Title 42 — The Public Health and Welfare
Chapter 113 — State Justice Institute
§ 10713. Authorization of appropriations
Statutory text
There are authorized to be appropriated to carry out the purposes of this chapter, $7,000,000 for each of fiscal years 2005, 2006, 2007, and 2008. Amounts appropriated for each such year are to remain available until expended.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
State Justice Institute Act of 1984
Pub. L. 98–620 title II § 215 · 98 Stat. 3335
Enacted · 42 U.S.C. § 10713
Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat. 3346
Source evidence
Code source credit
Pub. L. 98–620, title II, § 215, Nov. 8, 1984, 98 Stat. 3346Enacted provision · exact public law section
Sec. 215. authorizations There are authorized to be appropriated to carry out the purposes of this title, $13,000,000 for fiscal year 1986, $15,000,000 for fiscal year 1987, and $15,000,000 for fiscal year 1988.National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
Pub. L. 100–690 § 7321(a) · 102 Stat. 4181
Amended · 42 U.S.C. § 10713
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162, title V, amended section generally
Substituted · 42 U.S.C. § 10713
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162, title V, substituting appropriations authorization of $15,000,000 for fiscal years 1989 through 1992 for authorization of $13,000,000 for fiscal year 1986 and $15,000,000 for fiscal years 1987 and 1988
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162, title V, amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 through 1992 for authorization of $13,000,000 for fiscal year 1986 and $15,000,000 for fiscal years 1987 and 1988.Enacted provision · exact public law section
(a) Authorization.— Section 215 of the State Justice Institute Act of 1984 (Public Law 98–620; 42 U.S.C. 10713) is amended to read as follows: “Sec. 215. There are authorized to be appropriated to carry out the purposes of this title $15,000,000 for fiscal year 1989, $15,000,000 for fiscal year 1990, $15,000,000 for fiscal year 1991, and $15,000,000 for fiscal year 1992.”.Judicial Improvements and Access to Justice Act
Pub. L. 100–702 § 607 · 102 Stat. 4642
Amended · 42 U.S.C. § 10713
Pub. L. 100–702, § 607, which amended section generally
Repealed · 42 U.S.C. § 10713
Pub. L. 100–702, § 607, which substituting appropriations authorization of $15,000,000 for fiscal years 1989 and 1990, such amounts to remain available until expended for authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was repealed by Pub. L. 101–162, title V
Source evidence
Code amendment note
Pub. L. 100–702, § 607, which amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 and 1990, such amounts to remain available until expended for authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was repealed by Pub. L. 101–162, title V.Enacted provision · exact public law section
SEC. 607. AUTHORIZATION OF APPROPRIATIONS. Section 215 of the State Justice Institute Act of 1984 (42 U.S.C. 10713) is amended to read as follows: “Sec. 215. There are authorized to be appropriated to carry out the purposes of this title $15,000,000 for each of the fiscal years 1989 and 1990. Amounts appropriated under this section may remain available until expended.”.Pub. L. 101–162 title V · 103 Stat. 988
Repealed · 42 U.S.C. § 10713
Pub. L. 101–162 repealed Pub. L. 100–702, § 607, and revived Pub. L. 100–690, § 7321(a). See 1988 Amendment notes below
Source evidence
Code amendment note
Pub. L. 101–162 repealed Pub. L. 100–702, § 607, and revived Pub. L. 100–690, § 7321(a). See 1988 Amendment notes below.Enacted provision · exact public law
TITLE V— RELATED AGENCIES Maritime Administration operating-differential subsidies (liquidation of contract authority) For the payment of obligations incurred for operating-differential subsidies as authorized by the Merchant Marine Act, 1936, as amended, $225,870,000, to remain available until expended. operations and training For necessary expenses of operations and training activities authorized by law, $65,050,000, to remain available until expended, and in addition $2,250,000 shall be derived from unobligated balances of “Ship Construction”: Provided, That reimbursements may be made to this appropriation from receipts to the “Federal Ship Financing Fund” for administrative expenses in support of that program in addition to any amount heretofore appropriated. ready reserve force For necessary expenses to acquire and maintain a surge shipping capability in the National Defense Reserve Fleet in an advanced state of readiness and related programs, $89,000,000, to remain available until expended: Provided, That reimbursement may be made to the Operations and Training appropriation for expenses related to this program. Advisory Commission on Conferences in Ocean Shipping salaries and expenses For necessary expenses of the Advisory Commission on Conferences in Ocean Shipping, including services as authorized by section 18(d) of Public Law 98–237, $300,000. Arms Control and Disarmament Agency arms control and disarmament activities For necessary expenses, not otherwise provided for, for arms control and disarmament activities, including not to exceed $55,000 for official reception and representation expenses, authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.), $33,876,000. Board For International Broadcasting grants and expenses For expenses of the Board for International Broadcasting, including grants to Radio Free Europe/Radio Liberty, Incorporated as authorized by the Board for International Broadcasting Act of 1973, as amended (22 U.S.C. 