Title 19 — Customs DutiesRelease 119-73
§2346 Delegation of functions to Small Business Administration; authorization of appropriations
Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER II— - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION › Part Part 3— - Adjustment Assistance for Firms › § 2346
Summary
For firms that count as small under the Small Business Act, the Secretary can give the Administrator of the Small Business Administration all of his duties under this part, except the duties that involve certifying eligibility under sections 2341 and 2342(d) and the duty in section 2354. Congress allowed $16,000,000 for each fiscal year 2003 through 2007, and $4,000,000 for the three-month period starting October 1, 2007, to help the Secretary provide adjustment assistance to firms. That money stays available until spent. Any unspent funds from appropriations under section 1912(d) are transferred to the Secretary for these duties.
Full Legal Text
Title 19, §2346
Customs Duties — Source: USLM XML via OLRC
(a)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 section 2341 and 2342(d) 11 See References in Text note below. 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)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, 2007,22 See Application of Subsection (b) note below. 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)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.
Legislative History
Notes & Related Subsidiaries
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in Text
The 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. Codification Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below.
Amendments
2007—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. 107–210, set 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.
Reference
Citations & Metadata
Citation
19 U.S.C. § 2346
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73