Back to Federal guidance
Trade Adjustment Assistance Reversion 2021 operating instructions
Summary ETA gave state agencies operating instructions for the Reversion 2021 version of Trade Adjustment Assistance, covering workers in groups petitioning on or after July 1, 2021. It explained eligibility, benefits, and continued administration of earlier program versions. Change 1 later revised how TAA funds could be used for employment and case management services.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 24-20
Date issued
June 4, 2021
Status
Active
ETA lists this base letter as active. It prints an expiration date of Continuing and no rescissions; Change 1 later revises its case-management funding instructions.
Status last verified October 24, 2026
Apply this to your situation
This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, 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.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Office of Trade Adjustment Assistance
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OTAA
Washington, D.C. 20210 DATE
June 4, 2021
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 24-20
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
STATE UI DIRECTORS
RAPID RESPONSE COORDINATORS
TRADE ADJUSTMENT ASSISTANCE LEADS
FROM: SUZAN G. LEVINE
Principal Deputy Assistant Secretary
SUBJECT: Operating Instructions for Implementing the Reversion Provisions of the
Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment
Assistance Reauthorization Act of 2015
1. Purpose. To assist State Workforce Agencies or agencies designated by Governors as
“Cooperating State Agencies” (CSAs or “states”) to implement the Trade Adjustment
Assistance (TAA) Program reversion provisions of the Trade Adjustment Assistance
Reauthorization Act of 2015 (TAARA 2015) by providing operating instructions that apply
to the program benefits applicable to adversely affected workers covered by petitions filed on
or after July 1, 2021, and by identifying prior guidance that remains applicable to CSAs.
Employment and Training Administration (ETA) refers to this version of the TAA Program,
described in these operating instructions set out in Attachment A, as “Reversion 2021.”
2. Action Requested. CSAs are to implement the guidance set forth in these operating
instructions for workers covered under petitions filed on or after July 1, 2021. Additionally,
CSAs must continue to administer the 2002 Program, the 2009 Program, the 2011 Program,
and the 2015 Program, in accordance with existing regulations and, where applicable, prior
guidance. States must inform all appropriate staff of the contents of these instructions.
Although the TAARA 2015 program expiration provision requires that the Department will
no longer accept petitions for Trade Adjustment Assistance as of July 1, 2022, States are
expected to continue serving those adversely affected workers from worker groups certified
prior to that date.
RESCISSIONS EXPIRATION DATE
None Continuing
3. Summary and Background.
Summary – The TAA Program is a federal entitlement program that assists U.S. workers
who lost their jobs as a result of foreign trade. The TAA Program, established by the
Trade Act of 1974, has been amended a number of times over the past 46 years. The
latest amendments, enacted in 2015, include reversion and sunset provisions effective
July 1, 2021, and July 1, 2022, respectively. Currently, trade-affected workers covered
by a certified TAA petition are covered and eligible to apply for TAA benefits and
services under one of the versions of the TAA Program based upon the date of the
relevant TAA certified Petition: the 2002 Amendments, the 2009 Amendments, the 2011
Amendments, or the 2015 Amendments. Workers receiving TAA Program benefits and
services under any of these versions of the TAA program will continue to receive the
applicable benefits and services provided under their applicable versions of the program.
Any workers covered under a Petition for Trade Adjustment Assistance filed on or after
July 1, 2021, will be covered under Reversion 2021.
Background – TAARA 2015, at Section 406, includes a provision that creates a modified
version of the TAA Program, Reversion 2021, effective for all petitions filed on or after
July 1, 2021. This section 406 also provides that the TAA Program will expire (or
sunset) on June 30, 2022. Guidance on the impacts of the sunset provision will be issued
separately in Fiscal Year 2022, if needed. The TAA Program has previously reverted, in
2011 and 2014. In both instances, ETA issued Operating Instructions to administer
reversion, and is doing the same for Reversion 2021.
4. Operating Instructions. The Operating Instructions set out at Attachment A to this Training
and Employment Guidance Letter (TEGL) constitute controlling program guidance for
Reversion 2021, which the states may not deviate from absent prior approval, pursuant to the
terms and conditions of the Agreement Between the Governor and Secretary of Labor, United
States Department of Labor, to Carry Out the Provisions of Subchapters A, B, and C of
Chapter 2 of Title II of the Trade Act of 1974, as amended by the Trade Adjustment
Assistance Reauthorization Act of 2015 (Governor-Secretary Agreement). As explained in
the attached Operating Instructions, the TAA Program regulations, codified at 20 CFR part
618, apply to Reversion 2021 unless otherwise indicated in the Operating Instructions. To
that end, the Operating Instructions in the attachment to this guidance include statutory,
regulatory, and administrative guidance references.
5. Inquiries. Please direct inquiries to the appropriate Regional Office.
6. References.
Chapter 2 of Title II of the Trade Act of 1974, as amended (Pub. L. 93-618) (Trade Act)
(codified at 19 U.S.C. §§ 2271 et seq.);
Pub. L. 114-27, Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA
2015)
Pub. L. 112-40, Trade Adjustment Assistance Extension Act of 2011 (TAAEA)
Pub. L. 111-5, Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA)
Pub. L. 107-210, Trade Adjustment Assistance Reform Act of 2002 (TAARA 2002)
TAA Final Rule, 20 CFR Part 618, 85 FR 51896 (August 21, 2020);
Agreement Between the Governor and Secretary of Labor, United States Department of
Labor, to Carry Out the Provisions of Subchapters A, B, and C of Chapter 2 of Title II of
the Trade Act of 1974, as amended by the Trade Adjustment Assistance Reauthorization
Act of 2015
TEGL No.: 11-02 and Changes 1, 2, and 3 - Operating Instructions for Implementing the
Amendments to the Trade Act of 1974 Enacted by the Trade Act of 2002
TEGL No.: 22-08 and Change 1 - Operating Instructions for Implementing the
Amendments to the Trade Act of 1974 Enacted by the Trade and Globalization
Adjustment Assistance Act of 2009
7. Attachment(s).
A - Operating Instructions for the Reversion 2021 TAA Program
B - Unofficial Version of the Trade Act, incorporating Reversion 2021 Provisions
C - List of Nations for Shift in Production Determinations
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
A. APPLICABLE ADMINISTRATIVE GUIDANCE / REGULATIONS
The TAA Program regulations, codified at 20 CFR 618, apply under Reversion 2021 unless
otherwise directed in this guidance.
Set out below are the applicable regulations and guidance documents that will apply to each
version of the TAA program.
Petition Series Applicable Trade Act Guidance
Amendment
I. TA-W-69,999 and below TAARA (2002 Amendments)1 TEGL No. 11-02 and
Changes 1, 2, and 3;
this TEGL
II. TA-W-70,000 through TGAAA (2009 Amendments)2 TEGL No. 22-08 and
TA- W-79,999 Change 1;
III. TA-W-80,000 through TAARA (2002 Amendments, TEGL No. 11-02 and
TA- W-80,999 under sunset provisions of Changes 1, 2, and 3;
TGAAA) –or- TAAEA (2011 20 CFR 618
Amendments), based on one-
time selection under TAAEA
one-time worker “choice”
provision
IV. TA-W-81,000 through TAAEA (2011 Amendments) 20 CFR 618
TA- W-84,999
V. TA-W-85,000 through TAARA (2015 Amendments) 20 CFR 618
TA-W-97,999
VI. TA-W-98,000 + Reversion 2021 20 CFR 618;
this TEGL
B. GROUP ELIGIBILITY
Under Reversion 2021, limited group eligibility requirements, including petition investigation
criteria (explained below) apply to all petitions for adjustment assistance that are filed on or after
July 1, 2021. Workers whose impacted work is in the service sector will no longer be eligible
under petitions filed on or after July 1, 2021. Furthermore, workers petitioning on or after July 1,
2021, will not be able to access TAA benefits and services prior to separation. Benefits and
services may only be provided for these workers after layoffs occur; Adversely Affected
1
Trade Adjustment Assistance Reform Act of 2002, (TAARA 2002) Pub.L. 107-210.
2
Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA), Pub.L. 111-5.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
Incumbent Workers (AAIW) are not eligible for services under Reversion 2021. There is no
impact for workers certified under petitions filed on or before June 30, 2021. The TAA Program
regulations, codified at 20 CFR 618, apply under Reversion 2021 unless otherwise directed in
this guidance.
TAA Version Manufacturing Services AAIW Shift in
Production /
Secondary
2015 Yes Yes Yes Any Country
Reversion 2021 Yes No No Limited Countries
B.1. Certification Criteria
1. First criterion: A significant number or proportion of the workers in the workers’ firm,
or an appropriate subdivision of such firm, must have become totally or partially
separated or be threatened with total or partial separation.
2. Second criterion: The second criterion is satisfied if either A or B below is true:
A. (i) Sales or production, or both, at the petitioning workers’ firm or subdivision
must have decreased absolutely, and
(ii) Imports of articles like or directly competitive with articles produced by the
petitioning workers’ firm or subdivision have increased, and
(iii) The increase in imports described in (ii) contributed importantly to the
petitioning workers’ separation or threat of separation and to the decline in sales
or production at the firm or subdivision.
B. (i) There has been a shift of production by the petitioning workers’ firm or
subdivision to a foreign country of articles like or directly competitive with the
articles which are produced by the firm or subdivision; and
(ii) One of the following conditions applies:
a. the country to which the workers’ firm has shifted production of the
articles is a party to a free trade agreement with the United States; or
b. the country to which the workers’ firm has shifted production of the
articles is a beneficiary country under the Andean Trade Preference Act,
the African Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
c. there has been or is likely to be an increase in imports of the articles that
are like or directly competitive with articles which are or were produced
by the firm or subdivision.3
B.2. Shift in Production – Changes in Applicable Nations
Under Reversion 2021, worker group eligibility based on the “shift in production” criteria is
limited to petitions where the shift was to certain specified nations noted in B.1. Those nations
3
Note: The term “contributed importantly” as used in these worker eligibility criteria is defined in the Trade Act.
The statutory definitions applicable to eligibility are set out below at the end of subsection B.3. of these instructions.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
are the ones that are, “a party to a free trade agreement with the United States,” or, “a beneficiary
country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the
Caribbean Basin Economic Recovery Act,”4 respectively. Attachment C of this TEGL provides
the list of current eligible shift in production nations as of the date of issuance of this guidance.
B.3. Secondary Workers
Reversion 2021 provides for the certification of secondarily impacted workers; see statutory text
below, from Sec. 222(b) of the Trade Act, as amended, for important definitions of secondary
workers and other terms. Under Reversion 2021, eligibility for downstream producers are
limited to those firms affected by increased imports from or a shift in production to Canada or
Mexico.
Statute:
(b) ADVERSELY AFFECTED SECONDARY WORKERS.—A group of workers
(including workers in any agricultural firm or subdivision of an agricultural firm) shall
be certified by the Secretary as eligible to apply for trade adjustment assistance benefits
under this chapter pursuant to a petition filed under section 221 if the Secretary
determines that—
(1) a significant number or proportion of the workers in the workers’ firm or an
appropriate subdivision of the firm have become totally or partially separated, or
are threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a
firm (or subdivision) that employed a group of workers who received a
certification of eligibility under subsection (a), and such supply or production is
related to the article that was the basis for such certification (as defined in
subsection (c) (3) and (4)); and
(3) either—
(A) the workers’ firm is a supplier and the component parts it supplied to
the firm (or subdivision) described in paragraph (2) accounted for at least
20 percent of the production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm (or subdivision)
described in paragraph (2) contributed importantly to the workers’
separation or threat of separation determined under paragraph (1).
(c) Definitions - FOR PURPOSES OF THIS SECTION.—
(1) The term “contributed importantly” means a cause which is important but not
necessarily more important than any other cause.
(2)(A) Any firm, or appropriate subdivision of a firm, that engages in exploration
or drilling for oil or natural gas shall be considered to be a firm producing oil or
natural gas.
(B) Any firm, or appropriate subdivision of a firm, that engages in
exploration or drilling for oil or natural gas, or otherwise produces oil or
4
See Section 222(a)(2)(B)(ii) (I) and (II) of the Trade Act, as amended.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
natural gas, shall be considered to be producing articles directly
competitive with imports of oil and with imports of natural gas.
(3) DOWNSTREAM PRODUCER.—The term “downstream producer” means a
firm that performs additional, value-added production processes for a firm or
subdivision, including a firm that performs final assembly or finishing, directly
for another firm (or subdivision), for articles that were the basis for a
certification of eligibility under subsection (a) of a group of workers employed by
such other firm, if the certification of eligibility under subsection (a) is based on
an increase in imports from, or a shift in production to, Canada or Mexico.
(4) SUPPLIER.—The term “supplier” means a firm that produces and supplies
directly to another firm (or subdivision) component parts for articles that were
the basis for a certification of eligibility under subsection (a) of a group of
workers employed by such other firm.
Administration:
There are two groups of workers that can be certified as eligible to apply for adjustment
assistance because the workers are secondarily affected – workers who supply
components (upstream) to a firm whose workers are certified (primary), or workers who
perform additional, value-added production and finishing operations (downstream) for a
firm whose workers are certified (primary). A significant change from TAARA 2015 is
that impacts on downstream workers are limited to Canada and Mexico; the remainder of
1 and 2 are unchanged from the current regulations.
1. Upstream workers must directly supply the primary firm. The articles produced
by upstream workers must be directly incorporated into the articles that were the
basis for the certification of the primary firm’s workers. Supplier chains are often
categorized according to “tiers.” Firms in the first tier supply components
directly to the producer of the final product. Firms in the second tier supply
components to firms in the first tier, and so forth. Secondary-worker coverage
applies only to workers employed by firms in the first tier. The components
supplied to the primary firm by the upstream workers must either account for at
least 20 percent of the production or sales of the upstream firm, or the loss of
business with the primary firm by the upstream, firm must have contributed
importantly to the upstream workers’ separations or threat of separations. For
upstream workers to be certified as secondarily affected, the impact on the
primary firm from imports can come from increased imports from any country or
a shift of production to any of the countries that qualify under the shift-of-
production criteria.
2. Downstream workers must directly perform additional, value-added production
processes, including final assembly or finishing, on the products of the primary
firm. Downstream workers can only be certified as secondarily affected if the
workers of the primary firm are certified based on increased imports from Canada
or Mexico or a shift of production to Canada or Mexico. Also, the downstream
workers’ firm must have suffered a loss of business with the primary firm that
contributed importantly to the workers’ separations or threat of separations.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
B.4. Impact of Reversion 2021 on Subpart B of 20 CFR 618
The Reversion 2021 changes identified above mean that some parts of the TAA Program
regulations do not apply or are otherwise impacted by the change in statute. This table
summarizes the impact of Reversion 2021 on group eligibility regulations.