2871–2883), $190,000,000, of which not to exceed $52,000 may be made available for official reception and representation expenses as authorized by section 304(a)(8) of the Board for International Broadcasting Act of 1973, as amended. israel relay station For an additional amount for the Board for International Broad-casting for the purpose of making and overseeing grants to Radio Free Europe/Radio Liberty, Incorporated, and its subsidiaries and of making payments as necessary in order to implement the agreement signed on June 18, 1987, between the United States Government and the Government of Israel to establish and operate a radio relay station in Israel for use by Radio Free Europe/Radio Liberty and the Voice of America, $183,500,000, to remain available until expended. Christopher Columbus Quincentenary Jubilee Commission salaries and expenses For the necessary expenses of the Christopher Columbus Quincentenary Jubilee Commission as authorized by Public Law 98–375, $220,000, to remain available until December 31, 1993 as authorized by section 11(b) of said Act, as amended by section 8 of Public Law 100–94. Commission on Agricultural Workers salaries and expenses For necessary expenses of the Commission on Agricultural Workers as authorized by section 304 of Public Law 99–603 (100 Stat. 3431–3434), $300,000, to remain available until expended. Commission on the Bicentennial of the United States Constitution salaries and expenses For necessary expenses of the Commission on the Bicentennial of the United States Constitution as authorized by Public Law 98–101 (97 Stat. 719–723), $14,300,000, to remain available until expended, and in carrying out the purposes of this Act, the Commission is authorized to enter into contracts, grants, or cooperative agreements as directed by the Federal Grant and Cooperative Agreement Act of 1977 (92 Stat. 3; 31 U.S.C. 6301), and in addition, $705,000 to remain available until expended shall be available to the National Park Service to carry out provisions of Public Law 100–421; in all, appropriating $15,005,000, of which $7,500,000 is for carrying out the provisions of Public Law 99–194, including $3,142,000 for implementation of the National Bicentennial Competition on the Constitution and the Bill of Rights and $4,358,000 for educational programs about the Constitution and the Bill of Rights below the university level as authorized by such Act. Commission on Civil Rights salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles $5,707,000, of which $2,000,000 is for regional offices and $700,000 is for civil rights monitoring activities: Provided, That not to exceed $20,000 may be used to employ consultants: Provided further, That not to exceed $185,000 may be used to employ temporary or special needs appointees: Provided further, That none of the funds shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner whose compensation shall not exceed the equivalent of 150 billable days at the daily rate of a level 11 salary under the General Schedule: Provided further, That not to exceed $40,000 shall be available for new, continuing or modifications of contracts for performance of mission-related external services: Provided further, That none of the funds shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the Chairman who is permitted 125 billable days: Provided further, That the General Accounting Office shall audit the Commission’s use of this appropriation under such terms and conditions as deemed appropriate by the Comptroller General and shall report its findings to the Appropriations Committees of the Senate and House of Representatives. Commission for the Preservation of America’s Heritage Abroad salaries and expenses For necessary start-up costs for the Commission for the Preservation of America’s Heritage Abroad, $200,000 as authorized by Public Law 99–83, section 1303. Commission on Security and Cooperation in Europe salaries and expenses For necessary expenses of the Commission on Security and Co-operation in Europe, as authorized by Public Law 94–304, $850,000, to remain available until expended as authorized by section 3 of Public Law 99–7. commission on the ukraine famine For necessary close out expenses of the Commission on the Ukraine Famine, $100,000. Commission for the Study of International Migration and Cooperative Economic Development salaries and expenses For necessary expenses of the Commission for the Study of Inter-national Migration and Cooperative Economic Development as authorized by title VI of Public Law 99–603, $1,290,000, to remain available until expended. Competitiveness Policy Council salaries and expenses For necessary expenses of the Competitiveness Policy Council as authorized by section 5209 of the Omnibus Trade and Competitiveness Act of 1988, $750,000, to remain available until expended. Equal Employment Opportunity Commission salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, as amended (29 U.S.C. 206(d) and 621–634), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $20,000,000 for payments to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act, as amended, and sections 6 and 14 of the Age Discrimination in Employment Act; $184,926,000: Provided, That the final rule regarding unsupervised waivers under the Age Discrimination in Employment Act, issued by the Commission on August 27, 1987 (29 CFR sections 1627.16(c)(1)–(3)), shall not have effect during fiscal year 1990: Provided further, That none of the funds may be obligated or expended by the Commission to give effect to any policy or practice pertaining to unsupervised waivers under the Age Discrimination in Employment