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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 20:20:3.0.2.1.10.0.1.1 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.1 Purpose of arrangement. | DOL | This arrangement is approved by the Secretary under the provisions of section 3304(a)(9)(B) of the Federal Unemployment Tax Act to establish a system whereby an unemployed worker with covered employment or wages in more than one State may combine all such employment and wages in one State, in order to qualify for benefits or to receive more benefits. | |||||||
| 20:20:3.0.2.1.10.0.1.10 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.11 Amendment of arrangement. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 71 FR 35515, June 21, 2006] | Periodically the Secretary shall review the operation of this arrangement, and shall propose such amendments to the arrangement as the Secretary believes are necessary or appropriate. Any State unemployment compensation agency or NASWA may propose amendments to the arrangement. Any proposal shall constitute an amendment to the arrangement upon approval by the Secretary in consultation with the State unemployment compensation agencies. Any such amendment shall specify when the change shall take effect, and to which claims it shall apply. | ||||||
| 20:20:3.0.2.1.10.0.1.2 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.2 Consultation with the State agencies. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 71 FR 35514, June 21, 2006] | As required by section 3304(a)(9)(B), this arrangement has been developed in consultation with the State unemployment compensation agencies. For purposes of such consultation in its formulation and any future amendment the Secretary recognizes, as agents of the State agencies, the duly designated representatives of the National Association of State Workforce Agencies (NASWA). | ||||||
| 20:20:3.0.2.1.10.0.1.3 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.3 Interstate cooperation. | DOL | Each State agency will cooperate with every other State agency by implementing such rules, regulations, and procedures as may be prescribed for the operation of this arrangement. Each State agency shall identify the paying and the transferring State with respect to Combined-Wage Claims filed in its State. | |||||||
| 20:20:3.0.2.1.10.0.1.4 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.4 Rules, regulations, procedures, forms—resolution of disagreements. | DOL | All State agencies shall operate in accordance with such rules, regulations, and procedures, and shall use such forms, as shall be prescribed by the Secretary in consultation with the State unemployment compensation agencies. All rules, regulations, and standards prescribed by the Secretary with respect to intrastate claims will apply to claims filed under this arrangement unless they are clearly inconsistent with the arrangement. The Secretary shall resolve any disagreement between State agencies concerning the operation of the arrangement, with the advice of the duly designated representatives of the State agencies. | |||||||
| 20:20:3.0.2.1.10.0.1.5 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.6 Definitions. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 39 FR 45215, Dec. 31, 1974; 43 FR 2625, Jan. 17, 1978; 71 FR 35514, June 21, 2006; 73 FR 63072, Oct. 23, 2008] | These definitions apply for the purpose of this arrangement and the procedures issued to effectuate it. (a) State. “State” includes the States of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (b) State agency. The agency which administers the unemployment compensation law of a State. (c) Combined-Wage Claim. A claim filed under this arrangement. (d) Combined-Wage Claimant. A claimant who has covered wages under the unemployment compensation law of more than one State and who has filed a claim under this arrangement. (e) Paying State. A single State against which the claimant files a Combined-Wage Claim, if the claimant has wages and employment in that State's base period(s) and the claimant qualifies for unemployment benefits under the unemployment compensation law of that State using combined wages and employment. (f) Transferring State. A State in which a Combined-Wage Claimant had covered employment and wages in the base period of a paying State, and which transfers such employment and wages to the paying State for its use in determining the benefit rights of such claimant under its law. (g) Employment and wages. “Employment” refers to all services which are covered under the unemployment compensation law of a State, whether expressed in terms of weeks of work or otherwise. “Wages” refers to all remuneration for such employment. (h) Secretary. The Secretary of Labor of the United States. (i) Base period and benefit year. The base period and benefit year applicable under the unemployment compensation law of the paying State. | ||||||
| 20:20:3.0.2.1.10.0.1.6 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.7 Election to file a Combined-Wage Claim. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 71 FR 35514, 35515, June 21, 2006; 73 FR 63072, Oct. 23, 2008] | (a) Any unemployed individual who has had employment covered under the unemployment compensation law of two or more States, whether or not the individual is monetarily qualified under one or more of them, may elect to file a Combined-Wage Claim. The individual may not so elect, however, if the individual has established a benefit year under any State or Federal unemployment compensation law and: (1) The benefit year has not ended, and (2) The individual still has unused benefit rights based on such benefit year. 1 1 The Federal-State Extended Unemployment Compensation Act of 1970, title II, Public Law 91-373, section 202(a)(1), limits the payment of extended benefits with respect to any week to individuals who have no rights to regular compensation with respect to such week under any State unemployment compensation law or to compensation under any other Federal law and in certain other instances. This provision precludes any individual from receiving any Federal-State extended benefits with respect to any week for which the individual is eligible to receive regular benefits based on a Combined Wage Claim. (See section 5752, part V of the Employment Security Manual.) (b) For the purposes of this arrangement, a claimant will not be considered to have unused benefit rights based on a benefit year which the claimant has established under a State or Federal unemployment compensation law if: (1) The claimant has exhausted his/her rights to all benefits based on such benefit year; or (2) The claimant's rights to such benefits have been postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or (3) Benefits are affected by the application of a seasonal restriction. (c) If an individual elects to file a Combined-Wage Claim, all employment and wages in all States in which the individual worked during the base period of the paying State must be included in such combining, except employment and wages which are not transferrable under the provisions of § 616.9(b). … | ||||||
| 20:20:3.0.2.1.10.0.1.7 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.8 Responsibilities of the paying State. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 43 FR 2625, Jan. 17, 1978; 45 FR 47109, July 11, 1980; 71 FR 35515, June 21, 2006; 73 FR 63072, Oct. 23, 2008] | (a) Transfer of employment and wages—payment of benefits. The paying State shall request the transfer of a Combined-Wage Claimant's employment and wages in all States during its base period, and shall determine the claimant's entitlement to benefits (including additional benefits, extended benefits and dependents' allowances when applicable) under the provisions of its law based on employment and wages in the paying State, and all such employment and wages transferred to it hereunder. The paying State shall apply all the provisions of its law to each determination made hereunder, except that the paying State may not determine an issue which has previously been adjudicated by a transferring State. Such exception shall not apply, however, if the transferring State's determination of the issue resulted in making the Combined-Wage Claim possible under § 616.7(b)(2). If the paying State fails to establish a benefit year for the Combined-Wage Claimant, or if the claimant withdraws his/her claim as provided herein, it shall return to each transferring State all employment and wages thus unused. (b) Notices of determination. The paying State shall give to the claimant a notice of each of its determinations on his/her Combined-Wage Claim that he/she is required to receive under the Secretary's Claim Determinations Standard and the contents of such notice shall meet such Standard. When the claimant is filing his/her Combined-Wage Claims in a State other than the paying State, the paying State shall send a copy of each such notice to the local office in which the claimant filed such claims. (c) Redeterminations. (1) Redeterminations may be made by the paying State in accordance with its law based on additional or corrected information received from any source, including a transferring State, except that such information shall not be used as a basis for changing the paying State if benefits have been paid under the Combined-Wage Claim. (2) When a determination is made, as provided in paragraph (a) of this section, w… | ||||||
| 20:20:3.0.2.1.10.0.1.8 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.9 Responsibilities of transferring States. | DOL | [36 FR 24992, Dec. 28, 1971, as amended at 45 FR 47109, July 11, 1980] | (a) Transfer of employment and wages. Each transferring State shall promptly transfer to the Paying State the employment and wages the Combined-Wage Claimant had in covered employment during the base period of the paying State. Any employment and wages so transferred shall be transferred without restriction as to their use for determination and benefit payments under the provisions of the paying State's law. (b) Employment and wages not transferable. Employment and wages transferred to the paying State by a transferring State shall not include: (1) Any employment and wages which have been transferred to any other paying State and not returned unused, or which have been used in the transferring State as the basis of a monetary determination which established a benefit year. (2) Any employment and wages which have been canceled or are otherwise unavailable to the claimant as a result of a determination by the transferring State made prior to its receipt of the request for transfer, if such determination has become final or is in the process of appeal but is still pending. If the appeal is finally decided in favor of the Combined-Wage Claimant, any employment and wages involved in the appeal shall forthwith be transferred to the paying State and any necessary redetermination shall be made by such paying State. (c) Reimbursement of paying State. Each transferring State shall, as soon as practicable after receipt of a quarterly statement of charges described herein, reimburse the paying State accordingly. | ||||||
