§2311. Agreements with States

(a) Authority of Secretary to enter into agreements

The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as "cooperating States" and "cooperating States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this part, (2) where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services, (3) will make any certifications required under section 2291(c)(2) ¹ of this title, and (4) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.

(b) Amendment, suspension, and termination of agreements

Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.

(c) Unemployment insurance

Each agreement under this subpart shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this part.

(d) Review

A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.

(e) Coordination of benefits and assistance

Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 2295 and 2296 of this title and under title I of the Workforce Investment Act of 1998 ¹ upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part.

(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

In order to promote the coordination of workforce investment activities in each State with activities carried out under this part, any agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998.¹

( 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 .)

Termination of Assistance

For termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial Notes

References in Text

Section 2291(c)(2) of this title, referred to in subsec. (a)(3), was amended by Pub. L. 107–210, div. A, title I, §115(a), Aug. 6, 2002, 116 Stat. 939 , and, as so amended, no longer contains provisions relating to certifications.

The Workforce Investment Act of 1998, referred to in subsecs. (e) and (g), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936 , and was repealed by Pub. L. 113–128, title V, §§506, 511(a), July 22, 2014, 128 Stat. 1703 , 1705, effective July 1, 2015. Title I of the Act was classified principally to chapter 30 (§2801 et seq.) of Title 29, Labor. Section 112 of the Act was classified to section 2822 of Title 29. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425 . For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

Codification

Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below.

Section is comprised of subsecs. (a) to (k) of section 239 of Pub. L. 93–618. Another subsec. (e) of section 239 of Pub. L. 93–618 amended section 3302 of Title 26, Internal Revenue Code.

Amendment by section 1852(b)(1) of Pub. L. 111–5, which directed the temporary redesignation of subsecs. (c) through (g) of section 239 of Pub. L. 93–618 as subsecs. (d) through (h), respectively, was executed by redesignating subsecs. (c) to (g) set out in this section and not redesignating the subsec. (e) that amended section 3302 of Title 26, Internal Revenue Code, to reflect the probable intent of Congress.

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, §402(a), June 29, 2015, 129 Stat. 374 , and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Amendment made by Pub. L. 113–128 was effective July 1, 2015, and was executed to this section as it existed on Dec. 31, 2013, pursuant to section 402(b) of Pub. L. 114–27, which revived the provisions of this section, effective June 29, 2015. See 2014 Amendment note below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403 , and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Amendment by section 1424(d)(1)(B) of Pub. L. 100–418, which directed amendment of subsec. (e) of section 239 of Pub. L. 93–618, was executed to the subsec. (e) (now subsec. (f)) set out in this section and not the subsec. (e) that amended section 3302 of Title 26, Internal Revenue Code, to reflect the probable intent of Congress.

Amendments

2015-Pub. L. 114–27, §§402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

Subsec. (j). Pub. L. 114–27, §§404(a)(1), 406, temporarily substituted "Performance measures" for "Data reporting" in heading. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(1). Pub. L. 114–27, §§404(a)(2)(A), 406, in introductory provisions, temporarily substituted "an annual" for "a quarterly" and "measures" for "data". See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(1)(A). Pub. L. 114–27, §§404(a)(2)(B), 406, temporarily substituted "primary" for "core". See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(1)(C). Pub. L. 114–27, §§404(a)(2)(C), 406, temporarily inserted "that promote efficiency and effectiveness" after "assistance program". See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(2). Pub. L. 114–27, §§404(a)(3)(A), 406, temporarily substituted "Indicators of performance" for "Core indicators described" in heading. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(2)(A). Pub. L. 114–27, §§404(a)(3)(B), 406, temporarily amended subpar. (A) generally. Prior to amendment, subpar. (A) set out 4 core indicators of performance to be reported as part of the comprehensive performance accountability data. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(3). Pub. L. 114–27, §§404(a)(4), 406, temporarily substituted "measures" for "data" in heading and "annual" for "quarterly" and "measures" for "data" in text. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Subsec. (j)(4). Pub. L. 114–27, §§404(a)(5), 406, temporarily added par. (4). See Codification note above and Effective and Termination Dates of 2015 Revival note below.

2014-Subsec. (f). Pub. L. 113–128, §512(hh)(4)(A), substituted "Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 2295 and 2296 of this title and under title I of the Workforce Innovation and Opportunity Act" for "Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 2295 and 2296 of this title and under title I of the Workforce Investment Act of 1998". See Codification note above.

Subsec. (h). Pub. L. 113–128, §512(hh)(4)(B), substituted "the descriptions described in sections 102(b)(2)(B)(ii) and 103(b)(3)(A) of the Workforce Innovation and Opportunity Act, a description of how the State board will carry out the activities described in section 101(d)(3)(F) of such Act," for "the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b))". See Codification note above.

2011-Pub. L. 112–40, §§201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

Subsec. (j)(2)(A). Pub. L. 112–40, §§216(a)(1), 233, temporarily amended subpar. (A) generally. Prior to amendment, text read as follows: "The core indicators of performance described in this paragraph are-

"(i) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;

"(ii) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and

"(iii) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits."

