Authority of Secretary to enter into agreements
1
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.
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.
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.
Coordination of benefits and assistance
1Any 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 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.
Advising and interviewing adversely affected workers
Submission of information for coordination of workforce investment activities
1In 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.
Pub. L. 93–618, title II, § 23988 Stat. 2024Pub. L. 97–35, title XXV, § 2513(d)(6)95 Stat. 889Pub. L. 99–272, title XIII100 Stat. 301Pub. L. 100–418, title I102 Stat. 1246Pub. L. 105–220, title III, § 321112 Stat. 1087Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(14)(B), (f)(11)(B)]112 Stat. 2681–337Pub. L. 111–5, div. B, title I123 Stat. 390Pub. L. 112–40, title II125 Stat. 403Pub. L. 113–128, title V, § 512(hh)(4)128 Stat. 1721Pub. L. 114–27, title IV129 Stat. 374(, , ; , , ; , §§ 13003(a)(3), 13004(c), , , 303; , §§ 1423(a)(4), 1424(d)(1)(B), (2), , , 1250; , , ; , , , 2681–421, 2681–431; , §§ 1852, 1853, , , 392; , §§ 201(b), (c), 216(a)(1), , , 407; , , ; , §§ 402(b), (c), 404(a), , .)
Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
Editorial Notes
References in Text
Section 2291(c)(2) of this titlePub. L. 107–210, div. A, title I, § 115(a)116 Stat. 939, referred to in subsec. (a)(3), was amended by , , , and, as so amended, no longer contains provisions relating to certifications.
Pub. L. 105–220112 Stat. 936Pub. L. 113–128, title V128 Stat. 1703section 2822 of Title 29section 3361(a) of Title 29Pub. L. 113–128128 Stat. 1425section 3101 of Title 29The Workforce Investment Act of 1998, referred to in subsecs. (e) and (g), is , , , and was repealed by , §§ 506, 511(a), , , 1705, effective . 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 . Pursuant to , 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, , , . 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 and Tables.
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
section 239 of Pub. L. 93–618section 239 of Pub. L. 93–618section 3302 of Title 26Section is comprised of subsecs. (a) to (k) of . Another subsec. (e) of amended , Internal Revenue Code.
section 1852(b)(1) of Pub. L. 111–5section 239 of Pub. L. 93–618section 3302 of Title 26Amendment by , which directed the temporary redesignation of subsecs. (c) through (g) of 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 , Internal Revenue Code, to reflect the probable intent of Congress.
Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 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.
Pub. L. 113–128section 402(b) of Pub. L. 114–27Amendment made by was effective , and was executed to this section as it existed on , pursuant to , which revived the provisions of this section, effective . See 2014 Amendment note below.
Section 1893 of Pub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 111–5Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 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.
section 1424(d)(1)(B) of Pub. L. 100–418section 239 of Pub. L. 93–618section 3302 of Title 26Amendment by , which directed amendment of subsec. (e) of , was executed to the subsec. (e) (now subsec. (f)) set out in this section and not the subsec. (e) that amended , Internal Revenue Code, to reflect the probable intent of Congress.
Amendments
Pub. L. 114–272015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
Pub. L. 114–27Subsec. (j). , §§ 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.
Pub. L. 114–27Subsec. (j)(1). , §§ 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.
Pub. L. 114–27Subsec. (j)(1)(A). , §§ 404(a)(2)(B), 406, temporarily substituted “primary” for “core”. See Codification note above and Effective and Termination Dates of 2015 Revival note below.
Pub. L. 114–27Subsec. (j)(1)(C). , §§ 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.
Pub. L. 114–27Subsec. (j)(2). , §§ 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.
Pub. L. 114–27Subsec. (j)(2)(A). , §§ 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.
Pub. L. 114–27Subsec. (j)(3). , §§ 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.
Pub. L. 114–27Subsec. (j)(4). , §§ 404(a)(5), 406, temporarily added par. (4). See Codification note above and Effective and Termination Dates of 2015 Revival note below.
Pub. L. 113–128, § 512(hh)(4)(A)2014—Subsec. (f). , 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.
Pub. L. 113–128, § 512(hh)(4)(B)29 U.S.C. 2822(b)Subsec. (h). , 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 ()”. See Codification note above.