| 20:20:3.0.2.1.10.0.1.9 | 20 | Employees' Benefits | V | 616 | PART 616—INTERSTATE ARRANGEMENT FOR COMBINING EMPLOYMENT AND WAGES | § 616.10 Reuse of employment and wages. | DOL | Employment and wages which have been used under this arrangement for a determination of benefits which establishes a benefit year shall not thereafter be used by any State as the basis for another monetary determination of benefits. | |||||||
| 20:20:3.0.2.1.12.1.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | A | Subpart A-General | § 618.100 Purpose and scope. | DOL | (a) Purpose. The Act establishes a Trade Adjustment Assistance for Workers (TAA) Program. The goal of the TAA Program is to help each worker participating in the program obtain suitable employment whenever possible, and to return to employment as quickly as possible. (b) Scope. Global trade impacts thousands of workers each year across the United States. The TAA Program provides trade-affected workers with opportunities to obtain the skills, credentials, resources, and support necessary to become reemployed in a good job. The TAA Program's benefits and services include: employment and case management services, training, out-of-area job search and relocation allowances, income support through Trade Readjustment Allowances (TRA), the Reemployment Trade Adjustment Assistance (RTAA) benefit for workers aged 50 or older who find qualifying reemployment, and, if available, the Health Coverage Tax Credit (HCTC). Together with its workforce development partners in the one-stop delivery system authorized under the Workforce Innovation and Opportunity Act (WIOA), the TAA Program helps retrain, retool, and rebuild the American workforce. This part 618 applies for all workers determined eligible to apply for TAA except for those covered under certain provisions of the Trade Adjustment Assistance Reform Act of 2002 and the Trade and Globalization Adjustment Assistance Act of 2009, for which administrative guidance will continue to apply. (c) Effect. The regulations in this part are issued to implement the Act. | |||||
| 20:20:3.0.2.1.12.1.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | A | Subpart A-General | § 618.110 Definitions. | DOL | The following definitions apply solely in this part. Act means chapter 2 of title II of the Trade Act of 1974, Public Law 93-618, 88 Stat. 1978 (19 U.S.C. 2271-2323 and 2395), as amended. Administrator means the Administrator, Office of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Washington, DC, who has responsibility for administering the TAA Program, or his or her designee. Adversely affected employment means employment in a firm or appropriate subdivision, if workers of the firm or appropriate subdivision are certified as eligible to apply for the TAA Program under subpart B of this part. Adversely affected worker or AAW (also referred to, in combination with an AAIW, as a trade-affected worker) means an individual, including an employer, who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment. Adversely affected incumbent worker or AAIW (also referred to, in combination with an AAW, as a trade-affected worker) means a worker who: (1) Is a member of a worker group certified as eligible to apply for the TAA Program under subpart B of this part; (2) Has not been totally or partially separated from adversely affected employment; and (3) The Department determines, on an individual basis, is threatened with total or partial separation. Agent State means a State, other than a liable State, that provides benefits or services to a trade-affected worker. A State can be both an agent State and a liable State. Applicable State law means, for any worker, the State law of the State: (1) In which such worker is entitled to Unemployment Insurance (UI) (whether or not such worker has filed a UI claim) immediately following such worker's first separation; or (2) If the worker is not so entitled to UI under the State law of any State immediately following such first separation, or is entitled to UI under the Railroad Unemployment Insurance Act (RRUI), the State law of the State in which s… | |||||
| 20:20:3.0.2.1.12.1.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | A | Subpart A-General | § 618.120 Severability. | DOL | Should a court of competent jurisdiction hold any provision(s) of this subpart to be invalid, such action will not affect any other provision of this subpart. | |||||
| 20:20:3.0.2.1.12.2.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.200 Scope. | DOL | This subpart relates to petitions, investigations, and determinations of eligibility for a group of workers to apply for adjustment assistance under the Act. This subpart specifically applies to the initiation, conduct, and effective processing of petitions for certification of eligibility to apply for adjustment assistance. This subpart also contains general provisions with respect to filing of documents, public availability of documents, and the appeals process. | |||||
| 20:20:3.0.2.1.12.2.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.245 Reconsideration of termination of an investigation, denial, or termination or partial termination of certification. | DOL | (a) Application for reconsideration; contents. (1) Any party who is eligible to file a petition under § 618.205, and any worker in the group of workers, may file a written application seeking reconsideration of a termination of an investigation under § 618.210(e); a negative determination issued under § 618.235(b); or a termination or partial termination of certification issued under § 618.240, via email: reconsiderations.taa@dol.gov; fax: (202) 693-3584 or (202) 693-3585; or mail: U.S. Department of Labor, Employment and Training Administration, Office of Trade Adjustment Assistance, 200 Constitution Avenue NW, Washington, DC 20210. (2) An application for reconsideration must contain the following information to be complete and valid: (i) The name(s) and contact information of the applicant(s); (ii) The name or a description of the group of workers on whose behalf the application for reconsideration is filed in the case of an application for reconsideration of a termination of an investigation or a negative determination, or the name or a description of the worker group on whose behalf the application for reconsideration of a termination or partial termination of a certification is filed; (iii) The petition number identified on the petition or determination that is the subject of the application for reconsideration; (iv) The reasons for believing that the termination of the investigation, negative determination, or termination or partial termination of a certification identified in paragraph (a)(1) of this section is erroneous, including any issues that the applicant asserts require further investigation; (v) Any information that may support the application for reconsideration, including material not considered prior to the termination of the investigation, negative determination, or termination or partial termination of a certification; and (viii) The signature(s) of the party, or representative thereof, requesting reconsideration. (b) Time for filing. An application for reconsideration of the ter… | |||||
| 20:20:3.0.2.1.12.2.1.11 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.250 Amendments of certifications. | DOL | (a) Reasons for amendments. A Certifying Officer may amend a certification. The Department retains the authority to amend a certification without a petition, where it has determined that an amendment is appropriate. Amendments must not extend the impact date more than 1 year prior to the petition date unless there is a statutory exception, as described in § 618.235(a)(1)(ii). Reasons for amendments include, but are not limited to: (1) Identifying an ownership change affecting the applicable firm; (2) Correcting technical errors; or (3) Clarifying the identification of the worker group. (b) Petition filing. Amendments must be requested through the regular petition process described in § 618.205. (c) Notification of amendment. The Department will publish the amended certification in the Federal Register and on the Department's website. The Department will also notify the affected States and the State must notify any additional certified trade-affected workers, as required by § 618.820. | |||||
| 20:20:3.0.2.1.12.2.1.12 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.255 Judicial review of determinations. | DOL | (a) General. A worker, group of workers, certified or recognized union, or authorized representative of such worker or group may commence a civil action for review of the determination by filing a complaint with the United States Court of International Trade (USCIT) within 60 days after the date of publication of the notice of a final determination in the Federal Register , as provided under section 284 of the Act (19 U.S.C. 2395). (b) Final determination. Only determinations issued under § 618.245(g) are final determinations for purposes of judicial review. (c) Certified record of the Department. Upon receiving a copy of the summons and complaint from the clerk of the USCIT, the Department will file with the court a certified record meeting the requirements of the rules of the USCIT. When the certified record contains confidential business information, the Department will file a public version of the record redacting the confidential business information, and a separate version that includes the confidential business information, in accordance with the rules of the USCIT. (d) Further proceedings. Upon remand by the USCIT, the Department will conduct an additional investigation and the Certifying Officer will make new or modified findings of fact and will modify or affirm the previous determination. Upon making this subsequent determination, the Certifying Officer will publish a summary of the determination and the reasons for the determination in the Federal Register , redacting any confidential business information from the published summary. The Certifying Officer also will file the determination upon remand and the record on which the determination is based with the USCIT, in accordance with the rules of USCIT. (e) Standard of review. The determination and findings of fact by the Certifying Officer are conclusive if the USCIT determines that they are supported by substantial evidence, as provided under section 284 of the Act (19 U.S.C. 2395). (f) Individual benefits denials. Appeals of de… | |||||