Act, except that this proviso shall not preclude the Commission from investigating or processing claims of age discrimination, and pursuing appropriate relief in Federal court, regardless of whether an unsupervised waiver of rights has been sought or signed. Federal Communications Commission salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances there-for, as authorized by law (5 U.S.C. 5901–02); not to exceed $300,000 for land and structures; not to exceed $300,000 for improvement and care of grounds and repair to buildings; not to exceed $4,000 for official reception and representation expenses; purchase (not to exceed fourteen) and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109; $109,000,000, of which not to exceed $300,000 of the foregoing amount shall remain available until September 30, 1991, for research and policy studies: Provided, That none of the funds appropriated by this Act shall be used to repeal, to retroactively apply changes in, or to continue a reexamination of, the policies of the Federal Communications Commission with respect to comparative licensing, distress sales and tax certificates granted under 26 U.S.C. 1071, to expand minority and women ownership of broadcasting licenses, including those established in the Statement of Policy on Minority Ownership of Broadcasting Facilities, 68 F.C.C. 2d 979 and 69 F.C.C. 2d 1591, as amended 52 R.R. 2d 1313 (1982) and Mid-Florida Television Corp., 60 F.C.C. 2d 607 Rev. Bd. (1978), which were effective prior to September 12, 1986, other than to close MM Docket No. 86–484 with a reinstatement of prior policy and a lifting of suspension of any sales, licenses, applications, or proceedings, which were suspended pending the conclusion of the inquiry: Provided further, That none of the funds appropriated to the Federal Communications Commission by this Act may be used to diminish the number of VHF channel assignments reserved for non-commercial educational television stations in the Television Table of Assignments (section 73.606 of title 47, Code of Federal Regulations): Provided further, That none of the funds appropriated by this Act may be used to repeal, to retroactively apply changes in, or to begin or continue a reexamination of the rules and the policies established to administer such rules of the Federal Communications Commission as set forth at section 73.3555(c) of title 47 of the Code of Federal Regulations. Federal Maritime Commission salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act of 1936, as amended (46 App. U.S.C. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–02; $15,650,000. Provided, That not to exceed $1,500 shall be available for official reception and representation expenses. Federal Trade Commission salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses; $54,580,000: Provided, That the funds appropriated in this paragraph are subject to the limitations and provisions of sections 10(a) and 10(c) (notwithstanding section 10(e)), 11(b), 18, and 20 of the Federal Trade Commission Improvements Act of 1980 (Public Law 96–252; 94 Stat. 374). International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $39,000,000. Japan-United States Friendship Commission japan-united states friendship trust fund For expenses of the Japan-United States Friendship Commission as authorized by Public Law 94–118, as amended, from the interest earned on the Japan-United States Friendship Trust Fund, $1,350,000; and an amount of Japanese currency not to exceed the equivalent of $1,610,000 based on exchange rates at the time of payment of such amounts as authorized by Public Law 94–118. Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, as amended, $321,000,000 of which $274,965,000 is for basic field programs, $7,304,000 is for Native American programs, $10,088,000 is for mi-grant programs, $1,144,000 is for law school clinics, $1,040,000 is for supplemental field programs, $649,000 is for regional training centers, $7,518,000 is for national support, $8,158,000 is for State sup-port, $900,000 is for the Clearinghouse, $531,000 is for computer assisted legal research regional centers, and $8,703,000 is for Corporation management and administration. Marine Mammal Commission salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of Public Law 92–522, as amended, $960,000. Martin Luther King, Jr. Federal Holiday Commission salaries and expenses For necessary expenses of the Martin Luther King, Jr. Federal Holiday Commission, as authorized by Public Law 98–399, as amended, $300,000, to remain available until expended. Office of the United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by 5 U.S.C. 3109, $18,000,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $89,000 shall be available for official reception and representation expenses. Securities and Exchange Commission salaries and expenses For necessary expenses of the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for official reception and representation expenses, $168,707,000, of which not to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions: Provided, That immediately upon enactment of this Act, the rate of fees under section 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of 1 per centum to one-fortieth of 1 per centum and such increase shall be deposited as an offsetting receipt to the general fund of the Treasury. Small Business Administration salaries and expenses (including transfer of funds) For necessary expenses, not otherwise provided for, of the Small Business Administration as authorized by Public Law 100–590, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344, $242,000,000, of