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DOL/ETA RIN: 1205-AB78 Publication ID: Fall 2019 
Title: Trade Adjustment Assistance for Workers 
Abstract:

Through the NPRM, the Department seeks to update the TAA program regulations and consolidate all applicable program regulations into a single section of the Code of Federal Regulations.  The Department will undertake both regulatory and deregulatory actions, eliminating 20 CFR 617 and 29 CFR 90 and including all program regulations in 20 CFR 618.  In addition, the Department will review questions of policy and application to determine whether one aspect of the mandated use of state employees to administer adjustment assistance provisions, specifically the delivery of TAA employment and case management services, is appropriate.

 
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 
EO 13771 Designation: Deregulatory 
CFR Citation: 20 CFR 617    20 CFR 618    29 CFR 90   
Legal Authority: sec. 248(a) of the Trade Act of 1974, as amended    19 U.S.C. 2320(a)   
Legal Deadline:  None

Statement of Need:

Through the NPRM, the Department seeks to modernize its TAA Program regulations to reflect changes to the workforce, technology, and the administration of the program that have occurred since the Department’s last comprehensive update to the regulations in 1994. The Department also seeks to consolidate all applicable program regulations into a single section of the CFR.

The NPRM would promote transparency by setting out in binding regulation the major principles by which the TAA Program operates, and would provide the public and courts with the Department’s authoritative interpretation of the Act. The NPRM would also include changes that increase States’ flexibility to administer the program and improve service delivery. In addition, the NPRM would incorporate clarifications that draw upon the Department’s expertise gained from decades of experience operating the TAA Program.

 

Summary of the Legal Basis:

The authorization for the Secretary to promulgate general program regulations is found at sec. 248 of the Trade Act of 1974, as amended. There are an additional eight statutory citations authorizing the Secretary to issue rules on specific topics. They are: sec. 231(a)(2), sec. 233(a)(3), sec. 234(a), sec. 236(a)(9)(A), sec. 237(b)(1), sec. 238(b)(1), sec. 240(a), and sec. 247(4).

Alternatives:

The Department has considered three alternatives as part of determining whether to issue this NPRM. These alternatives include: (1) to take no action, that is, make no regulatory changes; (2) to reduce the number and types of provisions in the regulations; and (3) to propose more stringent, less flexible regulations, The Department considered the three options above in accordance with the provisions of E.O. 12866 and chose to instead draft the NPRM to more accurately reflect the current (TAARA 2015) and to increase flexibility to States and trade-affected workers, clarify overly technical or confusing language, update references and procedures, and codify elements from administrative guidance.

Anticipated Costs and Benefits:

The Department estimates that this action will result in a net cost savings of $626,333 discounted at 3 percent and $513,073 discounted at 7 percent, both expressed in 2018 dollars.

Risks:

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

 

Timetable:
Action Date FR Cite
NPRM  11/07/2019  84 FR 60150   
NPRM Comment Period End  12/09/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Norris T. Tyler III
Administrator, Office of Trade Adjustment Assistance
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW, FP Building, Room N-5428,
Washington, DC 20210
Phone:202 693-3651
Email: tyler.norris@dol.gov