19 U.S.C. § 2401f | Fraud and recovery of overpayments

(a)

In general

(1)

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—

(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

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.

(b)

False statement

A 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.

(c)

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.

(d)

Payment to Treasury

Any amount recovered under this section shall be returned to the Treasury of the United States.

(e)

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.

Pub. L. 93–618, title II, § 297 Pub. L. 107–210, div. A, title I, § 141(a)Aug. 6, 2002116 Stat. 952 Pub. L. 111–5, div. B, title I, § 1885Feb. 17, 2009123 Stat. 419 Pub. L. 112–40, title II, § 201(b)Oct. 21, 2011125 Stat. 403 Pub. L. 114–27, title IV, § 402(b)June 29, 2015129 Stat. 374(, as added , , ; amended , , ; , (c), , ; , (c), , .)

Termination of Assistance

June 30, 2022For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

July 1, 2021Jan. 1, 2014Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40Jan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374Dec. 31, 2013June 29, 2015July 1, 2021Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 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. 111–5Feb. 13, 2011Pub. L. 111–5 Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403 Pub. L. 111–5Feb. 12, 2011Oct. 21, 2011Jan. 1, 2014Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 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.

Amendments

Pub. L. 114–27Dec. 31, 20132015—, §§ 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.

Pub. L. 112–40Feb. 12, 20112011—, §§ 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.

Pub. L. 111–52009—Subsec. (a)(1). , §§ 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

June 29, 2015Dec. 31, 2013Pub. L. 114–27 section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .

July 1, 2021Jan. 1, 2014section 406(b) of Pub. L. 114–27 section 406 of Pub. L. 114–27 section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .

Effective and Termination Dates of 2011 Revival

Oct. 21, 2011Feb. 12, 2011Pub. L. 112–40 section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .

Section 233 of Pub. L. 112–40 section 2271 of this titleJan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374June 29, 2015, formerly set out as a note preceding , 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 , , , effective . See Codification note above.

Effective and Termination Dates of 2009 Amendment

Pub. L. 111–5Feb. 17, 2009section 1891 of Pub. L. 111–5 section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .

Section 1893 of Pub. L. 111–5 section 2271 of this title Pub. L. 111–5Feb. 13, 2011Feb. 13, 2011Pub. L. 111–5 Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403Oct. 21, 2011, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.

Termination Date

June 30, 2022section 285 of Pub. L. 93–618 section 406(a)(7) of Pub. L. 114–27 section 2271 of this titleExcept as otherwise provided, technical assistance and financial assistance may not be provided under this part after , see , as modified by , set out as notes preceding .