Facing Unfair or Excessive Regulatory Enforcement Actions?

Office of the National Ombudsman Is Available to Assist America’s Small Businesses with Federal Regulatory Enforcement Actions

When America’s small businesses face unfair or excessive federal regulatory enforcement actions, the Office of the National Ombudsman at the U.S. Small Business Administration is available to ensure fairness in the enforcement process.

Created by Congress through the Small Business Regulatory Enforcement Fairness Act, the Office of the National Ombudsman’s primary function is to work with small businesses and federal agencies to ensure that regulatory or compliance actions are handled and enforced fairly by all federal agencies. The National Ombudsman is empowered to receive, substantiate, and report to Congress complaints and comments from small business owners regarding regulatory enforcement actions taken against small businesses by federal agencies.

“The National Ombudsman helps small businesses navigate the seas of federal regulatory enforcement. With a strengthening regulatory paradigm, it is essential that regulatory enforcement be effective, and not excessive,” National Ombudsman and Assistant Administrator for Regulatory Enforcement Fairness Nicholas N. Owens said. “The National Ombudsman’s focus will continue to enhance transparency for small businesses served, and strengthen the relationship between the small business community and the government.”

It is the primary mission of the Office of the National Ombudsman to assist small businesses when they experience excessive or unfair federal regulatory enforcement actions, such as repetitive audits or investigations, excessive fines, penalties, threats, retaliation or other unfair enforcement action by a federal agency.

Also, the National Ombudsman’s office works with 10 regional fairness boards whose membership is comprised of 50 small business owners from across the country. The ONO works closely with more than 35 federal regulatory agencies to resolve complaints about excessive enforcement of federal regulations brought to the attention of the National Ombudsman during hearings and roundtables held in cities nationwide.

Additional information about the Office of the National Ombudsman is available at http://www.business.gov/contacts/ombudsman.html

Obama Support for Loophole Will Hurt Small Biz

Considering the dire state of our nation's economy, President-elect Barack Obama was expected to support existing federal small business programs and propose new policies that would stimulate the middle class economy and create jobs for our nation's 30 million small businesses. But, it looks like his appointment of Karen Mills, Venture Capitalist, to head the U.S. Small Business Administration, indicates he will support H.R. 3567, a loophole that will hurt small business.

Mills is president of MMP Group, a private equity investor and adviser since 1993. From 1999 to 2007 she was founding partner and managing director of Solera Capital, a New York based venture capital firm. She is lead director of Scotts Miracle-Gro. Her husband is president of Bowdoin College.

There appears to be a significant disconnect between President-elect Obama's campaign promises to American small businesses and the actual policies he is proposing.

In February, Obama released the following statement, "Over half of all Americans work for a small business. Small businesses are the backbone of our nation's economy and we must protect this great resource. It is time to end the diversion of federal small business contracts to corporate giants." (http://www.barackobama.com/2008/02/26/the_american_small_business_le.php)

Any mention of President-elect Obama's February statement, or specific plans to stop the flow of federal small business contracts to "corporate giants" are conspicuously absent from the Obama-Biden Transition Team website, www.change.gov.

Change.gov and the Obama-Biden campaign website, www.barackobama.com, significantly minimize the importance of our nation's small businesses, which employ more than 50 percent of all Americans.

Less important topics such as "Rural" and "Service" received major headings under the issues section of the Obama-Biden campaign website while issues relating to America's small businesses, which create over 80 percent of all new jobs were relegated to the site's lower priority people section between "Seniors" and "Sportsmen." (http://my.barackobama.com/page/content/sbhome/)

The American Small Business League (ASBL) is predicting the Obama Administration may be preparing to roll out policies and legislation that could have a severe negative impact on the small businesses he acknowledged were the "backbone of our nation's economy."

From January 2001 to October 2008, Obama received more than $1 million in campaign contributions from the venture capital industry, according to Maplight.org. The site also indicates that the venture capital industry contributed heavily to senior Democratic leadership. (http://www.maplight.org/map/us/interest/F2500)

The ASBL predicts President-elect Obama will support H.R. 3567, the Small Business Investment Expansion Act of 2007, which will create a new loophole in federal contracting law that will allow our nation's wealthiest investors to receive billions of dollars in federal small business contracts. The venture capital industry has spent millions of dollars lobbying Democratic leaders, including House Speaker Nancy Pelosi, to have the legislation passed.

"I predict President-elect Obama will not restore the Small Business Administration's budget and staffing as he promised during the campaign. I don't think he will do anything to stop Fortune 500 firms from receiving federal small business contracts," ASBL President Lloyd Chapman said. "I believe he will sign legislation to create another colossal loophole that will divert billions more in federal small business contracts to billionaire venture capitalists. People need to start noticing the dramatic difference between what Obama said during the campaign and what he is actually doing."

Helping Small Biz In These Tough Times

The Great American Small Business Challenge is a new, national non-profit event, co-sponsored by over 25 SBA funded Small Business Development Centers. The Challenge has been created to help small business owners develop the essential leadership skills they need to cope with the current economic crisis. All Challenge participants receive free access to valuable organizational-improvement software, leadership-training and support.

"Small Business owners feel like they hit a brick wall. Sales are slipping, accounts receivables are mounting and vendors are tightening their credit terms. To survive the current economic downturn companies need to operate at peak performance," says Michael Kramer, co-founder of the Great American Small Business Challenge.

The Great American Small Business Challenge is a new, national, non-profit event created to help small business owners develop the essential leadership skills they need to create a flexible, resilient and sustainable company. The Challenge is co-sponsored by over 25 SBA funded Small Business Development Centers who provide Challenge participants with free access to valuable organizational-improvement software, leadership-training and support.

According to data collected from the US Department of Commerce and the Small Business Administration, there are over 25 million small businesses in the United States. Small businesses employ over 54 million Americans and contribute 40% of our Gross National Product.

"Considering the important role small businesses play in our economy, not enough is being done to help them maximize their success," says Jean Kulig-Tucker, co-founder of the Challenge. "The Challenge has been created to give small business owners the practical tools they need to streamline their operations so they can thrive in any economy," emphasizes Kulig-Tucker. Small Businesses can signup for the Challenge at The Great American Small Business Challenge web site: www.TheGreatAmericanSmallBusinessChallenge.com.