Citation Title Impact of Reversion 2021
618.200 Scope No change.
618.205 Petitions. 618.205(e) no longer applies.
618.210 Investigation. No change.
618.215 Public hearings. No change.
618.220 Use of subpoena. No change.
618.225 Criteria for certification of a group of workers. Certifications based on shift in
production limited. No
automatic certifications for
International Trade
Commission (ITC)
determinations. Service sector
worker groups ineligible.
618.230 Evidence. No change.
618.235 Determinations. No change.
618.240 Termination of certifications. No change.
618.245 Reconsideration of termination of an No change.
investigation, denial, or termination or partial
termination or certification.
618.250 Amendments of certifications. No change.
618.255 Judicial review of determinations. No change.
618.260 Study regarding certain affirmative No change.
determinations by the Commission.
618.265 Availability of information to the public. No change.
C. TRADE READJUSTMENT ALLOWANCES (TRA)
TRA eligibility and subsequent benefits available under the TAARA 2015 are generally
extended into Reversion 2021. The maximum number of weeks of income support for
adversely affected workers (AAW) is 130. Due to the complexity related to TRA,
requirements for Reversion 2021 are explained below in detail. The TAA Program
regulations, codified at 20 CFR 618, apply under Reversion 2021 unless otherwise
directed in this guidance.
C.1. Eligibility for TRA – Enrollment in TAA Training Deadlines
Reversion 2021 requires that the AAW be enrolled in TAA training by the TAARA 2002
deadlines. These deadlines require enrollment no later than the later of: 1) last day of the
8th week following the date in which the certification covering the AAW was issued by the
Secretary, or 2) the 16th week following the day in which the AAW was most recently
totally separated from adversely affected employment.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
Statute: Under Reversion 2021, section 231(a)(5)(A) of the Trade Act reads:
(5) Such worker
(A)(i) is enrolled in a training program approved by the
Secretary under Section 236(a) of this title, and
(ii) the enrollment required under clause (i) occurs no later than the latest of
(I) the last day of the 16th week after the worker’s most recent total
separation from adversely affected employment which meets the
requirements of paragraphs (1) and (2),
(II) the last day of the 8th week after the week in which the Secretary
issues a certification covering the worker,
(III) 45 days after the later of the dates specified in subclause (I) or (II), if
the Secretary determines that there are extenuating circumstances
that justify an extension in the enrollment period, or
(IV) the last day of a period determined by the Secretary to be
approved for enrollment after the termination of a waiver issued
pursuant to subsection (c).
Administration: Under Reversion 2021, AAWs must be enrolled in training or have been
issued a waiver from training by certain deadlines to be eligible for TRA. These deadlines
apply for eligibility for Basic TRA – which then impacts Additional TRA and Completion
TRA. A State may extend the enrollment deadlines by 45 days where the State determines
that there are extenuating circumstances justifying the extension.
“Extenuating circumstances,” continue to be situations beyond the AAW’s
control. This includes situations where training programs are abruptly cancelled
as well as where the AAW suffers injury or illness preventing enrollment or
participation in training, as described in 20 CFR 618.730.
“Enrolled in training” continues to mean that the AAW’s application for training has
been approved by the State and that the training institution has furnished written
notice to the State that the AAW has been accepted into the approved program,
which is to begin within 30 days of such approval, as described in 20 CFR 618.110.
C.1.1. Eligibility for Additional TRA Requires an Application for TAA
Training within 210 days
Under Reversion 2021, AAWs must apply for TAA training within 210 days for
Additional TRA, as provided under TAARA 2002. Reversion 2021 requires that an
AAW file a bona fide application for TAA training within 210 days after the date the
AAW is first certified as eligible to apply for TAA or, if later, within 210 days after
the date of the AAW’s total or partial separation.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
C.1.2. Training Benchmarks to Meet Completion TRA Eligibility Requirements
The training benchmark requirements must be applied to Completion TRA under
Reversion 2021. All Completion TRA provisions in 20 CFR 618 continue to apply.
C.1.3. Maximum Number of Weeks of TRA and Duration
Under Reversion 2021, the maximum number of weeks of TRA for which an AAW
may be eligible is 130 weeks.
Basic TRA
The maximum amount of Basic TRA payable is 52 multiplied by the individual’s
weekly benefit amount (WBA) during the first Unemployment Insurance (UI)
benefit period following the TRA qualifying separation. This maximum amount of
Basic TRA payable is reduced by the amount of the AAW’s full UI entitlement (or
the amount the AAW would have been entitled if the AAW had applied) in the first
benefit period, as described in 20 CFR 618.750. Basic TRA is payable to AAWs
who are enrolled in or participating in TAA-approved training, or who completed
TAA training following a qualifying separation, or have received a timely waiver of
the training requirement as described below in Section C.4. An AAW who does not
meet the eligibility criteria for Basic TRA is not eligible for Additional TRA or
Completion TRA either.
Additional TRA
Additional TRA is payable for up to 65 weeks after exhaustion of Basic TRA.
Additional TRA is payable in the 78 week period that follows the last week of
entitlement to Basic TRA or beginning with the first week of approved TAA training
if the training begins after the last week of entitlement to Basic TRA, as described in
20 CFR 618.760.
Completion TRA
Completion TRA is payable for up to 13 weeks to assist an AAW in completing
TAA training after exhaustion of Additional TRA. Completion TRA is payable
during a 20 consecutive week eligibility period that begins with the first week in
which the training participant files a claim for Completion TRA and seeks
compensation for such given week. The 20 consecutive week eligibility period to
receive up to 13 weeks of Completion TRA allows for the flexibility of a break in
training of up to 7 weeks, but no more, as explained in 20 CFR 618.765.
C.2. Weeks of Additional TRA
The TAAEA 2011 changed the maximum number of available weeks of Additional TRA
to 65 weeks. TAARA 2015 includes the 65 weeks of Additional TRA as well. Reversion
2021 also retains this change to 65 weeks.
Statute: Under Reversion 2021, section 233(a)(3) of the Trade Act provides:
(3) Notwithstanding paragraph (I), in order to assist the adversely affected
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
worker to complete a training program approved for the worker under section 236,
and in accordance with regulations prescribed by the Secretary, payments may be
made as trade readjustment allowances for up to 65 additional weeks in the 78-week
period that --
(A) follows the last week of entitlement to trade readjustment allowances
otherwise payable under this chapter; or
(B) begins with the first week of such training, if such training begins after
the last week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such 78-week
period during which the individual is participating in such training
Administration: Under the TAARA 2015, a maximum of 65 weeks of Additional
TRA were available to assist the AAW to complete TAA training, which was
payable to AAWs over a 78 consecutive calendar week eligibility period. Under
Reversion 2021, these provisions continue to apply and the AAW must actually be
participating in TAA training during the weeks in order for the AAW to be eligible
to receive Additional TRA.
C.3. Availability of Completion TRA
Reversion 2021 retains Completion TRA. Up to 13 weeks are available to assist an AAW
to complete TAA training after exhausting the maximum amount payable of Additional
TRA.
Statute: Under Reversion 2021, section 233(g) of the Trade Act provides:
(g) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COMPLETE
TRAINING.— Notwithstanding any other provision of this section, in order to assist
an adversely affected worker to complete training approved for the worker under
section 236 that leads to the completion of a degree or industry-recognized
credential, payments may be made as trade readjustment allowances for not more
than 13 weeks within such period of eligibility as the Secretary may prescribe to
account for a break in training or for justifiable cause that follows the last week for
which the worker is otherwise entitled to a trade readjustment allowance under this
chapter if—
(1) payment of the trade readjustment allowance for not more than 13 weeks is
necessary for the worker to complete the training;
(2) the worker participates in training in each such week; and
(3) the worker—
(A) has substantially met the performance benchmarks established as part of the
training approved for the worker;
(B) is expected to continue to make progress toward the completion of the
training; and
(C) will complete the training during that period of eligibility.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
Administration: Under TAARA 2015, an AAW who has exhausted the maximum
65 weeks of Additional TRA and who requires a longer period of income support to
complete an approved training program and who meets training benchmarks may be
eligible to receive up to 13 weeks of Completion TRA, as described in 20 CFR
618.710. Reversion 2021 retains this benefit and it continues to be available under
the same conditions. Completion TRA is payable after exhaustion of Additional
TRA, provided the individual meets all other eligibility requirements of the Act, as
amended, and will be governed by the applicable provisions of 20 CFR 618.765.
The five eligibility criteria for Completion TRA are unchanged and remain as
follows: 1) the requested weeks are necessary for the AAW to complete a training
program that leads to completion of a degree or industry-recognized credential; 2) the
AAW is participating in training in each such week; 3) the AAW has substantially
met the performance benchmarks established in the approved training plan; 4) the
AAW is expected to continue to make progress towards the completion of approved
training; and, 5) the AAW will complete training during the period authorized for
receipt of Completion TRA.
C.4. Waivers of the Training Requirement
Waivers of the training requirement apply to eligibility for Basic TRA only. Reversion
2021 retains the three waivers available under TAARA 2015. States may continue to issue
waivers based on the following: 1) Health, 2) Enrollment Unavailable, and 3) Training Not
Available.
Statute: Under Reversion 2021, section 231(c) of the Trade Act of 1974 (19 U.S.C. § 2291),
Waivers of Training Requirements, reads:
(C) WAIVERS OF TRAINING REQUIREMENTS.—
(1) ISSUANCE OF WAIVERS—The Secretary may issue a written statement to
an adversely affected worker waiving the requirement to be enrolled in training
described in subsection (a)(5)(A) of this section if the Secretary determines that it
is not feasible or appropriate for the worker, because of 1 or more of the following
reasons:
(A) HEALTH—The worker is unable to participate in training due to the
health of the worker, except that a waiver under this subparagraph shall not be
construed to exempt a worker from requirements relating to the availability for
work, active search for work, or refusal to accept work under Federal or State
unemployment compensation laws.
(B) ENROLLMENT UNAVAILABLE.—The first available enrollment date
for the approved training of the worker is within 60 days after the date of the
determination made under this paragraph, or, if later, there are extenuating
circumstances for the delay in enrollment, as determined pursuant to guidelines
issued by the Secretary.
(C) TRAINING NOT AVAILABLE—Training approved by the Secretary is
not reasonably available to the worker from either governmental agencies or
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
private sources (which may include area vocational education schools, as
defined in section 3 of the Carl A. Perkins Vocational and Technical Education
Act of 1998 (20 U.S.C. 2302), and employers), no training that is suitable for the
worker is available at a reasonable cost, or no training funds are available.
Administration: Basic TRA is only payable if an individual is enrolled in TAA
approved training, participating in TAA approved training, has received a waiver of
the requirement to participate in training, or has completed TAA approved training.
Waivers available under Reversion 2021 are explained in 20 CFR 618.735.
States may not waive the enrollment in training requirement after the deadlines
have passed. After a termination or expiration of a waiver, AAWs must be
enrolled in training by the Monday of the first week occurring 30 days after the
date on which the waiver terminated, as explained in 20 CFR 618.725.
C.5. Limitations on TRA
Basic TRA may be payable only during the 104-week period beginning with an AAW’s
most recent total qualifying separation from adversely affected employment. States must
apply this eligibility period under Reversion 2021.
Statute: Under Reversion 2021, section 233 of the Trade Act reads, in pertinent part:
(a)(2) A trade readjustment allowance shall not be paid for any week occurring after
the close of the 104-week period that begins with the first week following the week in
which the adversely affected worker was most recently totally separated from
adversely affected employment--…
(a)(3) Notwithstanding paragraph (1), in order to assist the adversely affected
worker to complete training approved for him under section 236, and in accordance
with regulations prescribed by the Secretary, payments may be made as trade
readjustment allowances for up to 65 additional weeks in the 78-week period that…
(g) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COMPLETE
TRAINING.—Notwithstanding any other provision of this section, in order to assist
an adversely affected worker to complete training approved for the worker under
section 236 that leads to the completion of a degree or industry-recognized
credential, payments may be made as trade readjustment allowances for not more
than 13 weeks within such period of eligibility as the Secretary may prescribe to
account for a break in training or for justifiable cause that follows the last week for
which the worker is otherwise entitled to a trade readjustment allowance under this
chapter if… [see benchmarks at D.1.]
Administration: The 104-week eligibility period for Basic TRA begins with the
first week following the week in which the AAW was most recently totally
separated from adversely affected employment within the period covered by the
certification. This period is fixed unless the AAW has experienced a subsequent
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
total qualifying separation within the certification period,
o The 78-week eligibility period for Additional TRA is fixed and begins with the
week that follows the last week of entitlement to Basic TRA or beginning with
the first week of approved TAA training if the training begins after the last week
of entitlement to Basic TRA,
o The 20-week eligibility period for Completion TRA is fixed and begins with
the first week in which the training participant files a claim for Completion
TRA and seeks compensation for such given week, as explained in 20 CFR
618.765.
C.6. Elimination of Special Rules for Calculating Separations and Applying Deadlines
The TGAAA 2009 introduced and TAAEA 2011 extended – under Section 234(b) of the
Trade Act, as amended – certain special rules and provisions, as described below, that
impact timeframes for TRA eligibility. Reversion 2021 does not include these special rules
on calculating separations and applying deadlines.
C.6.1. Elimination of Federal and State Good Cause Provisions for Waiving
Certain Time Limits / Equitable Tolling
Reversion 2021 eliminates the “good cause” provisions that allowed a State to waive
deadlines for enrolling in training or applying for TRA benefits. This means that 20
CFR 618.730 does not apply under Reversion 2021.
While these statutory waiver provisions are no longer available, States may continue
to apply the doctrine of Equitable Tolling, consistent with the regulations at 20 CFR
618.888, to extend benefit deadlines in egregious circumstances.
C.6.2. Elimination of Special Rule for Judicial or Administrative Appeal
Reversion 2021 eliminates the Special Rule established by TGAAA 2009 that
allowed for the 104-week eligibility period for Basic TRA to begin with the week
following the week in which the certification was issued in cases where a judicial or
administrative appeal delayed the certification. This means that 20 CFR 618.755(b)
does not apply under Reversion 2021.
The 104-week eligibility period for Basic TRA begins with the first week following
the week in which the AAW was most recently totally separated from adversely
affected employment within the period covered by the certification. If the 104-week
eligibility period expires before a certification is issued under Reversion 2021 and
the delay is the result of a judicial or administrative appeal, the eligibility period will
not automatically begin with the date of certification. Instead, under Reversion 2021,
the 104-week period begins the first week following the week in which the adversely
affected worker was most recently totally separated from adversely affected
employment.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
C.6.3. Elimination of Justifiable Cause to Extend the Eligibility Period
Reversion 2021 eliminates the Special Rule at Sec. 233(h) of TAARA 2015 that
allowed for the extension of the period in which an AAW could receive Basic TRA
and Additional TRA for justifiable cause. This means that 20 CFR 618.770 does not
apply and no extension for justifiable cause is available under Reversion 2021.