Pub. L. 112–402011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
Pub. L. 112–40Subsec. (j)(2)(A). , §§ 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.
Pub. L. 111–52009—Subsec. (a)(1). , §§ 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.
Pub. L. 111–5Subsec. (a)(2). , §§ 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.
Pub. L. 111–5Subsec. (a)(3), (4). , §§ 1852(a)(2), 1893, temporarily substituted “shall” for “will”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsecs. (c) to (f). , §§ 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.
Pub. L. 111–5Subsec. (g). , §§ 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.
Pub. L. 111–5Subsec. (g)(3). , §§ 1852(c)(1), 1893, temporarily struck out “and” at end. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5section 2296 of this titleSubsec. (g)(4). , §§ 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 and review such opportunities with the worker.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsec. (g)(5). , §§ 1852(c)(3), 1893, temporarily added par. (5). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–529 U.S.C. 2822(b)section 2271(a)(2)(A) of this titleSubsec. (h). , §§ 1852(b)(1), (d), 1893, temporarily redesignated subsec. (g) as (h) and substituted “1998 () and a description of the State’s rapid response activities under .” for “1998.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsecs. (i) to (k). , §§ 1852(e), 1853, 1893, temporarily added subsecs. (i) to (k). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(11)(B)]1998—Subsec. (e). , 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”.
Pub. L. 105–220Subsec. (g). added subsec. (g).
Pub. L. 100–418, § 1423(a)(4)1988—Subsec. (a)(3). , 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”.
Pub. L. 100–418, § 1424(d)(1)(B)Subsec. (e). , 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,
29 U.S.C. 1651“(2) any State agency carrying out title III of the Job Training Partnership Act [ et seq.], or
“(3) any other State or local agency administering job training or related programs.”
See Codification note above.
Pub. L. 100–418, § 1424(d)(2)Subsec. (f). , 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—
section 2296(a) of this title“(1) advise each adversely affected worker to apply for training under 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
section 2296 of this title“(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 and review such opportunities with the worker.”
Pub. L. 99–272, § 13004(c)(1)1986—Subsec. (a). , 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).
Pub. L. 99–272, § 13004(c)(2)Subsecs. (e), (f). , added subsecs. (e) and (f).
Pub. L. 97–351981—Subsec. (a). struck out provisions respecting persons applying for payments under this part.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .
section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .
Effective Date of 2014 Amendment
Pub. L. 113–128section 506 of Pub. L. 113–128section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.
Effective and Termination Dates of 2011 Revival
Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .
Section 233 of Pub. L. 112–40section 2271 of this titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.
Effective Date of 2011 Amendment
Pub. L. 112–40, title II, § 216(a)(2)125 Stat. 407
Effective and Termination Dates of 2009 Amendment
Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .
Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.
Effective Date of 1998 Amendment
Pub. L. 105–277Pub. L. 105–277section 3502 of Title 5Amendment by section 101(f) [title VIII, § 405(d)(14)(B)] of effective , and amendment by section 101(f) [title VIII, § 405(f)(11)(B)] of effective , see section 101(f) [title VIII, § 405(g)(1), (2)(B)], set out as a note under , Government Organization and Employees.
Effective Date of 1988 Amendment
Pub. L. 100–418section 1423(a)(4) of Pub. L. 100–418Pub. L. 100–418section 2397 of this titleAmendment by section 1424(d)(1)(B), (2) of effective , and amendment by effective on the date that is 90 days after , see section 1430(a), (f) of , set out as an Effective Date note under .
Effective Date of 1986 Amendment
section 13003(a) of Pub. L. 99–272section 2271 of this titlesection 13004(c) of Pub. L. 99–272Pub. L. 99–272section 2291 of this titleAmendment by applicable with respect to workers covered by petitions filed under on or after , and amendment by effective on , see section 13009(a), (b) of , set out as a note under .
Effective Date of 1981 Amendment and Transition Provisions
Pub. L. 97–35section 2514 of Pub. L. 97–35section 2291 of this titleAmendment by effective Aug. 1981, with transition provisions applicable, see , set out as a note under .
Termination Date
section 285 of Pub. L. 93–618section 406(a)(7) of Pub. L. 114–27section 2271 of this titleNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after , except as otherwise provided, see , as modified by , set out as notes preceding .