SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2275, 2291, 2312, 2316 of this title; title 26 section 3302; title 29 section 1661.

§ 2312. 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, 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) of this section 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.

(Pub. L. 93-618, title II, § 240, Jan. 3, 1975, 88 Stat. 2025.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

§ 2313. Payments to States (a) Certification to Secretary of the Treasury for pay. ment 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 require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance 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.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

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.

§ 2314. Liabilities of certifying and disbursing officers (a) Certifying officer

No person designated by the Secretary, or designated pursuant to an agreement under this subpart, as a certifying officer, shall, in the absence 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 pay ment by him under this part if it was based

upon a voucher signed by a certifying officer designated as provided in subsection (a) of this section.

(Pub. L. 93-618, title II, § 242, Jan. 3, 1975, 88 Stat. 2026.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

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

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

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.

§ 2316. Penalties

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.

(Pub. L. 93-618, title II, § 244, Jan. 3, 1975, 88 Stat. 2026.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

§ 2317. Authorization of appropriations

There are authorized to be appropriated to the Department of Labor, for each of the fiscal years 1988, 1989, 1990, 1991, 1992, and 1993, such sums as may be necessary to carry out the purposes of this part.

(Pub. L. 93-618, title II, § 245, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97-35, title XXV, § 2510, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98-120, § 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-272, title XIII, § 13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100-418, title I, § 1426(b)(1), Aug. 23, 1988, 102 Stat. 1251.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

AMENDMENTS

1988-Pub. L. 100-418 substituted "1988, 1989, 1990, 1991, 1992, and 1993" for "1986, 1987, 1988, 1989, 1990, and 1991".

1986-Pub. L. 99-272 substituted "1986, 1987, 1988, 1989, 1990, and 1991" for "1982 through 1985".

1983-Pub. L. 98-120 substituted "each of the fiscal years 1982 through 1985" for "each of fiscal years 1982 and 1983".

1981-Pub. L. 97-35 substituted provisions relating to authorization of appropriations for fiscal years 1982 and 1983 for provisions relating to establishment of the Adjustment Assistance Trust Fund.

EFFECTIVE DATE OF 1986 AMENDMENT

Parts 2 and 3 of this subchapter applicable as if the amendment of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99-272, set out as a note under section 2291 of this title.

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.

§ 2318. Supplemental wage allowance demonstration projects

(a) Establishment of projects; purpose

The Secretary shall establish and carry out one or more demonstration projects during fiscal years 1989 and 1990 for the purpose of

(1) determining the attractiveness of a supplemental wage allowance to various categories of workers eligible for assistance under this part, based on the amount and duration of the supplement;

(2) determining the effectiveness of a supplemental wage allowance as an option under this part in facilitating the readjustment of adversely affected workers; and

(3) determining whether a supplemental wage allowance should be made an option under the Trade Adjustment Assistance program for all fiscal years.

(b) Supplemental wage allowances

(1) For purposes of this section, the term "supplemental wage allowance" means a payment that is made to an adversely affected worker who

(A) accepts full-time employment at an average weekly wage that is less than the average weekly wage of the worker in the adversely affected employment,

(B) prior to such acceptance, is eligible for trade readjustment allowances under sections 2291 to 2294 of this title, and

(C) voluntarily elects to receive such pay. ment in lieu of any trade readjustment allow. ances that the worker would otherwise be eligible to receive with respect to the period covered by the certification made under subpart A of this part that applies to such worker.

(2) A supplemental wage allowance shall be provided under any demonstration project established under subsection (a) of this section to a worker described in paragraph (1) for each week during which the worker performs services in the full-time employment referred to in paragraph (1)(A) in an amount that does not exceed the lesser of

(A) the amount of the trade readjustment allowance that the worker would have been eligible to receive for any week under sections 2291 to 2294 of this title if the worker had not accepted the full-time employment and had not made the election described in paragraph (1)(C), or

(B) the excess of

(i) an amount equal to 80 percent of the average weekly wage of the worker in the adversely affected employment, over

(ii) the average weekly wage in the fulltime employment.

(3)(A) Supplemental wage allowances shall not be provided under any demonstration project established under subsection (a) of this section for more than 52 weeks.

(B) The total amount of supplemental wage allowances that may be paid to any worker under any demonstration project established under subsection (a) of this section with respect to the period covered by the certification applicable to such worker shall not exceed an amount that is equal to the excess of—

(i) the amount of the limitation imposed under section 2293(a)(1) of this title with respect to such worker for such period, over

(ii) the amount of the trade readjustment allowances paid under sections 2291 to 2294 of this title to such worker for such period. (c) Evaluation of projects

The Secretary shall provide for an evaluation of demonstration projects conducted under this section to determine at least the following:

(1) the extent to which different age groups of eligible recipients utilize the supplemental wage allowance;

(2) the effect of the amount and duration of the supplemental wage allowance on the utilization of the allowance;

(3) the extent to which the supplemental wage allowance affects the demand for training and the appropriateness thereof;

(4) the extent to which the supplemental wage allowance facilitates the readjustment of workers who would not otherwise utilize benefits provided under this part;

(5) the extent to which the allowance af fects the cost of carrying out the provisions of this part; and

(6) the effectiveness of the supplemental wage allowance as an option under this part in facilitating the readjustment of adversely affected workers.

(d) Report to Congress; evaluation and recommendation

By no later than the date that is 3 years after August 23, 1988, the Secretary shall transmit to the Congress a report that includes

(1) an evaluation of the projects authorized under this section that is conducted in accordance with subsection (c) of this section, and

(2) a recommendation as to whether the supplemental wage allowance should be available on a permanent basis as an option for some or all workers eligible for assistance under this part.

(Pub. L. 93-618, title II, § 246, as added Pub. L. 100-418, title I, § 1423(d)(1), Aug. 23, 1988, 102 Stat. 1246.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

PRIOR PROVISIONS

A prior section, Pub. L. 93-618, title II, § 246, Jan. 3, 1975, 88 Stat. 2027, which contained transition provisions for events taking place during specified periods prior to the effective date of this part, was repealed by Pub. L. 97-35, title XXV, § 2513(c), Aug. 13, 1981, 95 Stat. 889.

SUPPLEMENTAL WAGE ALLOWANCES REGARDED AS TRADE READJUSTMENT ALLOWANCES

Section 1423(d)(2) of Pub. L. 100-418 provided that: "For purposes of funding the demonstration projects established under section 246(a) of the Trade Act of 1974 [19 U.S.C. 2318(a)], as added by paragraph (1) of this subsection

"(A) the supplemental wage allowances payable under such projects shall be considered to be trade readjustment allowances payable under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2291 to 2294], and

"(B) the costs of administering such projects by the States shall be considered to be costs of administering such part I."

§ 2319. Definitions

For purposes of this part

(1) The term "adversely affected employment" means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this part.

(2) The term "adversely affected worker" means an individual who, because of lack of work in adversely affected employment

(A) has been totally or partially separated from such employment, or

(B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.

(3) Repealed. Pub. L. 97-35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.

(4) The term "average weekly wage" means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual's total wages were highest among the first 4 of the

last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.

(5) The term “average weekly hours" means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).

(6) The term "partial separation" means, with respect to an individual who has not been totally separated, that he has had—

(A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and

(B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.

(7) Repealed. Pub. L. 97-35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.

(8) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico; and the term "United States" when used in the geographical sense includes such Commonwealth.

(9) The term "State agency" means the agency of the State which administers the State law.

(10) The term "State law" means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26.

(11) The term "total separation" means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.

(12) The term "unemployment insurance" means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.). The terms "regular compensation", "additional compensation", and "extended compensation" have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

(13) The term "week" means a week as defined in the applicable State law.

(14) The term "week of unemployment" means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.

(15) The term "benefit period" means, with respect to an individual—

(A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional

compensation, or extended compensation,

or

(B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.

(16) The term "on-the-job training" means training provided by an employer to an individual who is employed by the employer.

(17)(A) The term "job search program" means a job search workshop or job finding club.

(B) The term "job search workshop" means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.

(C) The term "job finding club" means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.

(Pub. L. 93-618, title II, § 247, Jan. 3, 1975, 88 Stat. 2028; Pub. L. 97-35, title XXV, § 2511, Aug. 13, 1981, 95 Stat. 888; Pub. L. 99-272, title XIII, §§ 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in par. (12), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Tables.

AMENDMENTS

1986-Pars. (16), (17). Pub. L. 99-272 added pars. (16) and (17).

1981-Par. (3). Pub. L. 97-35, § 2511(1), struck out par. (3) defining "average weekly manufacturing wage".

Par. (7). Pub. L. 97-35, § 2511(1), struck out par. (7) defining "remuneration".

Par. (12). Pub. L. 97-35, § 2511(2), revised par. (12) generally, inserting definitions of "regular compensation", "additional compensation", and "extended compensation".

Par. (14). Pub. L. 97-35, § 2511(3), substituted provisions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separation.

Par. (15). Pub. L. 97-35, § 2511(4), added par. (15). EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION

PROVISIONS

Amendment by Pub. L. 97-35 applicable to allowances payable for weeks of unemployment which begin after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97-35, set out as a note under section 2291 of this title.

§ 2320. Regulations

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.

(Pub. L. 93-618, title II, § 248, Jan. 3, 1975, 88 Stat. 2029.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

§ 2321. Subpena power

(a) Subpena by Secretary

The Secretary may require by subpena the attendance of witnesses and the production of evidence necessary for him to make a determination under the provisions of this part.

(b) Court order

If a person refuses to obey a subpena issued under subsection (a) of this section, a United States district court within the jurisdiction of which the relevant proceeding under this part is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena.

(Pub. L. 93-618, title II, § 249, Jan. 3, 1975, 88 Stat. 2029.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

§ 2322. Repealed. Pub. L. 96–417, title VI, § 612, Oct. 10, 1980, 94 Stat. 1746

Section, Pub. L. 93-618, title II, § 250, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under section 2273 of this title. See section 2395 of this title.

EFFECTIVE DATE OF REPEAL

Section repealed effective Nov. 1, 1980 and applica. ble with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of Title 28, Judiciary and Judicial Procedure.

PART 3-ADJustment AssISTANCE FOR FIRMS

TERMINATION DATE

No technical assistance to be provided under this part after Sept. 30, 1993, see section 285 of Pub. L. 93-618, as amended, set out as a note preceding section 2271 of this title.

PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 1339, 2252, 2391, 2396, 2397 of this title.

§ 2341. Petitions and determinations

(a) Filing of petition; receipt of petition; initiation of investigation

A petition for a certification of eligibility to apply for adjustment assistance under this part