| 20:20:3.0.2.1.12.2.1.13 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.260 Study regarding certain affirmative determinations by the Commission. | DOL | (a) Upon notification from the Commission that it has begun an investigation under section 202 of the Act with respect to an industry, the Department must immediately begin a study of: (1) The number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, which includes, but is not limited to, analysis of: (i) The estimated number of certified workers within the domestic industry named in the ITC affirmative determination; (ii) Information obtained during the investigation of TAA Program determinations; (iii) Responses from Domestic Industry Study; (iv) Information obtained by consultation with ITC Commission industry experts; and (v) Other pertinent workforce and trade-impact data of companies who are currently participating in the industry. (2) The extent to which the adjustment of such workers to the import competition may be facilitated through the use of the TAA Program, other Departmental programs and resources, and programs administered by other Federal agencies. (b) The report of the Department's study under paragraph (a) of this section must be made to the President not later than 15 days after the day on which the Commission makes its report under section 202(f)(1) of the Act. The Department will also publish the report in the Federal Register and on the Department's website. | |||||
| 20:20:3.0.2.1.12.2.1.14 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.265 Availability of information to the public. | DOL | (a) Information available to the public. The Department posts all determinations on the Department's website at https://www.dol.gov/agencies/eta/tradeact . The Department also posts redacted versions of all petitions on the same website. Upon request to the Administrator of the Office of Trade Adjustment Assistance, members of the public may inspect petitions and other documents filed with the Administrator, transcripts of testimony taken and exhibits submitted at public hearings held under the provisions of this subpart, public notices concerning trade-affected worker assistance under the Act, and other reports and documents issued for general distribution, in accordance with the Department's record retention schedule, FOIA, and the Privacy Act. (b) Information not available to the public. Confidential business information must not be made available to the public. | |||||
| 20:20:3.0.2.1.12.2.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.205 Petitions. | DOL | (a) Who may file a petition. A petition for certification of eligibility to apply for adjustment assistance for a group of workers, or a request to amend an existing certification under § 618.250, must be filed simultaneously with the Department and with the State in which such workers' firm is located, by any of the following: (1) A group of two or more workers from the same firm, on whose behalf the petition is filed; (2) A certified or recognized union, or other duly authorized representative of the group of workers; (3) The employer(s) of the group of workers; or (4) One-stop center operators or one-stop partners, including State workforce officials, employment security agencies, or dislocated worker unit and rapid response team members. (b) Form and contents. Petitioners may obtain a petition form and instructions online at: https://www.dol.gov/agencies/eta/tradeact, at a one-stop center (also known as an American Job Center), or by writing to: U.S. Department of Labor, Employment and Training Administration, Office of Trade Adjustment Assistance, 200 Constitution Avenue NW, Washington, DC 20210. A petition, which may include attachments, must provide the following information to be considered valid and for an investigation to commence: (1) The name and contact information for each petitioner; (2) The name of the firm; (3) The address of the location(s) where the group of workers who have been totally or partially separated or threatened with separation report to work (for a teleworker, the address of the location to which they report); (4) The name and contact information of an official within the firm or an individual authorized to provide information regarding the operation of the group of workers' firm; (5) The article produced or service supplied by the firm; (6) The actual or approximate date on which total or partial separations are threatened to occur or did occur; (7) The actual or estimated total number of workers who have been or may be separated; (8) A reason why the petitioner… | |||||
| 20:20:3.0.2.1.12.2.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.210 Investigation. | DOL | (a) Timing. The Department will initiate an investigation once it has deemed the petition valid in accordance with § 618.205(f). (b) Period of investigation. For purposes of this subpart, the period of investigation is the time period it takes to investigate each of the criteria that are part of the Department's determination. The period of investigation varies for some eligibility criteria; § 618.225 describes the period of investigation for each criterion. (c) Investigative process. To determine whether the petitioning group of workers' eligibility criteria for certification have been met, the Department may take as many of the steps in paragraphs (c)(1) through (8) of this section during the investigation as it deems necessary to identify the group of workers and to reach a determination of eligibility to apply for TAA Program benefits for the identified worker group: (1) Verify information on the petition form by contacting the petitioner(s); (2) Provide the petitioner(s) the opportunity to submit additional evidence in support of the petition; (3) Obtain publicly available information about the workers' firm and industry; (4) Request information from the workers' firm; (5) Request information from the customers of the workers' firm; (6) Request information from the officials of certified or recognized unions or other duly authorized representatives of the group of workers; (7) Request information from one-stop center operators or one-stop partners; or (8) Use other available sources of information as necessary. (d) Protection of confidential business information. (1) The Department will determine whether information submitted by a firm or customer is confidential business information in accordance with FOIA, as amended (5 U.S.C. 552), Executive Order 12600, the Trade Secrets Act (18 U.S.C. 1905), and 29 CFR part 70. (2) The Department will not disclose confidential business information without the consent of the submitting firm or customer, unless under a court order to do so or as otherw… | |||||
| 20:20:3.0.2.1.12.2.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.215 Public hearings. | DOL | (a) When held. (1) A public hearing must be held in connection with an investigation initiated under § 618.210 whenever, but not later than 10 days after the date of publication in the Federal Register of the notice of receipt of the petition, such a hearing is requested in writing by: (i) The petitioner; or (ii) Any other person found by the Administrator to have a substantial interest in the proceedings. (2) Such petitioner and other interested persons must be afforded an opportunity to be present, to produce evidence, and to be heard. (3) An explanation of why the requestor is requesting the hearing must be provided to the Department. (b) Form of request. A request for public hearing must be filed, in letter format, in the same manner as provided for other documents under § 618.205(d)(2). The request must contain: (1) The name, address, and telephone number of the person, organization, or group requesting the hearing; (2) A complete statement of the relationship of the person, organization, or group requesting the hearing to the petitioner or the petition's subject matter; and (3) An explanation of why the person, organization, or requestor of the hearing is interested in the matter. (c) Time, place, and scope. The time, place, and scope of a public hearing will be set by the presiding officers and published in the Federal Register a reasonable period of time before the scheduled hearing. (d) Presiding officer. The Administrator, or his or her designee, must conduct and preside over public hearings. (e) Order of testimony. Witnesses will testify in the order designated by the presiding officer. Each witness, after being duly sworn, will proceed with testimony. After testifying, the presiding officer or an agent designated by the presiding officer may question the witness. Any person who has entered an appearance in accordance with paragraph (k) of this section may direct questions to the witness, but only for the purpose of assisting the presiding officer in obtaining relevant and mate… | |||||
| 20:20:3.0.2.1.12.2.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.220 Use of subpoena. | DOL | (a) The Administrator may require, by subpoena, in connection with any investigation or hearing, the attendance and testimony of witnesses and the production of evidence the issuing official deems necessary to make a determination under this subpart. (b) The Department will issue a subpoena to secure evidence from a firm, customer, petitioner, or other person who fails to provide requested information within 20 days of the request, unless the recipient of the subpoena demonstrates to the satisfaction of the Department that the information will be provided within a reasonable time. In making this determination, the Department will consider the following factors: (1) Submission of a portion of the required information; (2) Prompt cooperation with inquiries about the information; (3) Cooperation in previous responses to information requests; (4) Evidence of effort to obtain the required information; and (5) Other information the Department determines to be relevant. (c) Witnesses subpoenaed under this section to appear in person must be paid the same fees and mileage as are paid for like services in the District Court of the United States within the jurisdiction of which the proceeding is taking place. The Department must pay the witness fees and mileage. (d) Subpoenas issued under paragraph (a) of this section must be signed by the Administrator, or his or her designee, and must be served consistent with Rule 5(b) of the Federal Rules of Civil Procedure. The date for compliance must be 7 calendar days following service of the subpoena, unless otherwise indicated. (e) If the recipient of the subpoena refuses to provide the requested information, the Department may petition the appropriate District Court of the United States to seek enforcement of the subpoena. | |||||