which $500,000 shall be made available for a grant to St. Norbert College in be Pere, Wisconsin, for a regional center for rural economic development, and of which $500,000 shall be made available for the establishment of a training program at the East-West Center to assist American businessmen and trade delegations in the Pacific Basin, and of which $1,500,000 shall be made available for a grant to the University of Kentucky’s Somerset Community College for a regional center for rural economic development with a special emphasis on small business and of which $50,000,000 is for grants for Small Business Development Centers as authorized by section 21 of the Small Business Act, as amended: Provided, That not more than $350,000 of this amount shall be available to pay the expenses of the National Small Business Development Center Advisory Board and to reimburse centers for participating in evaluations as provided in section 20(a) of such Act, and to maintain a clearinghouse as provided in section 21(g)(2) of such Act: Provided further, That none of the funds appropriated or made available by this Act to the Small Business Administration shall be used to adopt, implement, or enforce any rule or regulation with respect to the Small Business Development Center program authorized by section 21 of the Small Business Act, as amended (15 U.S.C. 648), nor may any of such funds be used to impose any restrictions, conditions or limitations on such program whether by standard operating procedure, audit guidelines or otherwise, unless such restrictions, conditions or limitations were in effect on October 1, 1987: Provided further, That none of the funds appropriated for the Small Business Administration under this Act maybe used to impose any new or increased loan guaranty fee or debenture guaranty fee: Provided further, That none of the funds appropriated for the Small Business Administration under this Act may be used to impose any new or increased user fee or management assistance fee. In addition, such sums as may be necessary for disaster loan-making activities, including loan servicing, shall be transferred to this appropriation from the “Disaster Loan Fund” as authorized by Public Law 100–590. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended (5 U.S.C. App. 3 as amended by Public Law 100–504), $7,400,000. business loan and investment fund For additional capital for the “Business Loan and Investment Fund”, $77,500,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note; and for additional capital for new direct loan obligations to be incurred by the “Business Loan and Investment Fund”, $82,000,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note: Provided, That no funds appropriated under this Act may be used to sell direct loans which are held by the Small Business Administration or any loan guaranty or debenture guaranty made by the Small Business Administration under the authority contained in the Small Business Investment Act of 1958, and which was held by the Federal Financing Bank on September 30, 1987. surety bond guarantees revolving fund For additional capital for the “Surety Bond Guarantees Revolving Fund”, authorized by the Small Business Investment Act, as amended, $11,000,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note. pollution control equipment contract guarantee revolving fund For additional capital for the “Pollution control equipment con-tract guarantee revolving fund” authorized by the Small Business Investment Act, as amended, $13,000,000, to remain available without fiscal year limitation as authorized by 15 U.S.C. 631 note. administrative provisions (1) Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended to read as follows: “(2) In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration, except as provided in paragraph (6), shall be— “(A) not less than 90 percent of the balance of the financing outstanding at the time of disbursement if such financing does not exceed $155,000; Provided, That the percentage of participation by the Administration may be reduced below 90 percent upon request of the participating lender; and “(B) subject to the limitation in paragraph (3)— “(i) not less than 70 percent nor more than 85 percent of the financing outstanding at the time of disbursement if such financing exceeds $155,000: Provided, That the participation by the Administration may be reduced below 70 percent upon request of the participating lender; and “(ii) not less than 85 percent of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16). The Administration shall not use the percent of guarantee requested as a criterion for establishing priorities in approving guarantee requests nor shall the Administration reduce the percent guaranteed to less than 85 percent under subparagraph (B) other than by determination made on each application. Notwithstanding subparagraphs (A) and (B), the Administration’s participation under the Preferred Lenders Program or any successor thereto shall be not less than 80 percent, except upon request of the participating lender. As used in this subsection, the term ‘Preferred Lenders Program’ means a program under which a written agreement between the lender and the Administration delegates to the lender (D complete authority to make and close loans with a guarantee from the Administration without obtaining the prior specific approval of the Administration, and (ID authority to service and liquidate such loans.”