15 U.S.C. § 656 — Women’s Business Center program

Page 1040 TITLE 15—COMMERCE AND TRADE § 656 1 See References in Text note below. based criteria for the selection of Centers to re- ceive awards on the basis of— (1) the ability of the applicant to carry out the purposes described in subsection (d) in a manner relevant to the needs of industries in the area served by the Center; (2) the ability of the applicant to integrate the implementation of this program with ex- isting Federal and State technical and busi- ness assistance resources; and (3) the ability of the applicant to continue providing technology access after the termi- nation of this pilot program. (c) Matching requirement To be eligible to receive an award under this section, an applicant shall provide a matching contribution at least equal to that received under such award, not more than 50 percent of which may be waived overhead or in-kind con- tributions. (d) Purpose of awards Awards made under this section shall be for the purpose of increasing access by small busi- nesses to on-line data base services that provide technical and business information, and access to technical experts, in a wide range of tech- nologies, through such activities as— (1) defraying the cost of access by small businesses to the data base services; (2) training small businesses in the use of the data base services; and (3) establishing a public point of access to the data base services. Activities described in paragraphs (1) through (3) may be carried out through contract with a private entity. (e) Renewal of awards Awards previously made under section 648a 1 of this title may be renewed under this section. (f) Interim report Two years after the date on which the first award was issued under section 648a 1 of this title, the General Accounting Office shall sub- mit to the Committee on Small Business and the Committee on Science, Space, and Tech- nology of the House of Representatives and to the Committee on Small Business and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate, an interim report on the implementation of the program under such sec- tion and this section, including the judgments of the participating Centers as to its effect on small business productivity and innovation. (g) Final report Three years after such date, the General Ac- counting Office shall submit to the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Small Business and the Committee on Commerce, Science and Transportation of the Senate, a final report evaluating the effectiveness of the Program under section 648a 1 of this title and this section in improving small business produc- tivity and innovation. (h) Authorization of appropriations There are authorized to be appropriated to the Small Business Administration $5 million for each of fiscal years 1992 through 1995 to carry out this section, and such amounts may remain available until expended. (i) Funding from other sources; employment of Centers by Federal agencies Centers are encouraged to seek funding from Federal and non-Federal sources other than those provided for in this section to assist small businesses in the identification of appropriate technologies to fill their needs, the transfer of technologies from Federal laboratories, public and private universities, and other public and private institutions, the analysis of commercial opportunities represented by such technologies, and such other functions as the development, business planning, market research, and finan- cial packaging required for commercialization. Insofar as such Centers pursue these activities, Federal agencies are encouraged to employ these Centers to interface with small businesses for such purposes as facilitating small business participation in Federal procurement and fos- tering commercialization of Federally-funded research and development. (Pub. L. 85–536, § 2[28], as added Pub. L. 102–140, title VI, § 609(d), Oct. 28, 1991, 105 Stat. 825.) Editorial Notes REFERENCES IN TEXT Section 648a of this title, referred to in subsecs. (e) to (g), was repealed by Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826, effective Oct. 1, 1992. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108–271, set out as a note under section 702 of Title 31, Money and Finance. 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. § 656. Women’s Business Center program (a) Definitions In this section— (1) the term ‘‘Assistant Administrator’’ means the Assistant Administrator of the Of- fice of Women’s Business Ownership estab- lished under subsection (g); (2) the term ‘‘private nonprofit organiza- tion’’ means an entity that is described in sec- tion 501(c) of title 26 and exempt from taxation under section 501(a) of such title; (3) the term ‘‘small business concern owned and controlled by women’’, either startup or existing, includes any small business con- cern— (A) that is not less than 51 percent owned by 1 or more women; and (B) the management and daily business op- erations of which are controlled by 1 or more women; and (4) the term ‘‘women’s business center site’’ means the location of— Page 1041 TITLE 15—COMMERCE AND TRADE § 656 (A) a women’s business center; or (B) 1 or more women’s business centers, es- tablished in conjunction with another wom- en’s business center in another location within a State or region— (i) that reach a distinct population that would otherwise not be served; (ii) whose services are targeted to women; and (iii) whose scope, function, and activities are similar to those of the primary wom- en’s business center or centers in