| 20:20:3.0.2.1.12.2.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.225 Criteria for certification of a group of workers. | DOL | (a) Increased imports. (1) This paragraph (a) includes criteria for certification of a group of workers based upon increased imports of: (i) Articles like or directly competitive with the articles produced by the workers' firm; (ii) Services like or directly competitive with the services supplied by the workers' firm; (iii) Articles like or directly competitive with articles into which one or more component parts produced by the workers' firm are directly incorporated; (iv) Articles like or directly competitive with articles that are produced directly using services supplied by the workers' firm; or (v) Articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by the workers' firm. (2) After review of the relevant information necessary to make a determination, the Certifying Officer must certify a worker group as eligible to apply for TAA Program benefits and services as impacted by increased imports if all four of the criteria in paragraphs (a)(2)(i) through (iv) of this section are met. (i) Criterion 1. A significant number or proportion of the workers' firm, or appropriate subdivision thereof, have been totally or partially separated, or threatened with such separation, during the 1-year period prior to the petition date. (A) Information regarding separations may be obtained from: ( 1 ) A questionnaire; ( 2 ) State workforce agencies; ( 3 ) Unions; ( 4 ) Workers in the group of workers; ( 5 ) Public records; and ( 6 ) Other reliable sources. (B) Analysis of separation data must generally consist of a: ( 1 ) Comparison of employment on the petition date to employment on the date that is 1 year prior to the petition date; ( 2 ) Review of employment activity during the 1-year period prior to the petition date; and ( 3 ) Review of evidence provided by the workers' firm regarding actual and threatened separations that occur, or are scheduled to … | |||||
| 20:20:3.0.2.1.12.2.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.230 Evidence. | DOL | (a) The Department will verify information obtained during an investigation before considering such information in support of a petition. (b) Evidence may be accepted from such sources including, but not limited to, petitioners, company officials, current and former workers of the firm, customers of the firm, trade associations, union representatives, Federal agencies, and public sources such as State agencies and academic institutions. (c) The Department may share affidavits, testimonials, news articles, and other types of information proffered in support of a petition with appropriate parties for verification. | |||||
| 20:20:3.0.2.1.12.2.1.8 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.235 Determinations. | DOL | Based on the findings of the investigation as set forth in § 618.230, a Certifying Officer will make a determination on a petition as provided under paragraph (a) or (b) of this section. (a) Affirmative determination or certification. When the investigation establishes that a group of workers meets the eligibility criteria of § 618.225, the Certifying Officer will issue a certification of worker group eligibility to apply for TAA Program benefits and services. The certification will include the name of the firm or appropriate subdivision thereof at which the trade-affected workers covered by the certification have been employed (which need not be limited to the unit specified in the petition), and may identify the worker group by name, as described in § 618.225(i) and (j), the certification period, and the certification date. (1) A certification covers any worker in the worker group eligible to apply for assistance under sec. 222(a) and (b) of the Act, whose last total or partial separation, or threat of a separation, from a firm or appropriate subdivision took place within the certification period, which is the period: (i) Following the impact date, which is the date 1 year before the petition date; and (ii) On or before the day the certification expires, which is 2 years after the certification date, or an earlier date on which the Certifying Officer determines that separations from adversely affected employment may no longer be attributed to the conditions underlying the certification, as described in § 618.240, or the date identified in an amendment described in § 618.250. (2) A certification covers any worker in the worker group eligible to apply for TAA Program benefits and services under section 222(e) whose last total or partial separation from a firm took place within the certification period, which is the period: (i) Following the impact date, which is the date 1 year before the ITC publication in the Federal Register ; and (ii) On or before the day the certification expires, which is the dat… | |||||
| 20:20:3.0.2.1.12.2.1.9 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | B | Subpart B—Petitions, Investigations, and Determinations | § 618.240 Termination of certification. | DOL | (a) Initiation. Whenever the Administrator of the Office of Trade Adjustment Assistance has reason to believe, with respect to any nonexpired certification, that the total or partial separations or threat of separation from a firm, or appropriate subdivision thereof, are no longer attributable to the conditions specified in section 222 of the Act and § 618.225, the Administrator must promptly conduct an investigation. (b) Notice. A notice of the initiation of an investigation to terminate a certification must be published in the Federal Register , and on the Department's website, and provided to the petitioner(s) of the certification under investigation, the firm official(s), and State(s) that contain the location(s) of the workers comprising the worker group covered by the certification. The State(s) must also promptly notify the workers in the worker group. (c) Opportunity for comment. Within 10 calendar days after publication of the notice under paragraph (b) of this section, members of the worker group or any other person who has a substantial interest in the matter may provide evidence in writing supporting the continuation of eligibility of certification to show why the certification should not be terminated. If a hearing is requested, it will be conducted in accordance with § 618.215. If no evidence is provided by any interested party within 10 days from the date of publication to the Federal Register or on the Department's website, whichever is later, a determination must be issued once the investigation is complete. Evidence (except at a timely requested hearing) and hearing requests submitted outside the 10-day period will not be accepted. (d) Investigation of termination of a certification. The Department will conduct a review of the record on which the certification was based, any evidence timely filed under paragraph (c) of this section, and any data submitted with the petition or provided subsequent to the filing of the petition. (e) Determination to terminate or partially terminate… | |||||
| 20:20:3.0.2.1.12.3.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.300 Scope. | DOL | This subpart describes the employment and case management services that the State must make available to trade-affected workers, either directly through the TAA Program or through arrangements with partner programs. This subpart requires States, under the Governor-Secretary Agreement at § 618.804, to integrate the provision of benefits and services available to trade-affected workers under the TAA Program with the delivery of employment services and other assistance provided through the one-stop delivery system (established under title I of WIOA), as required by sections 235 and 239(a), (e), and (g) of the Act. It also implements the requirements of section 221(a)(2)(A) of the Act for the provision of rapid response assistance and appropriate career services described in §§ 682.300 through 682.370, and 680.150 of this chapter, respectively, for workers upon receipt of a petition filed covering a group of workers. | |||||
| 20:20:3.0.2.1.12.3.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.360 Employment and case management services for trade-affected workers in training. | DOL | The State must make employment and case management services available, including placement and referrals to supportive services and follow-up services available through partner programs, to trade-affected workers during training, and after completion of training, and for AAWs on a waiver from training. | |||||
| 20:20:3.0.2.1.12.3.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.305 The Trade Adjustment Assistance Program as a one-stop partner. | DOL | (a) As provided by WIOA section 121(b)(1)(B)(vii), the TAA Program is a required one-stop partner under WIOA. (b) The State must ensure that the TAA Program complies with WIOA's one-stop partnership requirements at WIOA section 121(b)(1)(A)(i) through (v). This includes, among the other requirements, paying infrastructure costs where the TAA Program is being carried out. (c) The TAA Program must also comply with, and be a party to, the memorandum of understanding required under the regulations implementing WIOA at § 678.500 of this chapter, where the TAA Program is being carried out. | |||||
