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Senate Committee Moving on Small Business “Watchdog” Nominee

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By Karen Kerrigan-

On February 14, the U.S. Senate Committee on Small Business and Entrepreneurship hosted a confirmation hearing on the nomination of David C. Tryon as the Chief Counsel for the Office of Advocacy at the U.S. Small Business Administration.

The position, which leads an independent office within the SBA, is an important one for entrepreneurs as it is a watchdog for small businesses in the federal government and ensures that regulators are following the law (the Regulatory Flexibility Act) as it relates to assessing the impact of proposed regulations on small business and taking appropriate action to alleviate costs, complexity and compliance. The office is a voice for small business, publishes research, and oversees ten regional advocates that work with the small business community across the country.

In his opening statement Chairman Jim Risch (R-ID) noted that filling this role is an important priority for small businesses as having a Chief Counsel in place would provide “clear direction on regulatory reform.” The Chairman voiced strong support for Tryon, and stated that he “would be effective in the role.”

Tryon, an Ohio resident, brings both legal and small business experience to the position. He has represented small businesses in his law firm, has helped to run a small farm and is surrounded by family members who are small business owners. In his testimony and dialog with committee members, he pledged to work closely with the small business community on a range of issues and to be accessible and inclusive if confirmed by the Senate.

“I will zealously advocate for veteran-owned, minority-owned and women-owned businesses,” said Tryon.

Read Tryon’s statement for the record here.

Ranking Member Senator Ben Cardin (D-MD) noted that the Office of Advocacy must be independent from the Administration, and the Chief Counsel “must be an advocate on a nonpartisan basis.”

Ranking Member Cardin brought up issues where there may be “conflict.” For example he described the net neutrality issue as a “building conflict between large companies and small businesses.” Both he and Senator Jeanne Shaheen (D-NH) also brought up the issue of offshore drilling and how nominee Tryon would handle that issue given it could impact small businesses on the coast if there ever there was an oil spill.  On both matters, Tryon pledged to listen to small businesses regarding their concerns.

“I will listen to those small businesses and advocate on their behalf,” said Tryon.

SBE Council signed a joint letter from the small community voicing support for Tryon and urged the committee to act expeditiously on his nomination.  The letter noted that there is significant work underway within federal agencies in response to President Trump’s executive orders on regulation and that it is important for small business to have “a place at the federal policy table.” As communicated by the letter:

“The Office of Advocacy now oversees the implementation of several laws and executive orders that are intended to bolster the Chief Counsel’s authority to represent the interests of the small business community.

We ask that the Committee expeditiously approve David C. Tryon and report his nomination to the full Senate so that one of the Administration’s senior advocates for small businesses can get to work.”

During the past year, the Office of Advocacy has been very active listening to small businesses in response to President Trump’s executive orders. It has hosted numerous roundtables across the country and created an online platform to hear from small businesses about their ideas for reducing, streamlining or repealing specific regulations across government.  Having a Chief Counsel in place would provide the office with leadership to take its work to the next level and to address current issues before the Congress and within the regulatory agencies.

The committee has not yet set a date for a vote on Tryon’s nomination, which if approved, would then go to the full Senate for a vote. SBE Council is urging the committee to move quickly and for Senate leadership to follow suit once the nomination is advanced by committee.

The committee also heard from Hannibal Ware, nominated for Inspector General at the SBA.

Karen Kerrigan is president & CEO, Small Business & Entrepreneurship Council. 


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