TAA program operations if 2014 funding expired

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                                                          CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 TAA
                                                          CORRESPONDENCE SYMBOL
               ADVISORY SYSTEM                            OTAA
          U.S. DEPARTMENT OF LABOR                        DATE
             Washington, D.C. 20210
                                                          December 1, 2014


ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-14

TO:               STATE WORKFORCE AGENCIES
                  STATE WORKFORCE LIAISONS
                  AFFILIATE AMERICAN JOB CENTER MANAGERS
                  COMPREHENSIVE AMERICAN JOB CENTER MANAGERS
                  STATE WORKFORCE ADMINISTRATORS
                  STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                  DIRECTORS
                  STATE LABOR COMMISSIONERS
                  RAPID RESPONSE COORDINATORS
                  TRADE ADJUSTMENT ASSISTANCE LEADS

FROM:             PORTIA WU /s/
                  Assistant Secretary

SUBJECT:          Trade Adjustment Assistance (TAA) for Workers and Alternative Trade
                  Adjustment Assistance (ATAA) and Reemployment Trade Adjustment Assistance
                  (RTAA) program operations after December 31, 2014

1. Purpose. To advise State Workforce Agencies or agencies designated by Governors as
“Cooperating State Agencies” (CSAs or “States”) that the authorization of appropriations for the
TAA program expires on December 31, 2014, and termination provisions will take effect
beginning on January 1, 2015, absent congressional action.

2. References.
        Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618) (1974 Act
         and, as amended, Trade Act);
        Trade Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A of
         the Trade Act of 2002 (Pub. L. 107-210), as amended by the Miscellaneous Trade and
         Technical Corrections Act of 2004, (Pub. L. 108-429);
        Trade and Globalization Adjustment Assistance Act of 2009, Division B, Title I,
         Subtitle I of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5);
        Trade Adjustment Assistance Extension Act of 2011 (Pub. L. 112-40);
        20 Code of Federal Regulations (CFR) part 617;
        29 CFR part 90;
        Training and Employment Guidance Letter (TEGL) No. 11-02, Operating Instructions
         for Implementing the Amendments to the Trade Act of 1974 Enacted by the Trade Act
         of 2002, and its Changes 1, 2, and 3;

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

        TEGL No. 22-08, Operating Instructions for Implementing the Amendments to the
         Trade Act of 1974 Enacted by the Trade and Globalization Adjustment Assistance Act
         of 2009, and its Change 1;
        TEGL No. 10-11, Operating Instructions for Implementing the Amendments to the
         Trade Act of 1974 Enacted by the Trade Adjustment Assistance Extension Act of 2011
         (TAAEA), and its Changes 1 and 2;
        TEGL No. 7-13, Operating Instructions for Implementing the Sunset Provisions of the
         Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance
         Extension Act of 2011 (TAAEA or the 2011 Amendments).

3. Background. The authorization for the TAA program expires on December 31, 2014. If
Congress does not extend the authorization period, or take other action through appropriations or
authorization legislation, the program will begin to phase out on January 1, 2015, and the
Department of Labor (Department) will no longer investigate or certify new petitions after that
date.

However, even absent legislative action, certain provisions of the program will continue to
operate. Therefore, CSAs must continue to administer the programs after December 31, 2014, in
accordance with the relevant operating instructions listed in TEGL No. 11-02 and its Changes 1,
2 and 3; TEGL No. 22-08 and its Change 1, TEGL No. 10-11 and its Changes 1 and 2; and
TEGL No. 7-13.

4. Termination Provisions.

Section 285 Provision: On January 1, 2015, the termination provision for the TAA program
under Section 285(a) of the Trade Act of 1974 is due to take effect.

Under this provision, in order to be entitled to TAA benefits and services after December 31,
2014, the CSAs must determine that a worker: (1) is covered by a petition filed and determined
to be certified on or before December 31, 2014, (2) is an “adversely affected worker” as defined
in 20 CFR 617.3(c), who because of lack of work in adversely affected employment has been
totally or partially separated from such employment on or before December 31, 2014, and (3)
meets or continues to meet the individual eligibility requirements of TAA benefits and services
in accordance with relevant operating instructions and Federal regulations at 20 CFR 617, and
any other applicable deadlines, on or after January 1, 2015. For the 2009 and 2011 programs, an
adversely affected worker also includes “adversely affected incumbent workers,” as defined in
TEGL No. 22-08, D.2.1 and discussed in TEGL No. 10-11, who were threatened with total or
partial separation on or before December 31, 2014. CSAs must continue to provide TAA
benefits and services to these workers after December 31, 2014, in accordance with the relevant
operating instructions listed in TEGL No. 11-02 and its Changes 1, 2 and 3; TEGL No. 22-08
and its Change 1; TEGL No. 10-11 and its Changes 1 and 2; and TEGL No. 7-13.