| 20:20:3.0.2.1.12.3.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.310 Responsibilities for the delivery of employment and case management services. | DOL | (a) The State is responsible for providing information to workers about the TAA Program, as required in § 618.816; (b) As part of the delivery of services, the State must: (1) Conduct intake, which includes interviewing each trade-affected worker and reviewing suitable training opportunities reasonably available to each worker under subpart F of this part; (2) Inform trade-affected workers of the employment services and allowances available under the Act and this part, including the application procedures, the filing requirements for such services, and enrollment deadlines for receiving TRA, as described in subpart G of this part; (3) Determine whether suitable employment, as defined in § 618.110, is available, and assist in job search activities related to securing suitable employment; (4) Accept applications for training; (5) Provide information on which training providers offer training programs at a reasonable cost and with a reasonable expectation of employment following the completion of such training, and assist in acquiring such training; (6) Monitor the progress and attendance of trade-affected workers in approved training programs; (7) Develop and implement a procedure for determining whether to issue a training waiver and to review waivers to determine whether the conditions under which they were issued have changed, in compliance with subpart G of this part; (8) Provide access to workshops and other resources related to job search strategies, resume building, interviewing, and other topics available through the TAA Program or through the one-stop delivery system; and (9) Coordinate the administration and delivery of additional appropriate employment services, benefits, training, supportive services, and supplemental assistance for workers with partner programs for which the trade-affected worker may be eligible. (c) The State must make available the employment and case management services in paragraphs (c)(1) through (7) of this section to trade-affected workers who apply for or are seeking… | |||||
| 20:20:3.0.2.1.12.3.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.325 Integrated service strategies and Workforce Innovation and Opportunity Act co-enrollment. | DOL | (a)(1) A State must co-enroll trade-affected workers who are eligible for WIOA's dislocated worker program. Workers may choose to decline co-enrollment in WIOA. A State cannot deny such a worker benefits or services under the TAA Program solely for declining co-enrollment in WIOA. (2) A State must also make co-enrollment available to trade-affected workers who are eligible for other one-stop partner programs to ensure that all necessary and appropriate services, including supportive services, are available to the worker. (b)(1) Trade-affected worker dislocated worker eligibility. Most trade-affected workers meet the eligibility criteria of a dislocated worker defined at WIOA section 3(15). (2) Partially separated worker and AAIW dislocated worker eligibility. In certain circumstances, such as a general announcement of a closure, partially separated workers and AAIWs may meet the eligibility criteria as a dislocated worker under WIOA and must also be co-enrolled. (3) Trade-affected worker dislocated worker ineligibility. Some trade-affected workers are ineligible for the WIOA dislocated worker program, including those that do not meet the Selective Service registration requirement, and will be exempt from the co-enrollment requirement in this section. | |||||
| 20:20:3.0.2.1.12.3.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.330 Assessment of trade-affected workers. | DOL | (a) The assessment process forms the basis for determining which TAA Program benefits and services, including training, are most appropriate to enable trade-affected workers to successfully become reemployed. (b) The State must schedule an initial assessment that provides sufficient time and information for the trade-affected worker to consider, request, and enroll in training or obtain a waiver of the training requirement in § 618.720(g) to protect the worker's eligibility to receive TRA under subpart G of this part. (c) Assessments are administered with the cooperation of the trade-affected worker and should include discussion of the worker's interests, skills, aptitudes, and abilities. (d) The results of assessments must be documented in the case file, either through case notes or as a stand-alone document. (e) If an assessment has already been administered by a partner program, it must be reviewed once a worker becomes a trade-affected worker to ensure it has the required components as listed in § 618.335 for an initial assessment and, if necessary, § 618.345 for a comprehensive and specialized assessment. If the assessment(s) does not contain the required components, the assessment(s) must be supplemented by the State, in conjunction with the trade-affected worker, to ensure it is fully compliant with TAA Program requirements in this part. (f) The State must make the trade-affected worker aware of the advantages of receiving an assessment(s). However, a worker may refuse an assessment. Since portions of the assessment(s) are necessary to determine eligibility for certain TAA Program benefits, a worker's refusal to provide necessary information, either as part of the assessment or outside of the assessment process, may result in a denial of a those benefits. This is detailed further in the applicable benefit sections throughout this part. | |||||
| 20:20:3.0.2.1.12.3.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.335 Initial assessment of trade-affected workers. | DOL | (a) A State must carry out an initial assessment for each trade-affected worker as part of the intake process described in section 239(g) of the Act. When applicable, a State must use the results of an assessment developed by a partner program, supplemented if necessary, as described in § 618.330(e). (b) The results of the initial assessment will determine the best service strategy to assist the trade-affected worker in obtaining reemployment and provide insight into which benefits and services under the TAA Program and partner programs would be most beneficial to the worker. The initial assessment of the availability of suitable employment to the worker in the local labor market must take into consideration the following factors: (1) Prevailing local labor market conditions, including the unemployment rate, local employer skill demands and hiring prerequisites; (2) The worker's knowledge, skills, and abilities from his or her education and previous employment; (3) Transferable skills that the worker may possess that would be of interest to other local employers; (4) Evaluation of a worker's skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs; and (5) Any barriers to the worker's reemployment, such as: (i) Lack of applicability of skills from the worker's present occupation to other occupations; (ii) Skills that are in excess supply in the labor market area; or (iii) Other barriers as outlined in WIOA section 3(24). (c) Based upon the information gathered in the initial assessment, described in paragraph (a) of this section, the State may: (1) Determine that suitable employment is available to the trade-affected worker, and if so, the State must make available employment and case management services. If the worker disagrees with the determination, the State must make available to the worker a comprehensive and specialized assessment (under § 618.345) to obtain additional information to determine whethe… | |||||
| 20:20:3.0.2.1.12.3.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.345 Comprehensive and specialized assessment of trade-affected workers. | DOL | (a) The State must make available a comprehensive and specialized assessment to all trade-affected workers. (b) The comprehensive and specialized assessment must take into account the trade-affected worker's goals and interests as they relate to employment opportunities either in the worker's commuting area or, where there is no reasonable expectation of securing employment in the worker's commuting area and the worker is interested in relocation, the employment opportunities and demand in the area to which the worker proposes to relocate. (c) The comprehensive and specialized assessment must expand upon the initial assessment regarding the trade-affected worker's interests, skills, aptitudes, and abilities. This may include use of diagnostic testing tools and instruments and in-depth interviewing and evaluation to identify barriers to employment and appropriate employment goals. The in-depth interviewing of trade-affected workers must include discussion of training opportunities reasonably available to each trade-affected worker, as described in subpart F of this part; reviewing the opportunities with each trade-affected worker; and informing each trade-affected worker of the requirements for participating in training, including the enrollment deadlines required for TRA eligibility. (d) The State may use information from the comprehensive and specialized assessment to determine whether the trade-affected worker has met the six criteria for approval of training listed in subpart F of this part. | |||||
| 20:20:3.0.2.1.12.3.1.8 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.350 Individual employment plans for trade-affected workers. | DOL | (a) A State must: (1) Make available an IEP; and (2) Document an IEP for any trade-affected worker seeking training under subpart F of this part or a job search allowance under subpart D of this part, before the worker receives those benefits and services. (b) An IEP must use the results of the initial and, if available, comprehensive and specialized assessments to assist in documenting a strategy to provide the trade-affected worker with the services needed to obtain employment, including the items listed in paragraph (c) of this section. (c) An IEP must document: (1) The trade-affected worker's employment goal, including the targeted occupation and industry; (2) The training program proposed, if any; (3) Any services that will be needed by the worker to obtain suitable employment, including career services, supportive services provided through partner programs, and post-training case management services; (4) If applicable, any supplemental assistance (subsistence or transportation payments) required for participation in training and the basis for their calculation; and (5) The worker's responsibilities under the plan. (d) If an IEP has been previously developed with a trade-affected worker by a partner program, it must be reviewed once the worker becomes TAA Program-eligible to ensure it has the components required by paragraph (c) of this section. If the IEP does not contain the components, the IEP must be supplemented by the State in conjunction with the worker to ensure it is fully compliant with the TAA Program requirements in this part. (e) The State must monitor the progress of the trade-affected worker in meeting the worker's responsibilities as listed in the IEP, including attendance and achievement in approved training programs. (f)(1) The State must modify the IEP as necessary to facilitate a successful performance outcome for the trade-affected worker. (2) The modification must be done with the worker's input. (3) At a minimum, the IEP must be modified when there is a change in the trai… | |||||
