Operating Instructions for Implementing the Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance Extension Act of 2011 (TAAEA), 31880-31892 [2012-13037]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31880-31892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13037]


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DEPARTMENT OF LABOR

Employment and Training Administration


Operating Instructions for Implementing the Amendments to the 
Trade Act of 1974 Enacted by the Trade Adjustment Assistance Extension 
Act of 2011 (TAAEA)

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice, Training and Employment Guidance Letter (TEGL).

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SUMMARY: ETA is publishing for public information, notice of issuance 
and availability of TEGL No. 10-11, signed by Jane Oates, Assistant 
Secretary for Employment and Training on November 18, 2011, which 
assists State Workforce Agencies or agencies designated by governors as 
``Cooperating State Agencies'' (CSAs) (also jointly referred to as 
``states'') in implementing the provisions of the TAAEA enacted on 
October 21, 2011. The TAAEA amends the Trade Adjustment Assistance 
(TAA) program, restoring (with some exceptions) the expanded 
certification criteria and benefits and services provided under the 
Trade and Globalization Adjustment Act of 2009.

FOR FURTHER INFORMATION CONTACT: Frankie Russell, Office of Trade 
Adjustment Assistance, Employment and Training Administration, U.S. 
Department of Labor, 200 Constitution Avenue NW., Room N-4716, 
Washington, DC 20210. Telephone: (202) 693-3517 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: 
    The complete text of this guidance document is provided in this 
notice. In addition, it is available on the ETA Advisory Web site at 
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=9853.

Advisory: Training and Employment Guidance Letter No. 10-11

To: ALL STATE WORKFORCE AGENCIES
ALL STATE WORKFORCE LIAISONS
ALL ONE-STOP CENTER SYSTEMS LEADS
STATE WORKFORCE ADMINISTRATORS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
STATE LABOR COMMISSIONERS

FROM: JANE OATES
ASSISTANT SECRETARY

Subject: Operating Instructions for Implementing the Amendments to the 
Trade Act of 1974--Enacted by the Trade Adjustment Assistance Extension 
Act of 2011 (TAAEA).

    1. Purpose. To assist State Workforce Agencies or agencies 
designated by Governors as ``Cooperating State Agencies'' (CSAs) (also 
jointly referred to as ``states'') implement the provisions of the 
TAAEA enacted on October 21, 2011. The TAAEA amends the Trade 
Adjustment Assistance (TAA) program (2011 Amendments), restoring (with 
some exceptions) the expanded certification criteria and benefits and 
services provided under the Trade and Globalization Adjustment Act of 
2009 (2009 Amendments).
    2. References. Chapter 2 of Title II of the Trade Act of 1974, as 
amended (Pub. L. 93-618) (1974 Act and, as amended, Trade Act); Trade 
Adjustment Assistance Reform Act of 2002, Division A, Title I, Subtitle 
A of the Trade Act of 2002 (Pub. L. 107-210), as amended by the 
Miscellaneous Trade and Technical Corrections Act of 2004, (Pub. L. 
108-429); Trade and Globalization Adjustment Assistance Act of 2009, 
Division B, Title I, Subtitle 1 of the American Recovery and 
Reinvestment Act of 2009 (Pub. L. 111-5); Omnibus Trade Act of 2010 
(Pub. L. 111-344) (Omnibus Trade Act); Trade Adjustment Assistance 
Extension Act of 2011 (Pub. L. 112-40); 20 CFR part 617; 20 CFR part 
618; 29 CFR part 90; TEGL No. 11-02, Operating Instructions for 
Implementing the Amendments to the Trade Act of 1974 Enacted by the 
Trade Act of 2002, and its Changes 1; 2, and 3; TEGL No. 2-03, Interim 
Operating Instructions for Implementing the Alternative Trade 
Adjustment Assistance (ATAA) for Older Workers Program Established by 
the Trade Adjustment Assistance Reform Act of 2002, and its Changes; 
TEGL No. 22-08, Operating Instructions for Implementing the Amendments 
to the Trade Act of 1974 Enacted by the Trade and Globalization 
Adjustment Assistance Act of 2009, and its Change 1; TEGL No. 16-10, 
Instructions for Phasing Out Changes to the Trade Act of 1974 Enacted 
by the Trade and Globalization Adjustment Assistance Act of 2009, and 
its Change 1; TEGL No. 15-10, Increasing Credential, Degree, and 
Certificate Attainment by Participants of the Public Workforce System; 
and TEGL No. 08-11, Availability of Equitable Tolling of Deadlines for 
Workers Covered Under Trade Adjustment Assistance (TAA) Certifications.
    3. Definitions.
    1. 2002 Amendments means the Trade Act of 1974, Pub. L. No. 93-618, 
as amended by the Trade Adjustment Assistance Reform Act of 2002, Pub. 
L. No. 107-210 and the Miscellaneous Trade and Technical Corrections 
Act of 2004, Pub. L. No. 108-429.
    2. 2002 Program means the TAA program under the 2002 Amendments.
    3. 2009 Amendments means the Trade Act of 1974, as amended by the 
Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA).
    4. 2009 Program means the TAA program under the 2009 Amendments.
    5. 2011 Amendments means the Trade Act, as amended by the Trade 
Adjustment Assistance Extension Act of 2011 (TAAEA).

[[Page 31881]]

    6. 2011 Program means the TAA program under the 2011 Amendments.
    7. ATAA means the Demonstration Project for Alternative Trade 
Adjustment Assistance for Older Workers, under Section 246 of the 2002 
Act, as in effect on May 17, 2009, the day before the effective date of 
the 2009 Act, and during the period from February 13, 2011 through 
October 20, 2011.
    8. RTAA means Reemployment Trade Adjustment Assistance, under 
Section 246 of either the 2009 Act or the 2011 Act, depending on the 
context of the discussion.
    4. Background. The TAA for Workers Program (TAA program) was first 
established at the U.S. Department of Labor (Department) under chapter 
2 of title II of the Trade Act of 1974 (1974 Act). The TAA program has 
a two-step process for workers to obtain program benefits. First, a 
group of workers, or other specified entities, must file a petition for 
certification of eligibility to apply for TAA benefits and services 
with Office of Trade Adjustment Assistance (OTAA) in the Department's 
Employment and Training Administration (ETA) and the state in which the 
workers' firm is located. A petition will be certified by a Certifying 
Officer in OTAA after finding that the statutory criteria that test 
whether the group of workers was adversely affected by international 
trade have been met. Second, workers who are part of a group covered 
under a certified petition may apply individually to a state for TAA 
benefits and services.
    States administer the TAA program as agents of the Secretary of 
Labor (Secretary) through a state agency or agencies designated as the 
CSA in an agreement between the Governor and the Secretary (the 
Governor-Secretary Agreement). The CSA is responsible for both the 
determination of worker eligibility to receive TAA, and the provision 
of benefits and services to TAA-eligible workers.

The 2002 Amendments

    The 1974 Act has been amended numerous times. The Trade Adjustment 
Assistance Reform Act of 2002 reauthorized and expanded the scope of 
the TAA program and increased benefit amounts, repealed the North 
American Free Trade Agreement Transitional Adjustment Assistance 
(NAFTA-TAA) program, added to the TAA program in 1993 to provide 
benefits to workers who lost their jobs because of trade with Mexico 
and Canada after NAFTA, created the Health Coverage Tax Credit (HCTC), 
and initiated a pilot program for Alternative Trade Adjustment 
Assistance for older workers (ATAA program).
    The NAFTA-TAA program was no longer necessary because the 2002 
Amendments extended the same favorable TAA coverage to workers who lost 
their jobs because of shifts in production to other countries with 
which the United States had trade agreements or treaties or where there 
was also a likelihood of increased imports, as NAFTA-TAA had provided 
to workers who lost their jobs because of shifts in production to 
Mexico and Canada. Adversely affected secondary workers, whose layoffs 
could be attributed to trade impacts demonstrated by TAA certifications 
of workers for companies for whom their firms were suppliers or 
downstream producers, also were covered under these amendments. The 
2002 Program applied to workers covered under petitions filed on or 
after November 4, 2002.
    The operation of the TAA program for workers covered by petitions 
filed on or after November 4, 2002 and before May 18, 2009 is governed 
by TEGL No. 11-02, Operating Instructions for Implementing the 
Amendments to the Trade Act of 1974 Enacted by the Trade Act of 2002, 
and Changes 1, 2, and 3; and TEGL No. 2-03, Interim Operating 
Instructions for Implementing the Alternative Trade Adjustment 
Assistance (ATM) for Older Workers Program--Established by the Trade 
Adjustment Assistance Reform Act of 2002, and Changes 1 and 2. The 
provisions of the longstanding TAA regulations codified at 20 CFR part 
617 that were not affected by program changes in 2002 also have 
continued to apply to the TAA program and workers covered under the 
2002 Amendments.

