Trade Adjustment Assistance

1. Trade Adjustment Assistance 2014 Michigan Works! Annual Conference Mt. Pleasant

2. Status Update on the TAA Program TAA Data Validation List of Active TAA Policy Issuances and TEGLs TAA WBOs TAA Training Chart Waiver Requirements Case Management Funding TEGL 27-13: Impact of the U.S. Supreme Court's Decision in United States v. Windsor on TAA TRA Update TAA 2

3. TAA Status Update From USDOL (September 2014): • The TAA program will operate business as usual through December 31, 2014, – under the four versions of the TAA program that are currently administered; the 2002 Program, the 2009 Program, the 2011 Program, and Reversion 2014 •The TAA program will not cease to operate on January 1, 2015. At a minimum, states will continue to serve workers while they have remaining funds. Funds are good for three years. States should ensure that workforce staff, partners and customers receive this message to avoid potential harm to adversely-affected workers who may be discouraged from applying for TAA because of uncertainty about the continuation of the TAA program. Operating Instructions will be issued before December 31, 2014, to instruct states on program operations after that date. 3

4. Active TAA Policy Issuances • 13-33, Change 1 TAA Funds Management • 13-15 TAA Commuting Area • 13-11 TAA Electronic-Participant-Management Information Guide (E-PMIG) • 12-38 TAA Employer-Based Training Foundation • 11-18 Equitable Tolling of Deadlines for Workers Covered Under TAA Certifications • 10-21 Merit Staffing Requirements for TAA • 14-XXTAA Program Data Element Validation • Program Manuals/Instructions: • 13-27 TAA Reversion Policy • 11-23 TAA 2011 Manual • 09-21 TAA 2009 Manual • 07-18c2 TAA 2002 Manual 4

5. http://www.doleta.gov/tradeact/directives.cfm Active TAA TEGLs 5

6. TAA WBOs • WDA TAA staff can present or attend as needed (MWA should send requests to Tammy Flynn). • State has WBO presentations for all version of TAA law. These ppts are not required, but the same level of information must be presented to all workers. • MWA must complete a TAA Registration and a TRA 920 on each worker. • MWA should request UIA-TRA Representation OR explain TRA and present a TRA/UIA Fact Sheet. • Handouts Recommended: • PPT • UIA-TRA Fact Sheet • Local Resources • To-Do Sheet/Checklist for workers 6

7. Training Chart 7

8. Waivers *Extenuating circumstances include: start date beyond 60 days 8

9. Case Management Funding • Policy Issuance 13-33, Change 1 • Allows MWAs to determine locally the amount of funding to be utilized in support of allowable Case Management activities for eligible participants under the TGAAA or 2009 or TAAEA of 2011. • Additionally, up to 5 percent of total programmatic expenditures (Classroom Training, Travel and Subsistence, Employer-Based Training, Job Search Allowances and Relocation Allowances) may be used to support local administration. • Funding for administrative costs related to the Trade Act of 2002 and Reversion 2014 programs are limited to a maximum of 5 percent of total programmatic expenditures (Classroom Training, Travel and Subsistence, Employer-Based Training, Job Search Allowances and Relocation Allowances).

10. Case Management Funding The following are additional allowable Case Management activities for TGAAA of 2009 and TAAEA of 2011 (not inclusive): •TAA program monitoring/auditing •Data-entry into the One-Stop Management Information System (including entry of case notes) • Benchmarking for 2009 or 2011 participants. •Development and tracking of training plans (including verifying satisfactory participation) • Removal of employment barriers •Issuing, continuing, and extending Waivers from Training for 2009 or 2011 participants • Costs associated with training of TAA and non-TAA staff on the TAA program • Case management tools and equipment (including electronic equipment) • Rent and utilities for the support of TAA staff 10

11. TEGL 27-13 • U.S. Supreme Court's Decision in United States v. Windsor on the Trade Adjustment Assistance Program • The definition of “marriage” or “spouse” under federal law no longer bars the recognition of same-sex marriages in the operation of federal programs, including the TAA program. • In implementing the Windsor decision, the Department of Labor’s policy is to recognize lawful same-sex marriages as broadly as possible to the extent that federal law permits, and to recognize all marriages valid in the jurisdiction where the marriage was celebrated—i.e., the “state of celebration.” • The Department of Labor will recognize the marriage even if the marriage is not recognized in the state where the married individual resides. • The definitions section of the TAA regulations defines “family” to include “a spouse.” 20 CFR 617.3(q).1 The regulations do not further define “spouse.” Therefore, consistent with ETA’s policy announced above, we encourage states to include same-sex spouses of a marriage that is valid in the “state of celebration” when their CSAs apply the TAA regulations’ definition of “family.” 11

12. The term “family” comes up in several sections of the TAA regulations, including: § 617.22 Approval of training. As a condition of approving training for an adversely affected worker, the state must find, among other things, that the worker is qualified to take and complete the training. For example, the state must evaluate the worker’s financial circumstances, and whether “personal and family resources” are available to help him/her complete the training if his/her UI or TRA payments are exhausted before the end of the training. §§ 617.40 - 617.48 Subpart E – Relocation Allowances. TAA benefits include a relocation allowance, which pays certain expenses for eligible adversely affected workers and their families to relocate within the United States when the TAA participant must move to take a job. When moving costs for a family are considered – not just costs for an individual – a greater amount is potentially subject to reimbursement. • § 617.55 Overpayments; penalties for fraud. In cases of improperly paid TAA benefits, a state agency may waive recovery of the overpayment when the beneficiary was not at fault and requiring repayment “would be contrary to equity and good conscience.” In determining whether equity and good conscience exist, the state agency must consider, among other things, “all potential income” and “all cash resources available or potentially available” to both the beneficiary and his/her family during the time period being considered, and whether requiring repayment would cause financial hardship. 20 CFR 617.55(a)(2)(ii). This standard continues to apply for participants in the 2002 Program and the Reversion 2014 Program, as described below. TEGL 27-13 12

13. TAA Data Validation

14. TAA Data Validation

15. TAA Data Validation

16. TAA Data Validation

17. TAA Data Validation

18. TAA Data Validation

19. TAA Data Validation

20. TAA Data Validation

21. TAA Data Validation

22. TAA Data Validation

23. Other Information • Rapid Response Indicator on TAA Registration • OSMIS Quarterly Training Expenditures (133%) • OSMIS Job Search and Relocation Expenditures (20%) • Consolidation of TAA Manuals • Qualifying Separation Verification (MiDAS) • Requirement to establish/review benchmarks 23

24. TRA 24