View Rule

Printer-Friendly Version Download RIN Data in XML

DOL/ETA

RIN: 1205-AB32

Publication ID: Spring 2003

Title: Trade Adjustment Assistance for Workers
Abstract: The Trade Act of 2002, enacted on August 6, 2002, contains provisions amending title 2, chapter 2 of the Trade Act of 1974, entitled Adjustment Assistance for Workers. The amendments, effective 90 days from enactment (November 4, 2002), make additions to where and by whom a petition may be filed, expand eligibility to workers whose production has been shifted to certain foreign countries and to worker groups secondarily affected, and make substantive amendments regarding trade adjustment assistance (TAA) program benefits. Although published as a final rule, comments were requested on several material changes, which were not included in the proposed rule. Comments were received and will be considered and included in the final rule implementing the amendments under the Trade Act of 2002. Furthermore, it is the agency's intention to create a new 20 CFR part 618 to incorporate the amendments and be written in plain English, while the existing regulations at 20 CFR part 617 and 29 CFR part 90 will remain in effect for individuals covered by certifications under the Workforce Investment Act of 1998 so they conform to the amendments contained in the Trade Act of 2002.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 90 20 CFR 617 20 CFR 618
Legal Authority: 19 USC 2320 Secretary's Order No. 3-81, 46 FR 31117

Legal Deadline: None

Statement of Need: The Trade Act of 2002, enacted August 6, 2002, repeals the North American Free Trade Agreement-Transitional Adjustment Assistance provisions for workers affected by the NAFTA Implementation Act and adds significant amendments to worker benefits under Trade Adjustment Assistance for Workers, as provided for in the Trade Act of 1974. The Department is mandated to implement the amendments in 90 days from enactment, November 4, 2002. The 2002 Trade Act amends where and by whom a petition may be filed. Program benefits for TAA eligible recipients are expanded to include for the first time a health care tax credit, and eligible recipients now include secondarily affected workers impacted by foreign trade. Income support is extended by 26 weeks and by up to one year under certain conditions. Waivers of training requirements in order to receive income support are explicitly defined. Job search and relocation benefit amounts are increased. Within one year of enactment, the amendments offer an Alternative TAA Program for Older Workers that targets older worker groups at firms who are certified as TAA eligible and provides the option of a wage supplement instead of training, job search, and income support. State agencies rely on the regulations to make determinations as to individual eligibility for TAA program benefits. TAA program regulations as written have been described as complicated to interpret. With the new TAA program benefit amendments contained in the Trade Act of 2002, it is imperative that the regulations be in an easy to read and understandable format.

Summary of the Legal Basis: These regulations are authorized by the Trade Act of 2002 amendments to the Trade Act of 1974.

Alternatives: The public will be afforded an opportunity to provide comments on the TAA program changes when the Department publishes the interim final rule in the Federal Register.

Anticipated Costs and Benefits: Preliminary estimates of the anticipated costs of this regulatory action have not been determined at this time and will be determined at a later date.

Risks: This action does not affect public health, safety, or the environment.

Timetable:

Action	Date	FR Cite
NPRM	06/00/2003

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Edward A. Tomchick Trade Adjustment Assistance Department of Labor Employment and Training Administration Room C5311, 200 Constitution Avenue NW., FP Building, C5311, Washington, DC 20210 Phone:202 693-3577 Fax:202 693-3585 Email: tomchick.edward@dol.gov