The 2009 Amendments

    The TGAAA reauthorized the TAA program through December 31, 2010, 
and again expanded its scope to cover additional categories of Trade-
Affected Workers, increased benefit amounts, and added employment and 
case management services to the categories of TAA benefits. The Older 
Workers Program no longer was a pilot program and was renamed the RTAA 
program. Workers no longer had to choose between receiving ATAA or the 
training benefit. Part-time training could be approved for all Trade-
Affected Workers, and Trade-Affected Workers could enroll in TAA-
approved training before separation from employment. The 2009 
Amendments, applied to workers covered under petitions filed on or 
after May 18, 2009, through December 31, 2010.
    The Omnibus Trade Act amended the TGAAA to provide a six-week 
extension of the December 31, 2010 termination date of the program in 
effect under the 2009 Amendments (the 2009 Program), and the resumption 
of the program in effect before the 2009 Amendments (the 2002 Program). 
As described in TEGL No. 16-10, Change 1, the application of the 2009 
Amendments ended (or ``sunset'') on February 12, 2011. The expanded TAA 
group eligibility and certification requirements available under the 
2009 Amendments continued to apply to petitions received on or before 
11:59 p.m. EST on Monday, February 14, 2011, which was the next 
business day after February 12, 2011, a Saturday.
    TEGL No. 22-08, Operating Instructions for Implementing the 
Amendments to the Trade Act of 1974 Enacted by the Trade and 
Globalization Adjustment Assistance Act of 2009, and its Change 1, 
continue to govern the delivery of benefits to workers covered under 
the 2009 Program. TEGL No. 11-02, Operating Instructions for 
Implementing the Amendments to the Trade Act of 1974 Enacted by the 
Trade Act of 2002, and its Changes 1, 2, and 3; and TEGL No. 2-03, 
Interim Operating Instructions for Implementing the Alternative Trade 
Adjustment Assistance (ATAA) for Older Workers Program Established by 
the Trade Adjustment Assistance Reform Act of 2002, and its Change 1, 
continue to govern the delivery of benefits to workers covered by 
petitions filed on or after November 4, 2002 and before May 18, 2009, 
and where identified in Section A.2.4 below, the delivery of benefits 
to workers covered under petitions numbered TA-W-80,000-80,999.
    The Secretary's regulations codified at 20 CFR part 617 continue to 
apply to the delivery of benefits under the 2002 Program and the 2009 
Program to the extent that the applicable law did not supersede those 
regulatory requirements, as explained in the TEGLs and other guidance 
documents that apply to the respective programs. To the same extent, 29 
CFR part 90 continues to apply to the certification process for all TAA 
petitions. The regulatory requirement of merit based staffing of the 
TAA program, codified at 20 CFR 618.890, continues to apply to state 
administration.
    5. Operating Instructions. The operating instructions contained in 
this TEGL are issued to states as guidance provided by the Department, 
through ETA, in its role as the principal of the TAA program. The 
states, as agents of the Secretary, may not vary from the

[[Page 31882]]

operating instructions in this document without prior approval from 
ETA. The operating instructions in this document constitute the 
controlling guidance for the states in implementing and administering 
the 2011 Amendments. These operating instructions only address changes 
to the TAA program made by the 2011 Amendments.

A. APPLICATION OF THE 2011 AMENDMENTS

    The sections below describe how the 2011 Amendments apply to three 
distinct cohorts of workers: workers covered by petitions filed before 
February 13, 2011, with petition numbers below TA-W-80,000; workers 
covered by petitions filed after February 13, 2011 and before October 
21, 2011, with petition numbers ranging from TA-W-80,000-80,999; and 
workers covered by petitions filed on or after October 21, 2011, with 
petition numbers beginning with TA-W-81,000.
    Note that nothing in the 2011 Amendments or these operating 
instructions affect the benefits and services available to workers 
covered under petitions certified under the 2009 Act, or workers 
covered under petitions filed before May 18, 2009 and certified under 
the 2002 Act.

A.1. Petitions filed before February 13, 2011

    Statute: Section 23 l (a)(2) of the TAAEA reads:
    (2) PETITIONS FILED BEFORE FEBRUARY 13, 2011.-- A worker certified 
as eligible to apply for trade adjustment assistance pursuant to a 
petition filed under section 221 of the Trade Act of 1974--
    (A) on or after May 18, 2009, and on or before February 12, 2011, 
shall continue to be eligible to apply for and receive benefits under 
the provisions of chapter 2 of title II of such Act, as in effect on 
February 12, 2011; or
    (B) before May 18, 2009, shall continue to be eligible to apply for 
and receive benefits under the provisions of chapter 2 of title II of 
such Act, as in effect on May 17, 2009.
    Administration: The TAAEA does not change the benefits and services 
available to workers covered by certifications of petitions filed 
before February 13, 2011, which ETA interpreted in TEGL No. 16-10 
Change 1, to mean petitions received on or before 11:59 p.m. EST 
(Monday) February 14, 2011, the next business day after February 12, 
2011, a Saturday. These workers are and will continue to be served as 
described below:
    i. Workers covered by certifications of petitions filed on or 
before May 17, 2009, identified by a petition number lower than TA-W-
70,000. These workers are subject to the provisions of the 2002 
Amendments, as implemented in TEGL No. 11-02 and Changes 1, 2, and 3; 
TEGL No. 2-03, and Change 1; as well as the applicable provisions of 
the regulations codified at 20 CFR parts 617 and 618, and 29 CFR part 
90.
    ii. Workers covered by petitions filed on or after May 18, 2009, 
and on or before February 14, 2011, identified by petition numbers 
between TA-W-70,000 and TA-W-79,999. These workers are subject to the 
provisions of the 2009 Amendments as implemented in TEGL No. 22-08 and 
Change 1; TEGL 16-10 and its Change 1; as well as the applicable 
provisions of the regulations codified at 20 CFR parts 617 and 618, and 
29 CFR part 90.

A.2 Petitions filed between February 13, 2011 and October 21, 2011

    Several provisions of the TAAEA address workers covered by 
certifications of petitions filed after February 13, 2011 (actually, 
February 14, 2011, as explained in Section A.1, above,) and before the 
Enactment Date, October 21, 20l1. These workers are covered by 
petitions with numbers ranging from TA-W-80,000-80,999.

A.2.1 Certification Requirements for Petitions under Investigation on 
October 21, 2011

    Statute: Section 231(a)(l)(A) of the TAAEA of 2011 reads:
    (A) CERTIFICATIONS OF WORKERS NOT CERTIFIED BEFORE DATE OF 
ENACTMENT--
    (i) CRITERIA IF A DETERMINATION HAS NOT BEEN MADE--if, as of the 
date of the enactment of this Act, the Secretary of Labor has not made 
a determination with respect to whether to certify a group of workers 
as eligible to apply for adjustment assistance under section 222 of the 
Trade Act of 1974 pursuant to a petition described in clause (ii), the 
Secretary shall make that determination based on the requirements of 
section 222 of the Trade Act of 1974, as in effect on such date of 
enactment.
    Administration: The 2011 Amendments provide that, for any petition 
filed after February 13, 2011 (February 14, 2011) and on or before 
October 21, 2011 (petitions with numbers ranging from TA-W-80,000-
80,999), for which an investigation is still pending, a determination 
will be issued based on the group eligibility provisions of the 2011 
Act. OTAA's investigation of these petitions under the provisions of 
the 2011 Act does not require any action on the part of the petitioners 
or the state.

A.2.2 Reconsideration of Determinations Issued Before October 21, 2011, 
Denying Certification of Petitions

    Statute: Section 231 (a)(l)(ii) of the TAAEA reads:
    (ii) RECONSIDERATION OF DENIALS OF CERTIFICATIONS -before the date 
of the enactment of this Act, the Secretary made a determination not to 
certify a group of workers as eligible to apply for adjustment 
assistance under section 222 of the Trade Act of 1974 pursuant to a 
petition described in clause (iii), the Secretary shall--
    (I) reconsider that determination; and
    (II) if the group of workers meets the requirements of section 222 
of the Trade Act of 1974, as in effect on such date of enactment, 
certify the group of workers as eligible to apply for adjustment 
assistance.
    Administration: The 2011 Amendments require OTAA to reopen 
investigations of any petitions filed after February 13, 2011 (February 
14, 2011) and on or before October 21, 2011, identified by a petition 
number between TA-W-80,000 and 80,999, that resulted in a denial of a 
certification by OTAA before October 21, 2011. This includes petitions 
that were denied after reconsideration before October 21, 2011 or were 
under a reconsideration investigation on or before October 21, 2011. 
This action is necessary to determine worker group eligibility under 
the new provisions of the 2011 Act. A list of the petitions for which 
OTAA has reopened investigations has been posted on the Web site at 
www.dolela.gov/tradeact/pdf/80000Denials.pdf.
    Neither states nor petitioners need take any action to reopen these 
investigations. OTAA will investigate and decide these petitions based 
on the group eligibility criteria of the 2011 Amendments. Workers 
covered under certifications of these petitions will be eligible for 
benefits and services under either the 2002 Program or the 2011 Program 
if they are receiving benefits under the 2002 Program before December 
19, 2011, as explained below in sections A.2.3.1-A.2.4.1. There are no 
changes to the appeal procedures applicable to determinations denying 
certification of these petitions.

A.2.2.1 Workers Denied Group Eligibility to Apply for ATAA

    No separate group eligibility certification is required for a 
worker to apply for RTAA under the 2011 Amendments. Therefore, OTAA 
does

[[Page 31883]]

not need to reopen investigations of petitions in the range of TA-W-
80,000-80,999 where the worker group was certified for TAA, but denied 
group eligibility to apply for ATAA. In these cases, workers covered 
under certifications of petitions numbered TA-W-80,000-80,999, who are 
eligible for benefits under the 2011 Program (as described in 
paragraphs A.2.3), will automatically be eligible to apply for RTAA 
beginning, as explained in Section A.2.3, below, on December 20, 2011.