C.6.4. Elimination of the Special Rule for Military Service
Reversion 2021 eliminates the Special Rule for Military Service at Sec. 233(i) of
TAARA 2015 that allowed States to extend any deadlines for any TAA benefit if the
AAW’s military service precluded meeting such deadlines. This means that 20 CFR
618.884 does not apply and no extension of deadlines due to military services is
available under Reversion 2021. This also means that the training duration exception
at 20 CFR 618.615(d)(4) does not apply under Reversion 2021.
C.7. The First Week of TRA Eligibility is Changed
Reversion 2021 eliminates the requirement that the first week of TRA eligibility is the first
week following the TAA certification date. Under Reversion 2021, the first week of TRA
eligibility is the week that begins more than 60 days after the date on which the petition
that resulted in such certification was filed.
Statute: Under Reversion 2021, Sec. 231(a) of the Trade Act will read, in part:
(a) Payment of a trade readjustment allowance shall be made to an adversely
affected worker covered by a certification under subchapter A who files
an application for such allowance for any week of unemployment which
begins more than 60 days after the date on which the petition that
resulted in such certification was filed under section 221…
Administration: Reversion 2021 reinstates the requirement that the first week of
TRA eligibility is the one that begins more than 60 days after the date when the
petition covering the AAW was filed. AAWs who have exhausted their UI
entitlement before 60 days following the filing of a petition will have to wait up to
60 days from the petition filing date to be eligible to receive TRA. This does not
change 20 CFR 618.715(d)(1) through (3) as promulgated, but does add the
additional restriction on timing of first payments.
C.8. Elimination of the Earnings Disregard up to the TRA Weekly Benefit Amount (WBA)
Reversion 2021 eliminates the earnings disregard up to the TRA WBA when the AAW is
participating in full-time TAA training while working.
Statute: Under Reversion 2021, Secs. 232(a)(1) and (2) of the Trade Act will read:
(a) Subject to subsections (b), and (c), the trade readjustment allowance
payable to an adversely affected worker for a week of total unemployment
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
shall be an amount equal to the most recent weekly benefit amount of the
unemployment insurance payable to the worker for a week of total
unemployment preceding the worker’s first exhaustion of unemployment
insurance (as determined for purposes of section 231(a)(3)(B) reduced (but
not below zero) by—
(1) any training allowance deductible under subsection (c); and
(2) income that is deductible from unemployment insurance under
the disqualifying income provisions of the applicable State law
or Federal unemployment insurance law.
Administration: Section 232(a) establishes the weekly amount of TRA an AAW
may receive. Section 232(a)(2) requires the deduction from that weekly amount of
all income that is deductible from UI under the disqualifying income provisions of
State or Federal UI law. There is no TRA-specific earnings disregard under
Reversion 2021. Applicable State law applies. This partially impacts the
regulations at 20 CFR 618.745(c)(1), as they implement the earnings disregard
under TAARA 2015.
C.9. Elimination of the Election of TRA or Unemployment Insurance
Reversion 2021 eliminates the option to file for TRA or UI in a subsequent benefit period.
This option was provided under TAARA 2015, but no longer applies under Reversion
2021. Therefore, all TRA requires the exhaustion of all of the AAW’s UI entitlement.
Statute: Under Reversion 2021, section 231(a)(3) of the Trade Act will provide that TRA
eligibility is available if:
(3) Such worker--
(A) was entitled to (or would be entitled to if he applied therefor)
unemployment insurance for a week within the benefit period (i) in which
such total or partial separation took place, or (ii) which began (or would
have begun) by reason of the filing of a claim for unemployment
insurance by such worker after such total or partial separation;
(B) has exhausted all rights to any unemployment insurance to
which he was entitled (or would be entitled if he applied
therefor); and
(C) does not have an unexpired waiting period applicable to him for
any such unemployment insurance.
Administration: Reversion 2021 reinstates the absolute requirement that all UI
entitlement must be exhausted before the payment of any TRA. This includes
Basic TRA, Additional TRA, and Completion TRA. There is no TRA election
provision under Reversion 2021. This means that the provisions at 20 CFR
618.720(e)(2) through (6) do not apply under Reversion 2021.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
C.10. Waiver of Recovery of TAA Overpayments
Reversion 2021 significantly revises the waiver of overpayment rules established at 20
CFR 618.832.
Statute: Under Reversion 2021, Sec. 243(a) of the Trade Act will read:
(a)Repayment; deductions
(1) If a cooperating State agency, the Secretary, or a court of competent
jurisdiction determines that any person has received any payment under this part
to which the person was not entitled, including a payment referred to in subsection
(b), such person shall be liable to repay such amount to the State agency or the
Secretary, as the case may be, except that the State agency or the Secretary may
waive such repayment if such agency or the Secretary determines, in accordance
with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would be contrary to equity and good
conscience.
(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1),
the State agency or the Secretary shall recover the overpayment by deductions
from any sums payable to such person under this part, under any Federal
unemployment compensation law administered by the State agency or the
Secretary, or under any other Federal law administered by the State agency or the
Secretary which provides for the payment of assistance or an allowance with
respect to unemployment, and, notwithstanding any other provision of State law or
Federal law to the contrary, the Secretary may require the State agency to recover
any overpayment under this chapter by deduction from any unemployment
insurance payable to such person under the State law, except that no single
deduction under this paragraph shall exceed 50 percent of the amount otherwise
payable.
Administration: There are two significant changes impacting waiver of repayment
of overpayments of TRA. First, Reversion 2021 changes the, “must waive,”
provision to, “may waive.” Second, it reestablishes the previous standard, from
TAARA 2002, for determining whether to waive repayment where requiring
repayment, “would be contrary to equity and good conscience.” Under Reversion
2021, a State may waive repayment if it determines that the payment was made
without fault of the person or individual and that requiring repayment would be
contrary to equity and good conscience. The remainder of 20 CFR 618.832 remains
in place and applicable under Reversion 2021.
C.11. Impact of Reversion 2021 on Subpart G of 20 CFR 618
The Reversion 2021 changes above mean that some parts of the TAA Program regulations
related to TRA do not apply or are otherwise impacted by the changes in statute. This table
summarizes the impact of Reversion 2021 on TRA.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
Citation Title Impact of Reversion 2021
618.700 Scope No change.
618.705 Definitions. No change.
618.710 Categories of Trade Readjustment Allowances. No change.
618.715 Applications for Trade Readjustment Adds a 60-day waiting period
Allowances and payment. after a petition is filed before
TRA can be paid.
618.720 Qualifying requirements for Basic Trade No election provision. Sections
Readjustment Allowances. 618.720(e)(2) – (5) do not
apply.
618.725 Training enrollment deadlines. 8 weeks from certifications OR
16 weeks from separation
No exception to deadlines for
military service. No exceptions
for good cause.
618.730 Good cause Good cause not applicable.
Definition used for justifiable
cause and extenuating
circumstances.
618.735 Waiver of training requirement for Basic Trade No change.
Readjustment Allowances.
618.740 Evidence of qualification for Basic, Additional, No change.
and Completion Trade Readjustment
Allowances.
618.745 Weekly amounts of Basic, Additional, and Reverts to applicable State law.
Completion Trade Readjustment Allowances.
618.750 Maximum amount of Basic Trade Readjustment No change.
Allowances.
618.755 Eligibility period for Basic Trade Readjustment No extension for judicial or
Allowances. administrative appeals.
618.755(b)(2) does not apply.
618.760 Qualifying requirements for, and timing and No change.
duration of, Additional Trade Readjustment
Allowances.
618.765 Qualifying requirements for, and timing and No change.
duration of, Completion Trade Readjustment
Allowances.
618.770 Special rule for justifiable cause Does not apply.
618.775 Payment of TRA during breaks in training No change.
618.780 Disqualifications Payment of TRA while in part-
time training is allowable.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
D. TRAINING
The regulations, codified at 20 CFR part 618, governing training apply to Reversion 2021 unless
otherwise indicated here.
Reversion 2021 applies requirements similar to the more limited TAARA 2002 program to
AAWs certified under petitions filed on or after July 1, 2021. Training may continue to be
approved on a full-time or part-time basis as allowed under 20 CFR 618.615(b).
Reversion 2021 does not permit providing services to Adversely Affected Incumbent Workers
(AAIW). Therefore, certified AAWs may not begin approved training until they have been
totally or partially separated from adversely affected employment.
Under Reversion 2021, insofar as possible, States shall provide or assure the provision of such
training through work-based training.
D.1. Establishing Training Benchmarks to Meet Completion TRA Eligibility Requirements
The requirements for Completion TRA and related benchmarks are unchanged under Reversion
2021. For more details about these training benchmark requirements, see 20 CFR 618.660.
For AAWs covered under Reversion 2021, only TAA administrative funds are available to
establish training benchmarks and track the AAW’s progress. States must rely on State
programs or other partner programs to provide case management services. Refer to Section G of
this document for further guidance on employment and case management services.
D.2. Length of Training
Under Reversion 2021, the maximum length of training is 130 weeks, subject to the two
exceptions below.
D.2.1. On-the-Job Training
Under Reversion 2021, the maximum duration limit of 104-weeks for OJT at
618.635(a)(3)(ii) continues to apply. There are no changes to OJT under Reversion 2021.
D.2.2. Apprenticeship
Apprenticeship remains an allowable form of training under the Reversion 2021 TAA
Program. The regulations at 618.635(c)(1) limiting the period of reimbursement for the
work-based learning portion of an apprenticeship to 130-weeks continues to apply under
Reversion 2021. The related instruction of an apprenticeship may continue to be
supported by the TAA Program for the entire duration of the apprenticeship. There are no
changes to apprenticeship under Reversion 2021.
D.3. Part-Time Training
Reversion 2021 does not explicitly prohibit part-time training. During previous program
reversions, it was the regulations at 20 CFR 617 that prohibited part-time training, not the
various versions of the Trade Act. Under Reversion 2021, participants may be enrolled in full-
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
time or part-time training – as provided in 20 CFR 618.615(b). Unlike TAARA 2015,
participants enrolled in part-time training remain otherwise eligible for TRA. However,
because Reversion 2021 does not contain the “earnings disregard” provision, any wages earned
by participants in part-time training will likely negatively affect their TRA benefits.
D.4. Impact of Reversion 2021 on Subpart F of 20 CFR 618
The Reversion 2021 changes above mean that some parts of the TAA Program regulations
related to TAA approved training do not apply or are otherwise impacted by the changes in
statute. This table summarizes the impact of Reversion 2021 on TAA approved training.
Citation Title Impact of Reversion 2021
618.600 Scope AAIWs are not eligible for services.
618.605 General procedures States are still required to provide
initial assessments. However,
comprehensive and specialized
assessments may only be provided
by partner programs.
618.610 Criteria for approval of training No change.
618.615 Limitations on Training Approval TRA is payable during part-time
training but may be reduced based
on an individual’s income.
Exception for Uniformed Services
does not apply.
618.620 Selection of training program. Work-based learning is the preferred
method of training.
618.625 Payment restrictions for training programs No change.
618.630 Training of reemployed trade-affected No change.
workers
618.635 Work-based training AAWs in OJT or apprenticeship are
not eligible for ATAA. AAIWs no
longer eligible for services.
618.640 Supplemental assistance No change.
618.645 Voluntary withdrawal from a training No change.
program
618.650 State standards and procedures for No change.
establishing reasonable cost of training
618.655 Training for adversely affected incumbent Does not apply. AAIWs are not
workers eligible for services.
618.660 Training benchmarks No change.
618.665 Amending approved training No change.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
E. JOB SEARCH ALLOWANCES
Under Reversion 2021, all of the Job Search Allowance provisions at 20 CFR 618, Subpart D,
continue to apply. The maximum benefit for Job Search Allowances is $1,250. The TAA
Program will still cover 90 percent of allowable costs up to that amount. The Federal Travel
Regulations still apply. There are no changes from TAARA 2015.
F. RELOCATION ALLOWANCES
Under Reversion 2021, all of the Relocation Allowance requirements at 20 CFR 618, Subpart D,
continue to apply. The maximum lump sum payment for Relocation Allowances is $1,250. The
TAA Program will still cover 90 percent of allowable costs associated with a relocation, in
addition to the lump sum payment. The Federal Travel Regulations still apply. There are no
changes from TAARA 2015.
G. EMPLOYMENT AND CASE MANAGEMENT SERVICES /
COORDINATION WITH PARTNER PROGRAMS
Under Reversion 2021, training and other activities (TaOA) funds may not be used to provide
Employment and Case Management Services to AAWs covered under petitions filed on or after
July 1, 2021, with the exception of the initial assessment required under 20 CFR 618.330 and
618.335. For AAWs covered under Reversion 2021, the Trade Act requires States to, “make
every reasonable effort,” to secure for adversely affected workers counseling, testing, and
placement services, and supportive and other services, provided for under any other Federal law,
including the services provided through American Job Center delivery systems described in
section 134(c) of the Workforce Innovation and Opportunity Act 29 U.S.C. 3174(2)(A).
Because section 235 of the Trade Act for Reversion 2021 only requires States to make every
reasonable effort to provide these services and does not authorize the use of TAA funds for these
services, the Department’s longstanding position is that States may not use TAA funds to
provide employment and case management services. Therefore, States must coordinate the
provision of such services through its other programs such as the Wagner-Peyser Act
Employment Services and the WIOA dislocated worker program, including programs supported
by National Dislocated Worker Grants (DWG).
The requirement to co-enroll TAA Program participants who are eligible for the WIOA
dislocated worker program continues to apply under Reversion 2021. (See 20 CFR 618.325.)
DWGs, as described in Sec. 170 of WIOA, are also available to States to provide these services.
Initial assessments during the intake process are still required during Reversion 2021.
Regulations at 20 CFR 618.330 require States to conduct an assessment that, “forms the basis for
determining which TAA Program benefits and services, including training, are appropriate,” to
help an AAW become re-employed. Section 20 CFR 618.335 requires States to conduct an
initial assessment for each AAW as part of the intake process described in section 239(g) of the
Act. Since these activities are required under Section 239 of the Act, and provide the basis for
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
determinations of training suitability and availability under Section 236 of the Act, States may
use TAA funds to pay for the costs of providing an initial assessment.
