ETA Unified Agenda - [Long-Term Actions]

Title: Alternative Trade Adjustment Assistance Benefits; Amendment of Regulations 

Abstract: The Trade Adjustment Assistance Reform Act of 2002, enacted on August 6, 2002, contains provisions amending title 2, chapter 2 of the Trade Act of 1974, entitled Adjustment Assistance for Workers. The amendments, generally effective 90 days from enactment (Nov. 4, 2002), make additions to where and by whom a petition may be filed, expand eligibility to workers whose production has been shifted to certain foreign countries and to worker groups secondarily affected, and make substantive changes regarding Trade Adjustment Assistance (TAA) program benefits. They also create the Alternative Trade Adjustment Assistance (ATAA) program for older workers, which was effective no later than 1 year after the enactment of the amendments on August 6, 2002. It is the Agency’s intention to create a new 20 CFR part 618 to incorporate the amendments and write it in plain English, while amending the WIA regulations at 20 CFR parts 655 and 671 regarding Rapid Response and National Emergency Grants as they relate to the TAA program. The proposed part 618 consists of 9 subparts: Subpart A--General; subpart B--Petitions and Determinations of Eligibility to Apply for Trade Adjustment Assistance (and alternative TAA); subpart C--Delivery of Services Throughout the One-Stop Delivery System; subpart D--Job Search Allowances; subpart E--Relocation Allowances; subpart F--Training Services; subpart G--Trade Readjustment Allowances (TRA); subpart H--Administration by Applicable State Agencies; and subpart I--Alternative Trade Adjustment Assistance (ATAA) for Older Workers. Because of the complexity of the subject matter and the States' needs for definitive instructions on providing TAA benefits, the rulemaking for part 618 was originally divided into two parts: The first covering TAA benefits (subpart A and subparts C through H); and the second covering petitions and certifications (subpart B and certain definitions in subpart A) and ATAA (subpart I). To expedite the publication of guidance on ATAA, this second NPRM was divided, and ATAA is proceeding under this original RIN 1205-AB40. This rulemaking covers the issuance of ATAA benefits for older workers (subpart I). Separate rulemakings cover benefits (subpart A and subparts C through H) and petitions and determinations (subpart B and certain definitions in subpart A). 

Agency: Department of Labor(DOL) 

Priority: Other Significant 

RIN Status: Previously published in the Unified Agenda 

Agenda Stage of Rulemaking: Long-Term Actions 

Major: No 

Unfunded Mandates: No 

CFR Citation: 29 CFR 90; 20 CFR 618; 20 CFR 665; 20 CFR 671 (To search for a specific CFR, visit the Code of Federal Regulations.) 

Legal Authority: 19 USC 2320; Secretary's Order No. 3-2007, 72 FR 15907 

Legal Deadline:  None

Timetable:

Action	Date	FR Cite
NPRM	10/18/2006	71 FR 61618
NPRM Comment Period End	12/18/2006
Final Action	To Be Determined

Additional Information: Congress has included language in the Continuing Appropriations Resolution, 2007 (Pub. L. 110-5)and the consolidated Apporpriations Act, 2008 (Pub. L. 110-161), which prevents the Department from finalizing and implementing this proposed regulation.

Regulatory Flexibility Analysis Required: No 

Government Levels Affected: Federal, State 

Federalism: No 

Included in the Regulatory Plan: No 

RIN Data Printed in the FR: No 

Related RINs: Related to 1205-AB32, Related to 1205-AB44 

Agency Contact:
Erica Cantor
Administrator, Office of National Response
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Room N5422,
Washington, DC 20210
Phone:202 693-2757
Email: cantor.erica@dol.gov