TEGL_24-20_acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION Office of Trade Adjustment Assistance CORRESPONDENCE SYMBOL OTAA DATE June 4 2021 RESCISSIONS None EXPIRATION DATE Continuing 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 s 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. 2 3. Summary and Background . Summary The TAA P rogram is a federal entitlement program that assists U.S. workers who lost their jobs as a re sult of foreign trade. The TAA P rogram 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 reversio n and sunset provision s 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 Prog ram based upon the date of the relevant TAA certified Petition the 2002 Amen dments the 2009 Amendments the 2011 Amendments or the 2015 Amendments . Workers receiving TAA P rogram 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 20 21 . Background TAARA 2015 at Section 406 includes a provision that creates a modified version of the TAA Progra m Reversion 2021 effective for all petitions filed on or after July 1 2021. This s ection 406 also provides that the TAA Program will ex pire or sunset on June 30 2022 . Guidance on the impacts of the sunset provision will be issued separate ly in F iscal 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 do ing the same for Reversion 2021 . 4. Operating Instructions . The Operating I nstructions set out at Attachment A to this T raining 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 un less otherw ise indicated in the Operating I nstructions . To that end the Operating I nstructions in the attachment to this guidance include statutory regulatory and admini strative 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 3 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 En acted 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 Ins tructions 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