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19 U.S.C. § 2317 — Fraud and recovery of overpayments
Federal law — U.S. Code and appendices · legal_authorities
**(a) Repayment; deductions**
(1) If a cooperating State agency, 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, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary may waive such repayment if such agency or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
**(b) False representation or nondisclosure of material fact** If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual—
(1) knowingly has made, or caused another to
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Source file: Laws/federal/codes/united-states-code/title-19/section-2317-fraud-and-recovery-of-overpayments--21d1bf1142.md
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Source location: Title 19, Chapter 12, § 2317; chapter-012-trade-act-of-1974.md
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**(a) Repayment; deductions**
(1) If a cooperating State agency, 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, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary may waive such repayment if such agency or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
**(b) False representation or nondisclosure of material fact** If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual—
(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or
(2) 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 individual has received any payment under this part to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part.
**(c) Notice of determination; fair hearing; finality** 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 State agency or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the individual concerned, and the determination has become final.
**(d) Recovered amount returned to Treasury** Any amount recovered under this section shall be returned to the Treasury of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part as the “Commission”) begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.
**(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Delegation of functions as to eligibility certification** In the case of any firm which is small (within the meaning of the Small Business Act [[15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) et seq.] and regulations promulgated thereunder), the Secretary may delegate all of his functions under this part (other than the functions under sections 2341 and 2342(d) 11 See References in Text note below. of this title with respect to the certification of eligibility and [section 2354 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2354&num=0&edition=prelim)) to the Administrator of the Small Business Administration.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary $16,000,000 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,22 See Application of Subsection (b) note below. to carry out the Secretary’s functions under this part in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.
**(c) Transfer of unexpended appropriations** The unexpended balances of appropriations authorized by section 1912(d) 1 of this title are transferred to the Secretary to carry out his functions under this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There 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 part, and there are authorized to be appropriated and there are appropriated to the Department of Agriculture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007.11 See Application of Subsection (a) note below.
**(b) Proportionate reduction** If in any year the amount appropriated under this part is insufficient to meet the requirements for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately.
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Federal law — U.S. Code and appendices · legal_authorities
Page 616
TITLE 19—CUSTOMS DUTIES
§ 2316
1 See Application of Subsection (a) note below.
was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21,
2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica-
tion note above.
EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION
PROVISIONS
Amendment by Pub. L. 97–35 effective Aug. 13, 1981,
with transition provisions applicable, see section 2514
of Pub. L. 97–35, set out as a note under section 2291 of
this title.
TERMINATION DATE
No trade adjustment assistance, vouchers, allow-
ances, or other payments or benefits may be provided
under this part after June 30, 2022, except as otherwise
provided, 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.
§ 2316. Penalties
Whoever makes a false statement of a mate-
rial 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 fur-
nished under this part or pursuant to an agree-
ment under section 2311 of this title shall be
fined not more than $1,000 or imprisoned for not
more than one year, or both.
(Pub. L. 93–618, title II, § 244, Jan. 3, 1975, 88 Stat.
2026; Pub. L. 111–5, div. B, title I, § 1801(d), Feb.
17, 2009, 123 Stat. 369; Pub. L. 112–40, title II,
§ 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L.
114–27, title IV, § 402(b), (c), June 29, 2015, 129
Stat. 374.)
TERMINATION OF ASSISTANCE
For termination of assistance under this part
after June 30, 2022, see Termination Date note
below.
Editorial Notes
CODIFICATION
Section reflects the July 1, 2021, reversion to provi-
sions in effect on Jan. 1, 2014. See Effective and Termi-
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