                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                Part 2--Adjustment Assistance for Workers
 
                      subpart c--general provisions
 
Sec. 2315. Fraud and recovery of overpayments


(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) of this section, 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) 
of this section 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.

(Pub. L. 93-618, title II, Sec. 243, Jan. 3, 1975, 88 Stat. 2026; Pub. 
L. 97-35, title XXV, Sec. 2509, Aug. 13, 1981, 95 Stat. 887.)


                               Amendments

    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 relating 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).


       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 assistance, vouchers, allowances, or other payments may be 
provided under subparts A to C of this part after Sept. 30, 2001, see 
section 285 of Pub. L. 93-618, as amended, set out as a note preceding 
section 2271 of this title.
