Those who have read George R.R. Martin’s A Song of Ice and Fire, or followed its HBO adaption, Game of Thrones, will recognize the
title of this farewell message as the customary finish to the eulogy for a
fallen member of the Night’s Watch. For the uninitiated, in Mr. Martin’s
fictional world, the Night’s Watch is a military order dedicated to holding the
Wall, the immense fortification on the northern border of the Seven Kingdoms, which
protects the lands south of the Wall from the dangers that lurk beyond it.
Those who join the Night’s Watch take a vow that starts, “Night gathers, and
now my watch begins.”
Like the Night’s Watch, Advocacy’s staff “holds the Wall” against
regulations that have a disproportionate impact on small entities by monitoring
compliance with the Regulatory Flexibility Act, and observes and studies how economic
trends effect small entities.
Since my watch began 13 months ago, Advocacy has steadfastly performed
its duties. Advocacy has issued comment letters, participated on SBREFA panels,
conducted roundtables and outreach events in Washington, D.C. and throughout
the country, attended Executive Order 12866 conferences, and published several
economic studies and reports. Through these activities I met with small
business owners and their representatives, and heard their views on how regulations
affect small business.
Three events representing Advocacy’s past, present, and future stand
out. Representing the past is the Advocacy Anniversary Symposium, which
simultaneously commemorated the 40th anniversary of Advocacy’s creation, 35
years of the RFA, 20 years of SBREFA, and 15 years of Executive Order 13272. I
consider the panel that featured five of the six former Chief Counsels: Frank
Swain, Thomas Kerester, Jere W. Glover, Thomas M. Sullivan, and Winslow
Sargeant, the day’s highlight. They discussed Advocacy’s foundations and its
evolution as an independent agency addressing how federal and state policies affect
small businesses and entrepreneurship.
The revamping of Advocacy’s publications, led by the Office of Economic
Research and the Office of Public Affairs and Information, represents the
present. The 2016 Small Business Profiles
for the States and Territories included new data visualizations and
graphics, were completely revised to be fully transparent and reproducible by
public users, and can be updated between releases. In 2017, OER intends to roll
out these new user interfaces, and make them web and mobile phone compatible as
well. In addition, OER is also working to make the Statistics of U.S.
Businesses (SUSB) data more user-friendly for both regulatory agencies and
small business stakeholders, and is completely revamping and updating the Small
Business GDP report using the same principles regarding data, reproducibility,
and transparency.
The Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), signed
by President Obama last February, represents the future. Under TFTEA, whenever
the President notifies Congress of the intention to enter into international trade
negotiations, the Chief Counsel must convene an Interagency Working Group (IWG); comprised of representatives from the Departments of
Commerce, Agriculture, and the Office of Trade Representative, and conduct
small business outreach in the manufacturing, services, and agriculture sectors
to gather input on the trade agreement’s potential economic effects. With
this information, the IWG is to report to Congress on the most important
priorities, opportunities, and challenges affecting these industry sectors, and
provide (1) an analysis of the economic impact on various industries, (2) information
on state-owned enterprises, (3) recommendations to create a level playing field
for U.S. small businesses, and (4) information on federal regulations that
should be modified in compliance with the potential trade agreement. Congress’
decision to make Advocacy a key player on international trade exemplifies
Advocacy’s reputation as the independent agency within the federal government that
speaks for small business.
All of Advocacy’s achievements during my watch were due to its amazing staff;
to them I owe a special debt of gratitude. It has been a distinct pleasure to
work alongside such an outstanding group of bright, dedicated, professional, and
incredibly skilled individuals.
In closing, I thank President Obama for the confidence in my abilities
he demonstrated by making this appointment. I thank my family for the
sacrifices they made that allowed me to serve as Chief Counsel. Finally, I
thank Advocacy’s extended family of stakeholders for their support of me and
the Office. Advocacy deeply appreciates the help of its friends in small
business organizations, trade associations, congressional offices, and
executive branch agencies. I hope that the connections we made during this time
live on. Night is gathering, but as for me, my watch is ended.
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