Page:United States Statutes at Large Volume 116 Part 2.djvu/170

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116 STAT. 952 PUBLIC LAW 107-210—AUG. 6, 2002 19 USC 2401f. " SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS. "(a) IN GENERAL.— "(1) REPAYMENT.— I f the Secretary, or a court of competent jurisdiction, determines that any person has received any pay- ment under this chapter 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 chapter. "(b) FALSE STATEMENT.—^A person shall, in addition to any other penalty provided by law, be ineligible for any further pay- ments under this chapter— "(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 chapter 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 chapter shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. 19 USC 240 Ig. "SEC. 298. AUTHORIZATION OF APPROPRIATIONS. "(a) IN GENERAL. — T here are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $90,000,000 for each of the fiscal years 2003 through 2007 to carry out the purposes of this chapter. "(b) PROPORTIONATE REDUCTION.—I f in any year the amount appropriated under this chapter is insufficient to meet the requirements for adjustment assistance payable under this chapter, the amount of assistance payable under this chapter shall be reduced proportionately. ".