Title 19 — Customs Duties
Part 6 · Chapter 12 — Trade Act of 1974
§ 2401f. Fraud and recovery of overpayments
Statutory text
In general
Repayment
If 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—
the payment was made without fault on the part of such person; and
requiring such repayment would be contrary to equity and good conscience.
Recovery of overpayment
Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
False statement
A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
if the Secretary, or a court of competent jurisdiction, determines that the person—
knowingly has made, or caused another to make, a false statement or representation of a material fact; or
knowingly has failed, or caused another to fail, to disclose a material fact; and
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.
Notice and determination
Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final.
Payment to Treasury
Any amount recovered under this section shall be returned to the Treasury of the United States.
Penalties
Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this part shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.
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.
Trade Act of 1974
Pub. L. 93–618 title II § 297 · 88 Stat. 1978
Enacted · 19 U.S.C. § 2401f
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
Source evidence
Code source credit
Pub. L. 93–618, title II, § 297, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 952Trade and Globalization Adjustment Assistance Act of 2009
Pub. L. 111–5 div. B title I § 1885 · 123 Stat. 115
Inserted · 19 U.S.C. § 2401f(a)(1)
Pub. L. 111–5, §§ 1885, 1893, temporarily inserted “or has expended funds received under this part for a purpose that was not approved by the Secretary,” after “entitled,” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–5, §§ 1885, 1893, temporarily inserted “or has expended funds received under this part for a purpose that was not approved by the Secretary,” after “entitled,” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Enacted provision · exact public law section
SEC. 1885. FRAUD AND RECOVERY OF OVERPAYMENTS. Section 297(a)(1) of the Trade Act of 1974 (19 U.S.C. 2401f(a)(1)) is amended by inserting “or has expended funds received under this chapter for a purpose that was not approved by the Secretary,” after “entitled,”.Effective date note
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 title II § 201(b) · 125 Stat. 403
Changed · 19 U.S.C. § 2401f
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below
Source evidence
Code amendment note
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.Enacted provision · exact public law section
(b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on February 12, 2011, and as amended by this subtitle, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.Effective date note
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.Trade Adjustment Assistance Reauthorization Act of 2015
Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362
Changed · 19 U.S.C. § 2401f
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below
Source evidence
Code amendment note
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.Enacted provision · exact public law section
(b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
Editorial Notes
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the , revival of this section as in effect on , was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, and the provisions of this section, as in effect on , were temporarily revived, effective , until , by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.
Section 1893 of Pub. L. 111–5, which provided for , termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on , were temporarily revived, effective , until , by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
Amendments2009–2015 · 3 rounds
2015
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
2011
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
2009
Subsec. (a)(1). Pub. L. 111–5, §§ 1885, 1893, temporarily inserted “or has expended funds received under this part for a purpose that was not approved by the Secretary,” after “entitled,” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.
For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.
Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, effective . See Codification note above.
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on , see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.
Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after , and that this section be applied and administered beginning , as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, effective . See Codification note above.
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after , 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.
Credits
2002–2015 · 4 acts
- 2002Pub. L. 93–618, title II, § 297, as added Pub. L. 107–210, div. A, title I, § 141(a), , 116 Stat. 952
- 2009amended Pub. L. 111–5, div. B, title I, § 1885, , 123 Stat. 419
- 2011Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403
- 2015Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.
Show as published
(Pub. L. 93–618, title II, § 297, as added Pub. L. 107–210, div. A, title I, § 141(a), , 116 Stat. 952; amended Pub. L. 111–5, div. B, title I, § 1885, , 123 Stat. 419; Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.)