G.1. Impact of Reversion 2021 on Subpart C of 20 CFR 618
The Reversion 2021 changes above mean that some parts of the TAA Program regulations
related to the provision of employment and case management services do not apply or are
otherwise impacted by the changes in statute. This table summarizes the impact of Reversion
2021 on employment and case management services under the TAA Program.
Citation Title Impact of Reversion 2021
618.300 Scope. No longer applies.
618.305 The Trade Adjustment Assistance Program as a No change.
one-stop partner.
618.310 Responsibilities for the delivery of employment 618.325(a) and (b) still apply.
and case management services.
618.325 Integrated service strategies and Workforce No change.
Innovation and Opportunity Act co-enrollment.
618.330 Assessment of trade-affected workers. No change; States are still
required to provide an initial
assessment.
618.335 Initial assessment of trade-affected workers. No change; Initial assessments
still required under Reversion
2021.
618.345 Comprehensive and specialized assessment of States may not use TaOA funds
trade-affected workers. to provide comprehensive and
specialized assessments. ETA
strongly recommends
coordinating with other State
programs and partner programs
to provide these assessments.
618.350 Individual employment plans for trade-affected No longer required, but
workers. strongly recommended. Can
only be funded by other State
programs or partner programs.
618.355 Knowledge, skills, and abilities of staff Staff providing initial
performing assessments. assessments must have the
knowledge, skills, and abilities
identified in this section.
Training of staff providing
initial assessments may be
provided using TAA
administrative funds or partner
programs. States may not use
TAA funds to provide
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
comprehensive and specialized
assessments.
618.360 Employment and case management services for No longer required, but
trade-affected workers in training. strongly encouraged. Can only
be funded by other State
programs or partner programs.
H. ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE (ATAA)
Under Reversion 2021, ATAA replaces the Reemployment Trade Adjustment Assistance
(RTAA) benefit for older workers. All previous guidance on ATAA has been rescinded. The
regulations, codified at 20 CFR part 618, apply to Reversion 2021 unless otherwise directed
here.
H.1. Petition Process
AAWs who seek the benefits and services available under the ATAA program must file a regular
TAA petition which includes a request that the worker group be considered for eligibility to
apply for the ATAA program. A revised Petition for Trade Adjustment Assistance will be
available on July 1, 2021. Under the revised form, all worker groups will automatically be
considered for ATAA.
H.2. Investigation Process
In order to establish that petitioning AAWs are eligible to apply for the ATAA program, DOL
must first determine that all of the criteria for a regular TAA certification are met. In addition,
DOL must find that three additional criteria are met for ATAA certification. These additional
criteria are:
1. A significant number of the group of workers in the petitioning workers’ firm are 50
years of age or older;
2. The group of workers in the petitioning workers’ firm possess job skills that are not
easily transferable to other employment; and
3. The competitive conditions within the affected workers’ industry are adverse.
Obtaining data and other information necessary to determine that all three of these criteria are
satisfied will be part of the normal petition investigation process.
For criterion 1, information will be obtained by communication with the appropriate company
official from the subject firm as part of the petition investigation. For this purpose, the term
“significant number” means five percent of the adversely affected workforce or 50 workers,
whichever is less, or at least three workers in a firm with less than 50 adversely affected workers.
For criterion 2, the necessary information will also be obtained through communication with the
appropriate company official at the subject firm. Specifically, the company official will be asked
to confirm that the worker group for whom a petition has been filed possesses job skills that are
not easily transferable to other employment, with a focus on what skills the worker possesses.
Should the company official be unable to provide information as to whether the skills are easily
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
transferable, the State (e.g., Rapid Response or other appropriate unit) will be asked to furnish
the assessment.
For criterion 3, information will be collected from government and industry association sources
as part of the petition investigation process. Specifically, the information collected will be used
to determine if: (a) the number of firms in the industry is declining; or (b) the conditions (such
as declining production and/or employment) in the industry are such that the affected workers are
not likely to find new employment within the industry; or (c) aggregate U.S. imports of products
like or directly competitive with those produced in the industry are increasing.
H.3. Determinations
The determination document issued at the conclusion of the investigation will clearly state
whether or not the petitioning group of workers are eligible to apply for the ATAA program.
This statement will appear directly after the statement of eligibility to apply for the regular TAA
Program. Determinations of eligibility to apply for ATAA and for TAA, reached under the same
petition, will be issued together in the same determination document. Determinations of
eligibility to apply for TAA and for ATAA, issued under the same petition, will apply to the
same identifiable worker group.
H.4. Receipt of ATAA Prohibits Access to TRA, Training Benefits, and Job Search
Allowances
After the issuance of a certification of eligibility to apply for TAA and ATAA and when the
adversely affected worker is fully informed of the benefits and services available under the TAA
and ATAA programs, the AAW will need to consider the choice of benefits and services under
one program or the other. Unlike RTAA, ATAA represents a choice between training and the
wage insurance benefit. If the AAW’s preferred option is the ATAA program, the AAW should
be encouraged to take advantage of reemployment services and assistance available to them with
the goal of returning to work within 26 weeks of their qualifying separation in order to be
eligible for ATAA. In making this choice, AAWs should avail themselves of assistance from
career counselors at their local American Job Center.
H.5. Individual Eligibility
To be eligible for ATAA, an adversely affected worker must meet the following conditions:
1. Be at least age 50. The individual’s age can be verified with a driver’s license, birth
certificate, or other appropriate documentation. A worker denied by virtue of being
49 years old at initial reemployment, may reapply when they turn 50 years old.
However, the worker must reach age 50 by the last day of the 26th week described in
2. below.
2. Obtain reemployment by the last day of the 26th week after the worker’s qualifying
separation from the adversely affected employment. This reemployment may be
verified with a copy of the job offer letter or a check stub. The worker must obtain
reemployment by the last day of the 26th week after the worker’s qualifying
separation from TAA/ATAA certified employment. This means that the worker’s
first day of employment must have occurred during the 26-week period.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
3. Must not be expected to earn more than $50,000 annually in gross wages from the
reemployment. If a paycheck has not been issued at the time of application, the
employer must submit a supporting statement indicating that annual wages will not
exceed $50,000. If the individual is issued a determination denying eligibility for an
ATAA wage supplement based on the first reemployment because the reemployment
did not meet the conditions to qualify for an ATAA wage supplement, and if the
individual is subsequently separated and finds a new job that does meet the conditions
for ATAA, then a new ATAA application will have to be submitted. In this case,
since the first reemployment did not qualify the individual for ATAA it cannot be
used to establish qualifying reemployment within 26 weeks. Therefore, the
subsequent full-time employment must occur within the 26 weeks from the qualifying
separation to be considered for the ATAA subsidy.
4. Be reemployed full-time as defined by the State law where the worker is employed.
The verification will be conducted in the same manner as is used for determining UI
benefits. The agent State and liable State responsibilities at 20 CFR 618.824 continue
to apply.
5. Cannot return to the employment from which the worker was separated. Thus, the
worker cannot return to the same division/facility that they were separated from nor
can the worker do the same or similar work for the employer that they were separated
from in another division/facility.
The worker’s application for ATAA must be filed within two years of the first day of qualifying
reemployment. For purposes of this application, and in order to establish the ATAA payment,
wages at separation are defined as the annualized hourly rate at the time of the most recent
separation, which is set forth in Section H.7. of this TEGL, “ATAA Payments.” Wages at
reemployment are defined as the annualized hourly rate at the time of reemployment, which is
also set forth in Section H.7. This is unchanged from the regulations at 20 CFR 618.520. In
addition, the worker must indicate that a “choice” has been made and that the worker
understands that they cannot subsequently switch to the TAA program once the worker begins
receiving the ATAA supplement. Receipt of the initial ATAA payment represents the
individual’s decision with respect to choosing ATAA and voids the participant’s rights to
retraining, allowances and TRA. Correspondingly, once a worker has enrolled in training, they
forfeit their right to ATAA participation.
The State will issue a written determination informing the ATAA applicant of eligibility for
ATAA payments within 5 working days of receiving the worker’s application for such benefits.
If approved, the State will also notify the appropriate State payment unit and other appropriate
component offices within the State. The ATAA applicant has the right to appeal a State
determination which denies ATAA benefits in the same manner as provided for in State law for
TRA determinations.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
For purposes of ATAA, the eligibility determination date, which establishes the two-year period
during which ATAA benefits can be paid, will be the date of the first qualifying reemployment.
H.6. Continuing Eligibility
Once approved for ATAA, workers who continue to meet the eligibility criteria are paid ATAA
benefits until a total of $10,000 in benefits has been received, or a period of two years has
elapsed since their first qualifying reemployment, whichever occurs first. Nothing in the statute
precludes an individual from working for different employers within this two-year period.
Further, employment is not required to be consecutive. However, an AAW already receiving
ATAA payments who has a period of unemployment will not be eligible to receive ATAA for
that period, as provided in 20 CFR 618.515(a)(2). Changes in employment that do not
encompass a period of unemployment will be handled during the State’s ongoing review of each
worker’s ATAA status, as described below. In the event of a period of unemployment, workers
will need to complete a new individual application for ATAA upon reemployment. The worker
would be eligible for the remaining ATAA benefits to which they are entitled. The two-year
eligibility period continues to run from the date of first qualifying reemployment.
In the event a worker has more than one job, the employment must, at a minimum, meet the
definition of full-time work as defined by State law. If additional job(s) are obtained, the wages
from this employment will be included in the calculation to determine whether the worker is
expected to reach the $50,000 annual limit for reemployment wages.
If the individual is determined to be eligible for ATAA, the State will need to assess continuing
eligibility for the ATAA program. The worker will need to provide verification of employment
and wages that will be used to determine continuing eligibility for ATAA benefits on at least a
monthly basis. The State can choose to have the worker come to the local office and provide
documentation to the staff, or the State has the option to accept proof of continuing eligibility by
another method, including: an online portal, email, mail, or fax, to verify proof of employment
and wages.
In either alternative, the State must have documented verification of the individual worker’s
employment and wage status on at least a monthly basis. Once the State approves the
information, the State payment unit, local office, and worker will be notified and the worker will
receive equivalent payment for the preceding month on a weekly, biweekly, or other basis (as
long as payments are at least made monthly) as determined by the State as long as the calculated
monthly allotment is not exceeded. The worker will receive at least a minimum monthly
payment. Because the worker will receive the ATAA wage subsidy for the preceding period for
which they have demonstrated eligibility, the worker will not receive payment until after the
initial month has been verified by the State.
H.7. ATAA Payments
Section 246(a)(2)(A) of the Trade Act, as amended, provides that a State shall use the funds
provided under section 241 to pay to a worker described in Section 246(a)(3)(B), for a period not
to exceed two years, 50 percent of the difference between:
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
(i) The wages received by the worker from reemployment; and
(ii) The wages received by the worker at the time of separation.
An individual receiving this benefit may receive TAA relocation benefits and the Health
Coverage Tax Credit (HCTC), but is not eligible to receive any other benefits, including training,
TRA payments, and job search allowances. The ATAA supplement shall cease in the event of
one of the following:
The individual’s annualized wage, excluding the ATAA wage subsidy, is projected to
exceed $50,000 a year.
The individual has received $10,000 in ATAA benefits.
The worker has reached the end of the two-year eligibility period.
The choice of payment unit for paying the ATAA wage supplement is a State responsibility.
However, the organizational placement of this payment by the State must meet Governmental
Accounting Standards Board requirements. It is the responsibility of the State when calculating
the ATAA payment to annualize the recipient’s wages on a monthly basis to assure that the
recipient’s annual wages do not exceed $50,000. Annual wage calculations will include all jobs
in which the worker is employed and constitute at least full-time employment as defined by the
State. This may include any combination of full- and part-time work that meets or exceeds full-
time employment.
Annualized wages at separation are defined as the annualized hourly rate at the time of the most
recent qualifying separation. The annualized wages are computed by multiplying the worker’s
hourly rate received during the last full week of the worker’s employment by the number of
hours the individual worked during the last full week of employment and multiplying that
number by 52. (See 20 CFR 618.520(a)(2)(i) for more information.)
Annualized wages at reemployment are defined similarly to annualized wages at separation,
except that the hourly rate and hours worked must reflect those of the first full week of
reemployment. (See 20 CFR 618.520(a)(2)(ii) for more information.)
H.7.1. Wage Calculation Methodology
Annualized Separation Wages minus Annualized Reemployment Wages divided by 2
equals 50 percent of the difference between the two periods of wages.
50 percent of the difference between the two periods of wages divided by 12 equals the
monthly ATAA wage supplement.
If, as a result of the monthly verification exercise, the participant’s hourly wage and/or
hours are determined to have changed in such a way as to affect the ATAA wage
supplement, the State will repeat the above calculation and adjust the ATAA payment
accordingly.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
The ATAA wage supplement will be paid on a weekly, biweekly, or other payment
frequency not to exceed monthly, as established by the State, ensuring that the total
payment does not exceed the $10,000 maximum over a two-year period.
States will follow the current interstate arrangement for the regular UI program regarding
the agent/liable State relationship for the filing of ATAA claims.
H.7.2. ATAA Overpayments
The determination of “annualized wages” is made prospectively. An individual is
deemed to have met the, “earns not more than $50,000 a year in wages from
reemployment,” requirement set forth in section 246 for a given month if the monthly
determination of annualized wages is accurate and complete at the time it is made. No
overpayment determinations need be made for that month based on projections for the
yearly annual wage that later changed based on information that was not available at the
time that the monthly determination was made. Monthly payments derived from the
annualized wage projection based on complete and accurate information at the time will
be considered valid payments that the individual was entitled to, and are not considered
overpayments.
In instances where there are overpayments, due to error or fraud, for example, the State
should adhere to the overpayment provisions of Section C.10. of this TEGL.
H.8. Impact of Reversion 2021 on Subpart E of 20 CFR 618
The Reversion 2021 changes above mean that some parts of the TAA Program regulations
related to ATAA (RTAA in the regulations) do not apply or are otherwise impacted by the
changes in statute. This table summarizes the impact of Reversion 2021 on ATAA.
Citation Title Impact of Reversion 2021
618.500 Scope. No change.
618.505 Individual eligibility. Must be part of a worker group
certified as eligible for ATAA.
Must be employed full-time.
Does not return to employment
from which they were
separated.
618.510 Eligibility period for payments of Must be reemployed within 26
Reemployment Trade Adjustment Assistance weeks of separation from
and application deadline. adversely affected
employment.
618.515 Continuing eligibility and timing of payments. 618.515(a)(4) does not apply.
618.520 Benefits available to eligible adversely affected ATAA recipients are not
workers. eligible for any other benefit
under the TAA Program other
than relocation allowances and
the HCTC.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
Receipt of ATAA prohibits
eligibility for other benefits.