. (2) Section 7(a)(19) of the Small Business Act (15 U.S.C. 636(a)(19)) is amended to read as follows: “(19) (A) In addition to the Preferred Lenders Program authorized by the proviso in section 5(b)(7), the Administration is authorized to establish a Certified Lenders Pre®ram for lenders who establish their knowledge of Administration laws and regulations concerning the guaranteed loan program and their proficiency in program requirements. The designation of a lender as a certified lender shall be suspended or revoked at any time that the Administration determines that the lender is not adhering to its rules and regulations or that the loss experience of the lender is excessive as compared to other lenders, but such suspension or revocation shrill not affect any outstanding guarantee. “(B) In order to encourage all lending institutions and other entities making loans authorized under this subsection to provide loans of $50,000 or less in guarantees to eligible small business loan applicants, during fiscal years 1989, 1990, and 1991, the Administration shall (i) develop and allow participating lenders to solely utilize a uniform and simplified loan form for such loans, and (ii) allow such lenders to retain one-half of the fee collected pursuant to section (7)(a)(18) on such loans. A participating lender may not retain any fee pursuant to this paragraph if the amount committed and outstanding to the applicant would exceed $50,000 unless the amount in excess of $50,000 is an amount not approved under the provisions of this paragraph.”. (3) The last sentence of subparagraph (A) of section 8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1)) is amended to read as follows: “In the case of cosponsored activities which include the participation of a Federal, State, or local public official or agency, the Administration shall take such actions as it deems necessary to ensure that the cooperation does not constitute or imply an endorsement by the Administration of or give undue recognition to the public official or agency, and the Administration shall ensure that it receives appropriate recognition in all cosponsored printed mate-rials, whether the participant is a profit making concern or a governmental agency or public official.”. (4) Section 303 of the Small Business Investment Act of 1958 is amended by striking subsection (c) and inserting in lieu thereof the following new subsections: “(c) Subject to the following conditions, the Administration is authorized to purchase preferred securities, and to purchase, or to guarantee the timely payment of all principal and interest payments as scheduled, on debentures issued by small business investment companies operating under the authority of section 301(d) of this Act. The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any guarantee under this subsection. (1) The Administration may purchase shares of non voting stock (or other corporate securities having similar characteristics): Provided, That— (A) dividends are preferred and cumulative to the extent of 3 per centum of par value per annum, except as provided in paragraph (5); (B) on liquidation or redemption the Administration is entitled to the preferred payment of the par value of such securities; and prior to any distribution (other than to the Administration) the Administration shall be paid any amounts as may be due pursuant to subparagraph (A) of this paragraph; “(C) the purchase price shall be at par value and, in any one sale, $50,000 or more; “(D) the amount of such securities purchased and outstanding at any one time shall not exceed— “(i) from a company licensed on or before October 13, 1971, 200 per centum of the combined private paid-in cap-ital and paid-in surplus of such company, or “(ii) from any such company licensed after October 13, 1971, and having a combined paid-in capital and paid-in surplus of less than $500,000, 100 per centum of such capital and surplus, or “(iii) from any such company licensed after October 13, 1971, and having a combined private paid-in capital and paid-in surplus of $500,000 or more, 200 per centum of such capital and surplus; and “(E) the amount of such securities purchased by the Administration in excess of 100 per centum of such capital and surplus from any company described in clause (i) or (ui) may not exceed an amount equal to the amount of its funds invested in or legally committed to be invested in equity securities; for the purposes of this subsection, the term ‘equity securities’ means stock of any class (including preferred stock) or limited partner-ship interests, or shares in a syndicate, business trust, joint stock company or association, mutual corporation, cooperative or other joint venture for profit, or unsecured debt instruments which are subordinated by their terms to all other borrowings of the issuer. “(2) The Administration may purchase or guarantee debentures subordinated pursuant to subsection (b) of this section (other than securities purchased under paragraph (1) of this subsection (c)): Provided, That— “(A) such debentures are issued for a term of not to exceed fifteen years; “(B) the interest rate is determined pursuant to this section or section 317; and “(C) the amount of debentures purchased or guaranteed and outstanding at any one time pursuant to this paragraph (2) from a company having combined private paid-in capital and paid-in surplus of less than $500,000 shall not exceed 300 per centum of its combined private paid-in capital and paid-in surplus less the amount of preferred securities outstanding under paragraph (1) of this subsection, nor from a company having combined private paid-in capital and paid-in surplus of $500,000 or more, 400 per centum of its combined private paid-in capital and paid-in surplus less the