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TAA services through American Job Centers
Summary ETA instructed states to deliver Trade Adjustment Assistance benefits and services through the American Job Center network. It superseded Attachment B of TEGL 5-00 and attached service guidance. ETA now labels the advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 15-12
Date issued
March 7, 2013
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. It expressly supersedes Attachment B of TEGL 5-00. No cancellation instrument is identified.
Status last verified October 24, 2026
Is this still the rule?
This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2013/TEGL_15_12_Acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION TAA
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
OTAA
U.S. DEPARTMENT OF LABOR
DATE
Washington, D.C. 20210 March 7, 2013
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 15-12
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE LIAISONS
AMERICAN JOB CENTER LEADS
STATE WORKFORCE ADMINISTRATORS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
DIRECTORS
STATE LABOR COMMISSIONERS
FROM: JANE OATES /s/
Assistant Secretary
SUBJECT: Delivery of Benefits and Services to Trade Adjustment Assistance (TAA)
Program Recipients through the American Job Center Network Delivery
System
1. Purpose. To assist State Workforce Agencies (SWAs) or agencies designated by Governors
as “Cooperating State Agencies” (CSAs) and States in providing services to TAA program
participants through the American Job Center network. This guidance supersedes TEGL No. 5-
00, Attachment B, incorporating the changes to the program since the issuance of that TEGL,
including the expanded funding source options.
2. References.
• Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. No. 93-618) (1974
Act and, as amended, Trade Act), 19 U.S.C. 2271- 2323;
• Trade Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A of the
Trade Act of 2002 (Pub. L. No. 107-210) (Reform Act or 2002 Amendments);
• 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. No. 111-5) (TGAAA
or 2009 Amendments);
• Omnibus Trade Act of 2010 (Pub. L. No. 111-344) (Omnibus Trade Act);
• Trade Adjustment Assistance Extension Act of 2011 (Pub. L. No. 112-40) (TAAEA or
2011 Amendments);
• Wagner-Peyser Act, as amended (29 U.S.C. 49) (Wagner-Peyser);
• The Workforce Investment Act of 1998, as amended (Pub. L. 105-220) (29 U.S.C. 2801
et seq.) (WIA);
• Section 303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1));
RESCISSIONS: EXPIRATION DATE:
None Continuing
• 20 Code of Federal Regulations (CFR) Part 617;
• 20 CFR Part 618.890;
• 29 CFR Part 90;
• 20 CFR 652.215;
• Training and Employment Guidance Letter (TEGL) No. 4-08, Change 1, Fiscal Year
(FY) 2009 State Supplemental Training Fund Distributions Including Case Management
Funds and the Process for Requesting Additional Trade Adjustment Assistance (TAA)
Program Reserve Funds;
• TEGL No. 5-00, Attachment B: Funding Source Matrix for the Trade Act Program’s
Benefits and Services Activities;
• TEGL No. 2-03, Interim Operating Instructions for Implementing the Alternative Trade
Adjustment Assistance (ATAA) Program for Older Workers Established by the Trade
Adjustment Assistance Reform Act of 2002
• 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;
• TEGL No. 4-08, Change 1, Fiscal Year (FY) 2009 State Supplemental Training Fund
Distributions Including Case Management Funds and the Process for Requesting
Additional Trade Adjustment Assistance (TAA) Program Reserve Funds;
• 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 Changes (2009 Program);
• TEGL No. 16-10, Instructions for Phasing Out Changes to the Trade Act of 1974
Enacted by the Trade and Globalization Adjustment Assistance Act of 2009, and its
Change 1;
• TEGL No. 15-10, Increasing Credential, Degree, and Certificate Attainment Participants
of the Public Workforce System;
• TEGL No. 1-10, Promulgation of 20 CFR Part 618 Trade Adjustment Assistance: Merit
Staffing of State Administration and Allocation of Training Funds to States;
• 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, and
Change 1;
• TEGL No. 13-11, Fiscal Year (FY) 2012 State Initial Allocations and the Process for
Requesting Trade Adjustment Assistance (TAA) Program Reserve Funds;
• TEGL No. 36-11, Announcement of American Job Center Network; and
• TEGL No. 1-12, Fiscal Year (FY) 2012 Second Distribution of Trade Adjustment
Assistance (TAA) Program Funding to States and the Process for Requesting TAA
Program Reserve Funds.
