5 U.S.C. § 8505 — Payments to States

Page 1204 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8505 HISTORICAL AND REVISION NOTES—CONTINUED 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large Sept. 13, 1960, Pub. L. 86–778, § 542(b)(2), 74 Stat. 986. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8504(3) ....... [Uncodified]. Sept. 13, 1960, Pub. L. 86–778, § 542(a)(2), 74 Stat. 985. This section also amends 5 U.S.C. 8504 to eliminate certain provisions that are now obsolete. The obsolete provisions were based on section 542(b)(2) of the act of September 13, 1960, 74 Stat. 986, that amended section 1504 of the Social Security Act effective January 1, 1961, but only in the case of first claims filed before January 1, 1966. Any existing rights are preserved by section 7 of this bill. Editorial Notes AMENDMENTS 1976—Par. (3). Pub. L. 94–566 struck out par. (3) which covered the assignment to the Virgin Islands of the Federal service and Federal wages of Federal employ- ees whose first claims were filed while residing in the Virgin Islands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–566 applicable with respect to benefit years beginning on or after later of Oct. 1, 1976, or first day of first week for which compensation becomes payable under an unemployment compensa- tion law of Virgin Islands which is approved by Sec- retary of Labor under section 3304(a) of Title 26, Inter- nal Revenue Code, see section 116(f)(3), set out as a note under section 3304 of Title 26. § 8505. Payments to States (a) Each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages an amount which shall bear the same ratio to the total amount of compensation paid to such individual as the amount of his Federal wages in his base period bears to the total amount of his base period wages. (b) Each State shall be paid, either in advance or by way of reimbursement, as may be deter- mined by the Secretary of Labor, the sum that the Secretary estimates the State is entitled to receive under this subchapter for each calendar month. The sum shall be reduced or increased by the amount which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Secretary and the State agency. (c) The Secretary, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or set- tlement by the Government Accountability Of- fice, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this subchapter. (d) Money paid a State under this subchapter may be used solely for the purposes for which it is paid. Money so paid which is not used for these purposes shall be returned, at the time specified by the agreement, to the Treasury of the United States and credited to current appli- cable appropriations, funds, or accounts from which payments to States under this subchapter may be made. (e) An agreement may— (1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who otherwise par- ticipates in its performance, to give a surety bond to the United States in the amount the Secretary considers necessary; and (2) provide for payment of the cost of the bond from funds for carrying out the purposes of this subchapter. (f) In the absence of gross negligence or intent to defraud the United States, an individual des- ignated by the Secretary, or designated under an agreement, as a certifying official is not liable for the payment of compensation certified by him under this subchapter. (g) In the absence of gross negligence or intent to defraud the United States, a disbursing offi- cial is not liable for a payment by him under this subchapter if it was based on a voucher signed by a certifying official designated as pro- vided by subsection (f) of this section. (h) For the purpose of payments made to a State under subchapter III of chapter 7 of title 42, administration by a State agency under an agreement is deemed a part of the administra- tion of the State unemployment compensation law. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 588; Pub. L. 94–566, title II, § 214(a), Oct. 20, 1976, 90 Stat. 2678; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1366. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1506’’, 68 Stat. 1133. In the first sentence of subsection (d), the word ‘‘may’’ is substituted for ‘‘shall’’ since the sentence does not direct the use of the money, rather it limits the purposes for which the money may be used. In subsections (f) and (g), the word ‘‘official’’ is sub- stituted for ‘‘officer’’ because of the definition of ‘‘offi- cer’’ in section 2104. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1976—Subsec. (a). Pub. L. 94–566 substituted provi- sions that each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages an amount Page 1205 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8508 which shall bear the same ratio to the total amount of compensation paid to such individual as the amount of his Federal wages in his base period bears to the total amount of his base period wages for provisions that each State is entitled to be paid by the United States an amount equal to the additional cost to the State of payments of compensation in accordance with an agreement under this subchapter which would not have been made by the State but for the agreement. Statutory Notes and Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–566 applicable with regard to compensation paid on the basis of claims for com- pensation filed on or after July 1, 1977, see section 214(c) of Pub. L. 94–566, set out as a note under section 8501 of this title. § 8506. Dissemination of information (a) Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements under this sub- chapter, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the enti- tlement of the Federal employee to compensa- tion under this subchapter. The information shall include the findings of the employing agen- cy concerning— (1) whether or not the Federal employee has performed Federal service; (2) the periods of Federal service; (3) the amount of Federal wages; and (4) the reasons for termination of Federal service. The employing agency shall make the findings in the form and manner prescribed by regula- tions of the Secretary. The regulations shall in- clude provision for correction by the employing agency of errors and omissions. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter II of this chapter. (b) The agency administering the unemploy- ment compensation law of a State shall furnish the Secretary such information as he considers necessary or appropriate in carrying out this subchapter. The information is deemed the re- port required by the Secretary for the purpose of section 503(a)(6) of title 42. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 589; Pub. L. 94–566, title III, § 313(a), Oct. 20, 1976, 90 Stat. 2680.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1367. Sept. 1, 1954, ch. 1212, § 4(a) ‘‘Sec. 1507’’, 68 Stat. 1134. Aug. 28, 1958, Pub. L. 85–848, § 4, 72 Stat. 1089. Sept. 13, 1960, Pub. L. 86–778, § 531(f), 74 Stat. 984. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–566 struck out provision that findings made in accordance with the Secretary’s regulations were final and conclusive for the purpose of sections 8502(d) and 8503(c) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–566, title III, § 313(b), Oct. 20, 1976, 90 Stat. 2680, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to findings made after the date of the enactment of this Act [Oct. 20, 1976].’’ § 8507. False statements and misrepresentations (a) If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual— (1) knowingly has made, or caused to be made by another, a false statement or rep- resentation of a material fact, or knowingly has failed, or caused another to fail, to dis- close a material fact; and (2) as a result of that action has received an amount as compensation under this sub- chapter to which he was not entitled; the individual shall repay the amount to the State agency or the Secretary. Instead of requir- ing repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation pay- able to the individual under this subchapter dur- ing the 2-year period after the date of the find- ing. A finding by a State agency or the Sec- retary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 8502(d) and 8503(c) of this title. (b) An amount repaid under subsection (a) of this section shall be— (1) deposited in the fund from which pay- ment was made, if the repayment was to a State agency; or (2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 590.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 42 U.S.C. 1368(b). Sept. 1, 1954, ch. 1212, § 4(a), ‘‘Sec. 1508(b)’’, 68 Stat. 1135. In subsection (a), the words ‘‘as the case may be’’, ‘‘be liable to’’, and ‘‘of any amount’’ are omitted as un- necessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 8508. Regulations The Secretary of Labor may prescribe rules and regulations necessary to carry out this sub- chapter and subchapter II of this chapter. The