Page:United States Statutes at Large Volume 72 Part 1.djvu/214

 174

PUBLIC LAW 86-441-JUNE 4, 1958

[72 STAT.

been restored to the Treasury the amounts of temporary unemployment compensation paid in the State under this Act (except amounts paid to individuals who exhausted their unemployment compensation ^^42 USC 1361 et under title X V of the Social Security Act and title IV of the Vet^^§8 USC 991 et eraus'Readjustment Assistance Act of 1952 prior to their making their first claims under this Act), the amount of costs incurred in the administration of this Act with respect to the State, and the amount estimated by the Secretary of Labor as the State's proportionate share of other costs incurred in the administration of this Act. REPAYMENTS IN EXCESS OF AMOUNT OWED

(b) Whenever the amount of additional tax paid, received, and covered into the Treasury under subsection (a) with respect to wages which are attributable to a State exceeds the sum of the amounts described in subsection (a), there is hereby appropriated to the Unemployment Trust Fund for crediting to the account of such State an amount equal to such excess. The amount so credited shall be used only in the payment of cash benefits to individuals with respect to their unemployment, exclusive of expenses of administration. TITLE II—GENERAL PROVISIONS DEFINITIONS

SEC. 201. For the purposes of this Act— (1) The term "Secretary" means the Secretary of Labor. (2) The term "State" includes the District of Columbia, Alaska, and Hawaii. (3) The term "first claim" means the first request for determination of benefit status under this Act on the basis of which a weekly benefit amount under this Act is established, without regard to whether or not any benefits are paid. REVIEW

SEC. 202. Any determination by a State agency with respect to entitlement to temporary unemployment compensation pursuant to an agreement under this Act shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in such manner and to such extent. PENALTIES FALSE STATEMENT S, AND SO FORTH

SEC. 203. (a) Whoever makes a false statement or representation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment under this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. RECOVERY OF OVERPAYMENTS

(b)(1) If a State agency or the Secretary, as the case may be, or a court of competent jurisdiction, finds that any person— (A) has made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed, or caused another to fail, to disclose a material fact, and (B) as a result of such action has received any payment under this Act to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be. In lieu of requiring the repay-

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