Title 7 — Agriculture
Chapter 115 — Agricultural Commodity Policy and Programs
§ 9096. Signature authority
Statutory text
In general
In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature.
Affirmation
In general
Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a).
No retroactive effect
A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers—
relied on the prior approval by the Secretary of the documents in good faith; and
substantively complied with all program requirements.
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.
Agricultural Act of 2014
Pub. L. 113–79 title I § 1613 · 128 Stat. 649
Enacted · 7 U.S.C. § 9096
(Pub. L. 113–79, title I, § 1613, Feb. 7, 2014, 128 Stat. 710.)
Source evidence
Code source credit
(Pub. L. 113–79, title I, § 1613, Feb. 7, 2014, 128 Stat. 710.)Enacted provision · exact public law section
SEC. 1613. SIGNATURE AUTHORITY. (a) In General.— In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. (b) Affirmation.— (1) In general.— Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect.— A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This title and title II, referred to in subsec. (a), are titles I and II of Pub. L. 113–79, , 128 Stat. 658, 713. Title I of the Act is classified principally to this chapter. Title II of the Act enacted, amended, and repealed numerous sections and provisions set out as notes in Title 16, Conservation, and Title 43, Public Lands. For complete classification of titles I and II to the Code, see Tables.