A.2.3 Program Benefits for Workers Covered Under Certifications of 
Petitions Numbered TA-W-80,000- 80,999

    Statute: Section 231(a)(1)(B) of the TAAEA of 2011 reads:
    (B) ELIGIBILITY FOR BENEFITS.--
    (i) IN GENERAL.--Except as provided in clause (ii), a worker 
certified as eligible to apply for adjustment assistance under section 
222 of the Trade Act of 1974 pursuant to a petition described in 
subparagraph (A)(iii) shall be eligible, on and after the date that is 
60 days after the date of the enactment of this Act, to receive 
benefits only under the provisions of chapter 2 of title II of the 
Trade Act of 1974, as in effect on such date of enactment.
    Section 231 (a)(1)(A)(iii), referred to above as ``subparagraph 
(A)(iii),'' reads:
    (iii) Petition Described--A petition described in this clause is a 
petition for a certification of eligibility for a group of workers 
filed under section 221 of the Trade Act of 1974 on or after February 
13, 2011, and before the date of the enactment of this Act.
    Administration: In general, the benefits and services available 
under the 2011 Amendments will be available beginning on December 20, 
2011, the date that is 60 days after October 21, 2011, to workers 
covered under certifications of petitions numbered TA-W-80,000-80,999.

A.2.3.1 2002 Program Benefits Available Between October 21, 2011 and 
December 20, 2011

    Until December 20, 2011, workers covered under certifications of 
petitions numbered TA-W-80,000-80,999 will be eligible to apply for 
only the benefits and services available under the 2002 Program. The 
state must notify these workers that if they begin receiving benefits 
services available under the 2002 Program before that date, they will 
be given a choice to switch to the 2011 Program after December 20, 
2011, as discussed in section A.2.4.

A.2.3.2 2011 Program Benefits Available on or After December 20, 2011

    Workers covered under certifications of petitions numbered TA-W-
80,000-80,999 who first apply for benefits and services on or after 
December 20, 2011, (the end of the 60-day period following enactment of 
the 2011 Amendments), are only eligible to apply for the benefits and 
services available under the 2011 Program. States must provide these 
workers timely notice that they are eligible to apply for the 2011 
Program benefits and services.

A.2.3.3 Notice of 2011 Program Benefits Available on or After December 
20, 2011, to Adversely Affected Incumbent Workers

    Training is a benefit available to ``adversely affected incumbent 
workers'' under both the 2009 Program and the 2011 Program. TEGL No. 
22-08, section D.2. defines ``adversely affected incumbent worker'' and 
explains the benefits available to these workers. Certifications of 
petitions numbered TA-W-80,000-80,999 issued before October 21, 2011, 
do not include adversely affected incumbent workers because those 
certifications were made under the 2002 Amendments that were in effect 
at the time of certification. Under the 2011 Amendments, adversely 
affected incumbent workers become eligible for training as provided 
under the 2009 Amendments, beginning 60 days after enactment as 
discussed in paragraphs 2.3.and 2.4. The training benefit for adversely 
affected incumbent workers is explained in TEGL No. 22-08, sections 
D.2.2-D.2.4. Adversely affected incumbent workers also are eligible for 
part time training, as discussed in TEGL No. 22-08, section D.2.5.
    OTAA will not amend these certifications issued before October 21, 
2011, to expressly include adversely affected incumbent workers. 
However, states must contact the employers of workers covered by 
certifications of petitions in the 80,000-80,999 series, obtain an 
expanded list of workers in the worker group who are threatened with 
separation but have not been separated from employment, determine which 
workers are adversely affected incumbent workers, and provide 
information to them about the availability of the training benefit 
under the 2011Amendments beginning on December 20, 2011.

A.2.3.4 Notice of 2011 Program Benefits Available After December 20, 
2011 to Older Workers

    RTAA is a benefit available to older workers under the 2011 
Program. States must automatically review determinations denying a 
worker covered under a certification of a petition numbered TA-W-
80,000-80,999 individual eligibility for ATAA. If the denial was based 
on an eligibility criterion that does not apply to eligibility for RTAA 
(e.g., did not obtain full time employment by the 26th week after 
separation), then the state must notify the worker that the option to 
apply for benefits under the RTAA program may be available, as 
discussed in paragraph A.2.4 of this TEGL if the worker is receiving 
TAA benefits and services. States may provide information to the worker 
in a separate notice.

A.2.4 Workers Receiving Benefits under the 2002 Program Continue to 
Receive Benefits under the 2002 Program Unless They Elect to Change

A.2.4.1 Workers Eligible to Choose the 2002 Program or the 2011 Program

    Statute: Section 231(a)(1)(B)(ii) of the TAAEA of 2011 reads:
    (ii) ELECTION FOR WORKERS RECEIVING BENEFITS ON THE 60TH DAY AFTER 
ENACTMENT.--
    (1) IN GENERAL.--A worker certified as eligible to apply for 
adjustment assistance under section 222 of the Trade Act of 1974 
pursuant to a petition described in subparagraph (A)(iii) who is 
receiving benefits under chapter 2 of title II of the Trade Act of 1974 
as of the date that is 60 days after the date of the enactment of this 
Act may, not later than the date that is 150 days after such date of 
enactment, make a one-time election, to receive benefits pursuant to--
    (aa) the provisions of chapter 2 of title II of the Trade Act of 
1974, as in effect on such date of enactment; or
    (bb) the provisions of chapter 2 of title II of the Trade Act of 
1974, as in effect on February 13, 2011.
    Administration: Beginning on December 20, 2011, workers who are 
covered under the certification of a petition numbered TA-W-80,000-
80,999 and have not received benefits or services under the 2002 
program as of this date will automatically become eligible for the 2011 
Program, as described in paragraph 2.3. These workers will not be 
eligible for the 2002 Program.
    For the 90-day period beginning on December 20, 2011, workers who 
are covered under the certification of a

[[Page 31884]]

petition filed after February 13, 2011 (February 14, 2011) and on or 
before October 21, 2011, and are ``receiving TAA benefits'' (as defined 
below) on December 20, 2011, are eligible to choose to continue in the 
2002 Program, or move to the 2011 Program, as described further below. 
These workers have a one-time opportunity, beginning on day 60 
(December 20, 2011) and continuing through day 150 (March 19, 2011) 
after the Enactment Date (October 21, 2011), to choose coverage under 
either the 2002 Program or the 2011 Program.
    Therefore, workers eligible to choose must make this choice on or 
after December 20, 2011, and no later than March 19, 2012. Unless they 
make the choice discussed in this paragraph within the statutory time 
period, workers who are covered by petitions numbered TA-W-80,000-
80,999 who have received benefits under the 2002 Program will continue 
to receive benefits under the 2002 Program.
    The requirement that such workers must be offered a choice between 
the 2002 Program and the 2011 Program means that states must offer 
workers who have received a first TAA-funded benefit or service before 
the 60th day after the Enactment Date the choice of continuing with 
their existing 2002 Program benefits and services, or changing to the 
2011 Program level of benefits and services. States must determine 
whether a worker ``is receiving benefits under chapter 2 of title II of 
the Trade Act of 1974 as of the 60th day after enactment,'' which is 
December 20, 2011.
    A worker is ``receiving TAA benefits'' under one or more of the 
following circumstances:
    1. Training Waiver: A training waiver is in effect for the worker 
on December 20, 2011; or
    2. Training: The worker has an approved training plan and is 
enrolled in training, participating in training, or has completed 
training by December 20, 2011; or
    3. Job Search and Relocation Allowances: The worker has been 
approved for a job search or relocation allowance, even if the payment 
has not yet occurred on or before December 20, 2011; or
    4. Trade Readjustment Allowances (TRA) and ATAA: The worker has 
received a payment of either TRA or ATAA for a week before, or for the 
week that includes, December 20, 2011.
    Workers who fall into this category will be allowed to exercise a 
one-time election to either continue to receive benefits and services 
under the 2002 Program; or choose to apply for benefits and services 
available under the 2011 Program. States are required to notify 
eligible TAA enrollees of this one time election option and document 
their choice of program in a document, which must be retained in the 
worker's case file. States must provide workers with information on the 
benefits and services available under the 2002 Program and the 2011 
Program and make available counseling services to discuss the pros and 
cons of each option as it applies to the worker's individual situation.
    States must develop an internal process to track under which 
program the worker is being served. This may include adding a suffix to 
the certification number in state case management systems to identify a 
worker who originally began receiving benefits and services under the 
2002 Amendments, and later elected to begin receiving benefits and 
services under the 2011 Amendments.
    Note that, HCTC is not a TAA-funded benefit and, under the 2002 
Program, neither were employment and case management services. 
Therefore, workers who have received only HCTC or initial employment 
and case management services through the One-Stop system, and who have 
not received one or more of the benefits and services listed above, 
will not be eligible to choose to receive benefits and services under 
the 2002 Program. These workers will automatically receive benefits 
under the 2011 Program.