3. Background. The Trade Adjustment Assistance (TAA) program under Chapter 2 of Title II
of the Trade Act (19 U.S.C. 2271 et seq.) provides adjustment assistance for workers whose jobs
have been adversely affected by international trade. Benefits and services under the TAA
program include training, employment and case management services, income support, job
search allowances, relocation allowances, wage supplements for certain older workers, and
eligibility for a health coverage tax credit to help workers pay for the costs of qualified health
insurance. The TAA program is a required partner in the American Job Center network
established under section 121 of the Workforce Investment Act (WIA). TEGL No. 36-11
announced the introduction of the American Job Center network, a unifying name and brand that
identifies virtual and in-person publicly-funded workforce development services as part of a
single network. This TEGL strongly encourages states to begin immediately using the name
American Job Center network for their One-Stop system, and for the activities delivered in
American Job Centers, including Wagner-Peyser Act and WIA Adult, Youth, or Dislocated
Worker activities. States may also use the name American Job Center network to refer to
locations where workers may apply for and receive TAA program benefits and services.
The States provide benefits and services in the TAA program as agents of the United States.
Each State does so through one or more State agencies, one of which is designated as the CSA in
an agreement between the State’s Governor and the United States Secretary of Labor (Secretary),
under section 239 of the Trade Act. The CSA operates the TAA program in the State in
coordination with the State agency that administers the unemployment insurance laws for the
State (if the CSA is a different agency) and other State agencies that cooperate in the
administration of the TAA program, as provided in the Governor-Secretary Agreement. In many
cases, the CSA is also the WIA grantee. Under the Agreement: the state will ensure integration
of the TAA program into its American Job Center network; the state will use the centers in this
system or network as the main point of participant intake and delivery of benefits and services;
and the terms of the Memoranda of Understanding (MOU) with the Local Workforce Investment
Boards, as established under WIA sec. 121(c) (19 USC 2841(c)), will apply to the assistance
provided by other center partners to trade-affected workers.
TAA Funding Limitations
The Trade Adjustment Assistance Extension Act of 2011 (TAAEA), as explained in TEGL No.
10-11, authorizes a $575 million national annual cap in funding for FY 2012 and FY 2013, and a
pro-rated portion of this amount for the first quarter of FY 2014. These amounts must be used
for training, job search allowances, relocation allowances, employment and case management
services, and associated state administration costs of providing these benefits and services to
trade-affected workers. The TEGL also explained that this funding is subject to two limitations,
under section 235A of the Trade Act:
• not more than 10 percent of a state’s allocation may be used for administration; and,
• at least 5 percent must be used to provide employment and case management services.
Therefore, a state may use more than 5 percent of its allocation to provide employment and case
management services if it determines that more funds are needed to provide such services to
adversely affected workers in its state. However, the state administrative cost to provide TAA
benefits and services to adversely affected workers must not exceed 10 percent of the state’s
allocation.
4. Scope. This TEGL addresses funding changes for the TAA program made under the
TAAEA, as well as the merit staffing regulations at 20 CFR Part 618. This TEGL does not
address the types of services and benefits available to workers covered by TAA certifications.
States will continue to apply TEGL No. 10-11, TEGL No. 10-11, Change 1, TEGL 2-03 and
TEGL No. 2-03, Change 1 to determine the benefits and services for workers covered under
TAA certifications resulting from petition numbers TA-W-80,000 to 80,999 and petition
numbers TA-W-81,000 and above and also will apply 20 CFR 618.890. States will apply TEGL
No. 22-08 and TEGL No. 22-08 Change 1 to determine the benefits and services for workers
covered under TAA certifications resulting from petition numbers TA-W- 70,000 to 79,999, and
will apply 20 CFR part 617. States will also continue to apply TEGL No. 11-02 and TEGL No.