conjunc- tion with which it was established. (b) Authority The Administration may provide financial as- sistance to private nonprofit organizations to conduct 5-year projects for the benefit of small business concerns owned and controlled by women. The projects shall provide— (1) financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, pre- paring and presenting financial statements, and managing cash flow and other financial operations of a business concern; (2) management assistance, including train- ing and counseling in how to plan, organize, staff, direct, and control each major activity and function of a small business concern; and (3) marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportuni- ties, preparing and executing marketing plans, developing pricing strategies, locating con- tract opportunities, negotiating contracts, and utilizing varying public relations and adver- tising techniques. (c) Conditions of participation (1) Non-Federal contributions As a condition of receiving financial assist- ance authorized by this section, the recipient organization shall agree to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources as follows: (A) in the first and second years, 1 non- Federal dollar for each 2 Federal dollars; and (B) in the third, fourth, and fifth years, 1 non-Federal dollar for each Federal dollar. (2) Form of non-Federal contributions Not more than one-half of the non-Federal sector matching assistance may be in the form of in-kind contributions that are budget line items only, including office equipment and of- fice space. (3) Form of Federal contributions The financial assistance authorized pursuant to this section may be made by grant, con- tract, or cooperative agreement and may con- tain such provision, as necessary, to provide for payments in lump sum or installments, and in advance or by way of reimbursement. The Administration may disburse up to 25 per- cent of each year’s Federal share awarded to a recipient organization after notice of the award has been issued and before the non-Fed- eral sector matching funds are obtained. (4) Failure to obtain non-Federal funding If any recipient of assistance fails to obtain the required non-Federal contribution during any project, it shall not be eligible thereafter for advance disbursements pursuant to para- graph (3) during the remainder of that project, or for any other project for which it is or may be funded by the Administration, and prior to approving assistance to such organization for any other projects, the Administration shall specifically determine whether the Adminis- tration believes that the recipient will be able to obtain the requisite non-Federal funding and enter a written finding setting forth the reasons for making such determination. (d) Contract authority A women’s business center may enter into a contract with a Federal department or agency to provide specific assistance to women and other underserved small business concerns. Per- formance of such contract should not hinder the women’s business centers in carrying out the terms of the grant received by the women’s busi- ness centers from the Administration. (e) Submission of 5-year plan Each applicant organization initially shall submit a 5-year plan to the Administration on proposed fundraising and training activities, and a recipient organization may receive financial assistance under this program for a maximum of 5 years per women’s business center site. (f) Criteria The Administration shall evaluate and rank applicants in accordance with predetermined se- lection criteria that shall be stated in terms of relative importance. Such criteria and their rel- ative importance shall be made publicly avail- able and stated in each solicitation for applica- tions made by the Administration. The criteria shall include— (1) the experience of the applicant in con- ducting programs or ongoing efforts designed to impart or upgrade the business skills of women business owners or potential owners; (2) the present ability of the applicant to commence a project within a minimum amount of time; (3) the ability of the applicant to provide training and services to a representative num- ber of women who are both socially and eco- nomically disadvantaged; and (4) the location for the women’s business center site proposed by the applicant. (g) Office of Women’s Business Ownership (1) Establishment There is established within the Administra- tion an Office of Women’s Business Ownership, which shall be responsible for the administra- tion of the Administration’s programs for the development of women’s business enterprises (as defined in section 7108 of this title). The Office of Women’s Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership (A) Qualification The position of Assistant Administrator shall be a Senior Executive Service position under section 3132(a)(2) of title 5. The Assist- Page 1042 TITLE 15—COMMERCE AND TRADE § 656 1 So in original. Probably should be ‘‘therefor’’. ant Administrator shall serve as a noncareer appointee (as defined in section 3132(a)(7) of that title). (B) Responsibilities and duties (i) Responsibilities The responsibilities of the Assistant Ad- ministrator shall be to administer the pro- grams and services of the Office of Wom- en’s Business Ownership established to as- sist women entrepreneurs in the areas of— (I) starting and operating a small busi- ness; (II) development of management and technical skills; (III) seeking Federal procurement op- portunities; and (IV) increasing the opportunity for ac- cess to capital. (ii) Duties