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19 U.S.C. § 2314 — Liabilities of certifying and disbursing of-
Federal law — U.S. Code and appendices · legal_authorities
Page 614
TITLE 19—CUSTOMS DUTIES
§ 2313
(Pub. L. 93–618, title II, § 240, Jan. 3, 1975, 88 Stat.
2025.)
Statutory Notes and Related Subsidiaries
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.
§ 2313. Payments to States
(a) Certification to Secretary of the Treasury for
payment to cooperating States
The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to
each cooperating State the sums necessary to
enable such State as agent of the United States
to make payments provided for by this part.
(b) Utilization or return of money
All money paid a State under this section
shall be used solely for the purposes for which it
is paid; and money so paid which is not used for
such purposes shall be returned, at the time
specified in the agreement under this subpart, to
the Secretary of the Treasury.
(c) Surety bonds
Any agreement under this subpart may re-
quire any officer or employee of the State certi-
fying payments or disbursing funds under the
agreement or otherwise participating in the per-
formance of the agreement, to give a surety
bond to the United States in such amount as the
Secretary may deem necessary, and may provide
for the payment of the cost of such bond from
funds for carrying out the purposes of this part.
(Pub. L. 93–618, title II, § 241, Jan. 3, 1975, 88 Stat.
2025; Pub. L. 97–35, title XXV, § 2513(b), Aug. 13,
1981, 95 Stat. 889.)
Editorial Notes
AMENDMENTS
1981—Subsec. (a). Pub. L. 97–35 struck out provisions
rel
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Source file: Laws/federal/codes/united-states-code-2024/title-19/section-2314-liabilities-of-certifying-and-disbursing-of--0e55d773e8.md
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Source location: USCODE-2024-title19-chap12-subchapII-part2-subpartc-sec2314.pdf
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Page 614
TITLE 19—CUSTOMS DUTIES
§ 2313
(Pub. L. 93–618, title II, § 240, Jan. 3, 1975, 88 Stat.
2025.)
Statutory Notes and Related Subsidiaries
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.
§ 2313. Payments to States
(a) Certification to Secretary of the Treasury for
payment to cooperating States
The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to
each cooperating State the sums necessary to
enable such State as agent of the United States
to make payments provided for by this part.
(b) Utilization or return of money
All money paid a State under this section
shall be used solely for the purposes for which it
is paid; and money so paid which is not used for
such purposes shall be returned, at the time
specified in the agreement under this subpart, to
the Secretary of the Treasury.
(c) Surety bonds
Any agreement under this subpart may re-
quire any officer or employee of the State certi-
fying payments or disbursing funds under the
agreement or otherwise participating in the per-
formance of the agreement, to give a surety
bond to the United States in such amount as the
Secretary may deem necessary, and may provide
for the payment of the cost of such bond from
funds for carrying out the purposes of this part.
(Pub. L. 93–618, title II, § 241, Jan. 3, 1975, 88 Stat.
2025; Pub. L. 97–35, title XXV, § 2513(b), Aug. 13,
1981, 95 Stat. 889.)
Editorial Notes
AMENDMENTS
1981—Subsec. (a). Pub. L. 97–35 struck out provisions
relating to payment to the State by the Secretary of
the Treasury from the Adjustment Assistance Trust
Fund prior to audit or settlement by the General Ac-
counting Office.
Subsec. (b). Pub. L. 97–35 struck out provisions relat-
ing to crediting money returned to the Secretary of the
Treasury to the Adjustment Assistance Trust Fund.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION
PROVISIONS
Amendment by Pub. L. 97–35 effective Aug. 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.
§ 2314. Liabilities of certifying and disbursing of-
ficers
(a) Certifying officer
No person designated by the Secretary, or des-
ignated pursuant to an agreement under this
subpart, as a certifying officer, shall, in the ab-
sence of gross negligence or intent to defraud
the United States, be liable with respect to any
payment certified by him under this part.
(b) Disbursing officer
No disbursing officer shall, in the absence of
gross negligence or intent to defraud the United
States, be liable with respect to any payment by
him under this part if it was based upon a
voucher signed by a certifying officer designated
as provided in subsection (a).
(Pub. L. 93–618, title II, § 242, Jan. 3, 1975, 88 Stat.
2026.)
Statutory Notes and Related Subsidiaries
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.
§ 2315. Fraud and recovery of overpayments
(a) Repayment; deductions
(1) If a cooperating State agency, the Sec-
retary, or a court of competent jurisdiction de-
termines that any person has received any pay-
ment 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 de-
termines, in accordance with guidelines pre-
scribed by the Secretary, that—
(A) the payment was made without fault on
the part of such individual, and
(B) requiring such repayment would be con-
trary to equity and good conscience.
(2) Unless an overpayment is otherwise recov-
ered, or waived under paragraph (1), the State
agency or the Secretary shall recover the over-
payment by deductions from any sums payable
to such person under this part, under any Fed-
eral unemployment compensation law adminis-
tered by the State agency or the Secretary, or
under any other Federal law administered by
the State agency or the Secretary which pro-
vides for the payment of assistance or an allow-
ance with respect to unemployment, and, not-
withstanding any other provision of State law or
Federal law to the contrary, the Secretary may
require the State agency to recover any over-
payment under this part by deduction from any
unemployment insurance payable to such person
under the State law, except that no single de-
duction under this paragraph shall exceed 50
percent of the amount otherwise payable.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation of regulations; fair hearing** In any State where there is no agreement in force between a State or its agency under [section 2311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311&num=0&edition=prelim), the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subpart B of this part, including provision for a fair hearing for any worker whose application for payments is denied.
**(b) Review of final determination** A final determination under subsection (a) with respect to entitlement to program benefits under subpart B of this part is subject to review by the courts in the same manner and to the same extent as is provided by [section 405(g) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section405/g&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2314
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