11-02 Changes 1, 2, and 3 to determine the benefits and services for workers covered under TAA
certifications resulting from petitions numbers TA-W-50,000 to 69,000. In determining the
source of funding for these activities, this TEGL will apply.
5. Merit Staffing. As explained in TEGL No. 01-10, 20 CFR 618.890(c) provides that CSAs
must operate their TAA programs entirely in accordance with merit principles, except for the
CSAs in three States, Colorado, Massachusetts, and Michigan, whose Employment Service is
exempt from applying the merit staffing requirement in delivering services under the Wagner-
Peyser Act. Under this regulation, the Department expects CSAs to use TAA funds to hire
merit-staffed employees to provide services to trade-affected workers, and apply to these
personnel the standards for a merit system of personnel administration in accordance with Office
of Personnel Management regulations at 5 CFR Part 900, subpart F. CSAs may use TAA
program funds to provide employment and case management services to trade-affected workers,
subject to the merit-staffing requirement. However, trade-affected workers who participate in
the TAA program continue to be eligible for services delivered by other partner programs in the
American Job Center network delivery system and subject to terms and conditions executed in
Governor-Secretary agreements, states continue to have the flexibility to serve TAA participants
through co-enrollment in those programs.
The regulation on the use of merit-staffed personnel in carrying out the TAA program does not
require states to establish a new benefit delivery system for the provision of employment and
case management services to TAA participants. In fact, the Governor-Secretary Agreements (as
required by section 239(f) of the Trade Act) require coordination with activities carried out under
the Wagner-Peyser Act and WIA to help ensure that a comprehensive array of services is
available to TAA participants. CSAs already apply the merit staffing requirements of Section
303(a)(1) of the Social Security Act (42 U.S.C. 503(a)(1)), and 20 CFR 652.215 when carrying
out, respectively, the State Unemployment Insurance program, and Wagner-Peyser Act services,
using funds made available for those programs. Accordingly, we encourage states to use existing
structures based on effective co-enrollment and applicable MOUs to coordinate the delivery of
services by partner programs to TAA participants using both existing partner program staff and
state merit-staffed employees funded by the TAA program.
In addition, the merit-staffing regulation does not specifically address activities that may be
performed by partner program staff using partner program funding (discussed in number 6.
below). Under co-enrollment, even partner program staff who are not merit staff personnel may
provide to trade-affected workers any activity or service authorized by that program using its
own program funds. This delivery of services is consistent with the merit staffing regulation,
since those regulations govern only services provided with TAA funds. Nothing in this TEGL
changes the guidance that TAA funds may also be used to pay its fair share for the physical
structure, utilities and other shared American Job Center costs.
6. Integrated Service Delivery for Trade-Affected Workers. Trade-affected workers
currently receive many services, such as skill assessments, supportive services, and other wrap-
around services, that are funded and provided under other programs for which trade-affected
workers also qualify. In most cases, trade-affected workers meet the definition of a “dislocated
worker” under WIA and are eligible to receive rapid response activities and core, intensive, and
training services under the WIA Dislocated Worker program. In addition, section 221(a)(2)(A)
of the Trade Act specifically requires that, upon receipt of a petition, the Governor must ensure
that rapid response activities and appropriate core and intensive services, as described in section
134 of WIA, are made available to the workers covered by the petition to the extent authorized
under the WIA and other Federal laws. This requirement, implemented in TEGL No. 11-02, has
not changed.
While we expect the TAA program to be the primary funding source for services to trade-
affected workers covered by approved petitions, we recognize that in many cases these workers
will have begun to receive services through one or more American Job Center network partner
programs before certification and may have an existing service plan that incorporates partner
program services. Services that workers receive from partner programs must not be duplicated
using TAA funds. Thus, if a trade-affected worker is co-enrolled in the WIA dislocated worker
program and the service plan for that worker includes a WIA-funded assessment, that assessment
may be provided by a local WIA staff member, and must not be duplicated by a state merit-
staffed employee to meet the TAA program requirement that these services must be made
available to TAA participants.