The Assistant Administrator shall— (I) administer and manage the Wom- en’s Business Center program; (II) recommend the annual administra- tive and program budgets for the Office of Women’s Business Ownership (includ- ing the budget for the Women’s Business Center program); (III) establish appropriate funding lev- els therefore 1 ; (IV) review the annual budgets sub- mitted by each applicant for the Wom- en’s Business Center program; (V) select applicants to participate in the program under this section; (VI) implement this section; (VII) maintain a clearinghouse to pro- vide for the dissemination and exchange of information between women’s busi- ness centers; (VIII) serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise; (IX) serve as liaison for the National Women’s Business Council; and (X) advise the Administrator on ap- pointments to the Women’s Business Council. (C) Consultation requirements In carrying out the responsibilities and du- ties described in this paragraph, the Assist- ant Administrator shall confer with and seek the advice of the Administration offi- cials in areas served by the women’s busi- ness centers. (h) Program examination (1) In general The Administration shall— (A) develop and implement an annual pro- grammatic and financial examination of each women’s business center established pursuant to this section, pursuant to which each such center shall provide to the Admin- istration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the cen- ter during the preceding year in order to meet the requirements of subsection (c) and, with respect to any in-kind contribu- tions described in subsection (c)(2) that were used to satisfy the requirements of subsection (c), verification of the existence and valuation of those contributions; and (B) analyze the results of each such exam- ination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s busi- ness center. (2) Conditions for continued funding In determining whether to award a contract (as a sustainability grant) under subsection (l) or to renew a contract (either as a grant or co- operative agreement) under this section with a women’s business center, the Administration— (A) shall consider the results of the most recent examination of the center under para- graph (1); and (B) may withhold such award or renewal, if the Administration determines that— (i) the center has failed to provide any information required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information provided by the center is inad- equate; or (ii) the center has failed to provide any information required to be provided by the center for purposes of the report of the Ad- ministration under subsection (j), or the information provided by the center is inad- equate. (i) Contract authority The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. After the Administrator has entered into a con- tract, either as a grant or a cooperative agree- ment, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Adminis- trator provides the applicant with written noti- fication setting forth the reasons therefore 1 and affords the applicant an opportunity for a hear- ing, appeal, or other administrative proceeding under chapter 5 of title 5. (j) Management report (1) In general The Administration shall prepare and sub- mit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of all projects con- ducted under this section. (2) Contents Each report submitted under paragraph (1) shall include information concerning, with re- spect to each women’s business center estab- lished pursuant to this section— (A) the number of individuals receiving as- sistance; (B) the number of startup business con- cerns formed; Page 1043 TITLE 15—COMMERCE AND TRADE § 656 (C) the gross receipts of assisted concerns; (D) the employment increases or decreases of assisted concerns; (E) to the maximum extent practicable, in- creases or decreases in profits of assisted concerns; and (F) the most recent analysis, as required under subsection (h)(1)(B), and the subse- quent determination made by the Adminis- tration under that subsection. (k) Authorization of appropriations (1) In general There is authorized to be appropriated, to re- main available until the expiration of the pilot program under subsection (l)— (A) $12,000,000 for fiscal year 2000; (B) $12,800,000 for fiscal year 2001; (C) $13,700,000 for fiscal year 2002; and (D) $14,500,000 for fiscal year 2003. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this sub- section for fiscal year 1999, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs in- curred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, the following amounts shall be available for selection panel costs, post-award conference costs, and costs related to monitoring and over- sight: (i) For fiscal year 2000, 2 percent. (ii) For fiscal year 2001, 1.9 percent. (iii) For fiscal year 2002, 1.9 percent. (iv) For fiscal year 2003, 1.6 percent. (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator, acting through the Assist- ant Administrator, may use such expedited ac- quisition methods as the Administrator deter- mines to be appropriate to carry out this sec- tion, except that the Administrator shall en- sure that all small business sources are pro- vided a reasonable opportunity to submit pro- posals. (4) Reservation of funds for sustainability pilot program (A) In general Subject to subparagraph (B), of the total amount made available under this sub- section for a fiscal year, the following amounts shall be reserved for sustainability grants under subsection (l): (i) For