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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 Department’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 Allowance (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 to expedite the rulemaking because of 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 proceeded under its original RIN 1205-AB40.
This proposed rulemaking covers petitions and determinations (subpart B and certain definitions in subpart A of the regulations). Separate notices of proposed rulemaking covered remaining (subpart A and subparts C through H) and the issuance of ATAA benefits for older workers (subpart I).
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