Title 19Customs DutiesRelease 119-73

§2311 Agreements with States

Title 19 › Chapter CHAPTER 12— - TRADE ACT OF 1974 › Subchapter SUBCHAPTER II— - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION › Part Part 2— - Adjustment Assistance for Workers › Subpart subpart c— - general provisions › § 2311

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make written agreements with any State or with a State agency so that the State helps run this federal program. Cooperating States are States that sign the agreement. Cooperating State agencies are the State offices that act for the United States. Under the agreement, the State agency will take applications and make payments under the law. It will, when appropriate and under the rules in subsection (f), provide testing, counseling, referral to training and job search programs, and job placement help. The State agency must make the required certifications under section 2291(c)(2) and work with the Secretary and other agencies to deliver payments and services. The agreement must say how it can be changed, paused, or ended. State unemployment benefits cannot be cut or denied because a worker gets payments under this program. State decisions about benefits can be reviewed only in the same way State law allows. The agreement must also coordinate employment services, training, and extra help under sections 2295 and 2296 and under Title I of the Workforce Investment Act of 1998, as the Secretary requires. Any State agency that jointly runs those services counts as a cooperating State agency. As part of its duties, the State must tell applicants about the program and deadlines, help likely-eligible workers file petitions under section 2271 early, advise workers to apply for training under section 2296(a) before or when they apply for trade readjustment allowances, and promptly interview workers about suitable training. The State must also give the Secretary the information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998.

Full Legal Text

Title 19, §2311

Customs Duties — Source: USLM XML via OLRC

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

Legislative History

Notes & Related Subsidiaries

Termination of AssistanceFor 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 section 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 section 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 section 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 section 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 RevivalFor 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 AmendmentAmendment 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 RevivalFor 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 AmendmentExcept 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 ProvisionsAmendment 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 DateNo 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.

Reference

Citations & Metadata

Citation

19 U.S.C. § 2311

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73