(i) the 156th week after the disloca-
tion date of the worker; or
(ii) the 156th week after the date of
the worker’s last total separation; or
(B) the 182d day after the concluding date
of any training received by the worker, if the
worker was referred to such training by the
State.
(c) REIMBURSEMENT.—The State shall reimburse
any adversely affected worker for necessary expenses in-
curred by such worker in participating in a job search pro-
gram approved by the State.
TITLE III—GENERAL
PROVISIONS
SEC. 301. FRAUD AND RECOVERY OF OVERPAYMENTS.
(a) LIABILITY FOR REPAYMENT.—
(1) IN GENERAL.—If a State, the Secretary, or
a court of competent jurisdiction determines that
any person has received any payment under this Act
for which the person was not eligible, including a
payment referred to in subsection (b), such person
shall be liable to repay such amount to the State or
the Secretary, as the case may be, except that the
State or the Secretary may waive such repayment if
such State or the Secretary determines, in accord-
ance with guidelines 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) RECOVERY.—Unless an overpayment is oth-
erwise recovered, or waived under paragraph (1), the
State or the Secretary shall recover the overpayment
by deductions from any sums payable to such person
under this Act, under any Federal unemployment
compensation law administered by the State agency
of the State or the Secretary, or under any other
Federal law administered by the State or the Sec-
retary 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 re-
quire the State to recover any overpayment under
this Act by deduction from any unemployment insur-
ance payable to such person under the State law, ex-
cept that no single deduction under this paragraph
shall exceed 50 percent of the amount otherwise pay-
able.
(b) FRAUD.—If a State, 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 mate-
rial 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 Act to which the individual was not
entitled, such individual shall, in addition to any other
penalty provided by law, be ineligible for any further pay-
ments under this Act.
(c) NOTICE
AND HEARING.—Except for overpay-
ments 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 sub-
section (a)(1) by the State 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 be-
come final.
(d) DISPOSITION OF RECOVERED AMOUNTS.—Any
amount recovered under this section shall be returned to
the general fund of the Treasury.
SEC. 302. PENALTIES.
Whoever makes a false statement of a material fact
knowing it to be false, or knowingly fails to disclose a ma-
terial fact, for the purpose of obtaining or increasing for
himself or herself or for any other person any payment
authorized to be furnished under this Act shall be fined
not more than $1,000 or imprisoned for not more than
1 year, or both.
SEC. 303. SUBPOENA POWER.
(a) IN GENERAL.—The Secretary may require by
subpoena the attendance of witnesses and the production
of evidence necessary for the Secretary to make a deter-
mination under the provisions of this Act.
(b) COMPLIANCE.—If a person refuses to obey a sub-
poena issued under subsection (a), a United States district
court within the jurisdiction of which the relevant proceed-
ing under this title is conducted may, upon petition by
the Secretary, issue an order requiring compliance with
such subpoena.
SEC. 304. REGULATIONS.
(a) IN GENERAL.—The Secretary shall prescribe
such regulations as may be necessary to carry out the pro-
visions of this Act.
(b) TRANSITION.—In prescribing regulations under
subsection (a), the Secretary shall promulgate such rules
and procedures as may be necessary to provide for an or-
derly transition to and implementation of this Act.
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