Pub. L. 111-5, div. B, tit. I, subtit. I, pt. I, subpt. E, sec. 1852
ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH STATES.
SEC. 1852. ACCOUNTABILITY OF STATE AGENCIES; COLLECTION AND PUBLICATION OF PROGRAM DATA; AGREEMENTS WITH STATES.(a) In General.—Section 239(a) of the Trade Act of 1974 (19 U.S.C. 2311(a)) is amended—(1) by amending clause (2) to read as follows: “(2) in accordance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A the employment and case management services described in section 235,”; and(2) by striking “will” each place it appears and inserting “shall”.(b) Form and Manner of Data.—Section 239 of the Trade Act of 1974 (19 U.S.C. 2311) is amended—(1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and(2) by inserting after subsection (b) the following:“(c) Form and Manner of Data.—Each agreement under this subchapter shall—“(1) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this chapter; and“(2) specify the form and manner in which any such data requested by the Secretary shall be reported.”.123 STAT. 391(c) State Activities.—Section 239(g) of the Trade Act of 1974 (as redesignated) is amended—(1) in paragraph (3), by striking “and” at the end;(2) by amending paragraph (4) to read as follows:“(4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A with respect to assistance and benefits available under this chapter, and”; and(3) by adding at the end the following:“(5) make employment and case management services described in section 235 available to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A and, if funds provided to carry out this chapter are insufficient to make such services available, make arrangements to make such services available through other Federal programs.”.(d) Reporting Requirement.—Section 239(h) of the Trade Act of 1974 (as redesignated) is amended by striking “1998.” and inserting “1998 (29 U.S.C. 2822(b)) and a description of the State’s rapid response activities under section 221(a)(2)(A).”.(e) Control Measures.—Section 239 of the Trade Act of 1974 (19 U.S.C. 2311), as amended, is further amended by adding at the end the following:“(i) Control Measures.—“(1) In general.—The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade adjustment assistance program under this chapter, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.“(2) Definition.—For purposes of paragraph (1), the term ‘control measures’ means measures that—“(A) are internal to a system used by a State to collect data; and“(B) are designed to ensure the accuracy and verifiability of such data.“(j) Data Reporting.—“(1) In general.—Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of—“(A) the core indicators of performance described in paragraph (2)(A);“(B) the additional indicators of performance described in paragraph (2)(B), if any; and“(C) a description of efforts made to improve outcomes for workers under the trade adjustment assistance program.“(2) Core indicators described.—“(A) In general.—The core indicators of performance described in this paragraph are—“(i) the percentage of workers receiving benefits under this chapter who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;123 STAT. 392“(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.“(B) Additional indicators.—The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade adjustment assistance program under this chapter, as appropriate.“(3) Standards with respect to reliability of data.—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 Secretary to ensure that the data reported are valid and reliable.”.