Usc 657

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§ 657

TITLE 15—COMMERCE AND TRADE

plement an annual programmatic and financial examination of each women’s business center established
pursuant to this section.
‘‘(2) EXTENSION OF CONTRACTS.—In extending or renewing a contract with a women’s business center, the
Administrator shall consider the results of the examination conducted under paragraph (1).’’
Subsec. (j). Pub. L. 106–165, § 3(2), added subsec. (j) and
struck out heading and text of former subsec. (j). Text
read as follows: ‘‘The Administrator shall prepare and
submit an annual report to the Committees on Small
Business of the House of Representatives and the Senate on the effectiveness of all projects conducted under
the authority of this section. Such report shall provide
information concerning—
‘‘(1) the number of individuals receiving assistance;
‘‘(2) the number of startup business concerns
formed;
‘‘(3) the gross receipts of assisted concerns;
‘‘(4) increases or decreases in profits of assisted concerns; and
‘‘(5) the employment increases or decreases of assisted concerns.’’
Subsec. (k)(1). Pub. L. 106–165, § 4(b)(1), added par. (1)
and struck out heading and text of former par. (1). Text
read as follows: ‘‘There is authorized to be appropriated
$11,000,000 for each fiscal year to carry out the projects
authorized under this section, of which, for fiscal year
1998, not more than 5 percent may be used for administrative expenses related to the program under this section.’’
Pub. L. 106–17, § 3, substituted ‘‘$11,000,000’’ for
‘‘$8,000,000’’.
Subsec. (k)(2). Pub. L. 106–165, § 4(b)(2), designated existing provisions as subpar. (A), inserted heading, substituted ‘‘Except as provided in subparagraph (B),
amounts made’’ for ‘‘Amounts made’’, and added subpar. (B).
Subsec. (k)(4). Pub. L. 106–165, § 4(b)(3), added par. (4).
Subsec. (l). Pub. L. 106–165, § 4(a), added subsec. (l).
1997—Pub. L. 105–135 amended section generally, substituting provisions relating to women’s business center program for provisions relating to women’s demonstration projects.
1994—Subsec. (g). Pub. L. 103–403, § 411(2), substituted
‘‘1997’’ for ‘‘1995’’.
Subsec. (h). Pub. L. 103–403, § 412, added subsec. (h).
CHANGE OF NAME
Committee on Small Business of Senate changed to
Committee on Small Business and Entrepreneurship of
Senate. See Senate Resolution No. 123, One Hundred
Seventh Congress, June 29, 2001.
EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–240, title I, § 1401(c), Sept. 27, 2010, 124
Stat. 2549, provided that the amendment made by section 1401(c)(2) is effective Oct. 1, 2012.
EFFECTIVE DATE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8305(b), May 25, 2007, 121
Stat. 210, provided that the amendment made by section 8305(b) is effective Oct. 1 of the first full fiscal year
after May 25, 2007.
EFFECTIVE DATE OF 1999 AMENDMENTS
Pub. L. 106–165, § 6, Dec. 9, 1999, 113 Stat. 1801, provided
that: ‘‘This Act [amending this section and enacting
provisions set out as notes under this section and section 631 of this title] and the amendments made by this
Act shall take effect on October 1, 1999.’’
Pub. L. 106–17, § 2(b), Apr. 6, 1999, 113 Stat. 27, provided
that: ‘‘The amendments made by this section [amending this section] shall apply beginning October 1, 1998.’’
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–135 effective Oct. 1, 1997,
see section 3 of Pub. L. 105–135, set out as a note under
section 631 of this title.

REGULATIONS
Pub. L. 106–165, § 4(c), Dec. 9, 1999, 113 Stat. 1799, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [Dec. 9, 1999], the Administrator of
the Small Business Administration shall issue guidelines to implement the amendments made by this section [amending this section].’’
TRANSITIONAL RULE
Pub. L. 110–28, title VIII, § 8305(c), May 25, 2007, 121
Stat. 210, provided that: ‘‘Notwithstanding any other
provision of law, a grant or cooperative agreement that
was awarded under subsection (l) of section 29 of the
Small Business Act (15 U.S.C. 656), on or before the day
before the date described in subsection (b) of this section [set out as an Effective Date of 2007 Amendment
note above], shall remain in full force and effect under
the terms, and for the duration, of such grant or agreement.’’
APPLICABILITY
Pub. L. 105–135, title III, § 308(b), Dec. 2, 1997, 111 Stat.
2615, provided that:
‘‘(1) IN GENERAL.—Subject to paragraph (2), any organization conducting a 3-year project under section 29 of
the Small Business Act (15 U.S.C. 656) (as in effect on
the day before the effective date of this Act [Dec. 2,
1997]) on September 30, 1997, may request an extension
of the term of that project to a total term of 5 years.
If such an extension is made, the organization shall receive financial assistance in accordance with section
29(c) of the Small Business Act (as amended by this section) subject to procedures established by the Administrator, in coordination with the Assistant Administrator of the Office of Women’s Business Ownership established under section 29 of the Small Business Act (15
U.S.C. 656) (as amended by this section).
‘‘(2) TERMS OF ASSISTANCE FOR CERTAIN ORGANIZATIONS.—Any organization operating in the third year of
a 3-year project under section 29 of the Small Business
Act (15 U.S.C. 656) (as in effect on the day before the effective date of this Act) on September 30, 1997, may request an extension of the term of that project to a total
term of 5 years. If such an extension is made, during
the fourth and fifth years of the project, the organization shall receive financial assistance in accordance
with section 29(c)(1)(C) of the Small Business Act (as
amended by this section) subject to procedures established by the Administrator, in coordination with the
Assistant Administrator of the Office of Women’s Business Ownership established under section 29 of the
Small Business Act (15 U.S.C. 656) (as amended by this
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 re-

§ 657a

TITLE 15—COMMERCE AND TRADE

place 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

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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, § 2[30], as added Pub. L. 104–121,
title II, § 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[44] and is set out as a note under section 631
of this title.
CHANGE OF NAME
Committee on Small Business of Senate changed to
Committee on Small Business and Entrepreneurship of
Senate. See Senate Resolution No. 123, One Hundred
Seventh Congress, June 29, 2001.
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.

§ 657a. HUBZone program
(a) In general
There is established within the Administration a program to be carried out by the Administrator to provide for Federal contracting assistance to qualified HUBZone small business concerns in accordance with this section.