(a) Authority. Before performing any function or exercising any
jurisdiction under the Act and this part 617, a State or State agency
(as defined in Sec. 617.3(ii)) shall execute an Agreement with the
Secretary meeting the requirements of the Act.
(b) Execution. An Agreement under paragraph (a) of this section
shall be signed on behalf of a State or State agency by an authorized
official of the State or such State agency, and the signature shall be
dated. The authority of the State or State agency official shall be
certified by the Attorney General of the State or counsel for the State
agency, unless the Agreement is signed by the Governor of the State. An
agreement will be executed on behalf of the United States by the
Secretary.
(c) Public access to Agreements. The State agency will make
available to any individual or organization an accurate copy of the
Agreement with the Agency for inspection and copying. Copies of an
Agreement may be furnished on request to any individual or organization
upon payment of the same
charges, if any, as apply to the furnishing of copies of other records
of the State agency.
(d) Amended Agreement. A State or State agency shall execute an
amended Agreement with the Secretary prior to administering any
amendments to the TAA provisions of the Trade Act of 1974.
(e) Agent of United States. In making determinations,
redeterminations, and in connection with proceedings for review thereof,
a State or State agency which has executed an Agreement as provided in
this section shall be an agent of the United States and shall carry out
fully the purposes of the Act and this part 617.
(f) Breach. If the Secretary finds that a State or State agency has
not fulfilled its commitments under its Agreement under this section,
section 3302(c)(3) of the Internal Revenue Code of 1986 shall apply. A
State or State agency shall receive reasonable notice and opportunity
for hearing before a finding is made under section 3302(c)(3) whether
there has been a failure to fulfill the commitments under the Agreement.
(g) Secretary's review of State agency compliance. The appropriate
Regional Administrator shall be initially responsible for the periodic
monitoring and reviewing of State and State agency compliance with the
Agreement entered into under this section.
(h) Program coordination. State agencies providing employment
services, training and supplemental assistance under Subpart C of this
part shall, in accordance with their Agreements under this section,
coordinate such services and payments with programs and services
provided by State Service Delivery Areas, Private Industry Councils, and
substate grantees under the Job Training Partnership Act and with the
State agency administering the State law.
(i) Administration absent State Agreement. In any State in which no
Agreement under this section is in force, the Secretary shall administer
the Act and this part 617 and pay TAA hereunder through appropriate
arrangements made by the Department, and for this purpose the Secretary
or the Department shall be substituted for the State or cooperating
State agency wherever appropriate in this part 617. Such arrangements
shall include the requirement that TAA be administered in accordance
with this part 617, and the provisions of the applicable State law
except to the extent that such State law is inconsistent with any
provision of this part 617 or section 303 of the Social Security Act (42
U.S.C. 503) or section 3304(a) of the Internal Revenue Code of 1986 (26
U.S.C. 3304(a)), and shall also include provision for a fair hearing for
any individual whose application for TAA is denied. A final
determination under paragraph (i) of this section as to entitlement to
TAA shall be subject to review by the courts in the same manner and to
the same extent as is provided by section 205(g) of the Social Security
Act (42 U.S.C. 405(g)).
[51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32351, Aug. 24, 1988;
59 FR 941, Jan. 6, 1994]