See Codification note above and Effective and Termination Dates of 2011 Revival note below.

2009-Subsec. (a)(1). Pub. L. 111–5, §§1852(a)(2), 1893, temporarily substituted "shall" for "will" in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2). Pub. L. 111–5, §§1852(a)(1), 1893, temporarily amended cl. (2) generally. Prior to amendment, cl. (2) read as follows: "where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services,". See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(3), (4). Pub. L. 111–5, §§1852(a)(2), 1893, temporarily substituted "shall" for "will". See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsecs. (c) to (f). Pub. L. 111–5, §§1852(b), 1893, temporarily added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) temporarily redesignated (g). See Codification notes above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g). Pub. L. 111–5, §§1852(b)(1), 1893, temporarily redesignated subsec. (f) as (g). Former subsec. (g) temporarily redesignated (h). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(3). Pub. L. 111–5, §§1852(c)(1), 1893, temporarily struck out "and" at end. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(4). Pub. L. 111–5, §§1852(c)(2), 1893, temporarily amended par. (4) generally. Prior to amendment, par. (4) read as follows: "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." See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(5). Pub. L. 111–5, §§1852(c)(3), 1893, temporarily added par. (5). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (h). Pub. L. 111–5, §§1852(b)(1), (d), 1893, temporarily redesignated subsec. (g) as (h) and substituted "1998 (29 U.S.C. 2822(b)) and a description of the State's rapid response activities under section 2271(a)(2)(A) of this title." for "1998." See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsecs. (i) to (k). Pub. L. 111–5, §§1852(e), 1853, 1893, temporarily added subsecs. (i) to (k). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

1998-Subsec. (e). Pub. L. 105–277, §101(f) [title VIII, §405(f)(11)(B)], struck out "title III of the Job Training Partnership Act or" before "title I of the".

Pub. L. 105–277, §101(f) [title VIII, §405(d)(14)(B)], substituted "under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998" for "under title III of the Job Training Partnership Act".

Subsec. (g). Pub. L. 105–220 added subsec. (g).

1988-Subsec. (a)(3). Pub. L. 100–418, §1423(a)(4), amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: "will make determinations and approvals regarding job search programs under sections 2291(c) and 2297(c) of this title, and".

Subsec. (e). Pub. L. 100–418, §1424(d)(1)(B), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Agreements entered into under this section may be made with one or more State or local agencies including-

"(1) the employment service agency of such State,

"(2) any State agency carrying out title III of the Job Training Partnership Act [29 U.S.C. 1651 et seq.], or

"(3) any other State or local agency administering job training or related programs."

See Codification note above.

Subsec. (f). Pub. L. 100–418, §1424(d)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "Each cooperating State agency shall, in carrying out subsection (a)(2) of this section-

"(1) advise each adversely affected worker to apply for training under section 2296(a) of this title at the time the worker makes application for trade readjustment allowances (but failure of the worker to do so may not be treated as cause for denial of those allowances), and

"(2) within 60 days after application for training is made by the worker, 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."

1986-Subsec. (a). Pub. L. 99–272, §13004(c)(1), inserted "but in accordance with subsection (f) of this section," in cl. (2).

Pub. L. 99–272, §13003(a)(3), substituted "training and job search programs" for "training" in cl. (2), added cl. (3), and redesignated former cl. (3) as (4).

Subsecs. (e), (f). Pub. L. 99–272, §13004(c)(2), added subsecs. (e) and (f).

1981-Subsec. (a). Pub. L. 97–35 struck out provisions respecting persons applying for payments under this part.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, §402(a), June 29, 2015, 129 Stat. 374 , effective June 29, 2015. See Codification note above.

Effective Date of 2011 Amendment

Pub. L. 112–40, title II, §216(a)(2), Oct. 21, 2011, 125 Stat. 407 , provided that: "The amendment made by paragraph (1) [amending this section] shall-

"(A) take effect on October 1, 2011; and

"(B) apply with respect to agreements under section 239 of the Trade Act of 1974 (19 U.S.C. 2311) entered into before, on, or after October 1, 2011."

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403 , effective Oct. 21, 2011. See Codification note above.

Effective Date of 1998 Amendment

Amendment by section 101(f) [title VIII, §405(d)(14)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(11)(B)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)], set out as a note under section 3502 of Title 5, Government Organization and Employees.

Effective Date of 1988 Amendment

Amendment by section 1424(d)(1)(B), (2) of Pub. L. 100–418 effective Aug. 23, 1988, and amendment by section 1423(a)(4) of Pub. L. 100–418 effective on the date that is 90 days after Aug. 23, 1988, see section 1430(a), (f) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title.

Effective Date of 1986 Amendment

Amendment by section 13003(a) of Pub. L. 99–272 applicable with respect to workers covered by petitions filed under section 2271 of this title on or after Apr. 7, 1986, and amendment by section 13004(c) of Pub. L. 99–272 effective on Apr. 7, 1986, see section 13009(a), (b) of Pub. L. 99–272, set out as a note under section 2291 of this title.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective Aug. 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title.

Termination Date

No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

¹ See References in Text note below.