amount of such preferred securities. “(3) Debentures purchased and outstanding pursuant to section 303(b) of this section may be retired simultaneously with the issuance of preferred securities to meet the requirements of subparagraph (2)(C) of this subsection (c). “(4) The Administration may require, as a condition of the purchase or guarantee of any securities in excess of 300 per centum of the combined private paid-in capital and paid-in surplus of a company, that the company maintain a percentage of its total funds available for investment in small business concerns invested or legally committed in venture capital (as defined in subsection (b) of this section) determined by the Administration to be reasonable and appropriate. “(5) Notwithstanding the foregoing provisions of this subsection, securities purchased by the Administration on or after the effective date of this Act (A) shall provide that dividends shall be preferred and cumulative to the extent of 4 per centum of par value per annum and (B) shall include a provision requiring the issuer to redeem such securities, including any accrued and unpaid dividends, in 15 years from the date of issuance: Provided, That the Administration may, in its discretion, guarantee debentures in such amounts as will permit the simultaneous redemption of such securities, including such amounts as it deems appropriate to include all or any part of accrued and unpaid dividends: Provided further, That the Administration shall not pay any part of the interest on such debentures except pursuant to its guarantee in the event of default in payment by the issuer. “(6) In no event shall the Administration purchase or guarantee debentures or securities if the amount of outstanding securities and debentures of a company operating under the authority of section 301(d) would exceed 400 per centum of its combined private paid-in capital and paid-in surplus or $35,000,000, which ever is less. “(d) If the Administration guarantees debentures issued by a small business investment company operating under authority of section 301(d) of this Act, it shall make, on behalf of the company payments in such amounts as will reduce the effective rate of interest to be paid by the company during the first five years of the term of such debentures to a rate of interest 3 points below the market rate of interest determined pursuant to section 321. Such payments shall be made by the Administration to the holder of the debenture, its agents or assigns, or to the appropriate central registration agent, if any. The aggregate amount of debentures with interest rate reductions as provided in this subsection or as provided in section 317 which may be outstanding at any time from any such company shall not exceed 200 per centum of the private paid-in capital and paid-in surplus of such company. The authority to reduce interest rates as provided in this subsection shall be limited to amounts provided in advance in appropriations Acts, and the total amount shall be reserved within the business loan and investment fund to pay an amount equal to the amount of the reduction as it becomes due. “(e) In determining the private capital of a small business investment company, Federal, State, or local government funds received from sources other than the Administration shall be included solely for regulatory purposes, and not for the purpose of obtaining financial assistance from or licensing by the Administration, providing such funds were invested prior to the effective date of this Act. “(f) Notwithstanding the provisions of any other law, rule, or regulation, the Administration is authorized to allow the issuer of any preferred stock heretofore sold to the Administration to redeem or repurchase such stock upon the payment to the Administration of an amount less than the par value of such stock. The Administration, in its sole discretion, shall determine the repurchase price after considering factors including, but not limited to, the market value of the stock, the value of benefits previously provided and anticipated to accrue to the issuer, the amount of dividends previously paid, accrued, and anticipated, and the Administration’s estimate of any anticipated redemption. The Administration may guarantee debentures as provided in paragraph (5) of subsection (c) and allow the issuer to use the proceeds to make the payments authorized herein. Any monies received by the Administration from the repurchase of preferred stock shall be deposited in the business loan and investment fund and shall be available solely to provide assistance to companies operating under the authority of section 301(d), to the extent and in the amounts provided in advance in appropriations Acts.”. (5) Section 321(a) of the Small Business Investment Act of 1958 is amended by inserting after the word “companies” the following: “, including companies operating under the authority of section 301(d),”. (6) Section 204 of the Small Business Development Center Act of 1980 (Public Law 96–302), as amended, is further amended by striking “October 1, 1990” and by inserting in lieu thereof “October 1, 1991”. (7) Notwithstanding any other provision of this Act, none of the funds appropriated or made available by this Act or otherwise appropriated or made available to the Small Business Administration shall be used to adopt, implement, or enforce any rule or regulation with respect to the Small Business Development Center program authorized by section 21 of the Small Business Act, as amended (15 U.S.C. 648) nor may any of such funds be used to impose any restrictions, conditions or limitations