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19 U.S.C. § 2348 — Delegation of functions to Small Business Administration; authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2348 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) 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) 11 See References in Text note below. of this title with respect to the certification of eligibility and [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2354&num=0&edition=prelim)) 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, 2007,22 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) 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.

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Source file: Laws/federal/codes/united-states-code/title-19/section-2348-delegation-of-functions-to-small-business-administration-authorization-o--51981bcbb2.md
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Source location: Title 19, Chapter 12, § 2348; chapter-012-trade-act-of-1974.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2317 — Fraud and recovery of overpayments

**(a) Repayment; deductions** (1) If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this part to which the person was not entitled, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary may waive such repayment if such agency or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that— (A) the payment was made without fault on the part of such individual, and (B) requiring such repayment would be contrary to equity and good conscience. (2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable. **(b) False representation or nondisclosure of material fact** If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual— (1) knowingly has made, or caused another to

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2291 — Study by Secretary of Labor when International Trade Commission begins investigation

**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part as the “Commission”) begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs. **(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2343 — Petitions and determinations

**(a) Filing of petition; receipt of petition; initiation of investigation** A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. **(b) Public hearing** If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. **(c) Certification** (1) The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if the Secretary determines— (A) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated, (B) that— (i) sales or production, or both, of such firm have decreased absolutely, or (ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and (C) increases of imports of articles like or directly competitive with articles which are produced by such firm contrib

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2354 — Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 631 — Declaration of policy

Page 748 TITLE 15—COMMERCE AND TRADE § 631 Section 618, act June 30, 1947, ch. 166, title II, § 208, 61 Stat. 209, related to purchase and sale of surplus prop- erty, and was repealed by act of May 25, 1948, ch. 334, § 7, 62 Stat. 265. Section 619, act July 29, 1947, ch. 346, title II, § 201, 61 Stat. 515, related to limitations on use of funds of the Corporation, which Corporation was abolished by sec- tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out preceding section 601 of this title. CHAPTER 14A—AID TO SMALL BUSINESS Sec. 631. Declaration of policy. 631a. Congressional declaration of small business economic policy. 631b. Reports to Congress; state of small business. 631c. Small Business Manufacturing Task Force. 632. Definitions. 633. Small Business Administration. 633a. Detailed justification for proposed changes in budget requests. 634. General powers. 634a. Office of Advocacy within Small Business Ad- ministration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Budgetary line item and authorization of ap- propriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employ- ees’ compensation funds. 636. Additional powers. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. 636e. Definitions. 636f. Coordination of efforts between the Adminis- trator and the Internal Revenue Service to expedite loan processing. 636g. Developmen

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2348 — Protective provisions

Page 635 TITLE 19—CUSTOMS DUTIES § 2348 (3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consid- eration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans; (4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appro- priate, and execute all legal documents for such purposes; and (5) exercise all such other powers and take all such other acts as may be necessary or in- cidental to the carrying out of functions pur- suant to section 2344 of this title. (b) Recordation of mortgages Any mortgage acquired as security under sub- section (a) shall be recorded under applicable State law. (c) Availability of receipts for financing func- tions All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this part, shall be available for financing functions performed under this part, including administra- tive expenses in connection with such functions. (d) Privileged or confidential information To the extent the Secretary deems it appro- priate, and consistent with the provisions of sec- tion 552(b)(4) and section 552b(c)(4) of title 5, that portion of any record, material or data re- ceived by the Secretary in connection with any application for financial assistance under this part which contains trade secrets or commercial or financial information regarding the operation or competitive position of any business shall be deemed to be privileged or confidential within the meaning of those provisions. (e) Capital asset

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