618.525 Determinations, redeterminations, and appeals. No change.
618.530 Reductions of Reemployment Trade Adjustment No change.
Assistance payments; priority of payments.
I. Health Coverage Tax Credit (HCTC)
There are no changes to the operation or availability of HCTC under Reversion 2021. As of the
date of this guidance, HCTC is authorized through December 31, 2021. States must continue
reporting the list of potentially eligible recipients to the IRS as previously instructed via
Unemployment Insurance Program Letter (UIPL) No. 01-17, Health Coverage Tax Credit
(HCTC) for Eligible Trade Adjustment Assistance (TAA) Recipients and Alternative TAA (ATAA)
and Reemployment TAA (RTAA) Recipients.
J. Definitions
Most of the definitions contained in Subpart A of 20 CFR 618 are unaffected by Reversion 2021.
Additional definitions impacting petitioning worker groups are found in Section B of this TEGL.
J.1. Impact of Reversion 2021 on Subpart A of 20 CFR 618
Citation Title Impact of Reversion 2021
618.100 Purpose and scope. No change.
618.110 Definitions.
Adversely affected incumbent worker No longer applies.
Eligible RTAA recipient Now ATAA.
Period of duty No longer applies.
Reemployment Trade Adjustment Assistance Now ATAA.
Service No longer applies.
Trade-affected worker No longer applies.
618.120 Severability. No change.
K. General Program Administration
In general, all of Subpart H of 20 CFR 618 continues to apply under Reversion 2021. The table
below provides an overview of the differences. The differences noted below are addressed in
other sections of this TEGL.
K.1. Impact of Reversion 2021 on Subpart H of 20 CFR 618
Citation Title Impact of Reversion 2021
618.800 Scope No change.
618.804 Agreements with the Secretary of Labor No change.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
618.808 State rulemaking No change.
618.812 Subpoenas No change.
618.816 Trade Adjustment Assistance Program benefit 618.816(c)(1)(i), related to
information and provision of services to employment and case
workers. management, does not apply.
618.820 Determinations of eligibility; notices to No change.
individuals.
618.824 Liable State and agent State responsibilities. No change.
618.828 Appeals and hearings. No change.
618.832 Overpayments; penalties for fraud. “May waive” instead of “shall
waive.” Recovery based on
“equity and good conscience”
instead of “financial hardship.”
618.836 Recovery of debts due the United States or to No change.
others by Trade Adjustment Assistance offset.
618.840 Uniform interpretation and application of this No change.
part.
618.844 Inviolate rights to Trade Adjustment Assistance No change. (RTAA is ATAA.)
or Reemployment Trade Adjustment Assistance.
618.848 Veterans' priority of service. No change.
618.852 Recordkeeping and disclosure of information No change.
requirements.
618.856 Information, reports, and studies. No change.
618.860 General fiscal and administrative requirements No change.
and cost classification.
618.864 Trade Adjustment Assistance Program No change.
performance.
618.868 Unemployment Insurance. No change.
618.872 Travel under the Trade Adjustment Assistance No change.
Program.
618.876 Verification of eligibility for program benefits. Does not apply.
618.884 Special rule with respect to military service. Does not apply.
618.888 Equitable tolling. No change.
618.890 Staffing flexibility. No change.
618.894 Nondiscrimination and equal opportunity No change.
requirements.
618.898 Applicable State law. No change.
L. Allocation of Funds
Reversion 2021 affects the availability of funding under the TAA Program by reducing the cap
on Training and Other Activities (TaOA) funding from $450 million per year to $220 million per
year. Additionally, Reversion 2021 no longer authorizes the Department to recapture and
redistribute funds as provided in 20 CFR 618.950.
ATTACHMENT A
Operating Instructions of Reversion 2021
Trade Adjustment Assistance for Workers
L.1. Impact of Reversion 2021 on Subpart I of 20 CFR 618
Citation Title Impact of Reversion 2021
618.900 Annual cap on funds available for Training and Cap reduced to $220 million
Other Activities. per year.
618.910 Initial allocation of funds. No change.
618.920 Reserve fund distributions. No change.
618.930 Second distribution. No change
618.940 Insufficient funds. No change.
618.950 Recapture and reallocation of Training and Does not apply.
Other Activities funds.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
Contents
Subpart A - Petitions and Determinations ......................................................................................... 2
SEC. 221. (19 U.S.C. 2271) PETITIONS. ........................................................................................... 2
SEC. 222. (19 U.S.C. 2272) GROUP ELIGIBILITY REQUIREMENTS. ............................................ 2
SEC. 223. (19 U.S.C. 2273) DETERMINATIONS BY SECRETARY OF LABOR. ............................. 4
SEC. 224. (19 U.S.C. 2274) STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL
TRADE COMMISSION BEGINS INVESTIGATION. ...................................................................... 5
SEC. 225. (19 U.S.C. 2275) BENEFIT INFORMATION TO WORKERS. .......................................... 5
Subpart B – Program Benefits .......................................................................................................... 6
SEC. 231. (19 U.S.C. 2291) QUALIFYING REQUIREMENTS FOR WORKERS............................... 6
SEC. 232. (19 U.S.C. 2292) WEEKLY AMOUNTS OF READJUSTMENT ALLOWANCE. ............... 9
SEC. 233. (19 U.S.C. 2293) LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES. .......... 9
SEC. 234. (19 U.S.C. 2294) APPLICATION OF STATE LAWS. ...................................................... 11
SEC. 235. (19 U.S.C. 2295) EMPLOYMENT SERVICES. ............................................................... 12
SEC. 236. (19 U.S.C. 2296) TRAINING. .......................................................................................... 12
SEC. 237. (19 U.S.C. 2297) JOB SEARCH ALLOWANCES. ........................................................... 15
SEC. 238. (19 U.S.C. 2298) RELOCATION ALLOWANCES. ......................................................... 16
Subpart C—General Provisions ...................................................................................................... 17
SEC. 239. (19 U.S.C. 2311) AGREEMENTS WITH STATES........................................................... 17
SEC. 240. (19 U.S.C. 2312) ADMINISTRATION ABSENT STATE AGREEMENT. ........................ 19
SEC. 241. (19 U.S.C. 2313) PAYMENTS TO STATES. .................................................................... 19
SEC. 242. (19 U.S.C. 2314) LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS. ....... 19
SEC. 243. (19 U.S.C. 2315) FRAUD AND RECOVERY OF OVERPAYMENTS. ............................. 19
SEC. 244. (19 U.S.C. 2316) PENALTIES. ........................................................................................ 20
SEC. 245. (19 U.S.C. 2317) AUTHORIZATION OF APPROPRIATIONS. ....................................... 21
SEC. 246. (19 U.S.C. 2318) DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE
ADJUSTMENT ASSISTANCE FOR OLDER WORKERS.............................................................. 21
SEC. 247. (19 U.S.C. 2319) DEFINITIONS...................................................................................... 22
SEC. 248. (19 U.S.C. 2320) REGULATIONS. .................................................................................. 24
SEC. 249. (19 U.S.C. 2321) [SUBPOENA] POWER. ........................................................................ 24
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
Subpart A - Petitions and Determinations
SEC. 221. (19 U.S.C. 2271) PETITIONS.
(a) Filing of petitions; assistance; publication of notice
(1) A petition for certification of eligibility to apply for adjustment assistance for a group of
workers under this chapter may be filed simultaneously with the Secretary and with the
Governor of the State in which such workers’ firm or subdivision is located by any of the
following:
(A) The group of workers (including workers in an agricultural firm or subdivision
of any agricultural firm).
(B) The certified or recognized union or other duly authorized representative of such
workers.
(C) Employers of such workers, one-stop operators or one-stop partners (as defined
in [section 3 of the Workforce Innovation and Opportunity Act 29 U.S.C. 3151(b)]),
including State employment security agencies, or the State dislocated worker unit
established under title I of such Act, on behalf of such workers.
(2) Upon receipt of a petition filed under paragraph (1), the Governor shall—
(A) ensure that rapid response assistance and appropriate [career services] (as
described in [section 134 of the Workforce Innovation and Opportunity Act 29
U.S.C. 3174(2)(A)]) authorized under other Federal laws are made available to the
workers covered by the petition to the extent authorized under such laws; and
(B) assist the Secretary in the review of the petition by verifying such information
and providing such other assistance as the Secretary may request.
(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal
Register that the Secretary has received the petition and initiated an investigation.
(b) Hearing - If the petitioner, or any other person found by the Secretary to have a substantial
interest in the proceedings, submits not later than 10 days after the date of the Secretary’s
publication under subsection (a) a request for a hearing, the Secretary shall provide for a public
hearing and afford such interested persons an opportunity to be present, to produce evidence, and to
be heard.
SEC. 222. (19 U.S.C. 2272) GROUP ELIGIBILITY REQUIREMENTS.
(a) IN GENERAL.—A group of workers (including workers in any agricultural firm or subdivision
of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment
assistance under this chapter pursuant to a petition filed under section 221 if the Secretary
determines that—
(1) a significant number or proportion of the workers in such workers’ firm, or an
appropriate subdivision of the firm, have become totally or partially separated, or are
threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased
absolutely;
(ii) imports of articles like or directly competitive with articles produced by
such firm or subdivision have increased; and
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(iii) the increase in imports described in clause (ii) contributed importantly to
such workers’ separation or threat of separation and to the decline in the sales
or production of such firm or subdivision; or
(B)(i) there has been a shift in production by such workers’ firm or subdivision to a
foreign country of articles like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has shifted production of the
articles is a party to a free trade agreement with the United States1;
(II) the country to which the workers’ firm has shifted production of
the articles is a beneficiary country under the Andean Trade
Preference Act, African Growth and Opportunity Act, or the
Caribbean Basin Economic Recovery Act2; or
(III) there has been or is likely to be an increase in imports of articles
that are like or directly competitive with articles which are or were
produced by such firm or subdivision.
(b) ADVERSELY AFFECTED SECONDARY WORKERS.—A group of workers (including
workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the
Secretary as eligible to apply for trade adjustment assistance benefits under this chapter pursuant to
a petition filed under section 221 if the Secretary determines that—
(1) a significant number or proportion of the workers in the workers’ firm or an appropriate
subdivision of the firm have become totally or partially separated, or are threatened to
become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or
subdivision) that employed a group of workers who received a certification of eligibility
under subsection (a), and such supply or production is related to the article that was the basis
for such certification (as defined in subsection (c) (3) and (4)); and
(3) either—
(A) the workers’ firm is a supplier and the component parts it supplied to the firm (or
subdivision) described in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm (or subdivision) described
in paragraph (2) contributed importantly to the workers’ separation or threat of
separation determined under paragraph (1).
(c) Definitions - FOR PURPOSES OF THIS SECTION.—
(1) The term “contributed importantly” means a cause which is important but not necessarily
more important than any other cause.
(2)(A) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling
for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(B) Any firm, or appropriate subdivision of a firm, that engages in exploration or
1 See Attachment C for the list of nations that are a party to a free trade agreement with the United States.
2 See Attachment C for a list of the nations covered by these three statutes.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be
considered to be producing articles directly competitive with imports of oil and with
imports of natural gas.
(3) DOWNSTREAM PRODUCER.—The term “downstream producer” means a firm that
performs additional, value-added production processes for a firm or subdivision, including a
firm that performs final assembly or finishing, directly for another firm (or subdivision), for
articles that were the basis for a certification of eligibility under subsection (a) of a group of
workers employed by such other firm, if the certification of eligibility under subsection (a) is
based on an increase in imports from, or a shift in production to, Canada or Mexico.
(4) SUPPLIER.—The term “supplier” means a firm that produces and supplies directly to
another firm (or subdivision) component parts for articles that were the basis for a
certification of eligibility under subsection (a) of a group of workers employed by such other
firm.
SEC. 223. (19 U.S.C. 2273) DETERMINATIONS BY SECRETARY OF LABOR.
(a) Certification of eligibility - As soon as possible after the date on which a petition is filed under
section 221, but in any event not later than 40 days after that date, the Secretary shall determine
whether the petitioning group meets the requirements of section 222 and shall issue a certification
of eligibility to apply for assistance under this subchapter covering workers in any group which
meets such requirements. Each certification shall specify the date on which the total or partial
separation began or threatened to begin.
(b) Workers covered by certification - A certification under this section shall not apply to any
worker whose last total or partial separation from the firm or appropriate subdivision of the firm
before his application under section 231 occurred—
(1) more than one year before the date of the petition on which such certification was granted,
or
(2) more than 6 months before the effective date of this chapter.
(c) Publication of determination in Federal Register - Upon reaching his determination
on a petition, the Secretary shall promptly publish a summary of the determination in
the Federal Register together with his reasons for making such determination.
(d) Termination of certification - Whenever the Secretary determines, with respect to any
certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial
separations from such firm or subdivision are no longer attributable to the conditions specified in
section 222, he shall terminate such certification and promptly have notice of such termination
published in the Federal Register together with his reasons for making such determination. Such
termination shall apply only with respect to total or partial separations occurring after the
termination date specified by the Secretary.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
SEC. 224. (19 U.S.C. 2274) STUDY BY SECRETARY OF LABOR WHEN
INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION.
(a) Subject matter of study - Whenever the International Trade Commission (hereafter referred to in
this chapter as the “Commission”) begins an investigation under section 202 with respect to an
industry, the Commission shall immediately notify the Secretary of such investigation, and the
Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing the like or directly
competitive article who have been or are likely to be certified as eligible for adjustment
assistance, and
(2) the extent to which the adjustment of such workers to the import competition may be
facilitated through the use of existing programs.
(b) Report; publication - The report of the Secretary of the study under subsection (a) shall be made
to the President not later than 15 days after the day on which the Commission makes its report
under section 202(f). Upon making his report to the President, the Secretary shall also promptly
make it public (with the exception of information which the Secretary determines to be confidential)
and shall have a summary of it published in the Federal Register.
SEC. 225. (19 U.S.C. 2275) BENEFIT INFORMATION TO WORKERS.
(a) The Secretary shall provide full information to workers about the benefit allowances, training,
and other employment services available under this subchapter and about the petition and
application procedures, and the appropriate filing dates, for such allowances, training and services.
The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare
petitions or applications for program benefits. The Secretary shall make every effort to insure that
cooperating State agencies fully comply with the agreements entered into under section 239(a) and
shall periodically review such compliance. The Secretary shall inform the State Board for
Vocational Education or equivalent agency and other public or private agencies, institutions, and
employers, as appropriate, of each certification issued under section 223 and of projections, if
available, of the needs for training under section 236 as a result of such certification.
