19 U.S.C. § 2346

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 2346 - Delegation of functions to Small Business Administration; authorization of appropriations
(a) Delegation of functions as to eligibility certification

In the case of any firm which is small (within the meaning of the Small Business Act [15 U.S.C. 631 et seq.] and regulations promulgated thereunder), the Secretary may delegate all of his functions under this part (other than the functions under sections 2341 and 2342(d) 1 of this title with respect to the certification of eligibility and section 2354 of this title) to the Administrator of the Small Business Administration.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary $16,000,000 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,2 to carry out the Secretary's functions under this part in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.

(c) Transfer of unexpended appropriations

The unexpended balances of appropriations authorized by section 1912(d) 1 of this title are transferred to the Secretary to carry out his functions under this part.

1 See References in Text note below.

2 See Application of Subsection (b) note below.

19 U.S.C. § 2346

Pub. L. 93-618, title II, §256, Jan. 3, 1975, 88 Stat. 2032; Pub. L. 97-35, title XXV, §2524, Aug. 13, 1981, 95 Stat. 892; Pub. L. 99-272, title XIII, §13008(b), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100-418, title I, §1426(b)(2), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103-66, title XIII, §13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105-277, div. J, title I, §1012(c), Oct. 21, 1998, 112 Stat. 2681-901; Pub. L. 106-113, div. B, §1000(a)(5) [title VII, §702(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319; Pub. L. 107-210, div. A, title I, §§111(b), Aug. 6, 2002, 131, Aug. 6, 2002, 116 Stat. 936, 946; Pub. L. 108-429, title II, §2004(a)(3), Dec. 3, 2004, 118 Stat. 2589; Pub. L. 110-89, §1(b), Sept. 28, 2007, 121 Stat. 982.

Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.

EDITORIAL NOTES

REFERENCES IN TEXTThe Small Business Act, referred to in subsec. (a), is Pub. L. 85-536, §2 (1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.Section 2342(d) of this title, referred to in subsec. (a), was redesignated section 2342(c) of this title by Pub. L. 99-272, title XIII, §13006(a)(2), Apr. 7, 1986, 100 Stat. 304.Section 1912 of this title, referred to in subsec. (c), was repealed by Pub. L. 93-618, title VI, §602(e), Jan. 3, 1975, 88 Stat. 2072. Section 1912(d) of this title authorized appropriations to the Secretary of Commerce to carry out functions under part II of subchapter III of chapter 7 of this title in connection with furnishing adjustment assistance to firms. See section 2341 et seq. of this title for successor provisions.

CODIFICATIONSection reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below.

AMENDMENTS2007-Subsec. (b). Pub. L. 110-89 inserted "and $4,000,000 for the 3-month period beginning on October 1, 2007," after "2007,".2004-Subsec. (b). Pub. L. 108-429 deemed amendment by Pub. L. 107-210, §111(b), never to have been enacted. See 2002 Amendment note below.2002-Subsec. (b). Pub. L. 107-210, §131, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "There are hereby authorized to be appropriated to the Secretary for the period beginning October 1, 1998, and ending September 30, 2001, such sums as may be necessary to carry out his functions under this part in connection with furnishing adjustment assistance to firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this part), which sums are authorized to be appropriated to remain available until expended." Pub. L. 107-210, §111(b), substituted "October 1, 2001, and ending September 30, 2007," for "October 1, 1998, and ending September 30, 2001". Pub. L. 108-429, title II, §2004(a)(3), provided that the amendment by Pub. L. 107-210, §111(b), shall be deemed never to have been enacted.1999-Subsec. (b). Pub. L. 106-113 substituted "September 30, 2001" for "June 30, 1999".1998-Subsec. (b). Pub. L. 105-277 substituted "for the period beginning October 1, 1998, and ending June 30, 1999" for "for fiscal years 1993, 1994, 1995, 1996, 1997, and 1998".1993-Subsec. (b). Pub. L. 103-66 substituted "1993, 1994, 1995, 1996, 1997, and 1998" for "1988, 1989, 1990, 1991, 1992, and 1993".1988-Subsec. (b). Pub. L. 100-418 substituted "1988, 1989, 1990, 1991, 1992, and 1993" for "1986, 1987, 1988, 1989, 1990, and 1991".1986-Subsec. (b). Pub. L. 99-272 inserted "for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991" after "Secretary", struck out "from time to time" after "as may be necessary", and struck out "Direct loans and commitments to guarantee loans may be made under this part during any fiscal year only to such extent and in such amounts as are provided in advance in appropriations Acts." after "available until expended."1981-Subsec. (b). Pub. L. 97-35 inserted provisions relating to payment of principal, interest, and reasonable costs, incident to defaults on guaranteed loans and provisions relating to direct loans and commitments to guarantee loans.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2007 AMENDMENTAmendment by Pub. L. 110-89 effective Oct. 1, 2007, see section 1(e) of Pub. L. 110-89 set out as a note under section 2317 of this title.

EFFECTIVE DATE OF 2002 AMENDMENTAmendment by Pub. L. 107-210 applicable to petitions for certification filed under this part or part 2 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107-210set out as a note preceding section 2271 of this title.

EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106-113 effective as of July 1, 1999, see section 1000(a)(5) [title VII, §702(e)] of Pub. L. 106-113 set out as a note under section 2317 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTParts 2 and 3 of this subchapter applicable as if the amendment of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99-272 set out as a note under section 2291 of this title.

EFFECTIVE DATE OF 1981 AMENDMENTAmendment by Pub. L. 97-35 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97-35 set out as a note under section 2343 of this title.

TERMINATION DATEExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93-618 as modified by section 406(a)(7) of Pub. L. 114-27 set out as notes preceding section 2271 of this title.

APPLICATION OF SUBSECTION (B)Subsection (b) of this section to be applied and administered by substituting "the 1-year period beginning on July 1, 2021" for "each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007", see section 406(a)(5) of Pub. L. 114-27 set out in an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.

commerce
The term "commerce" includes services associated with international trade.1 See References in Text note below.