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U.S. Code as of:
01/19/04
Section 657. Oversight of regulatory enforcement
(a) Definitions
For purposes of this section, the term -
(1) "Board" means a Regional Small Business Regulatory Fairness
Board established under subsection (c) of this section; and
(2) "Ombudsman" means the Small Business and Agriculture
Regulatory Enforcement Ombudsman designated under subsection (b)
of this section.
(b) SBA Enforcement Ombudsman
(1) Not later than 180 days after March 29, 1996, the
Administrator shall designate a Small Business and Agriculture
Regulatory Enforcement Ombudsman, who shall report directly to the
Administrator, utilizing personnel of the Small Business
Administration to the extent practicable. Other agencies shall
assist the Ombudsman and take actions as necessary to ensure
compliance with the requirements of this section. Nothing in this
section is intended to replace or diminish the activities of any
Ombudsman or similar office in any other agency.
(2) The Ombudsman shall -
(A) work with each agency with regulatory authority over small
businesses to ensure that small business concerns that receive or
are subject to an audit, on-site inspection, compliance
assistance effort, or other enforcement related communication or
contact by agency personnel are provided with a means to comment
on the enforcement activity conducted by such personnel;
(B) establish means to receive comments from small business
concerns regarding actions by agency employees conducting
compliance or enforcement activities with respect to the small
business concern, means to refer comments to the Inspector
General of the affected agency in the appropriate circumstances,
and otherwise seek to maintain the identity of the person and
small business concern making such comments on a confidential
basis to the same extent as employee identities are protected
under section 7 of the Inspector General Act of 1978 (5 U.S.C.
App.);
(C) based on substantiated comments received from small
business concerns and the Boards, annually report to Congress and
affected agencies evaluating the enforcement activities of agency
personnel including a rating of the responsiveness to small
business of the various regional and program offices of each
agency;
(D) coordinate and report annually on the activities, findings
and recommendations of the Boards to the Administrator and to the
heads of affected agencies; and
(E) provide the affected agency with an opportunity to comment
on draft reports prepared under subparagraph (C), and include a
section of the final report in which the affected agency may make
such comments as are not addressed by the Ombudsman in revisions
to the draft.
(c) Regional Small Business Regulatory Fairness Boards
(1) Not later than 180 days after March 29, 1996, the
Administrator shall establish a Small Business Regulatory Fairness
Board in each regional office of the Small Business Administration.
(2) Each Board established under paragraph (1) shall -
(A) meet at least annually to advise the Ombudsman on matters
of concern to small businesses relating to the enforcement
activities of agencies;
(B) report to the Ombudsman on substantiated instances of
excessive enforcement actions of agencies against small business
concerns including any findings or recommendations of the Board
as to agency enforcement policy or practice; and
(C) prior to publication, provide comment on the annual report
of the Ombudsman prepared under subsection (b) of this section.
(3) Each Board shall consist of five members, who are owners,
operators, or officers of small business concerns, appointed by the
Administrator, after receiving the recommendations of the chair and
ranking minority member of the Committees on Small Business of the
House of Representatives and the Senate. Not more than three of the
Board members shall be of the same political party. No member shall
be an officer or employee of the Federal Government, in either the
executive branch or the Congress.
(4) Members of the Board shall serve at the pleasure of the
Administrator for terms of three years or less.
(5) The Administrator shall select a chair from among the members
of the Board who shall serve at the pleasure of the Administrator
for not more than 1 year as chair.
(6) A majority of the members of the Board shall constitute a
quorum for the conduct of business, but a lesser number may hold
hearings.
(d) Powers of Boards
(1) The Board may hold such hearings and collect such information
as appropriate for carrying out this section.
(2) The Board may use the United States mails in the same manner
and under the same conditions as other departments and agencies of
the Federal Government.
(3) The Board may accept donations of services necessary to
conduct its business, provided that the donations and their sources
are disclosed by the Board.
(4) Members of the Board shall serve without compensation,
provided that, members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter
57 of title 5 while away from their homes or regular places of
business in the performance of services for the Board.
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