on such program whether by standard operating procedure, audit guidelines or other-wise, unless such restrictions, conditions or limitations were in effect on October 1, 1987, unless specifically approved by the Committee on Appropriations under reprogramming procedures except that this provision shall not apply to uniform common rules applicable to multiple Federal departments and agencies including the Small Business Administration; nor may any of such funds be used to restrict in any way the right of association of participants in such program. (8) The funds made available by this appropriations Act for Small Business Development Centers shall be available for grants for performance in fiscal year 1990 or fiscal year 1991. (9) The limitation of $1,813,250,000 on gross obligations for new direct loans to carry out section 7(b) of the Small Business Act, as amended, which is contained in section 108(c) of House Joint Resolution 423 as enacted into law is hereby waived: Provided, That the be facto credit limitation during fiscal year 1990 on gross obligations for new direct loans to carry out section 7(b) of the Small Business Act, as amended, imposed in the final Presidential sequestration order of October 16, 1989, and based on the calculation listed in the Final OMB Sequester Report to the President and Congress for Fiscal Year 1990 is hereby waived. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by The State Justice Institute Authorization Act of 1988 (Public Law 100–690 (102 Stat. 4466–4467)), $8,000,000, to remain available until expended: Provided, That section 607 of the Judicial Improvements and Access to Justice Act, Public Law 100–702, amending section 215 of the State Justice Institute Act of 1984 is hereby repealed and section 7321(a) of the Anti-Drug Abuse Act of 1988, Public Law 100–690, is hereby revived. United States Information Agency salaries and expenses For expenses, not otherwise provided for, necessary to enable the United States Information Agency, as authorized by the Mutual Education and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.) and Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out international communication, educational and cultural activities; and to carry out related activities authorized by law, including employment, without regard to civil service and classification laws, or persons on a temporary basis (not to exceed $700,000, of this appropriation), as authorized by 22 U.S.C. 1471, expenses authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), living quarters as authorized by 5 U.S.C, 5912, and allowances as authorized by 5 U.S.C. 5921–5928 and 22 U.S.C. 287e–1; and entertainment, including official receptions, within the United States, not to exceed $20,000 as authorized by 22 U.S.C. 1474(3); $638,569,000, none of which shall be restricted from use for the purposes appropriated herein: Provided, That not less than $32,800,000 shall be available for the Television and Film Service notwithstanding section 209(e) of Public Law 100–204: Provided further, That not to exceed $1,210,000 may be used for representation abroad as authorized by 22 U.S.C. 1452 and 4085: Provided further, That not to exceed $12,902,000 of the amounts allocated by the United States Information Agency to carry out section 102(a)(3) of the Mutual Educational and Cultural Exchange Act, as amended (22 U.S.C. 2452(a)(3)), shall remain available until expended: Provided further, That not to exceed $500,000 shall remain available until expended as authorized by 22 U.S.C. 1477(b), for expenses (including those authorized by the Foreign Service Act of 1980) and equipment necessary for maintenance and operation of data processing and administrative services as authorized by 31 U.S.C. 1535–1536: Provided further, That not to exceed $6,000,000 may be credited to this appropriation from fees or other payments received from or in connection with English teaching, library, motion pictures, television, and publication programs as authorized by section 810 of the United States Information and Educational Exchange Act of 1948, as amended. office of the inspector general For salaries and expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $3,675,000. educational and cultural exchange programs For expenses of Fulbright, International Visitor, Humphrey Fellowship, Private Sector, and Congress-Bundestag Exchange Pro-grams, as authorized by the Mutual Educational and Cultural Ex-change Act, as amended (22 U.S.C. 2451 et seq ), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636) $160,300,000, including up to $1,500,000, to remain available until expended, for the Eisenhower Exchange Fellowship Program. radio construction For an additional amount for the purchase, rent, construction, and improvement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio transmission and reception as authorized by 22 U.S.C. 1471, $85,000,000, to remain available until expended as authorized by 22 U.S.C. 1477b(a), of which not to exceed $16,000,000 may be available for the completion of testing and first-year operations of television broadcasting to Cuba, including, but not limited to the purchase, rent, construction, improvement and equipping of facilities, operations, and staffing: Provided, That such funds for television broad-casting to Cuba may be used to purchase or lease, maintain, and operate such aircraft (including aerostats) as may be required to house and operate necessary television broadcasting equipment: Provided further, That the availability of such funds for television broadcasting to Cuba shall be subject to the provisions of part