:
The Office of the United States* Trade Representative.
The Department of Commerce.
The Department of Agriculture.
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.
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.
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—
identify the most important priorities, opportunities, and challenges to various industries from the covered trade agreement;
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;
analyze the competitive position of industries likely to be significantly affected by the covered trade agreement;
identify—
any State-owned enterprises in each country participating in negotiations for the covered trade agreement that could pose a threat to small businesses; and
any steps to take to create a level playing field for those small businesses;
identify any rule of an agency that should be modified to become compliant with the covered trade agreement; and
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.
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.
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.
Source credit: (Pub. L. 94–305, title II, § 203, June 4, 1976, 90 Stat. 669; Pub. L. 111–240, title I, § 1602(a), Sept. 27, 2010, 124 Stat. 2551; Pub. L. 114–125, title V, § 502, Feb. 24, 2016, 130 Stat. 172.)
- 1976Enacted · Pub. L. 94-305 · 90 Stat. 669
- 2010Amended · Pub. L. 111-240 · 124 Stat. 2551
- 2016Amended · Pub. L. 114-125 · 130 Stat. 172
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-305 on 1976-06-04.
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