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19 U.S.C. § 2314 — Liabilities of certifying and disbursing of-

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

19 U.S.C. § 2314 — Liabilities of certifying and disbursing of-

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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Stable record: federal_law:legal_authorities:usc2024-783c5901ad7456414f735455
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

19 U.S.C. § 2314 — Administration absent State agreement

**(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).

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