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19 U.S.C. § 2411 — Fraud and recovery of overpayments

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2411 — 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 determ

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Stable record: federal_law:legal_authorities:record_usc_363b752f0d75a95c8778a056
Source file: Laws/federal/codes/united-states-code/title-19/section-2411-fraud-and-recovery-of-overpayments--5fa9eed1d5.md
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Source location: Title 19, Chapter 12, § 2411; chapter-012-trade-act-of-1974.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1339 — Trade Remedy Assistance Office

**(a) Establishment; public information** There is established in the Commission a separate office to be known as the Trade Remedy Assistance Office which shall provide full information to the public upon request and shall, to the extent feasible, provide assistance and advice to interested parties concerning— (1) remedies and benefits available under the trade laws, and (2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits. **(b) Procedural assistance by Office and other agencies** The Trade Remedy Assistance Office, in coordination with each agency responsible for administering a trade law, shall provide technical and legal assistance and advice to eligible small businesses to enable them— (1) to prepare and file petitions and applications (other than those which, in the opinion of the Office, are frivolous); and (2) to seek to obtain the remedies and benefits available under the trade laws, including any administrative review or administrative appeal thereunder. **(c) Definitions** For purposes of this section— (1) The term “eligible small business” means any business concern which, in the agency’s judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an “eligible small business”, the agency may consult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not r

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1872 — Interagency trade organization

**(a) Establishment; functions; membership and composition; participation of representatives of other agencies; meetings** (1) The President shall establish an interagency organization. (2) The functions of the organization are— (A) to assist, and make recommendations to, the President in carrying out the functions vested in him by the trade laws and to advise the United States Trade Representative (hereinafter in this section referred to as the “Trade Representative”) in carrying out the functions set forth in [section 2171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171&num=0&edition=prelim); (B) to assist the President, and advise the Trade Representative, with respect to the development and implementation of the international trade policy objectives of the United States; and (C) to advise the President and the Trade Representative with respect to the relationship between the international trade policy objectives of the United States and other major policy areas which may significantly affect the overall international trade policy and trade competitiveness of the United States. (3) The interagency organization shall be composed of the following: (A) The Trade Representative, who shall be chairperson. (B) The Secretary of Commerce. (C) The Secretary of State. (D) The Secretary of the Treasury. (E) The Secretary of Agriculture. (F) The Secretary of Labor. The Trade Representative may invite representatives from other agencies, as appropriate, to attend particular meetings if subject matters of specific functional interest to such agencies are under consideration. It shall meet at such times and with respect to such matters as the President or the Chairman shall direct. **(b) Duties** In as

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2114 — Barriers to and other distortions of trade

**(a) Congressional findings; directives; disavowal of prior approval of legislation** The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade. **(b) Presidential determinations prerequisite to entry into trade agreements; trade with Israel** (1) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2192 — Structure, functions, powers, and personnel

**(a) Establishment within Executive Office of the President** There is established within the Executive Office of the President the Office of the United States Trade Representative (hereinafter in this section referred to as the “Office”). **(b) United States Trade Representative; Deputy United States Trade Representatives** (1) The Office shall be headed by the United States Trade Representative who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary. (2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Amba

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2212 — Special rules relating to Congressional procedures

**(a) Delivery of documents to both Houses** Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or 2437(a) or (b), a document is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. **(b) Computation of 90-day period** For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period referred to in such sections shall be computed by excluding— (1) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and (2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2232 — Reports

**(a) Annual report on trade agreements program and national trade policy agenda** (1) The President shall submit to the Congress during each calendar year (but not later than March 1 of that year) a report on— (A) the operation of the trade agreements program, and the provision of import relief and adjustment assistance to workers and firms, under this chapter during the preceding calendar year; and (B) the national trade policy agenda for the year in which the report is submitted. (2) The report shall include, with respect to the matters referred to in paragraph (1)(A), information regarding— (A) new trade negotiations; (B) changes made in duties and nontariff barriers and other distortions of trade of the United States; (C) reciprocal concessions obtained; (D) changes in trade agreements (including the incorporation therein of actions taken for import relief and compensation provided therefor); (E) the extension or withdrawal of nondiscriminatory treatment by the United States with respect to the products of foreign countries; (F) the extension, modification, withdrawal, suspension, or limitation of preferential treatment to exports of developing countries; (G) the results of actions to obtain the removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment; (H) the measures being taken to seek the removal of other significant foreign import restrictions; (I) each of the referrals made under [section 2171(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/1/B&num=0&edition=prelim) an

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2251 — Estimates of barriers to market access

**(a) National trade estimates** (1) **In general** — For calendar year 1988, and for each succeeding calendar year, the United States Trade Representative, through the interagency trade organization established pursuant to [section 1872(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872/a&num=0&edition=prelim) and with the assistance of the interagency advisory committee established under [section 2171(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171/d/2&num=0&edition=prelim), shall— (A) identify and analyze acts, policies, or practices of each foreign country which constitute significant barriers to, or distortions of— (i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; 11 So in original. The semicolon probably should be a comma. and (iii) United States electronic commerce,22 So in original. The comma probably should be a semicolon. (B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and (C) make an estimate, if feasible, of— (i) the value of additional goods and services of the United States, (ii) the value of additional foreign direct investment by United States persons, and (iii) the value of additional United States electronic commerce, that would have been exported to, or invested in or transacted with,,33 So in original. each foreign country during such ca

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2413 — Actions by United States Trade Representative

**(a) Mandatory action** (1) If the United States Trade Representative determines under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim) that— (A) the rights of the United States under any trade agreement are being denied; or (B) an act, policy, or practice of a foreign country— (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or (ii) is unjustifiable and burdens or restricts United States commerce; the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country. (2) The Trade Representative is not required to take action under paragraph (1) in any case in which— (A) the Dispute Settlement Body (as defined in [section 3531(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3531/5&num=0&edition=prelim)) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that— (i) the rights of the United States under a trade agreement are not being denied, or (ii) the act, policy, or practice— (I) is not

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2414 — Initiation of investigations

**(a) Petitions** (1) Any interested person may file a petition with the Trade Representative requesting that action be taken under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) and setting forth the allegations in support of the request. (2) The Trade Representative shall review the allegations in any petition filed under paragraph (1) and, not later than 45 days after the date on which the Trade Representative received the petition, shall determine whether to initiate an investigation. (3) If the Trade Representative determines not to initiate an investigation with respect to a petition, the Trade Representative shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. (4) If the Trade Representative makes an affirmative determination under paragraph (2) with respect to a petition, the Trade Representative shall initiate an investigation regarding the issues raised in the petition. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views concerning the issues, including a public hearing— (A) within the 30-day period beginning on the date of the affirmative determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition, or (B) at such other time if a timely request therefor is made by the petitioner or by any interested person. **(b) Initiation of investigation by means other than petition** (1) (A) If the Trade Representative determines that an investigation should be in

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