A.2.4.2 Workers Who Elect to Receive Benefits Under the 2011 Program 
Computation of Maximum Benefits

    Statute: Section 231(a)(1)(B)(ii)(III) of the TAAEA reads:
    (III) COMPUTATION OF MAXIMUM BENEFITS--Benefits received by a 
worker described in subclause (I) under chapter 2 of title II of the 
Trade Act of 1974, as in effect on February 13, 2011, before the worker 
makes the election described in that subclause shall be included in any 
determination of the maximum benefits for which the worker is eligible 
under the provisions of chapter 2 of title II of the Trade Act of 1974, 
as in effect on the date of the enactment of this Act, or as in effect 
on February 13, 2011, whichever is applicable after the election of the 
worker under subclause (I).
    Administration: Workers who elect to receive benefits under the 
2011 Program on or after December 20, 2011 and before March 20, 2012, 
will transition from the 2002 Program to the 2011 Program beginning 
with the first week following the date on which the state documents 
that the worker made the choice. Any benefits or services received by 
the worker before the choice apply toward the maximum benefits the 
worker may receive under the 2011 Amendments. In particular, this 
includes both weeks of TRA and weeks of training received.
    In general, for workers receiving benefits under the 2002 Program 
who have not enrolled in training and choose to move to the 2011 
Program, the applicable training enrollment deadlines will be those 
described in TEGL No. 22-08. Such workers who were approved for a 
waiver of the training requirement under the 2002 Act based on Recall, 
Marketable Skills, or Retirement, who choose to move to the 2011 
Program will no longer be eligible for that waiver. States must revoke 
those waivers, after the choice is made and the worker must be enrolled 
in training to continue to be eligible for TRA (or the state must issue 
a waiver under one of the reasons allowable under the 2011 Amendments).
    For workers whose waiver was revoked, the applicable deadline for 
training enrollment is the later of: the last day of the 26th weeks 
after the worker's most recent total separation or the last day of the 
26th week after the date of the certification, or the Monday of the 
first week occurring 30 days after the date on which the state revoked 
the waiver, as described in TEGL No. 22-08.
    When applicable, states must amend training plans of workers who 
have enrolled in training and choose to move to the 2011 Program to 
establish benchmarks necessary for states to determine whether those 
workers are eligible for Completion TRA, as described below in section 
C.3.

A.2.4.3 Eligible Workers Who Fail to Make an Election between December 
20, 2011 and before March 19, 2012, Continue in the 2002 Program

    Statute: Section 231(a)(2)(B)(ii)(II) of the TAAEA reads:
    (II) EFFECT OF FAILURE TO MAKE ELECTION--A worker described in 
subclause (I) who does not make the election described in that 
subclause on or before the date that is 150 days after the date of the 
enactment of this Act shall be eligible to receive benefits only under 
the provisions of chapter 2 of title II of the Trade Act of 1974, as in 
effect on February 13, 2011.
    Administration: The window for exercising this one-time choice 
option closes on March 19, 2012, the date that is 150 days after 
enactment, and eligible workers who fail to make this choice will 
continue to receive benefits and services under the provisions in the 
2002 Amendments. As appropriate, a worker who appeals the denial of a

[[Page 31885]]

benefit under the 2011 Program based on a state's alleged failure to 
provide timely or complete notice of the choice option and deadline, 
may assert that equitable tolling applies to that deadline. TEGL No. 
08-11 provides guidance on the application of the equitable tolling 
principle to TAA deadlines. The application of equitable tolling'--as 
described in TEGL No. 08-11, applies to this deadline even though it 
was not named in the TEGL because it was not in effect on the date on 
which ETA issued the TEGL.

A.3 Petitions filed after October 21, 2011

A.3.1 2011 Program Benefits Available to Workers Covered by 
Certifications of Petitions filed on or after October 21, 2011

    Statute: Section 201(b) of the TAAEA reads:
    (b) APPLICABILITY OF CERTAIN PROVISIONS--Except as otherwise 
provided in this subtitle, the provisions of chapters 2 through 6 of 
Title 1 of the Trade Act of 1974, as in effect on February 12, 2011 and 
as amended by this subtitle, shall--
    (1) take effect on the date of the enactment of this Act; and
    (2) apply to petitions for certification filed under chapters 2, 3, 
or 6 of title II of the Trade Act of 1974 on or after such date of 
enactment.
    Administration: Workers covered by certifications of petitions 
filed on or after October 21, 2011, are subject only to the provisions 
of the 2011 Amendments. OTAA has begun a new TA-W numbering series for 
petitions filed under the 2011 Amendments, beginning with TA-W 81,000. 
Workers covered by petitions filed on or after October 21, 2011, 
identified by a petition number greater than TA-W-81,000 are subject to 
the provisions of the 2011 Amendments, as implemented in these 
Operating Instructions, as well as regulations codified at 20 CFR parts 
617 and 618, and 29 CFR part 90, to the extent that those regulations 
have not been superseded by the 2011 Amendments.

A.3.2 Extended Impact Date for Certifications of Petitions Filed Within 
90 Days of October 21, 2011

    Statute: Section 231(a)(3) of the Trade TAAEA reads:
    (3) QUALIFYING SEPARATIONS WITH RESPECT TO PETITIONS FILED WITHIN 
90 DAYS OF DATE OF ENACTMENT--Section 223(b) of the Trade Act of 1974, 
as in effect on the date of the enactment of this Act, shall be applied 
and administered by substituting ``before February 13, 2010'' for 
``more than one year before the date of the petition on which such 
certification was granted'' for purposes of determining whether a 
worker is eligible to apply for adjustment assistance pursuant to a 
petition filed under section 221 of the Trade Act of 1974 on or after 
the date of the enactment of this Act, and on or before the date that 
is 90 days after such date of enactment.
    Administration: In general, certifications cover workers separated 
from employment up to one year before the date of the petition. This 
date is known as the ``impact date'' of the certification. The 2011 
Amendments provide that all certifications of petitions filed within 90 
days of the date of enactment of the 2011 Amendments, which is January 
19, 2012, include workers separated on or after February 13, 2010, 
instead of the one-year impact date that applies to certifications of 
all other petitions.
    For example, since the date of enactment is October 21, 2011, if 
the date of the petition is January l, 2012, which is fewer than 90 
days after October 21, 2011, a certification of that petition will 
cover workers separated on or after February 13, 2010. When a petition 
dated more than 90 days after the date of enactment (January 19, 2012) 
is certified, the one-year impact date will apply, and the 
certification will no longer cover workers separated more than one year 
before the petition date.
    The determination documents certifying petitions clearly identify 
the impact date and expiration date for each certification, and will 
use the impact date of February 13, 2010, where appropriate. This means 
that workers covered by certifications of petitions filed between 
October 21, 2011, and January 19, 2012, will have an earlier impact 
date than certifications of petitions dated between February 14, 2011 
and October 20, 2011. This could cause confusion and complaints when 
workers who were denied eligibility for TAA because they were laid off 
more than a year before the date of the petition, learn that there are 
other workers who were laid off more than a year before the date of the 
petition, who were determined to be eligible. States should be prepared 
to explain that this difference in treatment was directed by the 
statute.

B. GROUP ELIGIBILITY

    The TAAEA generally restores the group eligibility requirements 
available under the 2009 Amendments, except that workers in a public 
agency are not eligible for certification. For more information on 
group eligibility benefits under the 2009 Amendments, see Section B of 
TEGL No. 22-08, pages A-4 through A-14. Except as noted, the provisions 
of Section B below apply to determinations made under the 2011 
Amendments. Note that Section B.2. of TEGL No. 22-08 does not apply 
under the 2011 Amendments.
    Statute: Section 211(a)(1) of the TAAEA amends Section 222 of the 
Trade Act of 1974 (19 U.S.C. Sec.  2272), Group Eligibility 
Requirements by striking subsection (b), Adversely Affected Workers in 
Public Agencies. Section 211(b) of the TAAEA amends Section 247 of the 
Trade Act of 1974 (19 U.S.C. Sec.  2319) to redefine the term ``Firm'' 
in paragraph (3)(A), by striking ``service sector firm, or public 
agency'' and inserting ``or service sector firm'' and to strike the 
definition of ``public agency.''
    Administration: Worker group coverage under the 2011 Act is 
restored to the coverage provided under the 2009 Act, with the 
exception of coverage for workers in public agencies. Trade-Affected 
Workers may include workers in firms that produce articles and workers 
in service sector firms, based on:
    1. increased imports of like or directly competitive articles or 
services; or
    2. increased imports of a finished article for which the workers' 
firm produces component parts or supplies services; or
    3. increased imports of articles directly incorporating foreign 
components that are like or directly competitive with the component 
parts made by U.S. workers; or
    4. shifts in production of articles or supply of services to any 
foreign country; or
    5. workers in firms that supply component parts or services to 
firms with TAA-certified workers or perform additional, value-added 
production processes to firms with TAA-certified workers; or
    6. workers in firms identified in International Trade Commission 
``injury'' determinations.
    The 2011 Amendments also eliminate separate group eligibility for 
Alternative Trade Adjustment Assistance, as RTAA is a benefit available 
to all eligible workers aged 50 and over covered under the TAA 
certification. See section H. below. Worker group coverage provisions 
are effective immediately.

C. CHANGES TO TRADE READJUSTMENT ALLOWANCES (TRA)

    The Trade Adjustment Assistance Extension Act of 2011 generally 
restores

[[Page 31886]]

the TRA benefits and eligibility available under the 2009 Amendments, 
but makes important changes. The maximum number of weeks of income 
support for workers in the 2002 Program is 130; 156 weeks for workers 
in the 2009 Program, and 130 weeks for workers in the 2011 Program. 
However, the eligibility requirements for the weeks of TRA available 
under the 2002 Program and the 2011 Program are different and those 
differences are explained below, along with the differences in TRA 
available under the 2009 Program. Note: Meeting training benchmarks is 
an eligibility requirement for Completion TRA, as explained below in 
section C.3.1.
    For more information on TRA benefits under the 2009 Amendments, see 
Section C of TEGL No. 22-08, pages A-14 through A-30, and its Change 1. 
Except as noted below, the provisions of Section C apply to workers 
served under the 2011 Amendments. Note: that sections C.3, C.5.1, and 
C.5.2 change significantly under the Trade Adjustment Assistance 
Extension Act of 2011.

