19 U.S.C. § 2315 — Fraud and recovery of overpayments

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. Page 615 TITLE 19—CUSTOMS DUTIES § 2315 (b) False representation or nondisclosure of ma- terial 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 rep- resentation, or of such nondisclosure, such indi- vidual has received any payment under this part to which the individual was not entitled, such individual shall, in addition to any other pen- alty provided by law, be ineligible for any fur- ther 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 Sec- retary, as the case may be, has been made, no- tice of the determination and an opportunity for a fair hearing thereon has been given to the in- dividual 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. (Pub. L. 93–618, title II, § 243, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97–35, title XXV, § 2509, Aug. 13, 1981, 95 Stat. 887; Pub. L. 111–5, div. B, title I, § 1855, Feb. 17, 2009, 123 Stat. 394; 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- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1855(1), 1893, in in- troductory provisions, temporarily substituted ‘‘shall waive’’ for ‘‘may waive’’ and struck out ‘‘, in accord- ance with guidelines prescribed by the Secretary,’’ be- fore ‘‘that—’’. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (a)(1)(B). Pub. L. 111–5, §§ 1855(2), 1893, tempo- rarily substituted ‘‘would cause a financial hardship for the individual (or the individual’s household, if applica- ble) when taking into consideration the income and re- sources reasonably available to the individual (or household) and other ordinary living expenses of the in- dividual (or household)’’ for ‘‘would be contrary to eq- uity and good conscience’’. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. 1981—Subsec. (a). Pub. L. 97–35 designated existing provisions as par. (1), revised provisions, made changes in nomenclature and, among other changes, inserted provisions respecting waiver, and added par. (2). Subsec. (b). Pub. L. 97–35 substituted provisions relat- ing to ineligibility for other payments for provisions relating to deposit, return, and credit of repayments. Subsecs. (c), (d). Pub. L. 97–35 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, 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- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. 2009—Pub. L. 111–5, §§ 1801(d), 1893, temporarily amended section generally. Prior to amendment, text read as follows: ‘‘Whoever makes a false statement of a material 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 furnished under this part or pursuant to an agreement under section 2311 of this title shall be fined not more than $1,000 or imprisoned for not more than one year, or both.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, 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. 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. § 2317. Authorization of appropriations (a) In general There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending December 31, 2007,1