2009 TAA extension and February 2011 petition receipt deadline

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL_16-10ch1acc.pdf

                                                         CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                TAA
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
                                                         OTAA
          U.S. DEPARTMENT OF LABOR
                                                         DATE
             Washington, D.C. 20210                      January 14, 2011



ADVISORY:          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 16-10,
                   CHANGE 1

TO:                STATE WORKFORCE AGENCIES
                   STATE WORKFORCE LIAISONS
                   ONE-STOP CENTER SYSTEM LEADS
                   STATE WORKFORCE ADMINISTRATORS
                   STATE AND LOCAL WORKFORCE BOARD CHAIRS AND
                   DIRECTORS
                   STATE LABOR COMMISSIONERS

FROM:              JANE OATES /s/
                   Assistant Secretary

SUBJECT:           The Effect of the Omnibus Trade Act of 2010 on Phasing Out Changes to the
                   Trade Act of 1974 Enacted by the Trade and Globalization Adjustment
                   Assistance Act of 2009

1. Purpose. Training and Employment Guidance Letter (TEGL) No. 16-10 (issued December
   15, 2010) provided guidance to the State Workforce Agencies or agencies designated by
   Governors as “Cooperating State Agencies” (CSAs) (also jointly referred to as “states”) for
   phasing out the amendments to the Trade Act of 1974 enacted by the Trade and Globalization
   Adjustment Assistance Act of 2009 (TGAAA or the 2009 Amendments). This Change 1
   updates that guidance by explaining that the Omnibus Trade Act of 2010 (Omnibus Trade
   Act), enacted subsequent to TEGL No. 16-10 on December 29, 2010, provided a six-week
   statutory extension for the application of the 2009 Amendments.

2. References. The Omnibus Trade Act (Pub. L. No. 111-344); the 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, enacted February 17, 2009); Trade
   Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle A of the Trade Act
   of 2002 (Pub. L. No. 107-210) (2002 Amendments); the Trade Act of 1974, as amended
   (Pub. L. No. 93-618, as amended) (Trade Act); 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.

3. Background. On December 29, 2010, President Obama signed into law the Omnibus Trade
   Act, which extended for six weeks the December 31, 2010, expiration date of the 2009
   Amendments. Therefore, the 2009 Amendments will continue to be in effect for an

 RESCISSIONS                                            EXPIRATION DATE
 None                                                   Continuing
   additional six weeks, through February 12, 2011. In addition, the Omnibus Trade Act
   similarly extended the January 1, 2011, expiration date of the TGAAA provisions enhancing
   the Health Coverage Tax Credit (HCTC) for certain Trade Adjustment Assistance-eligible
   workers.

   On December 15, 2010, the Department issued TEGL No. 16-10 to explain that certification
   requirements under the 2009 Amendments would no longer apply to petitions “filed after
   December 31, 2010,” and benefits and services added by those amendments would not apply
   to workers covered under certified petitions filed after that date, which the Department
   interpreted as extending through January 3, 2011. This guidance updates TEGL No. 16-10
   and provides new effective dates that are now in place due to the Omnibus Trade Act.

4. New Effective Date. The Omnibus Trade Act extended the effective date of the expiration
   of the TGAAA Amendments to February 12, 2011, a Saturday. Consistent with the
   interpretation of TEGL No. 16-10 concerning an expiration date that falls on a day that the
   Federal Government is not open for business, the Department interprets this deadline as
   making the TAA certification requirements available under the 2009 Amendments applicable
   to petitions received on or before 11:59 PM EST on Monday, February 14, 2011, which is
   the next business day after February 12, 2011. Workers covered by certifications of petitions
   filed before that date and time will continue to be eligible for benefits available under the
   2009 Amendments. Petitioners should be encouraged to file petitions online or by fax to
   ensure timely receipt.

   As explained in TEGL No. 16-10, applicable regulations at 29 CFR 90.2 define “date of
   filing” as the “date on which petitions are received by” the Division of Trade Adjustment
   Assistance, now the Office of Trade Adjustment Assistance (OTAA). Mail will not be
   received by OTAA on Saturday, February 12, 2011 or Sunday, February 13, 2011, nor will
   technical support be available on those non-business days. Therefore, in order to be
   considered “filed before February 13, 2011” and covered under the 2009 Amendments, a
   petition must be received by OTAA on or before 11:59 PM on Monday, February 14, 2011.
   It is not sufficient for a petition to be postmarked before that date. In addition, due to security
   procedures, mail sent to the Department of Labor is often delayed. Therefore, the Department
   strongly recommends that petitioners who wish their petitions to be considered under the
   2009 Amendments file early and file online or by fax to ensure petition receipt on or before
   11:59 PM EST on Monday, February 14, 2011.


   A petition is filed in time to be considered under the 2009 Amendments if it is received:

          Via mail at the Office of Trade Adjustment Assistance at Employment and Training
           Administration (ETA), United States Department of Labor, 200 Constitution Avenue,
           NW, Washington DC 20210 on or before 5:00 PM EST Monday, February 14, 2011.

          Via fax to 202-693-3585 on or before 11:59 PM EST Monday, February 14, 2011.
           The Department strongly suggests that petitioners retain the fax cover sheet with the
           date and time stamp.

          Via online petition processing located on the OTAA’s website,
           www.doleta.gov/tradeact, and a confirmation email generated by the system is sent to
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           the worker that indicates the petition was received in the Office of Trade Adjustment
           Assistance on or before 11:59 PM EST Monday, February 14, 2011.

   As long as a petition is received on or before 11:59 PM EST on Monday, February 14, 2011,
   the fact that it is certified after that date, does not affect covered workers’ eligibility to apply
   for benefits under the 2009 Amendments. The date and time in the EST time zone controls
   whether a petition is timely.

5. Action Requested. States will be notified before Saturday, February 12, 2011 regarding the
   continued operation of the TAA program.

6. Inquiries. State Administrators should direct all inquiries to the appropriate Employment
   and Training Administration Regional Office.




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