(b)(1) The Secretary shall provide written notice through the mail of the benefits available under
this subchapter to each worker whom the Secretary has reason to believe is covered by a
certification made under subchapter A of this chapter—
(A) at the time such certification is made, if the worker was partially or totally
separated from the adversely affected employment before such certification, or
(B) at the time of the total or partial separation of the worker from the adversely
affected employment, if subparagraph (A) does not apply.
(2) The Secretary shall publish notice of the benefits available under this chapter to workers
covered by each certification made under subchapter A in newspapers of general circulation
in the areas in which such workers reside.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
Subpart B – Program Benefits
SEC. 231. (19 U.S.C. 2291) QUALIFYING REQUIREMENTS FOR WORKERS.
(a) Trade readjustment allowance conditions - Payment of a trade readjustment allowance shall be
made to an adversely affected worker covered by a certification under subchapter A who files an
application for such allowance for any week of unemployment which begins more than 60 days
after the date on which the petition that resulted in such certification was filed under section 221, if
the following conditions are met:
(1) Such worker’s total or partial separation before his application under this chapter
occurred—
(A) on or after the date, as specified in the certification under which he is covered,
on which total or partial separation began or threatened to begin in the adversely
affected employment,
(B) before the expiration of the 2-year period beginning on the date on which the
determination under section 223 was made, and before the termination date (if any)
determined pursuant to section 223(d).
(2) Such worker had, in the 52-week period ending with the week in which such total or
partial separation occurred, at least 26 weeks of employment at wages of $30 or more a
week in adversely affected employment with a single firm or subdivision of a firm, or, if
data with respect to weeks of employment with a firm are not available, equivalent amounts
of employment computed under regulations prescribed by the Secretary. For the purposes of
this paragraph, any week in which such worker—
(A) is on employer-authorized leave for purposes of vacation, sickness, injury,
maternity, or inactive duty or active duty military service for training,
(B) does not work because of a disability that is compensable under a workmen’s
compensation law or plan of a State or the United States,
(C) had his employment interrupted in order to serve as a full-time representative of
a labor organization in such firm or subdivision, or
(D) is on call-up for purposes of active duty in a reserve status in the Armed Forces
of the United States, provided such active duty is “Federal service” as defined in 5
U.S.C. 8521(a)(1), shall be treated as a week of employment at wages of $30 or
more, but not more than 7 weeks, in case of weeks described in subparagraph (A) or
(C), or both (and not more than 26 weeks, in the case of weeks described in
subparagraph or (D), may be treated as weeks of employment under this sentence.
(3) Such worker—
(A) was entitled to (or would be entitled to if he applied therefor) unemployment
insurance for a week within the benefit period (i) in which such total or partial
separation took place, or (ii) which began (or would have begun) by reason of the
filing of a claim for unemployment insurance by such worker after such total or
partial separation;
(B) has exhausted all rights to any unemployment insurance, except additional
compensation that is funded by a State and is not reimbursed from any Federal funds,
to which he was entitled (or would be entitled if he applied therefor); and
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(C) does not have an unexpired waiting period applicable to him for any such
unemployment insurance.
(4) Such worker, with respect to such week of unemployment, would not be disqualified for
extended compensation payable under the Federal-State Extended Unemployment
Compensation Act of 1970 by reason of the work acceptance and job search requirements in
section 202(a)(3) of such Act.
(5) Such worker—
(A)(i) is enrolled in a training program approved by the Secretary under section
236(a), and
(ii) the enrollment required under clause (i) occurs no later than the latest
of—
(I) the last day of the 16th week after the worker’s most recent total
separation from adversely affected employment which meets the
requirements of paragraphs (1) and (2),
(II) the last day of the 8th week after the week in which the Secretary
issues a certification covering the worker,
(III) 45 days after the later of the dates specified in subclause (I) or
(II), if the Secretary determines there are extenuating circumstances
that justify an extension in the enrollment period, or
(IV) the last day of a period determined by the Secretary to be
approved for enrollment after the termination of a waiver issued
pursuant to subsection (c),
(B) has, after the date on which the worker became totally separated, or partially
separated, from the adversely affected employment, completed a training program
approved by the Secretary under section 236(a), or
(C) has received a written statement under subsection (c)(1) after the date described
in subparagraph (B).
(b) Withholding of trade readjustment allowance pending beginning or resumption of participation
in training program; period of applicability
(1) If—
(A) the Secretary determines that—
(i) the adversely affected worker—
(I) has failed to begin participation in the training program the
enrollment in which meets the requirement of subsection (a)(5), or
(II) has ceased to participate in such training program before
completing such training program, and
(ii) there is no justifiable cause for such failure or cessation, or
(B) the certification made with respect to such worker under subsection (c)(1) is
revoked under subsection (c)(2), no trade readjustment allowance may be paid to the
adversely affected worker under this part for the week in which such failure,
cessation, or revocation occurred, or any succeeding week, until the adversely
affected worker begins or resumes participation in a training program approved
under section 236(a).
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(2) The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any
week of unemployment which begins—
(A) after the date that is 60 days after the date on which the petition that results in the
certification that covers the worker is filed under section 221, and
(B) before the first week following the week in which such certification is made
under subchapter (A).
(c) WAIVERS OF TRAINING REQUIREMENTS.—
(1) ISSUANCE OF WAIVERS.—The Secretary may issue a written statement to an
adversely affected worker waiving the requirement to be enrolled in training described in
subsection (a)(5)(A) of this section if the Secretary determines that it is not feasible or
appropriate for the worker, because of 1 or more of the following reasons:
(A) HEALTH.—The worker is unable to participate in training due to the health of
the worker, except that a waiver under this subparagraph shall not be construed to
exempt a worker from requirements relating to the availability for work, active
search for work, or refusal to accept work under Federal or State unemployment
compensation laws.
(B) ENROLLMENT UNAVAILABLE.—The first available enrollment date for the
approved training of the worker is within 60 days after the date of the determination
made under this paragraph, or, if later, there are extenuating circumstances for the
delay in enrollment, as determined pursuant to guidelines issued by the Secretary.
(C) TRAINING NOT AVAILABLE.—Training approved by the Secretary is not
reasonably available to the worker from either governmental agencies or private
sources (which may include area vocational education schools, as defined in section
3 of the [Carl D. Perkins Career and Technical Education Act of 2006] (20 U.S.C.
2302), and employers), no training that is suitable for the worker is available at a
reasonable cost, or no training funds are available.
(2) DURATION OF WAIVERS.—
(A) IN GENERAL.—A waiver issued under paragraph (1) shall be effective for not
more than 6 months after the date on which the waiver is issued, unless the Secretary
determines otherwise.
(B) REVOCATION.—The Secretary shall revoke a waiver issued under paragraph
(1) if the Secretary determines that the basis of a waiver is no longer applicable to
the worker and shall notify the worker in writing of the revocation.
(3) AGREEMENTS UNDER SECTION 239 (19 USC 2311).—
(A) ISSUANCE BY COOPERATING STATES.—Pursuant to an agreement under
section 239, the Secretary may authorize a cooperating State to issue waivers as
described in paragraph (1).
(B) SUBMISSION OF STATEMENTS.—An agreement under section 239 shall
include a requirement that the cooperating State submit to the Secretary the written
statements provided under paragraph (1) and a statement of the reasons for the
waiver.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
SEC. 232. (19 U.S.C. 2292) WEEKLY AMOUNTS OF READJUSTMENT ALLOWANCE.
(a) Formula - Subject to subsections (b) and (c), the trade readjustment allowance payable to an
adversely affected worker for a week of total unemployment shall be an amount equal to the most
recent weekly benefit amount of the unemployment insurance payable to the worker for a week of
total unemployment preceding the worker’s first exhaustion of unemployment insurance (as
determined for purposes of section 231(a)(3)(B)) reduced (but not below zero) by—
(1) any training allowance deductible under subsection (c); and
(2) income that is deductible from unemployment insurance under the disqualifying income
provisions of the applicable State law or Federal unemployment insurance law.
(b) Adversely affected workers who are undergoing training - Any adversely affected worker who is
entitled to trade readjustment allowances and who is undergoing training approved by the Secretary
shall receive for each week in which he is undergoing any such training, a trade readjustment
allowance in an amount (computed for such week) equal to the amount computed under subsection
(a) or (if greater) the amount of any weekly allowance for such training to which he would be
entitled under any other Federal law for the training of workers, if he applied for such allowance.
Such trade readjustment allowance shall be paid in lieu of any training allowance to which the
worker would be entitled under such other Federal law.
(c) Deduction from total number of weeks of allowance entitlement - If a training allowance under
any Federal law other than this Act is paid to an adversely affected worker for any week of
unemployment with respect to which he would be entitled (determined without regard to any
disqualification) to a trade readjustment allowance if he applied for such allowance, each such week
shall be deducted from the total number of weeks of trade readjustment allowance otherwise
payable to him under section 233(a) (19 USC 2293(a)) when he applies for a trade readjustment
allowance and is determined to be entitled to such allowance. If such training allowance paid to
such worker for any week of unemployment is less than the amount of the trade readjustment
allowance to which he would be entitled if he applied for such allowance, he shall receive, when he
applies for a trade readjustment allowance and is determined to be entitled to such allowance, a
trade readjustment allowance for such week equal to such difference.
SEC. 233. (19 U.S.C. 2293) LIMITATIONS ON TRADE READJUSTMENT
ALLOWANCES.
(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved
training periods
(1) The maximum amount of trade readjustment allowances payable with respect to the
period covered by any certification to an adversely affected worker shall be the amount
which is the product of 52 multiplied by the trade readjustment allowance payable to the
worker for a week of total unemployment (as determined under section 232(a) (19 USC
2292(a))), but such product shall be reduced by the total sum of the unemployment
insurance to which the worker was entitled (or would have been entitled if he had applied
therefor) in the worker’s first benefit period described in section 231(a)(3)(A).
(2) A trade readjustment allowance shall not be paid for any week occurring after the close
of the 104-week period that begins with the first week following the week in which the
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
adversely affected worker was most recently totally separated from adversely affected
employment—
(A) within the period which is described in section 231(a)(1) (19 USC 2291(a)(1)),
and
(B) with respect to which the worker meets the requirements of section 231(a)(2) (19
USC 2291(a)(2)).
(3) Notwithstanding paragraph (1), in order to assist the adversely affected worker to
complete training approved for him under section 236 (19 USC 2296), and in accordance
with regulations prescribed by the Secretary, payments may be made as trade readjustment
allowances for up to 65 additional weeks in the 78-week period that—
(A) follows the last week of entitlement to trade readjustment allowances otherwise
payable under this chapter; or
(B) begins with the first week of such training, if such training begins after the last
week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such 26-week period
during which the individual is participating in such training.
(b) Limitations on additional payments for training periods - A trade readjustment allowance may
not be paid for an additional week specified in subsection (a)(3) if the adversely affected worker
who would receive such allowance did not make a bona fide application to a training program
approved by the Secretary under section 236 (19 USC 2296) within 210 days after the date of the
worker’s first certification of eligibility to apply for adjustment assistance issued by the Secretary,
or, if later, within 210 days after the date of the worker’s total or partial separation referred to in
section 231(a)(1) (19 USC 2291(a)(1)).
(c) Amounts payable to an adversely affected worker under section 231 to 234 (19 USC 2291 to
2294) of this title shall be subject to such adjustment on a week-to-week basis as may be required
by section 232(b) (29 USC 2292(b)) of this title.
(d) Special adjustments for benefit years ending with extended benefit periods - Notwithstanding
any other provision of this Act or other Federal law, if the benefit year of a worker ends within an
extended benefit period, the number of weeks of extended benefits that such worker would, but for
this subsection, be entitled to in that extended benefit period shall be reduced (but not below zero)
by the number of weeks for which the worker was entitled, during such benefit year, to trade
readjustment allowances under sections 231 to 234 (19 USC 2291 to 2294) of this title. For
purposes of this paragraph, the terms “benefit year” and “extended benefit period” shall have the
same respective meanings given to them in the Federal-State Extended Unemployment
Compensation Act of 1970.
(e) Week during which worker received on-the-job training - No trade readjustment allowance shall
be paid to a worker under sections 231 to 234 (19 USC 2291 to 2294) of this title for any week
during which the worker is receiving on-the-job training.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(f) Workers treated as participating in training - For purposes of this chapter, a worker shall be
treated as participating in training during any week which is part of a break in training that does not
exceed 30 days if—
(1) the worker was participating in a training program approved under section 236(a) (19
USC 2296(a)) before the beginning of such break in training, and
(2) the break is provided under such training program.
(g) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COMPLETE
TRAINING.—Notwithstanding any other provision of this section, in order to assist an adversely
affected worker to complete training approved for the worker under section 236 (19 USC 2296) that
leads to the completion of a degree or industry-recognized credential, payments may be made as
trade readjustment allowances for not more than 13 weeks within such period of eligibility as the
Secretary may prescribe to account for a break in training or for justifiable cause that follows the
last week for which the worker is otherwise entitled to a trade readjustment allowance under this
chapter if—
(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for
the worker to complete the training;
(2) the worker participates in training in each such week; and
(3) the worker—
(A) has substantially met the performance benchmarks established as part of the
training approved for the worker;
(B) is expected to continue to make progress toward the completion of the training;
and
(C) will complete the training during that period of eligibility.
SEC. 234. (19 U.S.C. 2294) APPLICATION OF STATE LAWS.
(a) Except where inconsistent with the provisions of this chapter and subject to such regulations as
the Secretary may prescribe, the availability and disqualification provisions of the State law—
(1) under which an adversely affected worker is entitled to unemployment insurance
(whether or not he has filed a claim for such insurance), or
(2) if he is not so entitled to unemployment insurance, of the State in which he was totally or
partially separated,
shall apply to any such worker who files a claim for trade readjustment allowances. The State law
so determined with respect to a separation of a worker shall remain applicable, for purposes of the
preceding sentence, with respect to such separation until such worker becomes entitled to
unemployment insurance under another State law (whether or not he has filed a claim for such
insurance).
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
SEC. 235. (19 U.S.C. 2295) EMPLOYMENT SERVICES.
The Secretary shall make every reasonable effort to secure for adversely affected workers covered
by a certification under subchapter A of this chapter counseling, testing, and placement services,
and supportive and other services, provided for under any other Federal law, including the services
provided through one-stop delivery systems described in [section 134(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c))]. The Secretary shall, whenever appropriate,
procure such services through agreements with the States.
SEC. 236. (19 U.S.C. 2296) TRAINING.
