Page:United States Statutes at Large Volume 110 Part 1.djvu/884

 110 STAT. 860 PUBLIC LAW 104-121 —MAR. 29, 1996 5 USC 601 note. Subtltlc B—Regulatory Enforcement Reforms SEC. 221. DEFINITIONS. For purposes of this subtitle— (1) the terms "rule" and "small entity" have the same meanings as in section 601 of title 5, United States Code; (2) the term "agency" has the same meaning as in section 551 of title 5, United States Code; and (3) the term "small entity compliance guide" means a document designated as such by an agency. SEC. 222. SMALL BUSINESS AND AGRICULTURENFORCEMENT OMBUDSMAN. The Small Business Act (15 U.S.C. 631 et seq.) is amended— 15 USC 631 note. (1) by redesignating section 30 as section 31; and (2) by inserting after section 29 the following new section: 15 USC 657. "SEC. 30. 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); and "(2) 'Ombudsman' means the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under subsection (b). "(b) SBA ENFORCEMENT OMBUDSMAN. — "(1) Not later than 180 days after the date of enactment of this section, 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

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