Page:United States Statutes at Large Volume 110 Part 1.djvu/885

 PUBLIC LAW 104-121—MAR. 29, 1996 110 STAT. 861 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 Establishment. BOARDS.— "(1) Not later than 180 days after the date of enactment of this section, 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). "(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 THE 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.

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