fiscal year 2000, 17 percent. (ii) For fiscal year 2001, 18.8 percent. (iii) For fiscal year 2002, 30.2 percent. (iv) For fiscal year 2003, 30.2 percent. (B) Use of unawarded funds for sustain- ability pilot program grants If the amount reserved under subparagraph (A) for any fiscal year is not fully awarded to private nonprofit organizations described in subsection (l)(1)(B), the Administration is authorized to use the unawarded amount to fund additional women’s business center sites or to increase funding of existing wom- en’s business center sites under subsection (b). (l) Repealed. Pub. L. 110–28, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210 (m) Continued funding for centers (1) In general A nonprofit organization described in para- graph (2) shall be eligible to receive, subject to paragraph (3), a 3-year grant under this sub- section. (2) Applicability A nonprofit organization described in this paragraph is a nonprofit organization that has received funding under subsection (b) or (l). (3) Application and approval criteria (A) Criteria Subject to subparagraph (B), the Adminis- trator shall develop and publish criteria for the consideration and approval of applica- tions by nonprofit organizations under this subsection. (B) Contents Except as otherwise provided in this sub- section, the conditions for participation in the grant program under this subsection shall be the same as the conditions for par- ticipation in the program under subsection (l), as in effect on May 25, 2007. (C) Notification Not later than 60 days after the date of the deadline to submit applications for each fis- cal year, the Administrator shall approve or deny any application under this subsection and notify the applicant for each such appli- cation. (4) Award of grants (A) In general Subject to the availability of appropria- tions, the Administrator shall make a grant for the Federal share of the cost of activities described in the application to each appli- cant approved under this subsection. (B) Amount A grant under this subsection shall be for not more than $150,000, for each year of that grant. (C) Federal share The Federal share under this subsection shall be not more than 50 percent. (D) Priority In allocating funds made available for grants under this section, the Administrator shall give applications under this subsection or subsection (l) priority over first-time ap- plications under subsection (b). (5) Renewal (A) In general The Administrator may renew a grant under this subsection for additional 3-year Page 1044 TITLE 15—COMMERCE AND TRADE § 656 periods, if the nonprofit organization sub- mits an application for such renewal at such time, in such manner, and accompanied by such information as the Administrator may establish. (B) Unlimited renewals There shall be no limitation on the num- ber of times a grant may be renewed under subparagraph (A). (n) Privacy requirements (1) In general A women’s business center may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the con- sent of such individual or small business con- cern, unless— (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a dis- closure to be necessary for the purpose of conducting a financial audit of a women’s business center, but a disclosure under this subparagraph shall be limited to the infor- mation necessary for such audit. (2) Administration use of information This subsection shall not— (A) restrict Administration access to pro- gram activity data; or (B) prevent the Administration from using client information (other than the informa- tion described in subparagraph (A)) to con- duct client surveys. (3) Regulations The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B). (o) Study and report on representation of women (1) Study The Administrator shall periodically con- duct a study to identify industries, as defined under the North American Industry Classifica- tion System, underrepresented by small busi- ness concerns owned and controlled by women. (2) Report Not later than 3 years after January 2, 2013, and every 5 years thereafter, the Adminis- trator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report. (Pub. L. 85–536, § 2[29], formerly § 2[28], as added Pub. L. 102–191, § 2, Dec. 5, 1991, 105 Stat. 1589; re- numbered § 2[29] and amended Pub. L. 103–403, title IV, §§ 411, 412, Oct. 22, 1994, 108 Stat. 4192, 4193; Pub. L. 105–135, title III, § 308(a), Dec. 2, 1997, 111 Stat. 2611; Pub. L. 106–17, §§ 2(a), 3, Apr. 6, 1999, 113 Stat. 27; Pub. L. 106–165, §§ 2–4(b), Dec. 9, 1999, 113 Stat. 1795–1798; Pub. L. 110–28, title VIII, § 8305(a), (b), May 25, 2007, 121 Stat. 209, 210; Pub. L. 111–240, title I, § 1401(b), (c)(2), Sept. 27, 2010, 124 Stat. 2549, 2550; Pub. L. 112–239, div. A, title XVI, § 1697(b), Jan. 2, 2013, 126 Stat. 2091; Pub. L. 113–291, div. A, title VIII, § 825(c), Dec. 19, 2014, 128 Stat. 3438.) Editorial Notes REFERENCES IN TEXT Subsec. (l), referred to in subsecs. (h)(2), (k)(1), (4), and (m)(2), (3)(B), (4)(D), was repealed by Pub. L. 110–28, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210, effective Oct. 1 of the first full fiscal year after May 25, 2007. CODIFICATION May 25, 2007, referred to in subsec. (m)(3)(B), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 110–28, which enacted subsec. (m), to reflect the probable intent of Congress. AMENDMENTS 2014—Subsec. (o)(2). Pub. L. 113–291 substituted ‘‘3 years after January 2, 2013’’ for ‘‘5 years after January 2, 2013’’. 2013—Subsec. (o). Pub. L. 112–239 added subsec. (o). 