---
kind: "section"
citation: "15 U.S.C. § 644a"
title: "15"
title_heading: "Commerce and Trade"
number: "644a"
heading: "Small Business Procurement Advisory Council"
release: "119-102"
url: "https://uscodex.org/usc/15/644a"
units:
  - "Chapter 14A — Aid to Small Business"
---

# §644a. Small Business Procurement Advisory Council

- (a) **Establishment—** There is hereby established an interagency [council](/usc/15/4601.md?p=c-1) to be known as the “[Small Business](/usc/15/1691c–2.md?p=h-2) Procurement Advisory [Council](/usc/15/4601.md?p=c-1)” (hereinafter in this section referred to as the “[Council](/usc/15/4601.md?p=c-1)”).
- (b) **Duties—** The duties of the [Council](/usc/15/4601.md?p=c-1) are—
  - (1) to develop positions on proposed procurement regulations affecting the [small business](/usc/15/1691c–2.md?p=h-2) community;
  - (2) to submit comments reflecting such positions to appropriate regulatory [authorities](/usc/15/3051.md?p=1);
  - (3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under [section 644(k) of this title](/usc/15/644.md?p=k) to determine the compliance of each Office with requirements under such section;
  - (4) to identify best practices for maximizing [small business](/usc/15/1691c–2.md?p=h-2) utilization in Federal contracting that may be implemented by [Federal agencies](/usc/15/632.md?p=b) having procurement powers; and
  - (5) to submit, annually, to the [Committee](/usc/15/2921.md?p=1) on [Small Business](/usc/15/1691c–2.md?p=h-2) of the House of Representatives and the [Committee](/usc/15/2921.md?p=1) on [Small Business](/usc/15/1691c–2.md?p=h-2) and Entrepreneurship of the Senate a report describing—
    - (A) the comments submitted under [paragraph (2)](#b-2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;
    - (B) the results of reviews conducted under [paragraph (3)](#b-3) during such 1-year period; and
    - (C) best practices identified under [paragraph (4)](#b-4) during such 1-year period.
- (c) **Membership—** The [Council](/usc/15/4601.md?p=c-1) shall be composed of the following members:
  - (1) The [Administrator](/usc/15/637c.md?p=1) of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1) (or the designee of the [Administrator](/usc/15/637c.md?p=1)).
  - (2) The Director of the [Minority Business](/usc/15/3704.md?p=c-8-E) Development [Agency](/usc/15/632.md?p=b).
  - (3) The head of each Office of Small and Disadvantaged Business Utilization in each [Federal agency](/usc/15/632.md?p=b) having procurement powers.
- (d) **Chairman—** The [Council](/usc/15/4601.md?p=c-1) shall be chaired by the [Administrator](/usc/15/637c.md?p=1) of the [Small Business](/usc/15/1691c–2.md?p=h-2) [Administration](/usc/15/636e.md?p=1) (or the designee of the [Administrator](/usc/15/637c.md?p=1)).
- (e) **Meetings—** The [Council](/usc/15/4601.md?p=c-1) shall meet at the call of the chairman as necessary to consider proposed procurement regulations affecting the [small business](/usc/15/1691c–2.md?p=h-2) community.
- (f) **Consideration of Council comments—** The Federal Acquisition Regulatory [Council](/usc/15/4601.md?p=c-1) and other appropriate regulatory [authorities](/usc/15/3051.md?p=1) shall consider comments submitted in a timely manner pursuant to [subsection (b)(2)](#b-2).

## Source credit

(Pub. L. 103–355, title VII, § 7104, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 112–239, div. A, title XVI, § 1692, Jan. 2, 2013, 126 Stat. 2089.)

## Notes

### Editorial Notes

### Codification

Section was formerly set out as a note under section 644 of this title.

Section was enacted as part of the Federal Acquisition Streamlining Act of 1994, and not as part of the Small Business Act which comprises this chapter.

### Amendments

2013—Subsec. (b)(3) to (5). Pub. L. 112–239, § 1692(a), added pars. (3) to (5).

Subsec. (c)(3). Pub. L. 112–239, § 1692(b), struck out “(established under section 644(k) of this title)” after “Utilization”.

Subsec. (d). Pub. L. 112–239, § 1692(c), inserted “(or the designee of the Administrator)” after “Small Business Administration”.