19 USC 2401 - Fraud and recovery of overpayments

Collapse to view only § 2401f. Fraud and recovery of overpayments

§ 2401. Definitions
§ 2401a. Petitions; group eligibility
§ 2401b. Determinations by Secretary of Agriculture
§ 2401c. Study by Secretary of Agriculture when International Trade Commission begins investigation
§ 2401d. Benefit information to agricultural commodity producers
§ 2401e. Qualifying requirements for agricultural commodity producers
§ 2401f. Fraud and recovery of overpayments
§ 2401g. Authorization of appropriations

§ 2401. Definitions

In this part:

(1) Agricultural commodity

(2) Agricultural commodity producer

(3) Contributed importantly

(A) In general

(B) Determination of contributed importantly

(4) Duly authorized representative

(5) National average price

(6) Secretary

(Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 946; amended Pub. L. 109–280, title XIV, § 1635(f)(4), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 110–234, title I, § 1603(g)(6), May 22, 2008, 122 Stat. 1012; Pub. L. 110–246, § 4(a), title I, § 1603(g)(6), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 111–5, div. B, title I, § 1881, Feb. 17, 2009, 123 Stat. 414; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2401a. Petitions; group eligibility

(a) In general

(b) Hearings

The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines—

(1) that the national average price for the agricultural commodity, or a class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is less than 80 percent of the average of the national average price for such agricultural commodity, or such class of goods, for the 5 marketing years preceding the most recent marketing year; and

(2) that increases in imports of articles like or directly competitive with the agricultural commodity, or class of goods within the agricultural commodity, produced by the group contributed importantly to the decline in price described in paragraph (1).

(d) Special rule for qualified subsequent years

A group of agricultural commodity producers certified as eligible under section 2401b of this title shall be eligible to apply for assistance under this part in any qualified year after the year the group is first certified, if the Secretary determines that—

(1) the national average price for the agricultural commodity, or class of goods within the agricultural commodity, produced by the group for the most recent marketing year for which the national average price is available is equal to or less than the price determined under subsection (c)(1); and

(2) the requirements of subsection (c)(2) are met.

(e) Determination of qualified year and commodity

In this part:

(1) Qualified year

(2) Classes of goods within a commodity

(Pub. L. 93–618, title II, § 292, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 947; amended Pub. L. 111–5, div. B, title I, § 1882(a), Feb. 17, 2009, 123 Stat. 415; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2401b. Determinations by Secretary of Agriculture

(a) In general

(b) Notice

(Pub. L. 93–618, title II, § 293, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 948; amended Pub. L. 111–5, div. B, title I, §§ 1882(b), 1884, Feb. 17, 2009, 123 Stat. 416, 419; Pub. L. 112–40, title II, §§ 201(b), (c), 223(a)(1), Oct. 21, 2011, 125 Stat. 403, 412; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2401c. Study by Secretary of Agriculture when International Trade Commission begins investigation

(a) In general

Whenever the International Trade Commission (in this part referred to as the “Commission”) begins an investigation under section 2252 of this title with respect to an agricultural commodity, the Commission shall immediately notify the Secretary of the investigation. Upon receipt of the notification, the Secretary shall immediately conduct a study of—

(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this part, and

(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.

(b) Report

(Pub. L. 93–618, title II, § 294, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.)

§ 2401d. Benefit information to agricultural commodity producers

(a) In general

(b) Notice of benefits

(1) In general

(2) Other notice

(3) Other Federal assistance

(Pub. L. 93–618, title II, § 295, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.)

§ 2401e. Qualifying requirements for agricultural commodity producers

(a) In general

(1) RequirementsPayment of a 1

1 So in original. Probably should be “an”.

adjustment assistance under this part shall be made to an adversely affected agricultural commodity producer covered by a certification under this part who files an application for such assistance within 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under section 2401b of this title, if the following conditions are met:

(A) The producer submits to the Secretary sufficient information to establish the amount of agricultural commodity covered by the application filed under this subsection that was produced by the producer in the most recent year.

(B) The producer certifies that the producer has not received cash benefits under any provision of this subchapter other than this part.

(C) The producer’s net farm income (as determined by the Secretary) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received by the producer under this part.

(D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including—

(i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and

(ii) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements.

(2) Limitations

(A) Adjusted gross income

(i) In general

(ii) CertificationTo comply with the limitation under subparagraph (A),2

2 So in original. Probably should be a reference to clause (i).

an individual or entity shall provide to the Secretary—(I) a certification by a certified public accountant or another third party that is acceptable to the Secretary that the average adjusted gross income of the producer does not exceed the level set forth in section 1308–3a of title 7; or(II) information and documentation regarding the adjusted gross income of the producer through other procedures established by the Secretary.

(B) Counter-cyclical payments

(i) Adjusted gross incomeThe term “adjusted gross income” means adjusted gross income of an agricultural commodity producer—(I) as defined in section 62 of title 26 and implemented in accordance with procedures established by the Secretary; and(II) that is earned directly or indirectly from all agricultural and nonagricultural sources of an individual or entity for a fiscal or corresponding crop year.

(ii) Average adjusted gross income(I) In general(II) Effective adjusted gross income

(b) Amount of cash benefits

(1) In generalSubject to the provisions of section 2401g of this title, an adversely affected agricultural commodity producer described in subsection (a) shall be entitled to adjustment assistance under this part in an amount equal to the product of—

(A) one-half of the difference between—

(i) an amount equal to 80 percent of the average of the national average price of the agricultural commodity covered by the application described in subsection (a) for the 5 marketing years preceding the most recent marketing year, and

(ii) the national average price of the agricultural commodity for the most recent marketing year, and

(B) the amount of the agricultural commodity produced by the agricultural commodity producer in the most recent marketing year.

(2) Special rule for subsequent qualified years

(d) Limitations on other assistanceAn agricultural commodity producer entitled to receive a cash benefit under this part—

(1) shall not be eligible for any other cash benefit under this subchapter, and

(2) shall be entitled to employment services and training benefits under division II of subpart B of part 2.

(Pub. L. 93–618, title II, § 296, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949; amended Pub. L. 108–429, title II, § 2004(a)(9), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1883(a), Feb. 17, 2009, 123 Stat. 416; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2401f. Fraud and recovery of overpayments

(a) In general

(1) RepaymentIf 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, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—

(A) the payment was made without fault on the part of such person; and

(B) requiring such repayment would be contrary to equity and good conscience.

(2) Recovery of overpayment

(b) False statementA person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—

(1) if the Secretary, or a court of competent jurisdiction, determines that the person—

(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or

(B) knowingly has failed, or caused another to fail, to disclose a material fact; and

(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.

(d) Payment to Treasury

(e) Penalties

(Pub. L. 93–618, title II, § 297, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 952; amended Pub. L. 111–5, div. B, title I, § 1885, Feb. 17, 2009, 123 Stat. 419; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2401g. Authorization of appropriations

(a) In general

(b) Proportionate reduction

(Pub. L. 93–618, title II, § 298, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 952; amended Pub. L. 110–89, § 1(c), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, § 1887, Feb. 17, 2009, 123 Stat. 420; Pub. L. 111–344, title I, § 101(c)(12), Dec. 29, 2010, 124 Stat. 3614; Pub. L. 112–40, title II, §§ 201(b), (c), 223(b), Oct. 21, 2011, 125 Stat. 403, 413; Pub. L. 114–27, title IV, §§ 402(b), (c), 403(d)(3), June 29, 2015, 129 Stat. 374.)