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DOL/ETA RIN: 1205-AB40 Publication ID: Spring 2007 
Title: Alternative Trade Adjustment Assistance Benefits; Amendment of Regulations 
Abstract: The Trade Adjustment Assistance Reform Act of 2002, enacted on August 6, 2002, contains provisions amending title 2, chapter 2 of the Trade Act of 1974, entitled Adjustment Assistance for Workers. The amendments, generally effective 90 days from enactment (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 changes regarding Trade Adjustment Assistance (TAA) program benefits. They also create the Alternative Trade Adjustment Assistance (ATAA) program for older workers, which was effective no later than one year after the enactment of the amendments on August 6, 2002. It is the Agency’s intention to create a new 20 CFR part 618 to incorporate the amendments and write it in plain English, while amending the WIA regulations at 20 CFR parts 655 and 671 regarding Rapid Response and National Emergency Grants as they relate to the TAA program. The proposed part 618 consists of 9 subparts: subpart A--General; subpart B--Petitions and Determinations of Eligibility to Apply for Trade Adjustment Assistance (and alternative TAA); subpart C--Delivery of Services throughout the One-Stop Delivery System; subpart D--Job Search Allowances; subpart E--Relocation Allowances; subpart F--Training Services; subpart G--Trade Readjustment Allowances (TRA); subpart H--Administration by Applicable State Agencies; and subpart I--Alternative Trade Adjustment Assistance (ATAA) for Older Workers. Because of the complexity of the subject matter and the States' needs for definitive instructions on providing TAA benefits, the rulemaking for part 618 was originally divided into two parts: the first covering TAA benefits (subpart A and subparts C through H); and the second covering petitions and certifications (subpart B and certain definitions in subpart A) and ATAA (subpart I). To expedite the publication of guidance on ATAA, this second NPRM was divided, and ATAA is proceeding under this original RIN 1205-AB40. This rulemaking covers the issuance of ATAA benefits for older workers (subpart I). Separate rulemakings cover benefits (subpart A and subparts C through H) and petitions and determinations (subpart B and certain definitions in subpart A). 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 90    20 CFR 618    20 CFR 665    20 CFR 671   
Legal Authority: 19 USC 2320    Secretary's Order No. 3-2007, 72 FR 15907   
Legal Deadline:  None

Statement of Need: The Trade Adjustment Assistance Reform 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 makes significant amendments to worker benefits under Trade Adjustment Assistance for Workers, as provided for in the Trade Act of 1974. 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 52 weeks 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 for Older Workers program that targets older worker groups who are certified as TAA eligible and provides the option of a wage supplement instead of training, job search, and income support. The Department issued operating instructions in a guidance letter on October 10, 2002, and later published in the Federal Register (67 FR 69029-41). 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 19 U.S.C. 2320 due to the amendments to the Trade Act of 1974 by the Trade Adjustment Assistance Reform Act of 2002.

Alternatives: The public was afforded an opportunity to provide comments on the ATAA program changes when the Department published the proposed 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  10/18/2006  71 FR 61618   
NPRM Comment Period End  12/18/2006    
Final Action  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Federalism: No 
Included in the Regulatory Plan: Yes 
Related RINs: Related to 1205-AB32, Related to 1205-AB44 
Agency Contact:
Erica Cantor
Administrator, Office of National Response
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW., Room C-5311,
Washington, DC 20210
Phone:202 693-3500
Fax:202 693-3149
Email: cantor.erica@dol.gov