| 20:20:3.0.2.1.12.3.1.9 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | C | Subpart C—Employment and Case Management Services | § 618.355 Knowledge, skills, and abilities of staff performing assessments. | DOL | (a) Staff performing either the initial or comprehensive and specialized assessment must possess the following knowledge and abilities: (1) Knowledge of the local labor market; (2) Knowledge of local employer and occupation skill demands and hiring prerequisites, such as educational requirements and professional certifications; (3) The ability to identify transferable skills that a trade-affected worker may possess that would be of interest to other local employers outside of the worker's present occupational area; (4) The ability to evaluate quickly a worker's ability to conduct a self-directed job search; and (5) The ability to identify barriers to a worker's employment that could be overcome with training and case management services. (b) The staff performing these initial and comprehensive and specialized assessments may be from any partner program. (c) Funds under section 235A(1) of the Act may be used to improve and maintain the knowledge and abilities of staff conducting assessments for trade-affected workers. | |||||
| 20:20:3.0.2.1.12.4.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.400 Scope. | DOL | This subpart sets forth the conditions under which an AAW may apply for and receive a job search allowance to help the worker secure suitable employment outside the commuting area but within the United States. This subpart also sets forth the conditions under which an AAW may apply for and receive a relocation allowance to help the worker relocate to suitable employment secured outside the commuting area but within the United States. | |||||
| 20:20:3.0.2.1.12.4.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.445 Eligibility for a relocation allowance. | DOL | (a) Conditions. To be eligible for a relocation allowance, the AAW must: (1) File an application before either: (i) The later of the 425th day after the date of the certification under which the worker is covered, or the 425th day after the date of the worker's last total separation; or (ii) The 182nd day after the date the worker concluded training; (2) Be an AAW totally separated from adversely affected employment when the relocation begins; (3) Not have already received a relocation allowance under the same certification; (4) Relocate within the United States but outside the worker's commuting area; (5) Receive a determination by the State that the worker has no reasonable expectation of securing suitable employment in the commuting area, and has obtained either suitable employment or employment that pays a wage of at least the 75th percentile of national wages, as determined by the National Occupational Employment Wage Estimates, and otherwise meets the suitable employment requirements, or a bona fide offer of such employment, in the area of intended relocation; (6) Begin the relocation as promptly as possible after the date of certification but no later than: (i) 182 days after the worker filed the application for a relocation allowance; or (ii) 182 days after the conclusion of an approved training program, if the worker entered a training program that received supplemental assistance approved under § 618.640(c) (subsistence payments) and (d) (transportation payments), for training outside the worker's commuting area; and (7) Complete the relocation, as described in § 618.460(f), within a reasonable time as determined in accordance with FTR with the State giving consideration to, among other factors, whether: (i) Suitable housing is available in the area of relocation; (ii) The worker can dispose of the worker's residence; (iii) The worker or a family member is ill; and (iv) A member of the family is attending school, and when the family can best transfer the member to a school in the area o… | |||||
| 20:20:3.0.2.1.12.4.1.11 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.450 Findings required for a relocation allowance. | DOL | (a) Findings by liable State. Before the liable State may approve final payment of a relocation allowance, the liable State must make the following findings: (1) That the AAW meets the eligibility requirements for a relocation allowance specified in § 618.445(a)(1) through (7) and is not also simultaneously receiving a job search allowance as specified in § 618.445(b); (2) That the worker submitted the application for a relocation allowance within the time limits specified in § 618.445(a)(1); (3) That the worker began and completed the relocation within the time limitations specified in § 618.445(a)(6) and (7); and (4) That the worker obtained suitable employment, or a bona fide offer of such suitable employment, in the area of intended relocation, in accordance with § 618.445(a)(5). The liable State must verify (directly or through the agent State) the suitable employment, or the bona fide offer, with the employer. (b) Assistance by agent State. (1) When an AAW relocates to an agent State, the agent State is responsible for: (i) Assisting the worker in relocating to the State, completing an application for a relocation allowance with the liable State, and paying the relocation allowance; and (ii) Assisting the liable State by furnishing any information required for the liable State's determination on the claim. (2) The agent State must cooperate with the liable State in carrying out its activities and functions with regard to relocation applications. When requested by the liable State, the agent State must verify with the employer and report to the liable State whether the worker has obtained suitable employment, or a bona fide offer of suitable employment. | |||||
| 20:20:3.0.2.1.12.4.1.12 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.455 Determining the amount of a relocation allowance. | DOL | The AAW's relocation allowance includes the information in paragraphs (a) through (c) of this section, as applicable: (a) Reimbursement —(1) Travel. (i) The State may reimburse the AAW for up to 90 percent of the prevailing cost per mile by privately owned vehicle under the FTR, found at https://www.gsa.gov/, for travel from the AAW's old home to the AAW's new home. (ii) Separate travel of a family member or members who, for good cause and with the approval of the State, must travel separately to their new home, may also be reimbursed. For purposes of this paragraph (a)(1)(ii), good cause includes, but is not limited to, reasons such as a family member's health, schooling, job, or economic circumstances. (2) Lodging and meals. The State may reimburse the worker for 90 percent of lodging and meal expenses for the worker and his or her family while they are in transit, but such costs may not exceed the lesser of: (i) The actual lodging and meals cost to the worker and his or her family while they are traveling; or (ii) 50 percent of the prevailing per diem allowance under the FTR, found at https://www.gsa.gov/, for the relocation area for those days while the worker and his or her family are traveling. (3) Movement of household goods. (i) The State may reimburse the worker for 90 percent of the allowable costs of moving the workers and family's household goods and personal effects in accordance with the FTR (41 CFR chapter 302). This includes 90 percent of the costs of moving by the most economical commercial carrier the State can reasonably expect the worker to use, moving by rental truck or trailer (for rental, mileage, and fuel), or moving a house trailer or mobile home. It also includes 90 percent of the costs of temporary storage of household goods for up to 60 days. In approving the move of a house trailer or mobile home, the State must follow the specific requirements of the FTR, found at https://www.gsa.gov. (ii) For a commercial carrier move of household goods or house trailer or mobile … | |||||
| 20:20:3.0.2.1.12.4.1.13 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.460 Determinations and payment of a relocation allowance. | DOL | (a) Determinations. The State must promptly make and record determinations necessary to assure an AAW's eligibility for a relocation allowance. Sections 618.820 (determinations of eligibility; notices to individuals) and 618.828 (appeals and hearings) apply to these determinations. The State must include copies of such applications and all determinations by the State in the AAW's case file. (b) Payment. If the AAW makes a timely application, is covered under a certification, and is otherwise eligible, the State must make payment as promptly as possible. (c) Travel allowances —(1) Payment. The State must pay the allowances computed under § 618.455 no earlier than 10 days in advance of, and no later than at the time of, the AAW's scheduled departure to begin relocation. The State must make the payment for a family member approved for separate travel 10 days in advance of, or at the time of that family member's scheduled departure. (2) Worker evidence. After an AAW completes the relocation, the AAW must certify to the State the expenses associated with the relocation, in accordance with the FTR and Uniform Guidance in 2 CFR part 200. This may include receipts for all lodging, purchased transportation, or other expenses. If an advance the worker received was more or less than the actual allowance, the State must make an appropriate adjustment and pay the balance entitled, if any, or the worker must repay any excess received, if any. (d) Movement of household goods. The State must pay the amount equal to 90 percent of the estimate of the costs of moving the AAW's household goods by the most economical commercial carrier the State can reasonably expect the worker to use (as described in § 618.455(a)(3) (determining the amount of a relocation allowance) as follows: (1) Commercial carrier. If a commercial carrier moves the worker's household goods and personal effects, the State must provide the worker with an advance equal to 90 percent of the estimated cost of the move, including any other charges tha… | |||||
