The Trade and Globalization Adjustment Assistance Act of 2009 — What We Can Expect and When

1. The Trade and Globalization Adjustment Assistance Act of 2009 — What We Can Expect and When TIMOTHY J. THEBERGE Federal Project Officer Employment & Training Administration, Region 1 U.S. Department of Labor theberge.timothy@dol.gov 617-788-0139 CAROL A. ELWELL Workforce Program Specialist III NYS Department of Labor Division of Employment and Workforce Solutions

2. What is the Trade and Globalization Adjustment Assistance Act of 2009 • American Recovery and Reinvestment Act of 2009 • aka: Stimulus Bill or Recovery Act • Public Law 111-5 • Trade and Globalization Adjustment Assistance Act of 2009 • Division B – Subtitle I – Section 1800 • Trade Act of 1974, as amended • Title 19 USC Chapter 12

3. What Hasn’t Changed . . . TAA for Workers will continue to help workers who have lost their jobs as a result of foreign trade to quickly rejoin the workforce by providing them with the means to attain competitive and marketable skills for today’s increasingly competitive work environment.

4. What Else Hasn’t Changed TAA continues to be a TRAINING program. One-Stop Center must work with Trade-affected workers to assist them in developing TAA-approvable training programs.

5. Major Changes • Expanded Eligibility • Training Flexibility • Deadlines, Waivers and Related Rules • TRA • Health Coverage Tax Credit • Alternative Trade Adjustment Assistance • Case Management Costs • Job Search / Relocation • Reporting Changes • Community College / Sector grants • Structural changes in ETA • TAA for Communities • TAA for Firms

6. Expanded Eligibility • Service workers & public agencies • Relocation to any foreign nation • Secondary workers covered even if upstream firm not in U.S. • Component producing worker groups • Worker groups covered by various US ITC decisions

7. Training • Increases training cap to $575m • Allows for part-time training in some circumstances • Allows time for pre-requisites (+26 weeks TRA) • Allows for pre-layoff training • Incumbent “threatened” workers eligible • Prohibits limiting training options to ETPL • Enhances OJT – but no longer “preferred” • Requires “benchmarks”; • Eases payment rules; • Allows for public / private funding • Grants, scholarships, employer-funding • Receipt of a Pell Grant must not be factored into approval of training • 20 CFR 617 still in effect on funds personal to the worker

8. Waivers • No Major Changes to: • Recall • Retirement • Health • Enrollment Not Available • Training Not Available • Marketable Skills • Adds possession of postgraduate degree or certification as grounds for issuance. Waiver of longer than 6 months is possible. • Waiver Review • The initial (or 1st) waiver is not required until 3 months, with monthly reviews every 30 days thereafter. • Waiver reviews are no longer required for “Near Retirement” waivers from training.

9. TRA • Removes the 60 day waiting period for 1st payment • Allows participants to choose between UI and TRA • Relief from lower benefit due to part-time or short-term employment • Adds an additional 26 weeks to additional TRA • Provides a 13 week buffer on receipt of TRA • Removes 210-day deadline for bonafide application for training

10. Deadlines • 26 weeks from separation or certification • 45-day extenuating circumstance • State UI “good cause” provisions allowable • Appeal actions preserve deadlines • Active duty status preserves rights

11. Health Coverage Tax Credit • Increases credit to 80% • Requires additional information on qualified plans • Effective for April 2009 invoices • Retroactive Payments • For 2009 coverage • Begins in August 2009 • Eligibility retained during breaks in training

12. HCTC – Coverage Expansion • Coverage expanded • Beginning in January 2010, qualified family members may continue receiving the HCTC for up to 24 months (but not beyond December 31, 2010) after the primary eligible individual experiences the following life events: • Enrollment in Medicare • Divorce • Death

13. Job Search and Relocation • Job Search • Raises maximum benefit to $1,500 • 100% of allowable costs • Subject to Federal Travel Regulations • Relocation • Raises lump sum maximum to $1,500 • 100% of allowable costs • Subject to Federal Travel Regulations

14. ATAA: Reemployment TAA • Now called: Reemployment TAA • Allows for receipt of RTAA after TRA • Subtracts weeks of TRA already paid • Allows for part-time training and part-time employment • Without TRA • Wage limit increased to $55,000 • Benefit limit increased to $12,000 • Extends reemployment deadline beyond 26 weeks

15. Reporting Changes • Change in Entered Employment, Retention and Earnings • No longer based on TEGL 17-05 • Additional fields required • Duration of benefits, training type (distance learning, part-time) • Emphasis on sector of post-program employment • Likely to resemble EMILE format

16. When . . . Effective Date: May 18, 2009 All petitions filed on or after May 18, 2009 will be covered under the new Trade and Globalization Adjustment Act of 2009. Petitions will numbered starting with 70,000. All petitions that were filed before May 18, 2009 will be covered by the old Trade Adjustment Assistance Program. Petitions will be numbered between 40,000 and 69,999. All petitions numbered below 40,000 are subject to the program prior to the 2002 changes.

17. Side-by-Side - TRA

18. Side-by-Side – Deadlines

19. Side-by-Side - Relocation

20. Side-by-Side – Job Search

21. Side-by-Side Comparison – Continued

22. Side-by-Side Comparison - Continued

23. Key Message As stated previously, it is important to remember that TAA is a TRAINING program. New York State’s TAA training enrollment participation rate is approximately 30%. However, NYS’ TAPR reports continue to show that trade-affected workers who receive training under the TAA program have higher entered employment rates, longer employment retention rates and higher post average earnings than those who do not receive training.

24. Once More on Training… Given the proven advantages to participation in training, especially in today’s economic climate, we need to emphasize training by encouraging trade-affected workers to take advantage of the unique training opportunity afforded them through the TAA program.

25. ETA Level Changes Creates a new Office of Trade Adjustment Assistance with an Administrator. Annual funding level will increase to $575 million for TAA training programs through the end of 2010 (this is a 160% increase over the previous cap of $220 million).

26. Case Management Costs • Establishes an entitlement to case management and related services • Base $350k per state for case management – state option • Requires use of 1/3 of “admin” funds for case management • Allows for related costs: LMI, assessment, MIS upgrades

27. Community College Grants • NOT CURRENTLY APPROPRIATED • $40m annually • To community colleges and other institutions that partner with employers, unions, WFS to improve training opportunities

28. TAA for Communities • NOT CURRENTLY APPROPRIATED • Commerce / EDA • $150m / year • Up to $5m per community • Inter-agency working group • Commerce, DOL, USDA

29. TAA for Firms • Commerce / EDA • Expanded to include service sector and agricultural firms • $50m / year • www.taacenters.org

30. Online Resources • ETA – TAA for Workers • www.doleta.gov/tradeact • EDA – TAA for Firms • www.taacenters.org/ • IRS - HCTC • www.irs.gov Keyword: HCTC • EBSA - COBRA • www.dol.gov/ebsa • USDA – TAA for Farmers • http://www.fas.usda.gov/ITP/TAA/taa.asp

31. What’s Next? • Training • June 15-17, 2009 • Baltimore, Maryland • Reporting Instructions • Final: August 17, 2009 • NPRM - Regulations • Final: February 2010

32. Questions?!?!?!?!?!? It’s time for Questions . . .

33. Additional Questions: • Questions regarding the new TAA program changes should be emailed to the TAA mailbox for response. • The TAA mailbox address is: • WDTDTAA@labor.state.ny.us – for those outside the NYS Department of Labor’s network • labor.sm.wdtd.taa – for those inside the NYS Department of Labor’s network