(a) Approval of training; limitation on expenditures; reasonable expectation of employment;
payment of costs; approved training programs; non-duplication of payments from other sources;
disapproval of certain programs; exhaustion of unemployment benefits; promulgation of regulations
(1) If the Secretary determines that—
(A) there is no suitable employment (which may include technical and professional
employment) available for an adversely affected worker,
(B) the worker would benefit from appropriate training,
(C) there is a reasonable expectation of employment following completion of such
training,
(D) training approved by the Secretary is reasonably available to the worker from
either governmental agencies or private sources (which may include area vocational
education schools, as defined in [the Carl D. Perkins Act of 2006 (20 USC 2302)],
and employers),
(E) the worker is qualified to undertake and complete such training, and
(F) such training is suitable for the worker and available at a reasonable cost,
the Secretary shall approve such training for the worker. Upon such approval, the
worker shall be entitled to have payment of the costs of such training (subject to the
limitations imposed by this section) paid on his behalf by the Secretary directly or
through a voucher system. Insofar as possible, the Secretary shall provide or assure
the provision of such training on the job, which shall include related education
necessary for the acquisition of skills needed for a position within a particular
occupation.
(2)(A) The total amount of payments that may be made under paragraph (1) for any fiscal
year shall not exceed $220,000,000.
(B) If, during any fiscal year, the Secretary estimates that the amount of funds
necessary to pay the costs of training approved under this section will exceed the
amount of the limitation imposed under subparagraph (A), the Secretary shall decide
how the portion of such limitation that has not been expended at the time of such
estimate is to be apportioned among the States for the remainder of such fiscal year.
(3) For purposes of applying paragraph (1)(C), a reasonable expectation of employment does
not require that employment opportunities for a worker be available, or offered, immediately
upon the completion of training approved under this paragraph (1).
(4)(A) If the costs of training an adversely affected worker are paid by the Secretary under
paragraph (1), no other payment for such costs may be made under any other provision of
Federal law.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(B) No payment may be made under paragraph (1) of the costs of training an
adversely affected worker if such costs—
(i) have already been paid under any other provision of Federal law,
or
(ii) are reimbursable under any other provision of Federal law and
a portion of such costs have already been paid under such other provision of
Federal law.
(C) The provisions of this paragraph shall not apply to, or take into account, any
funds provided under any other provision of Federal law which are used for any
purpose other than the direct payment of the costs incurred in training a particular
adversely affected worker, even if such use has the effect of indirectly paying or
reducing any portion of the costs involved in training the adversely affected worker.
(5) The training programs that may be approved under paragraph (1) include, but are not
limited to—
(A) employer-based training, including—
(i) on-the-job training, and
(ii) customized training,
(B) any training program provided by a State pursuant to [(29 U.S.C. 3101 et seq.)]
[title I of the Workforce Investment and Opportunity Act],
(C) any training program approved by a [local workforce development board]
established under [section 107] of such Act,
(D) any program of remedial education,
(E) any training program (other than a training program described in paragraph (7))
for which all, or any portion, of the costs of training the worker are paid—
(F) under any Federal or State program other than this chapter, or
from any source other than this section, and
(G) any other training program approved by the Secretary.
(6)(A) The Secretary is not required under paragraph (1) to pay the costs of any training
approved under paragraph (1) to the extent that such costs are paid—
(i) under any Federal or State program other than this chapter, or
(ii) from any source other than this section.
(B) Before approving any training to which subparagraph (A) may apply, the
Secretary may require that the adversely affected worker enter into an agreement
with the Secretary under which the Secretary will not be required to pay under this
section the portion of the costs of such training that the worker has reason to believe
will be paid under the program, or by the source, described in clause (i) or (ii) of
subparagraph (A).
(7) The Secretary shall not approve a training program if—
(A) all or a portion of the costs of such training program are paid under any
nongovernmental plan or program,
(B) the adversely affected worker has a right to obtain training or funds for training
under such plan or program, and
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(C) such plan or program requires the worker to reimburse the plan or program from
funds provided under this chapter, or from wages paid under such training program,
for any portion of the costs of such training program paid under the plan or program.
(8) The Secretary may approve training for any adversely affected worker who is a member
of a group certified under subchapter A at any time after the date on which the group is
certified under subchapter A, without regard to whether such worker has exhausted all rights
to any unemployment insurance to which the worker is entitled.
(9) The Secretary shall prescribe regulations which set forth the criteria under each of the
subparagraphs of paragraph (1) that will be used as the basis for making determinations
under paragraph (1).
(b) Supplemental Assistance - The Secretary may, where appropriate, authorize supplemental
assistance necessary to defray reasonable transportation and subsistence expenses for separate
maintenance when training is provided in facilities which are not within commuting distance of a
worker’s regular place of residence. The Secretary may not authorize—
(1) payments for subsistence that exceed whichever is the lesser of (A) the actual per diem
expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allowance
rate authorized under the Federal travel regulations, or
(2) payments for travel expenses exceeding the prevailing mileage rate authorized under the
Federal travel regulations.
(c) Payment of costs of on-the-job training - The Secretary shall pay the costs of any on-the-job
training of an adversely affected worker that is approved under subsection (a)(1) in equal monthly
installments, but the Secretary may pay such costs, notwithstanding any other provision of this
section, only if—
(1) no currently employed worker is displaced by such adversely affected worker (including
partial displacement such as a reduction in the hours of non-overtime work, wages, or
employment benefits),
(2) such training does not impair existing contracts for services or collective bargaining
agreements,
(3) in the case of training which would be inconsistent with the terms of a collective
bargaining agreement, the written concurrence of the labor organization concerned has been
obtained,
(4) no other individual is on layoff from the same, or any substantially equivalent, job for
which such adversely affected worker is being trained,
(5) the employer has not terminated the employment of any regular employee or otherwise
reduced the workforce of the employer with the intention of filling the vacancy so created by
hiring such adversely affected worker,
(6) the job for which such adversely affected worker is being trained is not being created in a
promotional line that will infringe in any way upon the promotional opportunities of
currently employed individuals,
(7) such training is not for the same occupation from which the worker was separated and
with respect to which such worker’s group was certified pursuant to section 222 (2272),
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(8) the employer is provided reimbursement of not more than 50 percent of the wage rate of
the participant, for the cost of providing the training and additional supervision related to the
training,
(9) the employer has not received payment under subsection (a)(1) with respect to any other
on-the-job training provided by such employer which failed to meet the requirements of
paragraphs (1), (2), (3), (4), (5), and (6), and
(10) the employer has not taken, at any time, any action which violated the terms of any
certification described in paragraph (8) made by such employer with respect to any other on-
the-job training provided by such employer for which the Secretary has made a payment
under subsection (a)(1).
(d) Eligibility for Unemployment Insurance - A worker may not be determined to be ineligible or
disqualified for unemployment insurance or program benefits under this subchapter because the
individual is in training approved under subsection (a), because of leaving work which is not
suitable employment to enter such training, or because of the application to any such week in
training of provisions of State law or Federal unemployment insurance law relating to availability
for work, active search for work, or refusal to accept work. The Secretary shall submit to the
Congress a quarterly report regarding the amount of funds expended during the quarter concerned to
provide training under subsection (a) and the anticipated demand for such funds for any remaining
quarters in the fiscal year concerned.
(e) “Suitable employment” defined - For purposes of this section the term “suitable employment”
means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s
past adversely affected employment, and wages for such work at not less than 80 percent of the
worker’s average weekly wage.
(f) “Customized training” defined - For purposes of this section, the term “customized training”
means training that is—
(1) designed to meet the special requirements of an employer or group of employers;
conducted with a commitment by the employer or group of employers to employ an
individual upon successful completion of the training; and
(2) for which the employer pays for a significant portion (but in no case less than 50 percent)
of the cost of such training, as determined by the Secretary.
SEC. 237. (19 U.S.C. 2297) JOB SEARCH ALLOWANCES.
(a) JOB SEARCH ALLOWANCE AUTHORIZED.—
(1) IN GENERAL.—An adversely affected worker covered by a certification issued under
subchapter A of this chapter may file an application with the Secretary for payment of a job
search allowance.
(2) APPROVAL OF APPLICATIONS.—The Secretary may grant an allowance pursuant to
an application filed under paragraph (1) when all of the following apply:
(A) ASSIST ADVERSELY AFFECTED WORKER.—The allowance is paid to
assist an adversely affected worker who has been totally separated in securing a job
within the United States.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(B) LOCAL EMPLOYMENT NOT AVAILABLE.—The Secretary determines that
the worker cannot reasonably be expected to secure suitable employment in the
commuting area in which the worker resides.
(C) APPLICATION.—The worker has filed an application for the allowance with
the Secretary before—
(i) the later of—
(I) the 365th day after the date of the certification under which the
worker is certified as eligible; or
(II) the 365th day after the date of the worker’s last total separation;
or
(ii) the date that is the 182d day after the date on which the worker concluded
training, unless the worker received a waiver under section 231(c) (19 USC
2291).
(b) AMOUNT OF ALLOWANCE.—
(1) IN GENERAL.—An allowance granted under subsection (a) of this section shall provide
reimbursement to the worker of 90 percent of the cost of necessary job search expenses as
prescribed by the Secretary in regulations.
(2) MAXIMUM ALLOWANCE.—Reimbursement under this subsection may not exceed
$1,250 for any worker.
(3) ALLOWANCE FOR SUBSISTENCE AND TRANSPORTATION.—Reimbursement
under this subsection may not be made for subsistence and transportation expenses at levels
exceeding those allowable under section 236(b)(1) and (2) (19 USC 2296(b)(1) and (2)).
(c) EXCEPTION.—Notwithstanding subsection (b) of this section, the Secretary shall reimburse
any adversely affected worker for necessary expenses incurred by the worker in participating in a
job search program approved by the Secretary.
SEC. 238. (19 U.S.C. 2298) RELOCATION ALLOWANCES.
(a) RELOCATION ALLOWANCE AUTHORIZED.—
(1) IN GENERAL.—Any adversely affected worker covered by a certification issued under
subpart A of this part may file an application for a relocation allowance with the Secretary,
and the Secretary may grant the relocation allowance, subject to the terms and conditions of
this section.
(2) CONDITIONS FOR GRANTING ALLOWANCE.—A relocation allowance may be
granted if all of the following terms and conditions are met:
(A) ASSIST AN ADVERSELY AFFECTED WORKER.—The relocation allowance
will assist an adversely affected worker in relocating within the United States.
(B) LOCAL EMPLOYMENT NOT AVAILABLE.—The Secretary determines that
the worker cannot reasonably be expected to secure suitable employment in the
commuting area in which the worker resides.
(C) TOTAL SEPARATION.—The worker is totally separated from employment at
the time relocation commences.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(D) SUITABLE EMPLOYMENT OBTAINED.—The worker—
(i) has obtained suitable employment affording a reasonable expectation of
long-term duration in the area in which the worker wishes to relocate; or
(ii) has obtained a bona fide offer of such employment.
(E) APPLICATION.—The worker filed an application with the Secretary before—
(i) the later of—
(I) the 425th day after the date of the certification under subchapter A
of this chapter; or
(II) the 425th day after the date of the worker’s last total separation;
or
(ii) the date that is the 182d day after the date on which the worker concluded
training, unless the worker received a waiver under section 231(c).
(b) AMOUNT OF ALLOWANCE.—The relocation allowance granted to a worker under
subsection (a) includes—
(1) 90 percent of the reasonable and necessary expenses (including, but not limited to,
subsistence and transportation expenses at levels not exceeding those allowable under
section 236(b) (1) and (2) (19 USC 2296(b)(1) and (2)) specified in regulations prescribed
by the Secretary) incurred in transporting the worker, the worker’s family, and household
effects; and
(2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum
payment of $1,250.
(c) LIMITATIONS.—A relocation allowance may not be granted to a worker unless—
(1) the relocation occurs within 182 days after the filing of the application for relocation
assistance; or
(2) the relocation occurs within 182 days after the conclusion of training, if the worker
entered a training program approved by the Secretary under section 236(b) (1) and (2) (19
USC 2296(b)(1) and (2)).
Subpart C—General Provisions
SEC. 239. (19 U.S.C. 2311) AGREEMENTS WITH STATES.
(a) Authority of Secretary to enter into agreements - The Secretary is authorized on behalf of the
United States to enter into an agreement with any State, or with any State agency (referred to in this
subchapter as “cooperating States” and “cooperating States agencies” respectively). Under such an
agreement, the cooperating State agency (1) as agent of the United States, will receive applications
for, and will provide, payments on the basis provided in this chapter, (2) where appropriate, but in
accordance with subsection (f) of this section, will afford adversely affected workers testing,
counseling, referral to training and job search programs, and placement services, (3) will make any
certifications required under section 231(c) [2291(c)] of this title, and (4) will otherwise cooperate
with the Secretary and with other State and Federal agencies in providing payments and services
under this chapter.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(b) Amendment, Suspension, and termination of agreements - Each agreement under this subchapter
shall provide the terms and conditions upon which the agreement may be amended, suspended, or
terminated.
(c) Unemployment Insurance - Each agreement under this subchapter shall provide that
unemployment insurance otherwise payable to any adversely affected worker will not be denied or
reduced for any week by reason of any right to payments under this chapter.
(d) Review - A determination by a cooperating State agency with respect to entitlement to program
benefits under an agreement is subject to review in the same manner and to the same extent as
determinations under the applicable State law and only in that manner and to that extent.
(e) Coordination of benefits and assistance - Any agreement entered into under this section shall
provide for the coordination of the administration of the provisions for employment services,
training, and supplemental assistance under sections 235 (19 USC 2295) and 236 (19 USC 2296) of
this Act and under [title I of the Workforce Innovation and Opportunity Act] upon such terms and
conditions as are established by the Secretary in consultation with the States and set forth in such
agreement. Any agency of the State jointly administering such provisions under such agreement
shall be considered to be a cooperating State agency for purposes of this part.
(f) Advising and interviewing adversely affected workers - Each cooperating State agency shall, in
carrying out subsection (a)(2) of this section—
(1) advise each worker who applies for unemployment insurance of the benefits under this
chapter and the procedures and deadlines for applying for such benefits,
(2) facilitate the early filing of petitions under section 221 (19 USC 2271) of this title for
any workers that the agency considers are likely to be eligible for benefits under this part,
(3) advise each adversely affected worker to apply for training under section 236(a) (19
USC 2296(a)) of this title before, or at the same time, the worker applies for trade
readjustment allowances under sections 231 to 234 (19 USC 2291 to 19 USC 2294) of this
title, and
(4) as soon as practicable, interview the adversely affected worker regarding suitable
training opportunities available to the worker under section 236 (19 USC 2296) and review
such opportunities with the worker.
(g) Submission of information for coordination of workforce investment activities - In order to
promote the coordination of workforce investment activities in each State with activities carried out
under this part, any agreement entered into under this section shall provide that the State shall
submit to the Secretary, in such form as the Secretary may require, the description and information
described in [section 102(b)(2)(B)(ii) of the Workforce Investment and Opportunity Act [29 USC
2822 (b)].