| 20:20:3.0.2.1.12.4.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.405 General. | DOL | (a) A State must grant a job search allowance to an AAW to help the worker secure suitable employment within the United States if the AAW meets the requirements in this subpart. A job search allowance for activities outside of the worker's commuting area may be provided for costs including, but not limited to: (1) Travel to and attendance at job fairs and interviews; (2) Travel to and attendance at prevocational workshops; (3) Making an in-person visit with a potential employer who may reasonably be expected to have openings for suitable employment; (4) Completing a job application in person with a potential employer who may reasonably be expected to have openings for suitable employment; (5) Going to a local one-stop, copy shop, Post Office, or similar entity to print, copy, mail, email, or fax a job application, cover letter, and/or a resume; (6) Going to a local one-stop, public library, community center, or similar entity to use online job matching systems, to search for job matches, request referrals, submit applications/resumes, attend workshops, and/or apply for jobs; and, (7) Attending a professional association meeting for networking purposes. (b) A State must grant a relocation allowance to an AAW to help the worker and the worker's family relocate within the United States if the AAW meets the requirements in this subpart. A State may grant a relocation allowance to a worker only once under a certification. A State may grant a relocation allowance to only one member of a family for the same relocation, even if there are multiple AAWs in the same family. If more than one member of a family applies for a relocation allowance for the same relocation, then the State must pay the allowance to the AAW who files first, if that AAW is otherwise eligible. | |||||
| 20:20:3.0.2.1.12.4.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.410 Applying for a job search allowance. | DOL | (a) Forms. To receive a job search allowance, an AAW must apply to the State, using the State's process. (b) Submittal. An AAW must apply for a job search allowance before beginning a job search to be funded by such an allowance. | |||||
| 20:20:3.0.2.1.12.4.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.415 Eligibility for a job search allowance. | DOL | (a) Conditions. To be eligible for a job search allowance an AAW must: (1) File an application before either: (i) The later of the 365th day after either the date of the certification under which the AAW is covered, or the 365th day after the AAW's last total separation; or (ii) The 182nd day after the date of concluding approved training; (2) Be an AAW totally separated from the job covered under the certification when beginning the job search; (3) Receive a determination by the State that the AAW: (i) Cannot reasonably expect to secure suitable employment in the commuting area; and (ii) Can reasonably expect to obtain, in the area of the job search, either: (A) Suitable employment; or (B) Employment that pays a wage of at least the 75th percentile of national wages, as determined by the National Occupational Employment Wage Estimates, and otherwise meets the definition of suitable employment; (4) Receive a determination by the State that the worker cannot reasonably expect to secure suitable employment by alternatives to being physically present in the area of the job search, such as by searching and interviewing for employment by means of the internet and other technology; (5) Not previously have received a relocation allowance under the same certification; and (6) Complete a State-approved job search within 30 calendar days after the worker leaves the commuting area to begin the job search. (b) Completion of job search. (1) An AAW has completed a job search when the worker either: (i) Obtains a bona fide offer of employment; or (ii) Has, with State verification, as provided in § 618.420(a)(2), contacted each employer the worker planned to contact, or to whom the State or other one-stop partner referred the worker as part of the job search. (2) The job search is complete when one of the actions in paragraph (b)(1) of this section occurs, whichever comes first. For purposes of paragraph (b)(1)(i) of this section, “bona fide” means the offer of suitable employment is made in good faith by a p… | |||||
| 20:20:3.0.2.1.12.4.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.420 Findings required for a job search allowance. | DOL | (a) Findings by liable State. Before a liable State may approve final payment of a job search allowance, the liable State must: (1) Find that the AAW meets the eligibility requirements for a job search allowance specified in § 618.415(a)(1) through (6); and (2) Verify that the worker contacted each employer the State certified or to whom the State or one-stop center referred the worker as part of the job search and must find that the worker completed the job search, as described in § 618.415(b) within the time limits stated in § 618.415(a)(6). (b) Assistance by agent State. (1) When an AAW files an application for a job search allowance to conduct a job search in an agent State, the agent State in which the worker conducts the job search is responsible for assisting the worker in conducting the job search, for assisting the liable State by furnishing any information required for the liable State's determination of the claim, and for paying the job search allowance. (2) The agent State must cooperate fully with the liable State in carrying out its activities and functions with regard to such applications. When requested by the liable State, the agent State must verify with the employer and report to the liable State whether the worker has obtained suitable employment, or a bona fide offer of suitable employment. | |||||
| 20:20:3.0.2.1.12.4.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.425 Amount of a job search allowance. | DOL | (a) Computation. The job search allowance is 90 percent of the total costs of an AAW's travel (as defined in paragraph (a)(1) of this section) and lodging and meals (as defined in paragraph (a)(2) of this section), up to the limit in paragraph (b) of this section: (1) Travel. The worker's allowable travel expenses may not exceed 90 percent of the prevailing cost per mile by privately owned vehicle under 41 CFR chapters 300 through 304, the Federal Travel Regulation (FTR), found at https://www.gsa.gov/, for round trip travel by the usual route from the worker's home to the job search area, though other forms of transportation may be utilized. (2) Lodging and meals. The worker's allowable lodging and meals costs cannot exceed the lesser of: (i) The actual cost for lodging and meals while engaged in the job search; or (ii) 50 percent of the prevailing per diem allowance under the FTR, found at https://www.gsa.gov/, for the worker's job search area. (b) Limit. The AAW's total job search allowance under a certification may not exceed $1,250, no matter how many job searches the worker undertakes. If the worker is entitled to be paid or reimbursed by another source for any of these travel, lodging, and meals expenses, the State must reduce the job search allowance by the amount of the payment or reimbursement. (c) Choice of mode of transportation. With respect to the limits established in paragraph (a)(1) of this section, an AAW may elect to use a different mode of transportation than the one for which the State calculated the applicable reimbursement amount. However, the State must limit the reimbursement to the worker to the amount calculated under paragraph (a)(1) of this section. | |||||
| 20:20:3.0.2.1.12.4.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.430 Determination and payment of a job search allowance. | DOL | (a) Determinations. The State must promptly make and record determinations necessary to assure an AAW's eligibility for a job search allowance. Sections 618.820 (determinations of eligibility; notices to individuals) and 618.828 (appeals and hearings) apply to these determinations. States must include copies of such applications and all determinations by the State in the AAW's case file. (b) Payment. If the AAW makes a timely application, is covered under a certification, and is otherwise eligible, the State must make payment promptly after the worker has completed a job search and complied with paragraph (d) of this section, provided that funds are available for job search allowances. (c) Advances. Once the State determines that the AAW is eligible for a job search allowance, it may advance the worker up to 60 percent of the estimated amount of the job search allowance subject to the limit in § 618.425(b), but not exceeding $750, within 5 days before the commencement of a job search. The State must deduct the advance from any payment under paragraph (b) of this section. (d) Worker evidence. After the AAW completes a job search, the AAW must certify to the State as to the employer contacts made and must provide documentation of expenses in accordance with FTR and Uniform Guidance at 2 CFR part 200. This may include receipts for all lodging, purchased transportation, or other expenses. If an advance the worker received was more or less than the actual allowance, the State must make an appropriate adjustment and pay the balance entitled, or the worker must repay the excess received. | |||||
| 20:20:3.0.2.1.12.4.1.8 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.435 Job search program participation. | DOL | (a) Requirements. An AAW who participates in an approved job search program (JSP), may receive reimbursement for necessary expenses of subsistence and transportation incurred for the worker's participation in the approved JSP, regardless of the worker's approval for, or receipt of, a job search allowance under §§ 618.420 and 618.430. (b) Approved JSP. A State may approve a JSP if: (1) The JSP is provided through WIOA, the public employment service, or any other Federal- or State-funded program, and meets the definition provided in § 618.110; or (2) The JSP is sponsored by the firm from which the AAW has been separated. (c) JSP allowances. Subsistence and transportation costs, whether inside or outside the AAW's commuting area, must be approved for workers participating in JSPs in accordance with § 618.640(a) and within available State funding levels. | |||||
| 20:20:3.0.2.1.12.4.1.9 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | D | Subpart D—Job Search and Relocation Allowances | § 618.440 Applying for a relocation allowance. | DOL | (a) Forms. To receive a relocation allowance, an AAW must apply to the State using the State's process. (b) Submittal. An AAW must apply for a relocation allowance and the State must approve the worker for a relocation allowance before the relocation begins. The State must make a timely determination on a relocation application submitted to allow the worker to promptly begin the relocation. | |||||
| 20:20:3.0.2.1.12.5.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.500 Scope. | DOL | This subpart provides the rules for RTAA. RTAA, authorized under section 246 of the Act, provides 50 percent of the difference between the wages received by the AAW at the time of separation from adversely affected employment and the wages received by the worker from reemployment for workers aged 50 and older who meet the eligibility criteria described in this subpart. This subpart identifies the eligibility criteria and the benefits available to AAWs who are eligible for RTAA. | |||||
