Page:United States Statutes at Large Volume 122.djvu/3594

 12 2 STA T .357 1 PUBLIC LA W 11 0– 32 8— S E PT. 30 , 2008 ‘ ‘ (B)provides s uch perso natl east 60 da y s to present evidence that all or part o f such lia b ility is not le g ally enforceable or due to fraud ‘‘( C ) considers any evidence presented by such person and deter m ines that an amount of such debt is legally enforceable and due to fraud; and ‘‘( D ) satisfies such other conditions as the S ecretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the State has made reasonable efforts to obtain payment of such covered unemployment compensation debt . ‘‘( 5 )C OVER E DUN E MPL O Y MEN TC OMPEN SA T I ON DE B T. —F or purposes of this subsection , the term ‘covered unemployment compensation debt ’ means— ‘‘( A )apast - due debt for erroneous payment of unemployment compensation due to fraud w hich has become final under the law of a State certified by the Secretary of L abor pursuant to section 3 30 4 and which remains uncollected for not more than 1 0 years; ‘‘(B) contributions due to the unemployment fund of a State for which the State has determined the person to be liable due to fraud and which remain uncollected for not more than 10 years; and ‘‘(C) any penalties and interest assessed on such debt. ‘‘(6) R E G ULATIONS.— ‘‘(A) I N GENERAL.— T he Secretary may issue regulations prescribing the time and manner in which States must submit notices of covered unemployment compensation debt and the necessary information that must be contained in or accompany such notices. The regulations may specify the minimum amount of debt to which the reduction proce- dure established by paragraph (1) may be applied. ‘‘(B) FEE PAYABLE TO SECRETARY.—The regulations may re q uire States to pay a fee to the Secretary, which may be deducted from amounts collected, to reimburse the Sec- retary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. ‘‘(C) SUBMISSION O F NOTICES T H ROUGH SECRETARY OF LABOR.—The regulations may include a requirement that States submit notices of covered unemployment compensa- tion debt to the Secretary via the Secretary of Labor in accordance with procedures established by the Secretary of Labor. Such procedures may require States to pay a fee to the Secretary of Labor to reimburse the Secretary of Labor for the costs of applying this subsection. Any such fee shall be established in consultation with the Sec- retary of the Treasury. Any fee paid to the Secretary of Labor may be deducted from amounts collected and shall be used to reimburse the appropriation account which bore all or part of the cost of applying this subsection. ‘‘( 7 ) E RRONEOUS PAYMENT TO STATE.—Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of Deadlin e .

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