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
SEC. 240. (19 U.S.C. 2312) ADMINISTRATION ABSENT STATE AGREEMENT.
(a) In any State where there is no agreement in force between a State or its agency under section
239 (19 USC 2311) of this title, the Secretary shall arrange under regulations prescribed by him for
performance of all necessary functions under subpart B of this chapter, including provision for a fair
hearing for any worker whose application for payments is denied.
(b) A final determination under subsection (a) with respect to entitlement to program benefits under
subpart B of this chapter is subject to review by the courts in the same manner and to the same
extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. sec. 405(g)).
SEC. 241. (19 U.S.C. 2313) PAYMENTS TO STATES.
(a) Certification to Secretary of the Treasury for payment to cooperating states - The Secretary shall
from time to time certify to the Secretary of the Treasury for payment to each cooperating State the
sums necessary to enable such State as agent of the United States to make payments provided for by
this part.
(b) Utilization or return of money - All money paid a State under this section shall be used solely
for the purposes for which it is paid; and money so paid which is not used for such purposes shall be
returned, at the time specified in the agreement under this subpart, to the Secretary of the Treasury.
(c) Surety bonds - Any agreement under this subpart may require any officer or employee of the
State certifying payments or disbursing funds under the agreement or otherwise participating in the
performance of the agreement, to give a surety bond to the United States in such amount as the
Secretary may deem necessary, and may provide for the payment of the cost of such bond from
funds for carrying out the purposes of this part.
SEC. 242. (19 U.S.C. 2314) LIABILITIES OF CERTIFYING AND DISBURSING
OFFICERS.
(a) Certifying officer-No person designated by the Secretary, or designated pursuant to an
agreement under this subpart, as a certifying officer, shall, in the absence of gross negligence or
intent to defraud the United States, be liable with respect to any payment certified by him under this
part.
(b) Disbursing officer - No disbursing officer shall, in the absence of gross negligence or intent to
defraud the United States, be liable with respect to any payment by him under this part if it was
based upon a voucher signed by a certifying officer designated as provided in subsection (a) of this
section.
SEC. 243. (19 U.S.C. 2315) FRAUD AND RECOVERY OF OVERPAYMENTS.
(a)Repayment; deductions
(1) If a cooperating State agency, the Secretary, or a court of competent jurisdiction
determines that any person has received any payment under this part to which the person
was not entitled, including a payment referred to in subsection (b), such person shall be
liable to repay such amount to the State agency or the Secretary, as the case may be, except
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
that the State agency or the Secretary may waive such repayment if such agency or the
Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State
agency or the Secretary shall recover the overpayment by deductions from any sums payable
to such person under this part, under any Federal unemployment compensation law
administered by the State agency or the Secretary, or under any other Federal law
administered by the State agency or the Secretary which provides for the payment of
assistance or an allowance with respect to unemployment, and, notwithstanding any other
provision of State law or Federal law to the contrary, the Secretary may require the State
agency to recover any overpayment under this chapter by deduction from any
unemployment insurance payable to such person under the State law, except that no single
deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
(b) False representation or nondisclosure of material fact - If a cooperating State agency, the
Secretary, or a court of competent jurisdiction determines that an individual—
(1) knowingly has made, or caused another to make, a false statement or representation of a
material fact, or
(2) knowingly has failed, or caused another to fail, to disclose a material fact, and as a result
of such false statement or representation, or of such nondisclosure, such individual has
received any payment under this part to which the individual was not entitled, such
individual shall, in addition to any other penalty provided by law, be ineligible for any
further payments under this part.
(c) Note of determination; fair hearing; finality - Except for overpayments determined by a court of
competent jurisdiction, no repayment may be required, and no deduction may be made, under this
section until a determination under subsection (a)(1) by the State agency or the Secretary, as the
case may be, has been made, notice of the determination and an opportunity for a fair hearing
thereon has been given to the individual concerned, and the determination has become final.
(d) Recovered amount returned to Treasury - Any amount recovered under this section shall be
returned to the Treasury of the United States.
SEC. 244. (19 U.S.C. 2316) PENALTIES.
(a) Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to
disclose a material fact, for the purpose of obtaining or increasing for himself or for any other
person any payment authorized to be furnished under this part or pursuant to an agreement under
section 239 (19 USC 2311) shall be fined not more than $1,000 or imprisoned for not more than one
year, or both.
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
SEC. 245. (19 U.S.C. 2317) AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to the Department of Labor, for the
period beginning October 1, 2001, and ending June 30, 2022, such sums as may be necessary to
carry out the purposes of this part.
(b) PERIOD OF EXPENDITURE.—Funds obligated for any fiscal year to carry out activities under
sections 235 (19 USC 2295) through 238 (19 USC 2298) of this title may be expended by each
State receiving such funds during that fiscal year and the succeeding two fiscal years.
SEC. 246. (19 U.S.C. 2318) DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE
ADJUSTMENT ASSISTANCE FOR OLDER WORKERS.
(a) IN GENERAL.—
(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Trade
Adjustment Assistance Reform Act of 2002, the Secretary shall establish an alternative trade
adjustment assistance program for older workers that provides the benefits described in
paragraph (2).
(2) BENEFITS.—
(A) PAYMENTS.—A State shall use the funds provided to the State under section
241 (19 USC 2313) of this title to pay, for a period not to exceed 2 years, to a worker
described in paragraph (3)(B), 50 percent of the difference between—
(i) the wages received by the worker from reemployment; and
(ii) the wages received by the worker at the time of separation.
(B) HEALTH INSURANCE.—A worker described in paragraph (3)(B) participating
in the program established under paragraph (1) is eligible to receive, for a period not
to exceed 2 years, a credit for health insurance costs under section 35 of title 26, as
added by section 201 of the Trade Act of 2002.
(3) ELIGIBILITY.—
(A) FIRM ELIGIBILITY.—
(i) IN GENERAL.—The Secretary shall provide the opportunity for a group
of workers on whose behalf a petition is filed under section 221 (19 USC
2271) of this title to request that the group of workers be certified for the
alternative trade adjustment assistance program under this section at the time
the petition is filed.
(ii) CRITERIA.—In determining whether to certify a group of workers as
eligible for the alternative trade adjustment assistance program, the Secretary
shall consider the following criteria:
(I) Whether a significant number of workers in the workers’ firm are
50 years of age or older.
(II) Whether the workers in the workers’ firm possess skills that are
not easily transferable.
(III) The competitive conditions within the workers’ industry.
(iii) DEADLINE.—The Secretary shall determine whether the workers in the
group are eligible for the alternative trade adjustment assistance program by
the date specified in section 223(a) (19 USC 2273(a)).
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
(B) INDIVIDUAL ELIGIBILITY.—A worker in the group that the Secretary has
certified as eligible for the alternative trade adjustment assistance program may elect
to receive benefits under the alternative trade adjustment assistance program if the
worker—
(i) is covered by a certification under subpart A of this chapter;
(ii) obtains reemployment not more than 26 weeks after the date of separation
from the adversely affected employment;
(iii) is at least 50 years of age;
(iv) earns not more than $50,000 a year in wages from reemployment;
(v) is employed on a full-time basis as defined by State law in the State in
which the worker is employed; and
(vi) does not return to the employment from which the worker was separated.
(4) TOTAL AMOUNT OF PAYMENTS.—The payments described in paragraph (2)(A)
made to a worker may not exceed $10,000 per worker during the 2-year eligibility period.
(5) LIMITATION ON OTHER BENEFITS.—Except as provided in paragraph (a)(2)(B) [19
USC 2298(a)(2)(B)], if a worker is receiving payments pursuant to the program established
under paragraph (1), the worker shall not be eligible to receive any other benefits under this
title.
(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 June 30, 2022.
(2) EXCEPTION.—Notwithstanding paragraph (1), a worker receiving payments under the
program established under subsection (a)(1) of this section on the termination date described
in paragraph (1) shall continue to receive such payments if the worker meets the criteria
described in subsection (a)(3)(B).
SEC. 247. (19 U.S.C. 2319) DEFINITIONS.
For purposes of this chapter—
(1) The term “adversely affected employment” means employment in a firm or appropriate
subdivision of a firm, if workers of such firm or subdivision are eligible to apply for
adjustment assistance under this part.
(2) The term “adversely affected worker” means an individual who, because of lack of work
in adversely affected employment—
(A) has been totally or partially separated from such employment, or
(B) has been totally separated from employment with the firm in a subdivision of
which such adversely affected employment exists.
(3) Repealed
(4) The term “average weekly wage” means one-thirteenth of the total wages paid to an
individual in the high quarter. For purposes of this computation, the high quarter shall be
that quarter in which the individual’s total wages were highest among the first 4 of the last 5
completed calendar quarters immediately before the quarter in which occurs the week with
respect to which the computation is made. Such week shall be the week in which total
separation occurred, or, in cases where partial separation is claimed, an appropriate week, as
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
defined in regulations prescribed by the Secretary.
(5) The term “average weekly hours” means the average hours worked by the individual
(excluding overtime) in the employment from which he has been or claims to have been
separated in the 52 weeks (excluding weeks during which the individual was sick or on
vacation) preceding the week specified in the last sentence of paragraph (4).
(6) The term “partial separation” means, with respect to an individual who has not been
totally separated, that he has had—
(A) his hours of work reduced to 80 percent or less of his average weekly hours in
adversely affected employment, and
(B) his wages reduced to 80 percent or less of his average weekly wage in such
adversely affected employment.
(7) Repealed
(8) The term “State” includes the District of Columbia and the Commonwealth of Puerto
Rico; and the term “United States” when used in the geographical sense includes such
Commonwealth.
(9) The term “State agency” means the agency of the State which administers the State law.
(10) The term “State law” means the unemployment insurance law of the State approved by
the Secretary of Labor under section 3304 of title 26.
(11) The term “total separation” means the layoff or severance of an individual from
employment with a firm in which, or in a subdivision of which, adversely affected
employment exists.
(12) The term “unemployment insurance” means the unemployment compensation payable
to an individual under any State law or Federal unemployment compensation law, including
chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act.
The terms “regular compensation”, “additional compensation”, and “extended
compensation” have the same respective meanings that are given them in section 205(2), (3),
and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note).
(13) The term “week” means a week as defined in the applicable State law.
(14) The term “week of unemployment” means a week of total, part-total, or partial
unemployment as determined under the applicable State law or Federal unemployment
insurance law.
(15) The term “benefit period” means, with respect to an individual—
(A) the benefit year and any ensuing period, as determined under applicable State
law, during which the individual is eligible for regular compensation, additional
compensation, or extended compensation, or
(B) the equivalent to such a benefit year or ensuing period provided for under the
applicable Federal unemployment insurance law.
(16) The term “on-the-job training” means training provided by an employer to an individual
who is employed by the employer.
(17)(A) The term “job search program” means a job search workshop or job finding club.
(B) The term “job search workshop” means a short (1 to 3 days) seminar designed to
provide participants with knowledge that will enable the participants to find jobs.
Subjects are not limited to, but should include, labor market information, resume
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT B
UNOFFICIAL – FOR TECHNICAL ASSISTANCE PURPOSES ONLY
Trade Act of 1974 – Reversion 2021
writing, interviewing techniques, and techniques for finding job openings.
(C) The term “job finding club” means a job search workshop which includes a
period (1 to 2 weeks) of structured, supervised activity in which participants attempt
to obtain jobs.
SEC. 248. (19 U.S.C. 2320) REGULATIONS.
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of
this part.
SEC. 249. (19 U.S.C. 2321) [SUBPOENA] POWER.
(a) The Secretary may require by [subpoena] the attendance of witnesses and the production of
evidence necessary for him to make a determination under the provisions of this part.
(b) If a person refuses to obey a [subpoena] issued under subsection (a) of this section, a United
States district court within the jurisdiction of which the relevant proceeding under this chapter is
conducted may, upon petition by the Secretary, issue an order requiring compliance with such
[subpoena].
Source: Trade Act of 1974, as amended by the Trade Reform Act of 2002, as amended by the reversion clause of the Trade Adjustment Assistance Reauthorization Act of 2015
NOTE: Edits in brackets represent corrections to outdated references, spelling errors, or non-substantive changes for readability.
ATTACHMENT C
List of Nations for Shift in Production Determinations under Reversion 2021
The following list of applicable nations for worker group eligibility is current as of the date of
publication of this guidance. The Department monitors the status of these agreements. Whether
or not a worker group may be determined eligible under the shift in production criteria is based
on the status of the agreement on the date the Petition is filed.
1. Nations with Free Trade Agreements with the United States1
Sec. 222(a)(2)(B)(ii) (I)
Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El
Salvador, Guatemala, Honduras, Israel, Jordan, South Korea, Mexico, Morocco,
Nicaragua, Oman, Panama, Peru, Singapore.
2. Andean Trade Preference Act2
Sec. 222(a)(2)(B)(ii)(II)
None.
3. African Growth and Opportunity Act3
Sec. 222(a)(2)(B)(ii)(II)
Angola, Benin, Botswana, Burkina Faso, Cabo Verde, Central African Republic, Chad,
Comoros, Democratic Republic of the Congo, Republic of Congo, Côte d’Ivoire,
Djibouti, Eswatini (Swaziland), Ethiopia, Gabon, The Gambia, Ghana, Guinea, Guinea-
Bissau, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Mozambique,
Namibia, Niger, Nigeria, Rwanda, São Tomé and Príncipe, Senegal, Sierra Leone, South
Africa, Tanzania, Togo, Uganda, Zambia
4. Caribbean Basin Economic Recovery Act4
Sec. 222(a)(2)(B)(ii)(II)
Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, Curacao, Dominica,
Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines,
Trinidad and Tobago, Montserrat, St. Kitts and Nevis, British Virgin Islands
1
United States Trade Representative - https://ustr.gov/trade-agreements/free-trade-agreements
2
The Andean Trade Preference Act originally included Bolivia, Columbia, Ecuador, and Peru. Columbia and Peru are
now parties to individual free trade agreements with the United States. This are included in the list under item 1.
As of the date of this guidance, Bolivia and Ecuador are not parties to free trade agreements with the United
States. The authority of the President to provide preferential treatment under this legislation expired in 2013 and
has not been renewed. https://help.cbp.gov/s/article/Article-325?language=en_US
3
United States Trade Representative - https://ustr.gov/issue-areas/preference-programs/african-growth-and-opportunity-act-agoa/list-eligible-countries
4
United States Trade Representative - https://ustr.gov/issue-areas/trade-development/preference-programs/caribbean-basin-initiative-cbi
What does federal law require in your situation?
Ezel checks current federal labor law against your facts and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace