2015 appropriations to continue Trade Adjustment Assistance

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                                                          CLASSIFICATION
                                                          TAA
   EMPLOYMENT AND TRAINING ADMINISTRATION
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OTAA
             Washington, D.C. 20210                       DATE
                                                          December 23, 2014



ADVISORY:           TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 16-14

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:           Appropriations to Continue the Trade Adjustment Assistance (TAA) for
                   Workers and Alternative Trade Adjustment Assistance (ATAA) and
                   Reemployment Trade Adjustment Assistance (RTAA) Program Operations
                   for Fiscal Year (FY) 2015

1. Purpose. To provide State Workforce Agencies or agencies designated by Governors as
   “Cooperating State Agencies” (CSAs or “states”) with guidance to continue the TAA and
   ATAA and RTAA programs (collectively referred to as the TAA program) through the fiscal
   year ending on September 30, 2015 (FY 2015).

2. References.

   •    Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) (FY
        2015 Omnibus Appropriations Act) and accompanying explanatory statement regarding
        the House Amendment to the Senate Amendment on H.R. 83, 160 Cong. Rec. H9307,
        H9827 (daily ed. Dec. 11, 2014);
   •    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) (TAARA);
   •    Trade and Globalization Adjustment Assistance Act of 2009, Division B, Title I, Subtitle
 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

       I of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (TGAAA);
   •   Trade Adjustment Assistance Extension Act of 2011 (Pub. L. 112-40) (TAAEA);
   •   20 Code of Federal Regulations (CFR) 617 and 618;
   •   29 CFR 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;
   •   TEGL No. 02-03, Interim Operating Instructions for Implementing the Alternative Trade
       Adjustment Assistance (ATAA) for Older Workers Program Established by the Trade
       Adjustment Assistance Reform Act of 2002, and its Changes 1 and 2;
   •   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);
   •   TEGL No. 1-14 Second Distribution of Fiscal Year (FY) 2014 Trade Adjustment
       Assistance (TAA) Training and Other Activities Funds and the Process for Requesting
       TAA Program Reserve Funds; and
   •   TEGL No. 14-14, Trade Adjustment Assistance (TAA) for Workers and Alternative Trade
       Adjustment Assistance (ATAA) and Reemployment Trade Adjustment Assistance (RTAA)
       program operations after December 31, 2014.

3. Background. The TAAEA amended sections 245 (relating to authorization of
   appropriations) and 285 (relating to termination and phase-out) of the Trade Act, and
   provided for the phased-out termination of the TAA program on December 31, 2014; it also
   provided for the phased-out termination of ATAA and RTAA, under section 246(b), on the
   same date. These termination provisions are explained in TEGL No. 14-14, which provided
   notice 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. Congress took such action on December 13, 2014, by passing the FY
   2015 Omnibus Appropriations Act, which was signed into law by President Barack Obama
   on December 16, 2014 (Pub. L. 113-235).

   Therefore, the guidance on the operation of the TAA program after December 31, 2014,
   provided in TEGL No. 14-14 does not apply to the operation of the TAA program in FY
   2015. This guidance document supersedes any guidance on the termination of TAA in FY
   2015 that CSAs may have previously received.

4. FY 2015 Appropriation to Continue the TAA Program. Division G, title I of the FY 2015
   Omnibus Appropriations Act appropriates $710.6 million to carry out the TAA program
   during FY 2015, under chapter 2 of title II of the Trade Act of 1974, as amended by the
   TAARA (2002 program), TGAAA (2009 program), TAAEA (2011 program), and the sunset

   provisions of the TAAEA (Reversion 2014). This appropriation is at the level requested by
   the President for the full operation of the TAA program. The appropriation reads as follows:

           FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES: For payments
           during fiscal year 2015 of trade adjustment benefit payments and allowances under
           part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246
           of that Act; and for training, employment and case management services, allowances
           for job search and relocation, and related State administrative expenses under part II
           of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit
           payments, allowances, training, employment and case management services, and
           related State administration provided pursuant to section 231(a) and section 233(b) of
           the Trade Adjustment Assistance Extension Act of 2011, $710,600,000, together with
           such amounts as may be necessary to be charged to the subsequent appropriation for
           payments for any period subsequent to September 15, 2015.

   Further, section 4 of the FY 2015 Omnibus Appropriations Act provides that the explanatory
   statement regarding this Act, “shall have the same effect with respect to the allocation of
   funds and implementation of divisions A through K of this Act [including the TAA
   appropriation excerpt above from division G] as if it were a joint explanatory statement of a
   committee of conference.” The explanatory statement for division G, title I contains the
   following description of the intent of this appropriation for TAA:

           The agreement provides funding to carry out the Trade Adjustment Assistance for
           Workers program at the requested level to allow for the full operation of the program
           throughout fiscal year 2015, including the provision of benefits to groups of workers
           certified after December 31, 2014.

   Therefore, the effect of the appropriation is to allow the TAA program, as in effect since
   January 1, 2014, to continue through FY 2015.

5. Full Operation of the TAA Program in FY 2015. The FY 2015 Omnibus Appropriations
   Act has the effect of continuing the full operation of the TAA program through September
   30, 2015. Full operation of the TAA program means:

       •   CSAs will continue to file and assist workers and others in filing a Petition for Trade
           Adjustment Assistance (TAA) and Alternative Trade Adjustment Assistance
           (ATAA), Form ETA-9042 (or Form ETA-9042A), Rev. January 2014.

       •   The Office of Trade Adjustment Assistance (OTAA) will continue to conduct
           investigations of petitions filed with the Department of Labor (Department) before
           and after December 31, 2014.

       •   OTAA will issue determinations of group eligibility for workers covered by petitions
           filed from January 1, 2014, through September 30, 2015, based on the requirements
           of section 222 of the Trade Act under the Reversion 2014 program.

       •   Certifications of petitions filed after December 31, 2014, will allow those new groups
           of workers to apply for TAA benefits and services under the Reversion 2014
           program.

       •   CSAs must continue to administer benefits (including ATAA and RTAA) and
           services to eligible workers under the 2002 program, the 2009 program, the 2011
           program, and Reversion 2014, in accordance with: TEGL No. 11-02, and its Changes
           1, 2, and 3; TEGL No. 02-03, and its Changes 1 and 2; TEGL No. 22-08, and its
           Change 1; TEGL No. 10-11, and its Changes 1 and 2; TEGL No. 7-13; and applicable
           guidance and regulations.

6. Action Requested. CSAs must inform all appropriate staff of the contents of these
   instructions. The Department will issue separate guidance on the allocation of FY 2015
   funds. CSAs should continue to request reserve funds for program benefits, services and
   administration in accordance with existing procedures, as described in TEGL No. 1-14.

7. Inquiries. Inquiries about these instructions should be directed to the appropriate Regional
   Office.