The attached chart will help guide the States in developing plans of service consistent with the
merit staffing regulation, and the array of American Job Center network partner programs
available to serve workers in the State. This matrix provides an overview of the activities related
to providing TAA program benefits and services and may not be all-inclusive. It identifies
which funding sources may be used to provide these activities.
7. Inquiries. CSAs should direct all inquiries to the appropriate Employment and Training
Administration Regional office.
8. Attachment. Attachment, Commonly Used Funding Sources for the American Job Centers
in the Provision of Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-
Affected Workers, is a chart that maps TAA benefits and services activities to a variety of
funding sources. When referring to this chart, CSAs have the option to determine which funding
source they will use, consistent with the terms of applicable MOUs that have been developed in
local areas, to conduct such activities and within the guidelines of the respective funding streams
and this Attachment.
Attachment 1: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2013/TEGL_15_12_Att.pdf
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
Individual letter to trade-
Notification of Certification x x x
affected workers
Legal notice/public notice,
Outreach x x x x
including newspaper notice
Initial visit and/or registration
Initial Intake x x x
Benefits and Services Activities
with the AJC
Individual Eligibility
Decision on individual
Determination for TAA Benefits x
eligibility for TAA program
and Services
Determination of Eligibility for
Decision on eligibility for
Unemployment Insurance (UI)
monetary benefits e.g., UI x
and/or Trade Readjustment
and/or TRA
Assistance (TRA)
Determination of Eligibility for
Decision on eligibility for
Alternative Trade Adjustment
monetary benefits e.g., ATAA x
Assistance/Reemployment Trade
or RTAA
Adjustment Assistance
Activities
Services
and
UI, TRA, ATAA and RTAA Benefit Payment of benefits x
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
Submission of Health Coverage
Tax Credit (HCTC) record to the x
Internal Revenue Service (IRS)
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
All activities to determine
Assessment x x x
need
Career Counseling x x x
Job Development and/or
x x x
Placement
Registration for labor
CORE EMPLOYMENT & CASE
Employment Registration x x x
MANAGEMENT SERVICES
exchange
Job search workshop, job
Staff-Assisted Job Search x x x
finding clubs
Information on Available Training
x x x
and the Application Process
Information on How to Apply for
x x x
Financial Aid
Employment Statistics
x x x
Information
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
Any test deemed acceptable
by partners of the AJC, i.e.,
Testing x x x
any suitable aptitude,
interest, or academic test
Reemployment Plan Any individual service
x x x
INTENSIVE EMPLOYMENT & CASE
Development strategy adopted by the AJC
MANAGEMENT SERVICES
Taking the application for a
Job Search Allowance Application x x x
job search allowance
The actual approval or denial
Job Search Allowance
of the job search allowance x
Determination
application
Job Search Allowances Payment of benefit x
Taking the application for a
Relocation Allowance Application x x x
relocation allowance
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
The actual approval or denial
Relocation Allowance
of the relocation allowance x
Determination
application
INTENSIVE EMPLOYMENT & CASE
MANAGEMENT SERVICES
Relocation Allowance Payment of benefit x
Recommending and Reviewing of
x
Training Waiver Actions
Issuing, Approving, Continuing
x
and Revoking Training Waivers
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
Development of Training Plans
and/or Contracts Including application for
(dependent on the point of transportation and x x x
entry)(see approval and denial of subsistence
a training program below)
TRAINING BENEFITS & SERVICES
Training Plan (including Training
program and related x x
Transportation and Subsistence)
Approval or Denial of a Training
x
Program
Transportation and/ or
Subsistence while in Training x x
Program
Training Program Benefit Payment of benefit x x
OTHER BENEFITS &
Appellate activity associated with
x x
any TAA benefit or service denial
SERVICES
Books, Tools, Supplies, Testing,
Licensing, Mandatory College
x
Fees including Health Insurance
Coverage
1
CSAs have the option to determine which funding source they will use, consistent with the terms of applicable Memoranda of Understanding (MOU) that have been developed in
local areas, to conduct such activities and within the guidelines of the respective funding streams and this Attachment. Where a funding source column is not checked, that funding
