§ 657. — Oversight of regulatory enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC657]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 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.
(Pub. L. 85-536, Sec. 2[30], as added Pub. L. 104-121, title II,
Sec. 222(2), Mar. 29, 1996, 110 Stat. 860.)
References in Text
Section 7 of the Inspector General Act of 1978, referred to in
subsec. (b)(2)(B), is section 7 of Pub. L. 95-452, which is set out in
the Appendix to Title 5, Government Organization and Employees.
Prior Provisions
A prior section 2[30] of Pub. L. 85-536 was renumbered section 2[36]
and is set out as a note under section 631 of this title.
Effective Date
Section effective on expiration of 90 days after Mar. 29, 1996, see
section 224 of Pub. L. 104-121 set out in a Small Business Regulatory
Fairness note under section 601 of Title 5, Government Organization and
Employees.