C.l. Elimination of Remedial TRA

    The eligibility period for the receipt of TRA is not extended for 
weeks of participation in remedial or prerequisite training (as it was 
under the 2009 Amendments), and the 26 weeks of TRA referred to as 
Remedial TRA is no longer payable.
    Statute: Section 213 of the TAAEA amends Section 233 of the Trade 
Act of 1974 (19 U.S.C. Sec.  2293), Limitations on Trade Readjustment 
Allowances, by replacing the language in subsection (f) authorizing 
Remedial TRA for workers in training including remedial and/or 
prerequisite coursework with language authorizing Completion on TRA, 
Section 213(f) appears below under section C.3.
    Administration: The TAAEA eliminates Remedial TRA as a ``category'' 
of TRA, although remedial and prerequisite training should continue to 
be part of an approved training plan where appropriate. However, the 
inclusion of remedial and prerequisite training in a worker's training 
plan will no longer result in the worker's eligibility for up to 26 
additional weeks of TRA.
    Workers covered under certifications of petitions numbered TA-W-
80,000-80,999, who have been approved for Remedial TRA as part of their 
approved training plan under the 2002 Program, will continue to be 
eligible for such payments if they do not exercise their choice to 
change to the 2011 Program, as discussed above in section A.2.4.

C.2 Reductions in Weeks of Additional TRA

    The TAAEA changes the maximum number of Additional TRA weeks 
payable to 65, a reduction from the maximum of 78 weeks payable under 
the 2009 Amendments. Additionally, the maximum of 65 weeks of payments 
are payable over a period of 78 weeks, a reduction from the 91-week 
eligibility period under the 2009 Amendments.
    Statute: Section 213 of the TAAEA amends Section 233(a)(3) of the 
Trade Act to read:
    (3) Notwithstanding paragraph (I), in order to assist the adversely 
affected 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: A maximum of 65 weeks of Additional TRA are payable 
over a 78-consecutive calendar week eligibility period. This 78-week 
eligibility period follows the last week of entitlement to Basic TRA or 
begins with the first week of TAA-approved training, if that training 
begins after the last week of the exhaustion of Basic TRA. The other 
eligibility provisions for Additional TRA contained in the 2009 
Amendments apply. These provisions are discussed in TEGL No. 22-08, 
section C.5.2.

C.3 Availability of Completion TRA

    The TAAEA establishes a new category of TRA, referred to here as 
``Completion TRA,'' to provide up to 13 more weeks of income support 
for a worker who has exhausted the maximum 65 weeks of Additional TRA 
and requires a longer period of income support to complete an approved 
training program. Workers eligible for Completion TRA must have met 
training benchmarks described in paragraph C.3.1.
    Statute: Section 213 of the TAAEA amends the section 233(f) of the 
Trade Act to read:
    (f) 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.
    Administration: Under the 2011 Amendments, in addition to Basic TRA 
and Additional TRA, up to 13 weeks of Completion TRA may be payable to 
assist a worker to complete training that leads to a degree or 
industry-recognized credential. Assuming a worker meets the other TRA 
eligibility requirements, the worker qualifies for up to 13 weeks of 
Completion TRA where all of the following five criteria are met:
    1. The requested weeks are necessary for the worker to complete a 
training program that leads to completion of a degree or industry-
recognized credential, as described in TEGL No. 15-10; and
    2. The worker is participating in training in each such week; and
    3. The worker has substantially met the performance benchmarks 
established in the approved training plan (see section C.3.l); and
    4. The worker is expected to continue to make progress toward the 
completion of the approved training; and
    5. The worker will be able to complete the training during the 
period authorized for receipt of Completion TRA (see section C.3.2).
    These requirements are applied at the time the state approves 
payment for a week of Completion TRA. If, during the period in which a 
worker is eligible to receive Completion TRA, the worker ceases to meet 
any of the five conditions

[[Page 31887]]

listed above, the state may no longer pay Completion TRA. For example, 
if a worker has been meeting training benchmarks and was expected to 
complete training within the established period, but at the point of 
payment of week 5, there is an indication that training will not be 
completed within the established period, Completion TRA payments will 
cease. However, weeks of Completion TRA previously paid based on 
information that was correct at the time of payment are properly paid, 
and therefore, states must not treat them as overpayments.

C.3.1 Training Benchmarks to Meet Completion TRA Eligibility 
Requirements

    To implement Completion TRA under the 2011 Amendments, a state must 
establish training benchmarks for a worker when the worker enrolls in 
training to be able to monitor the worker's progress toward completing 
the approved training within the 130- week maximum duration of 
training, as described below in section D. The worker must 
substantially meet benchmarks to receive Completion TRA, therefore, 
benchmarks must be included in all but short-term training plans. These 
benchmarks must be flexible enough to allow for some variability (e.g., 
a single course failure or missed week of attendance should not make 
the worker ineligible), and both practical and measurable enough to 
allow administration across a broad spectrum of training scenarios and 
state environments.
    These benchmarks are related to, but differ from, the requirement 
that a worker ``participate in training'' as a condition of eligibility 
for TRA. ``Participation in training'' merely requires that a worker 
must attend scheduled classes, required events or otherwise follow the 
rules of the training program in accordance with the requirements 
documented by the training institution, while benchmarks measure 
satisfactory progress of the worker who is participating in training.
    In order to determine that the worker has ``substantially met the 
performance benchmarks established in the approved training plan'' 
states must evaluate satisfactory progress against only the following 
two benchmarks at intervals of no more than 60 days, beginning with the 
start of the training plan, to determine whether the worker is:
    1. maintaining satisfactory academic standing (e.g., not on 
probation or determined to be ``at risk'' by the instructor or training 
institution), and
    2. on schedule to complete training within the timeframe identified 
in the approved training plan.
    For this review, a state may request the training vendor to provide 
documentation of the worker's satisfactory progress. The case manager 
may attest to the worker's satisfactory progress after consultation 
with the vendor and the worker. The state may request that the worker 
provide documentation of the worker's satisfactory progress towards 
meeting the training benchmarks from the vendor, such as through 
instructor attestations.
    Regardless of the mechanisms used, the training benchmarks must be 
described in the worker's Individual Employment Plan.
    Upon one substandard review of the established benchmarks, the 
worker will be given a warning, while two substandard reviews must 
result in a modification to the training plan, or the worker will no 
longer be eligible for Completion TRA. In this way, the training 
benchmarks may be used to provide early intervention that will provide 
the opportunity to determine whether the training plan in place is 
appropriate for the individual or would be prudent to revise.
    In cases where a state denies payment of Completion TRA because the 
worker has not made satisfactory progress towards completing 
benchmarks, a worker may appeal the determination through the same 
appeal process available when other claims for TRA are denied.

C.3.2 Completion TRA Eligibility Period Established by the Secretary

    The amended section 233(f) of the Trade Act gives the Secretary 
discretion to establish the eligibility period within which the 13 
weeks of Completion TRA are payable and training must be completed in 
order to meet the Completion TRA eligibility requirements. In order to 
account for breaks in training, the Secretary has determined that the 
eligibility period for Completion TRA will be the 20-week period 
beginning with the first week in which a worker files a claim for 
Completion TRA.
    ``Justifiable cause,'' as used in section 233(f) of the Trade Act, 
is interpreted as having the same meaning as used in section 233(h) of 
the Act. That section provides for the extension of the eligibility 
periods for basic and additional TRA when the Secretary determines 
there is ``justifiable cause.'' Accordingly, the definition of 
``justifiable cause'' for section 233(h) in TEGL No. 22-08, section 
C.6.2, applies to section 233(f). ``Justifiable cause'' means 
circumstances beyond the worker's control. Examples of justifiable 
cause for extending the Completion TRA eligibility period include 
situations where the provider changes the requirements of a training 
program while the program is in progress, where a course or courses are 
cancelled, and where required courses are not offered in accordance 
with the originally anticipated schedule, and the state is unable to 
identify an alternative that will allow for completion of the training 
program within the 20 week period. However, an extension will not 
increase the maximum number of payable Completion TRA weeks above 13.

C.3.3 Completion TRA Eligibility for Workers Choosing the 2011 Program

    Workers covered under certifications of petitions filed after 
February 13, 2011 (February 14, 2011), and on or before October 21, 
2011, who receive benefits and services under the 2002 program until 
December 20, 2011, and who choose to change to the 2011 Program, as 
discussed in paragraph A.2.3 above. The same requirements for 
Completion TRA that apply to workers covered under certifications of 
petitions filed after the date of enactment will apply to these 
workers.
    Accordingly, where a worker changes to the 2011 Program, the state 
must take prompt action to review the training plan already in place 
for that worker. Unless the approved plan is for very short-term 
training, such as a 3-month certificate program, the state must amend 
that plan to establish benchmarks to determine the worker's 
satisfactory progress towards meeting those benchmarks for the worker 
to receive the maximum 13 weeks of Completion TRA.

