Page:United States Statutes at Large Volume 95.djvu/913

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 887

application therefor or (in the case of a worker who has been referred to training by the Secretary) within 182 days after the conclusion of such training."; and (4) by amending subsection (d)— (A) by amending paragraph (1) to read as follows: "(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 236(b)(1) and (2)) specified in regulations prescribed by the Ante, p. 885. Secretary, incurred in transporting a worker and his family, if any, and household effects, and", and (B) by striking out "$500" in paragraph (2) and inserting in lieu thereof "$600". FRAUD AND RECOVERY OF OVERPAYMENTS

SEC. 2509. Section 243 of the Trade Act of 1974 (19 U.S.C. 2315) is amended to read as follows: "SEC. 243. FRAUD AND RECOVERY OF OVERPAYMENTS. "(a)(1) If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this chapter 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 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 chapter, 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 chapter 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) 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 chapter 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 chapter.

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