2010—Subsec. (c)(1). Pub. L. 111–240, § 1401(c)(2)(A), substituted ‘‘As a condition’’ for ‘‘Subject to paragraph (5), as a condition’’ in introductory provisions. Pub. L. 111–240, § 1401(b)(1), substituted ‘‘Subject to paragraph (5), as a condition’’ for ‘‘As a condition’’ in introductory provisions. Subsec. (c)(5). Pub. L. 111–240, § 1401(c)(2)(B), struck out par. (5) which related to waiver of non-Federal share relating to technical assistance and counseling. Pub. L. 111–240, § 1401(b)(2), added par. (5). 2007—Subsec. (l). Pub. L. 110–28, § 8305(b), struck out subsec. (l) which related to establishment of a sustain- ability pilot program. Subsecs. (m), (n). Pub. L. 110–28, § 8305(a), added sub- secs. (m) and (n). 1999—Subsec. (a)(2) to (4). Pub. L. 106–165, § 2(1), added par. (2) and redesignated former pars. (2) and (3) as pars. (3) and (4), respectively. Subsec. (b). Pub. L. 106–165, § 2(2), inserted ‘‘non- profit’’ after ‘‘private’’ in introductory provisions. Subsec. (c)(1). Pub. L. 106–17, § 2(a), inserted ‘‘and’’ after the semicolon in subpar. (A), added subpar. (B), and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) in the third and fourth years, 1 non-Federal dol- lar for each Federal dollar; and ‘‘(C) in the fifth year, 2 non-Federal dollars for each Federal dollar.’’ Subsec. (h). Pub. L. 106–165, § 3(1), added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows: ‘‘(1) IN GENERAL.—Not later than 180 days after De- cember 2, 1997, the Administrator shall develop and im- plement an annual programmatic and financial exam- ination of each women’s business center established pursuant to this section. ‘‘(2) EXTENSION OF CONTRACTS.—In extending or re- newing a contract with a women’s business center, the Administrator shall consider the results of the exam- ination 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 Sen- ate 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; Page 1045 TITLE 15—COMMERCE AND TRADE § 657 ‘‘(4) increases or decreases in profits of assisted con- cerns; and ‘‘(5) the employment increases or decreases of as- sisted 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 adminis- trative expenses related to the program under this sec- tion.’’ Pub. L. 106–17, § 3, substituted ‘‘$11,000,000’’ for ‘‘$8,000,000’’. Subsec. (k)(2). Pub. L. 106–165, § 4(b)(2), designated ex- isting provisions as subpar. (A), inserted heading, sub- stituted ‘‘Except as provided in subparagraph (B), amounts made’’ for ‘‘Amounts made’’, and added sub- par. (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, sub- stituting provisions relating to women’s business cen- ter program for provisions relating to women’s dem- onstration projects. 1994—Subsec. (g). Pub. L. 103–403, § 411(2), substituted ‘‘1997’’ for ‘‘1995’’. Subsec. (h). Pub. L. 103–403, § 412, added subsec. (h). Statutory Notes and Related Subsidiaries 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 sec- tion 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 sec- tion 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 sec- tion 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 [amend- ing 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, pro- vided that: ‘‘Not later than 30 days after the date of en- actment of this Act [Dec. 9, 1999], the Administrator of the Small Business Administration shall issue guide- lines to implement the amendments made by this sec- tion [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 sec- tion [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 agree- ment.’’ 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 orga- nization 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 re- ceive financial assistance in accordance with section 29(c) of the Small Business Act (as amended by this sec- tion) subject to procedures established by the Adminis- trator, in coordination with the Assistant Adminis- trator of the Office of Women’s Business Ownership es- tablished under section 29 of the Small Business Act (15 U.S.C. 656) (as amended by this section). ‘‘(2) TERMS OF ASSISTANCE FOR CERTAIN ORGANIZA- TIONS.—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 ef- fective date of this Act) on September 30, 1997, may re- quest 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 organiza- tion 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 estab- lished by the Administrator, in coordination with the Assistant Administrator of the Office of Women’s Busi- ness 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 Busi- ness Regulatory Fairness Board established under subsection (c); and (2) ‘‘Ombudsman’’ means the Small Business and Agriculture Regulatory Enforcement Om- budsman designated under subsection (b). (b) SBA Enforcement Ombudsman (1) Not later than 180 days after March 29, 1996, the Administrator shall designate a Small Busi- ness and Agriculture Regulatory Enforcement Ombudsman, who shall report directly to the Administrator, utilizing personnel of the Small Business Administration to the extent prac- ticable. Other agencies shall assist the Ombuds- man and take actions as necessary to ensure compliance with the requirements of this sec- tion. Nothing in this section is intended to re- place or diminish the activities of any Ombuds- man 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, compli- ance assistance effort, or other enforcement related communication or contact by agency personnel are provided with a means to com- ment on the enforcement activity conducted by such personnel; (B) establish means to receive comments from small business concerns regarding ac- tions by agency employees conducting compli-