C.4 Maximum Number of Weeks of TRA

    The maximum number of weeks of TRA for which a worker may be 
eligible includes the maximum number of weeks payable for Basic TRA, 
Additional TRA and Completion TRA, or 130 weeks. Basic TRA is payable 
for up to 52 weeks following separation, minus any weeks of 
unemployment insurance (UI) to which the worker was entitled (or would 
have been entitled if the worker had applied) in the first benefit 
period, to workers who completed or are enrolled in or participating in 
TAA -approved training, or are covered under one of the remaining 
training waivers.
    Following Basic TRA eligibility, up to 65 weeks of Additional TRA 
is payable in the 78-week period that follows the

[[Page 31888]]

last week of entitlement to Basic TRA or beginning with the first week 
of approved training if the training begins after the last week of 
entitlement to Basic TRA. Additional TRA remains payable to only those 
trade-affected workers actually participating in TAA-approved training. 
With the addition of Completion TRA, workers who meet the eligibility 
requirements discussed in C.3.1 and who are actually participating in 
TAA-approved training may receive up to another 13 weeks of TRA, 
bringing the total maximum number of weeks of TRA payable to 130 weeks.

C.5. Reduction in Types of Waivers of the Training Requirement

    Basic TRA is only payable if a worker is enrolled in TAA-approved 
training, is participating in TAA-approved training, has received a 
waiver of the requirement to participate in TAAapproved training, or 
has completed TAA-approved training. Under both the 2002 Amendments and 
the 2009 Amendments, a state may issue a waiver of the training 
requirement for Basic TRA after determining that training is not 
feasible or appropriate for the worker for the following six reasons:
    (1) Recall.--The worker has been notified that the worker will be 
recalled by the firm from which the separation occurred.
    (2) Marketable Skills.--
    (i) In General.--The worker possesses marketable skills for 
suitable employment (as determined pursuant to an assessment of the 
worker, which may include the profiling system under section 303(j) of 
the Social Security Act (42 US.C.503(j)), carried out in accordance 
with guidelines issued by the Secretary) and there is a reasonable 
expectation of employment at equivalent wages in the foreseeable 
future.
    (ii) Marketable Skills Defined.--For purposes of clause (i), the 
term 'marketable skills' may include the possession of a postgraduate 
degree from an institution of higher education (as defined in section 
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or an 
equivalent institution, or the possession of an equivalent postgraduate 
certification in a specialized field.
    (3) Retirement.--The worker is within 2 years of meeting all 
requirements for entitlement to either--
    (i) old-age insurance benefits under title 11 of the Social 
Security Act (42 U.S.C. 401 et. seq.) (except for application 
therefore); or
    (ii) a private pension sponsored by an employer or labor 
organization.
    (4) Health.--The worker is unable to participate in training due to 
the health of the worker, except that this basis for a waiver does not 
exempt a worker from the availability for work, active search for work, 
or refusal to accept work requirements under Federal or State 
unemployment compensation laws.
    (5) Enrollment Unavailable.--The first available enrollment date 
for the worker's approved training 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 
under guidelines issued by the Secretary.
    (6) 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 
Vocational and Technical Education Act of 1998 (20 U.S.C. 2302), and 
employers), no suitable training for the worker is available at 
reasonable cost, or no training funds are available.
    Under the 2011 Amendments, states may no longer issue waivers on 
the grounds of: 1) Recall, 2) Marketable Skills, or 3) Retirement. The 
three remaining grounds for which states can issue waivers are: L) 
Health, 2) Enrollment Not Available, and 3) Training Not Available.
    Statute: Section 212(a) of the TAAEA amends section 231(c) of the 
Trade Act of 1974 (19 U.S.C. Sec.  2291), Waivers of Training 
Requirements, to read:
    (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) if the Secretary 
determines that it is not feasible or appropriate for the worker, 
because of one 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 
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.
    A state may not grant a worker a waiver of the training requirement 
for Basic TRA on the basis of three of the six alternative criteria in 
effect under the 2002 Amendments and 2009 Amendments and described in 
TEGL No. 11-02, section D.3 and TEGL No. 22-08, section, section C.3 of 
Attachment A, respectively: Recall, Marketable Skills, or Retirement. A 
state may continue to issue waivers available under the remaining 
criteria established under the 2002 Amendments: Health of the Worker, 
Enrollment Not Available, and Training Not Available. Therefore, 
workers who meet the requirements of these waiver provisions, as 
described in TEGL No. 11-02, section D.3, may still be eligible for 
Basic TRA without enrolling in training.

C.6. Establishment of a Federal Good Cause Provision for Waiving 
Certain Time Limits

    The TAAEA establishes a new Federal ``good cause'' provision that 
allows for a waiver for good cause of deadlines relating to time 
limitations on filing an application for TRA or enrolling in training. 
This provision supersedes the state good cause provision applicable to 
these deadlines under the 2009 Amendments, as described in section C.7 
of TEGL No. 22-08.
    Statute: Section 212(b) of the TAAEA amends section 234(b) of the 
Trade Act of 1974 (19 U.S.C. Sec.  2294) to read:
    (b) Special Rule on Good Cause for Waiver of Time Limits or Late 
Filing of Claims.--The Secretary shall establish procedures and 
criteria that allow for a waiver for good cause of the time limitations 
with respect to an application for a trade readjustment allowance or 
enrollment in training under this chapter.

[[Page 31889]]

    Administration: Under the 2011 Amendments, states must waive the 
time limitations with respect to an application for a trade 
readjustment allowance or enrollment in training at any time after 
making a determination that there is good cause for issuing a waiver, 
in accordance with the federal standard. The federal standard requires 
states to consider the following factors, if relevant, before waiving 
these time limitations. These factors are:
    1. Whether the worker acted in the manner that a reasonably prudent 
person would have acted under the same or similar circumstances.
    2. Whether the worker received timely notice of the need to act 
before the deadline passed.
    3. Whether there were factors outside the control of the worker 
that prevented the worker from taking timely action to meet the 
deadline.
    4. Whether the worker's efforts to seek an extension of time by 
promptly notifying the state were sufficient.
    5. Whether the worker was physically unable to take timely action 
to meet the deadline.
    6. Whether the worker's failure to meet the deadline was because of 
the employer warning, instructing or coercing the worker in any way 
that prevented the worker's timely filing of an application for TRA or 
to enroll in training.
    7. Whether the worker's failure to meet the deadline was because 
the worker reasonably relied on misleading, incomplete, or erroneous 
advice provided by the state.
    8. Whether the worker's failure to meet the deadline was because 
the state failed to perform its affirmative duty to provide advice 
reasonably necessary for the protection of the worker's entitlement to 
TRA.
    9. Whether there were other compelling reasons or circumstances 
which would prevent a reasonable person under the circumstances 
presented from meeting a deadline for filing an application for TRA or 
enrolling in training including:
     neglect, a mistake, or an administrative error by the 
state;
     illness or injury of the worker or any member of the 
worker's immediate family;
     the unavailability of mail service for a worker in a 
remote area;
     a natural catastrophe such as an earthquake or a fire or 
flood;
     an employer's failure or undue delay in providing 
documentation, including instructions, a determination or notice or 
pertinent and important information;
     compelling personal affairs or problems that could not 
reasonably be postponed such as an appearance in court or an 
administrative hearing or proceeding, substantial business matters, 
attending a funeral, or relocation to another residence or area;
     the state failed to effectively communicate in the 
worker's native language and the worker has limited understanding of 
English;
     loss or unavailability of records due to a fire, flood, 
theft or similar reason.
    Adequate documentation of the availability of the records includes 
a police, fire or insurance report, containing the date of the 
occurrence and the extent of the loss or damage.
    In cases where the cause of the worker's failure to meet the 
deadline for applying for TRA or enrolling in training was the worker's 
own negligence, carelessness, or procrastination, a state may not find 
that good cause exists to allow the state to waive these time 
limitations.

D. TRAINING

    The TAAEA generally restores the provisions of the 2009 Amendments 
on training, including the availability of pre-separation and part-time 
training, but makes important changes, as explained below. For more 
information on training under the 2009 Program, see TEGL No. 22-08, 
section D. Please note changes to the guidance in sections D.1 and D.4 
of TEGL No. 22-08, as explained below; however, all other paragraphs in 
section D, continue to apply.

D.1. Establishing Training Benchmarks

    States must establish benchmarks at the beginning of the worker's 
training program, where the approved training program will extend 
beyond the duration of available Basic and Additional TRA, in order to 
establish eligibility for Completion TRA. In order to ensure workers 
have access to Completion TRA, if needed, States must establish 
benchmarks in all but very short-term training, such as a 3-month 
certificate program, because the establishment of benchmarks is a 
useful practice, which may be required later in the worker's training 
if unanticipated circumstances arise. Inclusion of benchmarks in the 
training plan should be considered when the training plan is initially 
established, and, in the unusual event that benchmarks are not included 
in the initial plan, any time the plan is amended.

D.2. Length of Training

    The 2011 Amendments do not include a specific limitation on the 
length of an approvable training program for a Trade-Affected Worker. 
However, 20 CFR 617.22(f)(2) limits the maximum length of approvable 
training to 104 weeks (during which training is conducted), so that a 
training program would not extend too far beyond the worker's TRA. In 
this respect, the 2011 Act does not change the Trade Act. However, 
consistent with TEGL No. 11-02 and TEGL No. 22-08, we interpret the 
2011 Amendments as allowing the maximum length of an approvable 
training program to match the maximum number of payable weeks of income 
support (UI plus TRA), or 130 weeks during which training is conducted.
    This limitation aligns the maximum durations of training and income 
support, and reflects the fact that for most workers, the availability 
of income support is critical to the ability of the worker to complete 
a training program. However, most workers will not have a full 130 
weeks of income support available at the beginning of training; rather 
most workers will have used some weeks of income support, such as 26 
weeks or more of unemployment insurance, before the first week in which 
training occurs. We interpret the 2011 Amendments as permitting 
approval of training extending beyond the weeks of TRA available to the 
individual worker, as described in section D.5.1 of TEGL No. 22-08. 
However, the appropriate length of training will depend on individual 
circumstances, and Completion TRA is only available to workers whose 
training program will be completed within the eligibility period 
established in Section C.3.2 above.