Workers who were included in the groups certified by the Secretary as eligible to apply for TAA
benefits, but who are not adversely affected workers or adversely affected incumbent workers on
or before December 31, 2014, will lose their entitlement to any TAA benefits and services after
that date. This means that, after December 31, 2014, CSAs may not provide TAA benefits and

services to workers who were separated (or threatened with separation for 2009 and 2011
program certifications) from adversely affected employment after that date.

Section 246 Provision: The termination provision under Section 246(b) of the Trade Act of
1974, as amended, addresses ATAA administered under the 2002 program and Reversion 2014,
and RTAA administered under the 2009 and 2011 programs.

The termination provision applicable to only ATAA and RTAA limits the receipt of those
benefits after the termination date to workers “receiving payments under the program.” This
provision provides that only workers who have already begun receiving payments under these
programs as of December 31, 2014, may continue to receive payments under the respective
program after that date. Therefore, workers that have met all the other eligibility requirements
for ATAA or RTAA by December 31, 2014, but who have not yet been issued a determination
approving an application to receive at least one ATAA or RTAA payment by that same date, will
not be eligible to receive payments under these programs. CSAs may not approve applications
for ATAA or RTAA on or after January 1, 2015.

5. Applicability of Prior Authority on the Termination Provisions. The current termination
provisions supersede 20 CFR 617.64, which implemented a termination provision that no longer
is in effect. This guidance supersedes not only this regulation, but any guidance on the
termination of TAA that you may have received.

6. Petition Filing and the December 31, 2014 Deadline. Only petitions that are filed and
certified on or before 5:00 PM, Wednesday, December 31, 2014, Eastern Standard Time (EST)
may allow a worker in the covered group to be eligible for TAA after December 31, 2014, as
described in paragraph 4, Termination Provisions, above.

The Department advises the workforce system that potential petitioners, who wish to be certified
under the Reversion 2014 program, file a complete petition as soon as possible and consider
using the on-line petition filing or fax to ensure prompt receipt by the Department, as explained
on the TAA website at www.doleta.gov/tradeact.

After making a determination on group eligibility, the Office of Trade Adjustment Assistance
will notify the petitioners, the workers' firm, and the appropriate CSA of the determination. In
addition, the determination will be posted on the TAA website and published in the Federal
Register. The CSA will then notify individual workers of the certification, provide information
about benefits and services, and inform them of the termination provisions described in this
directive, in the event that congressional action to override the TAA program termination
provisions does not occur before December 31, 2014. CSAs also should prepare to notify
individual workers covered by certifications that have not expired of the effect of the termination
provisions on their entitlement to TAA benefits and services. The Department will provide
further guidance to CSAs on the content of such notices.

7. Action Required. CSAs are instructed to continue operation of the TAA, ATAA, and RTAA
programs through December 31, 2014. After December 31, 2014, CSAs must continue to
operate the TAA program under the termination provisions described above. The Department

will advise the CSAs of further developments as they occur, and will issue operating instructions
for the TAA program before the close of the year.

8. Inquiries. Inquiries regarding these instructions should be directed to the appropriate Regional
Office.

9. Attachment. Appendix A: Applicable Trade Act Provisions

Appendix A: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/TEGL_14-14_Attachment_Acc.pdf

                                           APPENDIX A

                           APPLICABLE TRADE ACT PROVISIONS

Section 233(a)(7) of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA) requires
that section 285 of the Trade Act shall be applied and administered after December 31, 2013, as
if it read:

(a) ASSISTANCE FOR WORKERS.—
(1) IN GENERAL.—Except as provided in paragraph (2), trade adjustment assistance, vouchers,
allowances, and other payments or benefits may not be provided under chapter 2 after December
31, 2014.
(2) EXCEPTION.—Notwithstanding paragraph (1), a worker shall continue to receive trade
adjustment assistance benefits and other benefits under chapter 2 for any week for which the
worker meets the eligibility requirements of that chapter, if on or before December 31, 2014, the
worker is—
(A) certified as eligible for trade adjustment assistance benefits under chapter 2 of this title; and
(B) otherwise eligible to receive trade adjustment assistance benefits under chapter 2.

Section 233(a)(4) of the TAAEA, requires that section 246 (b) of the Trade Act terminating the
Alternative Trade Adjustment Assistance [ATAA] Program [and the reemployment trade
adjustment assistance benefit], shall be applied and administered after December 31, 2013, as if
it read:
(b) TERMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), no payments may be made by a State
under the program established under subsection (a)(1) after December 31, 2014.
(2) EXCEPTION.—Notwithstanding paragraph (1), a worker receiving payments under the
program established under subsection (a)(1) on the termination date described in paragraph(1)
shall continue to receive such payments provided that the worker meets the criteria described in
subsection (a)(3)(B) [of section 246, providing the individual eligibility requirements].