source may not be used for the function in that row. Additionally, some of these funding sources may not be available in all states or local areas. The MOU may provide that TAA
Program funds may be used to reimburse Wagner-Peyser staff costs when that staff performs TAA program functions. In states/local areas where WIA Title I programs are
Commonly Used Funding Sources1 for the American Job Centers2 (AJC) in the Provision of
Trade Adjustment Assistance (TAA) Benefits and Services Activities to Trade-Affected Workers
TAA Program Unemployment Wagner-Peyser WIA Title I
Insurance (UI) (W-P) including
CATEGORY
Rapid Response
Benefits and Services Activities Comments Dislocated Worker
Funds
Note: Generally, except for Note: Activities performed by Note: Activities performed by
the provision of training, Merit Staff Merit Staff
these activities must be
performed by Merit Staff
provided by state merit staff, all services that Wagner-Peyser staff perform for the TAA program may also be performed by WIA Title I staff and TAA Program funds may be used
to reimburse the WIA Title I programs.
2
American Job Center network is a unifying name and brand that identifies virtual and in-person publicly-funded workforce development services as part of a single network. In
order to increase jobseeker and employer awareness of workforce development resources available across the country, the Department of Labor Employment and Training
Administration (ETA) strongly encourages states and local workforce investment areas to begin using the name American Job Center network for their One-Stop system. ETA is
taking initial steps now to establish a well-known unified brand, the American Job Center brand, to make it easier for workers and businesses to find and use One-Stop Career
Centers.
3
TAA Program provides training, job search allowances, relocation allowances, employment and case management services, reemployment/alternative training adjustment
assistance and the state administration cost of providing these benefits and services to trade-affected workers. TAA Program funds are provided to states from the Federal
Unemployment Benefits and Allowances (FUBA) account through the Trade Adjustment Assistance Program Annual Cooperative Financial Agreement with each state. Payment
of UI/TRA/RTAA is also a part of the FUBA account; however, these funds are not allocated to states, but provided as requested by states as-needed.
4
Provision of training does not require merit staff; however the approval of training must be provided by merit staff. Refer to 20 CFR 618.890(c). The merit system standards,
established by Office of Personnel Management regulation at 5 CFR 900.603, are:(a) Recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial appointment.(b) Providing equitable and adequate compensation.(c) Training employees, as
needed, to assure high quality performance.(d) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating
employees whose inadequate performance cannot be corrected.(e) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to
political affiliation, race, color, national origin, sex, religious creed, age or handicap and with proper regard for their privacy and constitutional rights as citizens. This “fair
treatment” principle includes compliance with the Federal equal employment opportunity and nondiscrimination laws.(f) Assuring that employees are protected against coercion
for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for
office. There is a partial exemption from the use of merit staff for three states which have received an exemption from the Employment Service merit staffing requirements under
the Wagner-Peyser Act. Those three states are Colorado, Massachusetts, and Michigan. The merit staffing requirement also does not prevent a state from outsourcing functions
that are not inherently governmental, as defined by the Office of Management and Budget Circular number A-76. Non-inherently governmental functions are, generally, those that
do not involve the exercise of discretion in program administration, such as janitorial and information technology services.
5
Funds needed to administer UI/TRA/RTAA (administration funds), also known as the base and contingency funds, provided to the states from the State Unemployment Insurance
and Employment Security Operations (SUIESO) account, are provided through the Unemployment Insurance Program Annual Funding Agreement with each state.
6
This service may be funded by partner programs when TAA program funds are not available.
7
Regulatory guidance for determining “reasonable cost” is found at 20 CFR Part 617.22(6). See 617.22(a)(iii)(A) “academic fees”.
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