D.3. Cap on Funding for TAA Training, Other Benefits and Services, and 
Administration

    The annual cap on funds available to states under section 236 of 
the Trade Act is $575 million for FY 2012 and FY 2013, and is a 
prorated portion of this amount for the first quarter of FY 2014. 
Effective FY 2012, however, the 2011 Amendments provide that funding 
for job search allowances, relocation allowances, case management and 
employment services, and state administration of these benefits, as 
well as training, are included under that cap. While this change 
reduces the amount of funding available for training, it allows states 
flexibility to use the available funds to provide the best mix of 
services and benefits for Trade-Affected Workers in their respective 
states.
    Statute: Section 214(a) of the TAAEA amends section 236(a)(2)(A) of 
the

[[Page 31890]]

Trade Act of 1974 (19 U.S.C. Sec.  2296) to read:
    (2)(A) The total amount of funds available to carry out this 
section and sections 235, 237, and 238 shall not exceed--
    (i) $575,000,000 for each of fiscal years 2012 and 2013; and
    (ii) $143,750,000 for the 3-month period beginning on October 1, 
2013 and ending on December 31, 2013.
    Statute: Section 214(c) of the TAAEA amends section 245 of the 
Trade Act of 1974 (19 U.S.C. Sec.  2317) to read:
    (c) REALLOTMENT OF FUNDS.--
    (1) IN GENERAL.--The Secretary may--
    (A) reallot funds that were allotted to any State to carry out 
sections 235 through 238 and that remain unobligated by the State 
during the second or third fiscal year after the fiscal year in which 
the funds were provided to the State, and
    (B) provide such realloted funds to States to carry out sections 
235 through 238 in accordance with procedures established by the 
Secretary.
    Administration: A state's allocation of its portion of the funds 
available under the $575 million cap in funding for training, job 
search allowances, relocation allowances, employment and case 
management services, and associated administration costs is subject to 
two conditions. Under section 235A, quoted below in section G, not more 
than 10 percent of a state's allocation may be used for administration, 
and at least 5 percent must be used to provide case management and 
employment services. Therefore, a state may use more than 5 percent of 
its allocation to provide case management and employment services if it 
determines that greater funds are needed to provide such services to 
adversely affected workers in its state.
    In addition, the 2011 Amendments provide authority for ETA to 
recapture unexpended TAA funds from states that have not fully used 
their funding in the second and third year, and reallocate those funds 
to states with a demonstrated pattern of need.
    Further clarification about funding changes will be provided in 
guidance on the FY 2012 funding allocation.

E. JOB SEARCH ALLOWANCES

    The 2011 Amendments may significantly change a state's 
administration of job search allowances. The statutory changes provide 
greater flexibility to states by allowing them to decide whether to 
offer workers the opportunity to apply for job search allowances, in 
accordance with the amounts of allowance and maximum payment conditions 
described in the section below. The 2011 Amendments do not restore the 
level of job search allowances under the 2009 Amendments, but set the 
level as no more than the level of job search allowances under the 2002 
Amendments. However, the provisions of 20 CFR 617.30 through 617.35 
continue to apply to the delivery of these allowances.
    Statute: Section 214(d)(1) of the TAAEA amends section 237(a) of 
the Trade Act of 1974 (19 U.S.C. Sec.  2297) to read:
    (a) JOB SEARCH ALLOWANCEAUTHORIZED.--
    (1) IN GENERAL.-Each State may use funds made available to the 
State to carry out sections 235 through 238 to allow an adversely 
affected worker covered by a certification issued under subchapter A of 
this chapter to file an application with the Secretary for payment of a 
job search allowance.
    Statute: Section 214(d)(2) of the TAAEA amends section 237(b) of 
the Trade Act of 1974 (19 U.S.C. Sec.  2297) to read:
    (h) AMOUNT OF ALLOWANCE.--
    (1) IN GENERAL.--Any allowance granted under subsection (a) shall 
provide reimbursement to the worker of not more than 90 percent of the 
necessary job search expenses of the worker as prescribed by the 
Secretary in regulations.
    (2) MAXIMUM ALLLOWANCE.--Reimbursement under this subsection may 
not exceed $1,250 for any worker.
    Statute: Section 214(d)(3) of the TAAEA amends section 237(c) of 
the Trade Act of 1974 (19 U.S.C. Sec.  2297) to read:
    (c) EXCEPTION.--Notwithstanding subsection (b), a State may 
reimburse any adversely affected worker for necessary expenses incurred 
by the worker in participating in a job search program approved by the 
Secretary.
    Administration: Job search allowances are no longer entitlements 
for workers who meet the eligibility requirements. Instead, states have 
discretion to decide whether to offer job search allowances as a 
benefit for workers served under the 2011 Program. In addition, states 
will no longer receive separate funds for job search allowances, but 
will receive one allocation that may be used for training, job search 
allowances, relocation allowances, case management and employment 
services, and associated administration costs.
    The 2011 Amendments retain the discretion of the Secretary to 
prescribe regulations for the reimbursement of the cost of necessary 
job search expenses, but provides that the amount of the allowance may 
reimburse the worker for ``not more than 90 percent'' of such expenses. 
The regulations governing the administration of job search allowances 
published at 20 CFR 617.30 through 617.35 remain in effect until such 
time as they are amended through notice and comment rulemaking to 
address the statutory change in section 237(c) of ``90 percent'' to 
``not more than 90 percent.''
    Section 617.35(a) provides for the computation of the amount of a 
job search allowance as ``90 percent of the total costs including each 
of the following allowable transportation and subsistence items'' 
enumerated in that regulation. Because that regulation is not 
inconsistent with the 2011 Amendments, it will continue to apply to job 
search allowances issued under the 2011 Program where states choose to 
offer them as a benefit. However, because the 2011 Amendments provide a 
higher maximum reimbursement amount for a job search allowance, the 
``$800'' in section 617.34(b) is interpreted to be ``$1,250'' Note that 
job search allowances remain an entitlement for workers served under 
the 2002 Program or the 2009 Program.

F. RELOCATION ALLOWANCES

    The 2011 Amendments may significantly change a state's 
administration of relocation allowances. The statutory changes provide 
greater flexibility to states by allowing them to decide whether to 
offer workers the opportunity to apply for relocation allowances, in 
accordance with the amounts of allowance and maximum payment conditions 
described in the section below. The 2011 Amendments do not restore the 
level of relocation allowances of the 2009 Amendments, but set the 
level as no more than the level of relocation allowances under the 2002 
Amendments. However, the provisions of 20 CFR 617.40 through 617.48 
continue to apply to the delivery of these allowances.
    Statute: Section 214(e)(1) of the TAAEA amends section 238(a) of 
the Trade Act of 1974 (19 U.S.C. Sec.  2298) to read:
    (a) RELOCATION ALLOWANCE AUTHORIZED.--
    (1) IN GENERAL.--Each State may use funds made available to the 
State to carry out sections 235 through 238 to allow an adversely 
affected worker covered by a certification issued under subchapter A of 
this chapter to 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.

[[Page 31891]]

    Statute: Section 214(e)(2) of the TAAEA amends section 238(b) of 
the Trade Act of 1974 (19 U.S.C. Sec.  2298) to read:
    (b) AMOUNT OF ALLOWANCE.--Any relocation allowance granted to a 
worker under subsection (a) shall include--
    (1) not more than 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) 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.
    Administration: Relocation allowances are no longer entitlements 
for workers who meet the eligibility requirements. Instead, states have 
discretion on whether to offer relocation allowances as a benefit for 
workers served under the 2011 Program. In addition, states will no 
longer receive separate funds for relocation allowances, but will 
receive one allocation that may be used for training, job search 
allowances, relocation allowances, case management and employment 
services, and associated administration costs.
    The 2011 Amendments retain the discretion of the Secretary to 
prescribe regulations for the reimbursement of the cost of necessary 
expenses, but provide that the amount of the allowance may reimburse 
the worker for ``not more than 90 percent'' of such expenses and a lump 
sum equivalent to 3 times the worker's average weekly wage, up to a 
maximum payment of $1,250. The regulations governing the administration 
of relocation allowances published at 20 CFR 617.40 through 617.48 
remain in effect until such time as they are amended through notice and 
comment rulemaking to address the statutory change in section 237(c) of 
``90 percent'' to ``not more than 90 percent.''
    Sections 617.45 through 617.48 provide for the computation of the 
amount of a relocation allowance as 90 percent of allowable items 
reduced by any amount the individual is entitled to be paid or 
reimbursed for such expenses from any other source, and defines the 
items allowable, the computation of the travel allowance, and the 
computation of the moving allowance. Because those regulations are not 
inconsistent with the 2011 Amendments, they will continue to apply to 
relocation allowances issued under the 2011 Program where states choose 
to offer them as a benefit.
    However, because the 2011 Amendments provide a higher maximum 
reimbursement amount for a relocation allowance, the ``$800'' in 
section 617.45(a)(3) is interpreted to be ``$1,250'' Note that 
relocation allowances remain an entitlement for workers being served 
under the 2002 Program or the 2009 Program.

