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19 U.S.C. § 2313 — Agreements with States

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2313 — 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) 11 See References in Text note below. 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

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Source file: Laws/federal/codes/united-states-code/title-19/section-2313-agreements-with-states--844b6ef0c5.md
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Source location: Title 19, Chapter 12, § 2313; chapter-012-trade-act-of-1974.md

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**(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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2397 — Judicial review

**(a) Petition for review; time and place of filing** A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim), a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim), an agricultural commodity producer (as defined in [section 2401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401/2&num=0&edition=prelim)) aggrieved by a determination of the Secretary of Agriculture under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 11 See References in Text note below. of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination. **(b) Findings of fact by Secretary; conclusiveness; new

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3502 — Order of retention

**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim); (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and (C) is entitled to credit for— (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c). **(b)** A preference eligible described in [section 2108(3)(C) of this title](https

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3302 — Credits against tax

**(a) Contributions to State unemployment funds** (1) The taxpayer may, to the extent provided in this subsection and subsection (c), credit against the tax imposed by section 3301 the amount of contributions paid by him into an unemployment fund maintained during the taxable year under the unemployment compensation law of a State which is certified as provided in section 3304 for the 12-month period ending on October 31 of such year. (2) The credit shall be permitted against the tax for the taxable year only for the amount of contributions paid with respect to such taxable year. (3) The credit against the tax for any taxable year shall be permitted only for contributions paid on or before the last day upon which the taxpayer is required under section 6071 to file a return for such year; except that credit shall be permitted for contributions paid after such last day, but such credit shall not exceed 90 percent of the amount which would have been allowable as credit on account of such contributions had they been paid on or before such last day. (4) Upon the payment of contributions into the unemployment fund of a State which are required under the unemployment compensation law of that State with respect to remuneration on the basis of which, prior to such payment into the proper fund, the taxpayer erroneously paid an amount as contributions under another unemployment compensation law, the payment into the proper fund shall, for purposes of credit against the tax, be deemed to have been made at the time of the erroneous payment. If, by reason of such other law, the taxpayer was entitled to cease paying contributions with respect to services subject to such other law, the payment into the proper fund shall, for purposes of credit against the tax, be deemed to have bee

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(a) Monitoring** (1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition. (2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect. (3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration. **(b) Reduction, modification, and termination of action** (1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2291 — Study by Secretary of Labor when International Trade Commission begins investigation

**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part as the “Commission”) begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs. **(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2311 — Job search allowances

**(a) Job search allowance authorized** (1) **In general** — An adversely affected worker covered by a certification issued under subpart A of this part may file an application with the Secretary for payment of a job search allowance. (2) **Approval of applications** — The Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply: (A) *Assist adversely affected worker* — The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States. (B) *Local employment not available* — The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) *Application* — The worker has filed an application for the allowance with the Secretary before— (i) the later of— (I) the 365th day after the date of the certification under which the worker is certified as eligible; or (II) the 365th day after the date of the worker’s last total separation; or (ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under [section 2291(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/c&num=0&edition=prelim). **(b) Amount of allowance** (1) **In general** — An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations. (2) **Maximum allowance** — Reimbursement under this subsection may not exceed $1,250 for any worker. (3) **Allowance for subsistence and transportation** — Reimbursement under this subsecti

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2296 — Employment services

The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in [section 2864(c) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2864/c&num=0&edition=prelim). The Secretary shall, whenever appropriate, procure such services through agreements with the States.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3101 — Reduction of reporting burdens and requirements

In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1931 — Repealed. Pub. L. 93–618, title VI, § 602(e), Jan. 3, 1975, 88 Stat. 2072

### Statutory Notes Section 1971, Pub. L. 87–794, title III, § 331, Oct. 11, 1962, 76 Stat. 896, made provision for agreements with States. See section 2311 et seq. of this title. Section 1972, Pub. L. 87–794, title III, § 332, Oct. 11, 1962, 76 Stat. 896, made provision for payments to States. See [section 2313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2313&num=0&edition=prelim). Section 1973, Pub. L. 87–794, title III, § 333, Oct. 11, 1962, 76 Stat. 897, provided for liabilities of certifying and disbursing officers. See [section 2314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2314&num=0&edition=prelim). Section 1974, Pub. L. 87–794, title III, § 334, Oct. 11, 1962, 76 Stat. 897, provided for recovery of overpayments. See [section 2315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2315&num=0&edition=prelim). Section 1975, Pub. L. 87–794, title III, § 335, Oct. 11, 1962, 76 Stat. 897, set out penalties for making false statements or failing to disclose material facts. See [section 2316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2316&num=0&edition=prelim). Section 1976, Pub. L. 87–794, title III, § 336, Oct. 11, 1962, 76 Stat. 897, provided for review of determinations as to entitlement for adjustment assistance. See [section 2322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2322&num=0&edition=prelim). Section 1977, Pub. L. 87–794, title III, § 337, Oct. 11, 1962, 76 Stat. 897, authorized appropriations for adjustment assistance to workers. Section 1978, Pub. L. 87–794, title III, § 338, Oct. 11, 1962, 76 Stat. 897, defined terms.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2320 — Demonstration project for alternative trade adjustment assistance for older workers

**(a) In general** (1) **Establishment** — Not later than 1 year after August 6, 2002, the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2). (2) **Benefits** (A) *Payments* — A State shall use the funds provided to the State under [section 2313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2313&num=0&edition=prelim) 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* — A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under [section 35 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section35&num=0&edition=prelim), as added by section 201 of the Trade Act of 2002. (3) **Eligibility** (A) *Firm eligibility* (i) *In general* — The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim) to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed. (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 crite

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