Content provided by the Catalog of Federal Domestic Assistance
17.245 Trade Adjustment Assistance_Workers
EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
Trade Act of 1974, Title II, Public Law 93-618, 88 Stat. 1979, 19 U.S.C. 2271-2322, as amended; Omnibus Budget Reconciliation Act of 1981, Title XXV, Public Law 97-35, as amended; Miscellaneous Revenue Act of 1983, Public Law 97-362, as amended; Amendment to the International Coffee Agreement Act of 1980, Public Law 98-120, as amended; Deficit Reduction Act of 1984, Public Law 98-369, as amended, Public Law 99-190; Third Continuing Resolution for Fiscal Year 1986 Funds, as amended; Consolidated Omnibus Budget Reconciliation Act of 1985, Title XIII, Public Law 99-272; Omnibus Trade and Competitiveness Act of 1988, Title I, Public Law 100-418; North American Free Trade Agreement Implementation Act, Title V, Public Law 103-182; Consolidated Appropriations Act of 2000, Public Law 106-113.
To provide adjustment assistance to workers adversely affected by increased imports which will assist them into suitable employment.
TYPES OF ASSISTANCE:
USES AND USE RESTRICTIONS:
State Employment Security Agencies (SESA's) serve as agents of the United States for administering the worker adjustment assistance benefit provisions of the Trade Act. SESA's, through the local offices, provide testing, counseling, and job placement services; job search and relocation assistance; training; and payment of weekly trade readjustment allowances (TRA). State unemployment compensation and extended benefits must be exhausted before TRA is paid to eligible claimants. Trade impacted workers are eligible to receive job search and relocation allowances in addition to the costs of training. They may be paid subsistence and transportation allowances to attend approved training outside the normal commuting distance of a worker's regular place of residence.
Applicant Eligibility: I. Petitions for trade adjustment assistance must be filed with the Secretary of Labor by a group of three or more workers or by their certified or recognized union or by an official of the workers' firm. Notice of such filing shall be promptly published in the Federal Register. Within 10 days after publication, the petitioner or any other person found by the Secretary to have a substantial interest may request a hearing and be afforded the opportunity to be present, to present evidence, and to be heard. The Secretary shall determine whether the petitioning group meets the requirements and may issue a certification of eligibility to apply for adjustment assistance. For workers to be eligible to apply for adjustment assistance, the Department of Labor must determine that: 1) A significant number or proportion of workers in such workers' firm, or subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; 2) sales or production, or both, of such firm have decreased absolutely; and 3) increases of imports like or directly competitive with articles produced by such workers' firm were an important cause (increased imports must contribute importantly but not necessarily more importantly than any other cause) of such total or partial separation, or threat thereof and to such decline in sales or production. II. Petitions for North American Free Trade Agreement Transitional Adjustment Assistance (NAFTA- TAA) must be filed with the Governor, or the Governor's designated representative, of the State where the petitioners' firm is located by a group of three or more workers (including workers in any agricultural firm or subdivision of an agricultural firm), a union representative, a company official, or a duly authorized representative, including community-based organizations. NAFTA-TAA petitioners are afforded the same rights as TAA petitioners to request a hearing to present evidence relevant to their petition. Upon receipt of a NAFTA-TAA petition, the Governor shall notify the Secretary that the State has received the petition. Within ten (10) days, the Governor will transmit a preliminary finding to the Secretary as to whether the petition meets the criteria that: 1) employment at the petitioners' firm has declined; 2) sales or production has declined absolutely; and either 3) imports of like or directly competitive articles from Mexico or Canada have increased, or 4) there has been a shift in production of articles from the workers' firm or subdivision to Mexico or Canada. Within 30 days from the receipt of the preliminary finding, the Secretary shall determine whether increased imports contributed importantly to worker separations and issue a determination as to whether the petitioners meet the group eligibility requirements for NAFTA-TAA.
Pre-application Coordination: None. This program is excluded from coverage under E.O. 12372.
Formula and Matching Requirements: Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Account Identification: 16-0326-0-1-999.
From April 1975 through September 2001, the Department of Labor issued certifications in 23,944 cases involving 3,218,861 workers. (These figures are continuously revised to account for actual experience and include both TAA and NAFTA-TAA.)
REGULATIONS, GUIDELINES, AND LITERATURE:
Regulations at 29 CFR 90, Certification of Eligibility to Apply for Worker Adjustment Assistance, and 20 CFR 617, Trade Adjustment Assistance for Workers.
Regional or Local Office: Regional offices of the Employment and Training Administration, Department of Labor listed in Appendix IV, and local offices of affiliated State Employment Security Agencies.
EXAMPLES OF FUNDED PROJECTS:
CRITERIA FOR SELECTING PROPOSALS: