Collapse to view only § 2316. Penalties
- § 2311. Agreements with States
- § 2312. Administration absent State agreement
- § 2313. Payments to States
- § 2314. Liabilities of certifying and disbursing officers
- § 2315. Fraud and recovery of overpayments
- § 2316. Penalties
- § 2317. Authorization of appropriations
- § 2318. Demonstration project for alternative trade adjustment assistance for older workers
- § 2319. Definitions
- § 2320. Regulations
- § 2321. Subpena power
- § 2322. Repealed.
- § 2323. Omitted
§ 2311. Agreements with States
(a) Authority of Secretary to enter into agreements
(b) Amendment, suspension, and termination of agreements
(c) Unemployment insurance
(d) Review
(e) Coordination of benefits and assistance
(f) Advising and interviewing adversely affected workers
Each cooperating State agency shall, in carrying out subsection (a)(2)—
(1) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits,
(2) facilitate the early filing of petitions under section 2271 of this title for any workers that the agency considers are likely to be eligible for benefits under this part,
(3) advise each adversely affected worker to apply for training under section 2296(a) of this title before, or at the same time, the worker applies for trade readjustment allowances under division I of subpart B, and
(4) as soon as practicable, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 2296 of this title and review such opportunities with the worker.
(g) Submission of information for coordination of workforce investment activities
(Pub. L. 93–618, title II, § 239, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97–35, title XXV, § 2513(d)(6), Aug. 13, 1981, 95 Stat. 889; Pub. L. 99–272, title XIII, §§ 13003(a)(3), 13004(c), Apr. 7, 1986, 100 Stat. 301, 303; Pub. L. 100–418, title I, §§ 1423(a)(4), 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246, 1250; Pub. L. 105–220, title III, § 321, Aug. 7, 1998, 112 Stat. 1087; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(14)(B), (f)(11)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421, 2681–431; Pub. L. 111–5, div. B, title I, §§ 1852, 1853, Feb. 17, 2009, 123 Stat. 390, 392; Pub. L. 112–40, title II, §§ 201(b), (c), 216(a)(1), Oct. 21, 2011, 125 Stat. 403, 407; Pub. L. 113–128, title V, § 512(hh)(4), July 22, 2014, 128 Stat. 1721; Pub. L. 114–27, title IV, §§ 402(b), (c), 404(a), June 29, 2015, 129 Stat. 374.)
§ 2312. Administration absent State agreement
(a) Promulgation of regulations; fair hearing
(b) Review of final determination
(Pub. L. 93–618, title II, § 240, Jan. 3, 1975, 88 Stat. 2025.)
§ 2313. Payments to States
(a) Certification to Secretary of the Treasury for payment to cooperating States
(b) Utilization or return of money
(c) Surety bonds
(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.)
§ 2314. Liabilities of certifying and disbursing officers
(a) Certifying officer
(b) Disbursing officer
(Pub. L. 93–618, title II, § 242, Jan. 3, 1975, 88 Stat. 2026.)
§ 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), 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 factIf 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
(d) Recovered amount returned to Treasury
(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; Pub. L. 111–5, div. B, title I, § 1855, Feb. 17, 2009, 123 Stat. 394; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
§ 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; Pub. L. 111–5, div. B, title I, § 1801(d), Feb. 17, 2009, 123 Stat. 369; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
§ 2317. Authorization of appropriations
(a) In general
(b) Period of expenditure
(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; Pub. L. 103–66, title XIII, § 13803(a)(2),
§ 2318. Demonstration project for alternative trade adjustment assistance for older workers
(a) In general
(1) Establishment
(2) Benefits
(A) Payments
A State shall use the funds provided to the State under section 2313 of this title to pay, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), 50 percent of the difference between—
(i) the wages received by the worker from reemployment; and
(ii) the wages received by the worker at the time of separation.
(B) Health insurance
(3) Eligibility
(A) Firm eligibility
(i) In general
(ii) Criteria
In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria:
(I) Whether a significant number of workers in the workers’ firm are 50 years of age or older.(II) Whether the workers in the workers’ firm possess skills that are not easily transferable.(III) The competitive conditions within the workers’ industry.(iii) Deadline
(B) Individual eligibility
A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
(i) is covered by a certification under subpart A of this part;
(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(iii) is at least 50 years of age;
(iv) earns not more than $50,000 a year in wages from reemployment;
(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(vi) does not return to the employment from which the worker was separated.
(4) Total amount of payments
(5) Limitation on other benefits
(b) Termination
(1) In general
(2) Exception
(Pub. L. 93–618, title II, § 246, as added
§ 2319. DefinitionsFor 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; Pub. L. 111–5, div. B, title I, §§ 1801(a), 1830(a)(2), Feb. 17, 2009, 123 Stat. 367, 384; Pub. L. 112–40, title II, §§ 201(b), (c), 211(b), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, §§ 402(b), (c), 404(c), June 29, 2015, 129 Stat. 374, 376.)
§ 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; Pub. L. 111–5, div. B, title I, § 1857, Feb. 17, 2009, 123 Stat. 395; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
§ 2321. Subpena power
(a) Subpena by Secretary
(b) Court order
(Pub. L. 93–618, title II, § 249, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 111–5, div. B, title I, § 1858(c), Feb. 17, 2009, 123 Stat. 395; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
§ 2322. Repealed. Pub. L. 107–210, div. A, title I, §123(b)(2), Aug. 6, 2002, 116 Stat. 944
§ 2323. Omitted