B, title H of H.R. 1487 as passed the House of Representatives until such time as legislation authorizing such activity is enacted into law. Section 725 of the International Security and Development Co-operation Act of 1981 (22 U.S.C. 2370 note) is hereby repealed. radio broadcasting to cuba For an additional amount, necessary to enable the United States Information Agency to carry out the Radio Broadcasting to Cuba Act (providing for the Radio Marti Program or Cuba Service of the Voice of America), including the purchase, rent, construction, and improvement of facilities for radio transmission and reception and purchase and installation of necessary equipment for radio trans-mission and reception as authorized by 22 U.S.C. 1471, $12,700,000, to remain available until expended as authorized by 22 U.S.C. 1477b(a). east-west center To enable the Director of the United States Information Agency to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to any appropriate recipient in the State of Hawaii, $20,700,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or to enter into any contract providing for the payment thereof, in excess of the rate authorized for GS–18 of the Classification Act of 1949, as amended, exclusive of any cap on such rate. national endowment for democracy For grants made by the United States Information Agency to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $17,000,000.Federal Courts Administration Act of 1992
Pub. L. 102–572 title VIII § 801 · 106 Stat. 4506
Amended · 42 U.S.C. § 10713
Pub. L. 102–572 amended section generally. Prior to amendment, section authorized appropriations of $15,000,000 for each of fiscal years 1989, 1990, 1991, and 1992
Source evidence
Code amendment note
Pub. L. 102–572 amended section generally. Prior to amendment, section authorized appropriations of $15,000,000 for each of fiscal years 1989, 1990, 1991, and 1992.Enacted provision · exact public law section
SEC. 801. AUTHORIZATION OF APPROPRIATIONS. The text of section 215 of the State Justice Institute Act of 1984 (Public Law 98–620; 42 U.S.C. 10713) is amended to read as follows: “Sec. 215. There are authorized to be appropriated to carry out the purposes of this title $20,000,000 for fiscal year 1993, $20,000,000 for fiscal year 1994, $25,000,000 for fiscal year 1995, and $25,000,000 for fiscal year 1996. Amounts appropriated for each such year are to remain available until expended.”.State Justice Institute Reauthorization Act of 2004
Pub. L. 108–372 § 2 · 118 Stat. 1754
Amended · 42 U.S.C. § 10713
Pub. L. 108–372 amended section generally
Inserted · 42 U.S.C. § 10713
Pub. L. 108–372 inserting section catchline
Substituted · 42 U.S.C. § 10713
Pub. L. 108–372 substituting provisions authorizing appropriations for fiscal years 2005 to 2008 for provisions authorizing appropriations for fiscal years 1993 to 1996
Source evidence
Code amendment note
Pub. L. 108–372 amended section generally, inserting section catchline and substituting provisions authorizing appropriations for fiscal years 2005 to 2008 for provisions authorizing appropriations for fiscal years 1993 to 1996.Enacted provision · exact public law section
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 215 of the State Justice Institute Act of 1984 (42 U.S.C. 10713) is amended to read as follows: “Sec. 215. “Authorization of appropriations There are authorized to be appropriated to carry out the purposes of this title, $7,000,000 for each of fiscal years 2005, 2006, 2007, and 2008. Amounts appropriated for each such year are to remain available until expended.” .
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–620, , 98 Stat. 3336, known as the State Justice Institute Act of 1984, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 10701 of this title and Tables.
Amendments1988–2004 · 4 rounds
2004
Pub. L. 108–372 amended section generally, inserting section catchline and substituting provisions authorizing appropriations for fiscal years 2005 to 2008 for provisions authorizing appropriations for fiscal years 1993 to 1996.
1992
Pub. L. 102–572 amended section generally. Prior to amendment, section authorized appropriations of $15,000,000 for each of fiscal years 1989, 1990, 1991, and 1992.
1989
Pub. L. 101–162 repealed Pub. L. 100–702, § 607, and revived Pub. L. 100–690, § 7321(a). See 1988 Amendment notes below.
1988
Pub. L. 100–702, § 607, which amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 and 1990, such amounts to remain available until expended for authorization of $15,000,000 for fiscal years 1989, 1990, 1991, and 1992, was repealed by Pub. L. 101–162, title V.
Pub. L. 100–690, § 7321(a), as revived by Pub. L. 101–162, title V, amended section generally, substituting appropriations authorization of $15,000,000 for fiscal years 1989 through 1992 for authorization of $13,000,000 for fiscal year 1986 and $15,000,000 for fiscal years 1987 and 1988.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.
Credits
1984–2004 · 6 acts
- 1984Pub. L. 98–620, title II, § 215, , 98 Stat. 3346
- 1988Pub. L. 100–690, title VII, § 7321(a), , 102 Stat. 4466
- 1988Pub. L. 100–702, title VI, § 607, , 102 Stat. 4654
- 1989Pub. L. 101–162, title V, , 103 Stat. 1028
- 1992Pub. L. 102–572, title VIII, § 801, , 106 Stat. 4515
- 2004Pub. L. 108–372, § 2, , 118 Stat. 1754.
Show as published
(Pub. L. 98–620, title II, § 215, , 98 Stat. 3346; Pub. L. 100–690, title VII, § 7321(a), , 102 Stat. 4466; Pub. L. 100–702, title VI, § 607, , 102 Stat. 4654; Pub. L. 101–162, title V, , 103 Stat. 1028; Pub. L. 102–572, title VIII, § 801, , 106 Stat. 4515; Pub. L. 108–372, § 2, , 118 Stat. 1754.)