Sec. 302. Agreements with States
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The Commission 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 title as cooperating States and cooperating States agencies respectively). Under such an agreement, the cooperating State agency shall— as agent of the United States, receive applications for and provide payments on the basis provided in this Act, in accordance with subsection (f), make available to adversely affected workers covered by a certification under section 203 the employment and case management services described in section 221, and make any certifications required under section 201(c)
(2)and
(4)and shall otherwise cooperate with the Commission and with other State and Federal agencies in providing payments and services under this Act. Each agreement under this subchapter shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated. Each agreement under this subchapter shall— provide the Commission with the authority to collect any data the Commission determines necessary to meet the requirements of this Act; and specify the form and manner in which any such data requested by the Commission shall be reported. 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. 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 221 and 222 of this Act and under title I of the Workforce Investment Act of 1998 upon such terms and conditions as are established by the Commission 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 Act. Each cooperating State agency shall, in carrying out subsection (a)(2)— advise each worker who applies for unemployment insurance of the benefits under this Act and the procedures and deadlines for applying for such benefits; facilitate the early filing of petitions under section 101 for any workers that the agency considers are likely to be eligible for benefits under this Act; advise each adversely affected worker to apply for training under section 222(a) before, or at the same time, the worker applies for readjustment allowances under subtitle A of title II; perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under title I with respect to assistance and benefits available under this Act; and make employment and case management services described in section 221 available to adversely affected workers and adversely affected incumbent workers covered by a certification under title I and, if funds provided to carry out this title are insufficient to make such services available, make arrangements to make such services available through other Federal programs. The Commission shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the adjustment assistance program under this Act, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported. For purposes of paragraph (1), the term control measures means measures that— are internal to a system used by a State to collect data; and are designed to ensure the accuracy and verifiability of such data. Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Commission on a quarterly basis comprehensive performance accountability data, to consist of— the core indicators of performance described in paragraph (2)(A); the additional indicators of performance described in paragraph (2)(B), if any; and a description of efforts made to improve outcomes for workers under the adjustment assistance program. The core indicators of performance described in this paragraph are— the percentage of workers receiving benefits under this Act who are employed during the first or second calendar quarter following the calendar quarter in which the workers cease receiving such benefits; the percentage of such workers who are employed during the 2 calendar quarters following the earliest calendar quarter during which the worker was employed as described in clause (i); the average earnings of such workers who are employed during the 2 calendar quarters described in clause (ii); and the percentage of such workers who obtain a recognized postsecondary credential, including an industry-recognized credential, or a secondary school diploma or its recognized equivalent if combined with employment under clause (i), while receiving benefits under this Act or during the 1-year period after such workers cease receiving such benefits. The Commission and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the adjustment assistance program under this Act, as appropriate. In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Commission to ensure that the data reported are valid and reliable. An agreement under this subchapter shall provide that the State shall periodically redetermine that a worker receiving benefits under this subchapter who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ) for purposes of establishing a worker's eligibility for unemployment compensation, the State shall reverify the worker's immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subchapter. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ). The Commission shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.
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- 42 USC 1320b–7(d)
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Sec. 302
Agreements with States
Cite42 USC 1320b–7(d)
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