G. EMPLOYMENT AND CASE MANAGEMENT SERVICES

    The TAAEA restores the employment and case management service 
provisions of section 235A of the 2009 Amendments, except for funding 
for this entitlement as discussed in section D above. The 2011 
Amendments apply to TAA funds only, and not to funds available to 
states under the WIA, or the Wagner-Peyser Act, which also may be used 
to provide employment and case management services to adversely 
affected workers in accordance with WTA regulations. For additional 
information on employment and case management service under the 2009 
Amendments, see TEGL No. 22-08, section G. Except as noted below, the 
provisions of section G apply to workers served under the 2011 
Amendments. Note that section G.2 changes as described below.
    Statute: Section 214(b) of the TAAEA amends section 235A of the 
Trade Act of 1974 (19 U.S.C. Sec.  2295a) to read:
    Of the funds made available to a State to carry out sections 235 
through 238 for a fiscal year, the State shall use--
    (1) not more than 10 percent for the administration of the trade 
adjustment assistance for workers program under this chapter, including 
for--
    (A) processing waivers of training requirements under section 231;
    (B) collecting, validating, and reporting data required under this 
chapter; and
    (C) providing reemployment trade adjustment assistance under 
section 246; and
    (2) not less than 5 percent for employment and case management 
services under section 235.
    Administration: States are once again required to make employment 
and case management services available to adversely affected workers 
and adversely affected incumbent workers. These services may be 
provided using TAA funds or through agreements with partner programs. 
However, states will no longer receive separate funds for employment 
and case management services, but will receive one allocation that may 
be used for training, job search allowances, relocation allowances, 
employment and case management services, and associated administration 
costs. States may use the funds provided to provide case management 
services to meet the needs of Trade-Affected Workers.
    Note that the 2011 Amendments require that states spend at least 5 
percent of the funds received for these purposes to provide employment 
and case management services. The additional $350,000 in separate case 
management funding for each state available under the 2009 Amendments 
has been eliminated.

H. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE (RTAA) PROVISIONS

    The TAAEA restores RTAA, a wage supplement option available to 
older workers. However the TAAEA changed the benefit levels and income 
limit. RTAA provides income support to eligible workers over the age of 
50 who find jobs that pay lower wages than the job from which they were 
separated. RTAA subsidizes a portion of the wage difference between 
their new wages and their old wages. Changes to RTAA under the 2011 
Amendments are explained below. For additional information on RTAA 
under the 2009 Amendments, see TEGL No. 11-02, Section H. Except as 
noted below, the provisions of Section H apply to workers served under 
the 2011 Amendments. Note that Sections H.3 and H.5 change as described 
below.
    Under the 2011 Amendments, the maximum benefit amount is up to 
$10,000, paid over a period of up to two years. To be eligible for 
RTAA, a worker must earn less $50,000 in annual salary when reemployed, 
and must meet other eligibility criteria that also applied to ATAA 
applicants.
    Statute: Section 215 of the TAAEA reads:
    (a) IN GENERAL.--section 246(a) of the Trade Act of 1974 (19 US.C. 
2318(a)) is amended--
    (1) in paragraph (3)(B)(ii), by striking ``$55,000'' and inserting 
``$50,000''; and
    (2) in paragraph (5)--
    (A) in subparagraph (A)(i), by striking ``$12,000'' and inserting 
``$10,000''; and
    (B) in subparagraph (B)(i), by striking ''$12,000 ''and inserting 
''$10,000''.
    Administration: The TAAEA reinstates the structure of the RTAA 
program under the 2009 Program, but at the income eligibility limit and 
maximum benefit amount of the ATAA program. Under the 2011 Amendments, 
the new employment that qualifies the worker for RTAA must not pay more 
than $50,000 annually. Under the 2011 Amendments, the maximum benefit

[[Page 31892]]

amount is up to $10,000, paid over up to two years.
    Under the 2011 Amendments, RTAA does not require a separate group 
certification and workers may receive training while receiving this 
benefit, as explained in TEGL No. 22-08 and its Change 1.

I. STATE OPERATIONS

    The TAAEA reinstates the State Operations provisions explained in 
TEGL No. 22-08, Section II, including the alien verification 
requirements and the requirement to implement control measures. The 
TAAEA changes the performance measures and reporting requirements; 
however, those changes do not go into effect until FY 2013. ETA will 
issue further instructions to states to allow ample time for 
programming these changes before October 1, 2012.

J. HEALTH COVERAGE TAX CREDIT (HCTC)

    Subtitle B of the TAAEA retroactively reinstates a number of HCTC 
enhancements that were available to workers under the 2009 Program, and 
increases the credit rate from 65 percent under the 2002 Program to 
72.5 percent reimbursement of health insurance costs for eligible 
participants. This HCTC is retroactive to February 13, 2011 for workers 
who were eligible during that time period, and payment for monthly 
premiums going forward will apply to coverage months beginning with the 
month 30 days after enactment of the 2011 Amendments.
    These changes apply to all eligible workers, regardless of whether 
they are being served under the 2002 Program, the 2009 Program, or the 
2011 Program, including workers who choose to switch from the 2002 
Program to the 2011 Program and those who remain in the 2002 Program. 
For additional information on HCTC provisions under the 2009 Program, 
see UIPL No. 21-09 and https://www.irs.gov/individuals/article/0,,id=187948,00.html.
    Administration: The Internal Revenue Service administers the HCTC, 
which helps ``eligible TAA recipients'' and ``eligible alternative TAA 
recipients'' and other eligible workers and their families pay for 
their qualified health insurance premiums. ``Eligible alternative TAA 
recipients'' includes ATAA recipients and RTAA recipients. The TAAEA 
restores the ``Special Rule'' as described in UIPL No. 21-09 that 
expands the definition of an ``eligible TAA recipient.'' An eligible 
TAA recipient continues to be a worker who receives Trade Readjustment 
Allowances (TRA) for any day of a month (and the next subsequent month) 
or who would receive TRA but for the fact that s/he has not exhausted 
UI entitlement, and is potentially eligible for HCTC for that month.
    The restored special rule expands that definition to also include: 
1) a worker who is in a break in approved training that exceeds 30 
days, and the break falls within the period for receiving TRA provided 
under the section 233 of the Trade Act; or, 2) who is receiving UI for 
any day of such month and would be eligible to receive TRA (except that 
s/he has not exhausted UI) for such month, without regard to the 
enrollment in training requirements.
    In operating the 2011 Program, states should apply the instructions 
in UIPL No. 21-09 for identifying ``eligible TAA recipients.'' In 
addition, the TAAEA restores the continued qualification of family 
members after certain events as provided under the 2009 Program. 
Finally, the TAAEA also restores Consolidated Omnibus Budget 
Reconciliation Act (COBRA) benefits for TAA eligible workers provided 
under the 2009 Program.
    5. Action Requested. The operating instructions contained in this 
TEGL are issued to states as guidance provided by the Department, 
through ETA, in its role as the principal of the TAA program. The 
states, as agents of the Secretary, may not vary from the operating 
instructions in this document without prior approval from ETA. The 
operating instructions in this document constitute the controlling 
guidance for the states in implementing and administering the 2011 
Amendments. These operating instructions only address changes to the 
TAA program made by the 2011 Amendments.
    6. Financial Reporting. ETA will provide additional guidance to 
states about the financial reporting requirements under the TAAEA, 
including clarifications for the ETA '9130.
    7. Sunset Provisions. The 2011 Amendments sunset on December 31, 
2013, after which date the 2011 Amendments will no longer apply to the 
Trade Act and the provisions of the 2002 Amendments, with three 
provisions of the 2011 Amendments listed below, will apply. The 
``reverted TAA program'' established under the sunset provisions of the 
TAAEA, is authorized to be in effect from January 1, 2014, through 
December 31, 2014.
    Administration: The reverted TAA program retains the following 
provisions of the 2011 Amendments:
     Retains the elimination of training waivers based on 
recall, marketable skills, and requirement.
     Retains the elimination of the additional 26 weeks of TRA 
for workers participating in prerequisite or remedial training.
     Retains the authority for the Secretary to provide up to 
13 weeks of additional TRA, (Completion TRA) to qualifying workers.
    ETA will issue instructions to implement the reverted TAA program, 
as necessary.
    8. Paperwork Reduction Act (PRA) Statement. The information 
collections referenced in this TEGL have been approved by the OMB under 
Control Number 1205-0342, expires 01/31/2013 and 1205-0392, expires 04/
30/2013. According to the PRA, no persons are required to respond to a 
collection of information unless such collection displays a valid OMB 
Control Number. 44 U.S.C. 3507. Send comments regarding the burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to the U.S. Department 
of Labor, Employment and Training Administration, Office of Trade 
Adjustment Assistance, 200 Constitution Avenue, NW., Room N 5428, 
Washington, DC 20210 and reference OMB Control Number 1205-0342 or 
12050392.
    9. Action Requested. States will inform all appropriate staff of 
the contents of these instructions.
    10. Inquiries. Please direct all inquiries to the appropriate 
Regional Office.

    Dated: Signed in Washington, DC, on this 21st day of May, 2012.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-13037 Filed 5-29-12; 8:45 am]
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