| 20:20:3.0.2.1.12.5.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.505 Individual eligibility. | DOL | (a) Eligibility criteria. An AAW from a worker group certified under § 618.225 may elect to receive RTAA benefits if the AAW: (1) Is at least 50 years of age; (2) Earns not more than, or is projected to earn not more than, $50,000 in reemployment wages each year during the eligibility period, as further defined in § 618.520(a); (3) Earns less than, or is projected to earn less than, the AAW's annualized wages at separation, as further defined in § 618.520(a); (4)(i) Is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in any training program approved under subpart F of this part; or (ii) Is employed at least 20 hours per week and is enrolled in a TAA approved training program; and (5) Is not employed at the firm, as further defined in paragraph (b) of this section, from which the worker was separated. (b) Eligibility-relevant definitions. For purposes of RTAA, the following definitions apply: (1) Firm. The State must determine on a case-by-case basis what constitutes the “firm” for purposes of determining RTAA eligibility based on the certification. If the Department issues the certification under subpart B of this part for a worker group in an appropriate subdivision of a firm, an AAW in that group is not eligible for RTAA upon a return to employment within that subdivision, but may be eligible for RTAA upon a return to employment at another subdivision of the firm. If, however, the Department issues the certification for a worker group composed of all workers from the firm rather than from a subdivision, then the worker is not eligible for RTAA based on a return to employment in any subdivision of that firm. (2) Successor-in-interest. The State must determine if the firm now employing the AAW is the same firm as the one from which the AAW was separated. (i) In making its determination, the State should first review the certification under which the worker was covered, look for any amendments to the certification, and compare th… | |||||
| 20:20:3.0.2.1.12.5.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.510 Eligibility period for payments of Reemployment Trade Adjustment Assistance and application deadline. | DOL | (a) Adversely affected worker who has not received TRA. (1) In the case of an AAW who has not received TRA, the worker may receive benefits as described in § 618.520(a) for a period not to exceed 104 weeks beginning on the earlier of: (i) The date on which the worker exhausts all rights to UI based on the separation of the worker from the adversely affected employment that is the basis of the certification; or (ii) The date on which the worker first begins qualifying reemployment as described in § 618.505(e). (2) Where a worker has more than one separation from adversely affected employment, the relevant separation for determining the date on which the “worker exhausts all rights to UI” referenced in paragraph (a)(1)(i) of this section is the worker's last separation from adversely affected employment that qualifies the worker as an AAW. The Department uses the last separation because that separation is the one that triggers the worker's application for RTAA. Accordingly, the State must determine the worker's last separation for lack of work from adversely affected employment before the RTAA application. This principle applies only to the determination of the eligibility period and does not apply to the calculation of RTAA payments, where wages at separation are defined as the annualized hourly rate at the time of the most recent separation, as explained in § 618.520(a). (b) Adversely affected worker who has received TRA. In the case of an AAW who has received TRA, the worker may also receive RTAA benefits based on the same certification for a period of 104 weeks beginning on the date on which the worker first begins qualifying reemployment, reduced by the total number of weeks for which the worker received such TRA. (c) Applicable dates. To make the RTAA determination, the State will need to know the applicable dates for the AAW: The date of reemployment and either the date the worker exhausted all rights to UI, or the dates the worker began and ended receipt of TRA before the date of reemployment. Th… | |||||
| 20:20:3.0.2.1.12.5.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.515 Continuing eligibility and timing of payments. | DOL | (a) Continuing eligibility for RTAA. (1) Changing jobs during reemployment does not disqualify an otherwise eligible AAW from receiving subsequent RTAA payments for the remainder of the 104-week (2-year) eligibility period if the new reemployment meets the requirements of § 618.505. (2) An AAW already receiving RTAA payments who has a period of unemployment will not be eligible to receive RTAA for that period. Upon reemployment, the AAW must notify the State. If the new reemployment meets the requirements of § 618.505 and the worker meets all other eligibility requirements in this part, the AAW will be eligible to receive RTAA in accordance with the requirements of this section for the remaining portion of the 104-week (2-year) eligibility period. (3) If during a year during the 2-year eligibility period an AAW's cumulative wages exceed, or are projected to exceed, $50,000, the AAW will no longer be eligible to receive additional RTAA payments within that year. The AAW will be eligible for RTAA benefits in the next year and RTAA payments will resume until wages exceed, or are projected to exceed, $50,000, or until the $10,000 benefit limit is reached. (4) If the worker is employed part-time (at least 20 hours per week) and receiving RTAA while in TAA approved training, the State must verify participation in training on a monthly basis. Verification of participation in TAA approved training will be conducted in accordance with State policies. States may use training benchmarks, described at § 618.660, as a method of verification of participation. (b) Timing of RTAA payments. The State must make RTAA payments on a regular basis, either weekly, biweekly, or monthly, for no more than a 104-week (2-year) period for an AAW under any one certification, beginning no earlier than the first day of reemployment that satisfies the requirements of § 618.505. An AAW may receive retroactive payments, in a lump sum, for payments for which the AAW was eligible, but for which the AAW had not yet applied. (c) Periodic ver… | |||||
| 20:20:3.0.2.1.12.5.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.520 Benefits available to eligible adversely affected workers. | DOL | (a) Payment. A RTAA-eligible AAW may receive a maximum of $10,000 over a period of not more than 104 weeks (2 years). If the AAW received TRA, each week of TRA received reduces the total weeks of RTAA available by 1 week and reduces the total RTAA payment amount available in proportion to the reduction in the number of total weeks. (1) Total amount of benefits. RTAA supplements a worker's wages for up to 104 weeks (2 years) (reduced by the number of weeks of TRA received) or $10,000 (reduced in proportion to the reduction in the number of total weeks of TRA received), whichever occurs first, by an amount equal to the annualized wage differential as computed under paragraph (a)(2) of this section for an AAW employed full-time or paragraph (a)(3) of this section for an AAW employed less than full-time. (2) Annualized wage differential for initial eligibility of an AAW employed full-time. This amount is equal to 50 percent of: The AAW's annualized separation wages (as computed under paragraph (a)(2)(i) of this section) minus the amount of the AAW's annualized reemployment wages (as computed under paragraph (a)(2)(ii) of this section). (i) Annualized separation wages are the product of the AAW's hourly rate during the last full week of the AAW's regular schedule in adversely affected employment, multiplied by the number of hours the AAW worked during the last full week of such employment, multiplied by 52. The computation of annualized wages at separation excludes employer-paid health insurance premiums and employer pension contributions, as well as bonuses, severance payments, buyouts, and similar payments not reflective of the AAW's weekly pay. [(hourly rate × hours worked) × 52] (ii) Annualized reemployment wages are the product of the AAW's hourly rate during the first full week of reemployment, multiplied by the number of hours the AAW worked during the first full week of such reemployment, multiplied by 52 [(hourly rate × hours worked) × 52]. If the AAW's wages from reemployment change during the elig… | |||||
| 20:20:3.0.2.1.12.5.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.525 Determinations, redeterminations, and appeals. | DOL | (a) Determinations, redeterminations, and appeals. States must apply the requirements of §§ 618.820 (determinations of eligibility; notices to individuals) and 618.828 (appeals and hearings), respectively, to all determinations, redeterminations, and appeals under this subpart. (1) Before issuing a determination or redetermination, the State must verify and document the AAW's age, reemployment, and wages in determining whether the worker has met eligibility requirements of § 618.505(a). (2) A determination of eligibility issued to an AAW must include a notice that the benefit amount will be regularly recomputed (as required by § 618.515(d)) and will change if the eligible AAW's reemployment wages change. (3) An AAW denied individual eligibility based on nonqualifying reemployment may file a new application for a subsequent reemployment. (4) A State may approve an RTAA payment retroactively if an AAW becomes reemployed before the Department issues a certification under subpart B of this part, provided that the AAW otherwise meets the eligibility requirements of § 618.505(a). (b) Recordkeeping requirements. The recordkeeping and disclosure of information requirements of § 618.852 apply to the State's administration of RTAA. | |||||
| 20:20:3.0.2.1.12.5.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | E | Subpart E—Reemployment Trade Adjustment Assistance | § 618.530 Reductions of Reemployment Trade Adjustment Assistance payments; priority of payments. | DOL | (a) Ordered child support payments. State laws regarding deductions of payments from UI, TRA, and RTAA must comply with the Social Security Act (SSA). SSA section 303(e)(1) defines child support obligations as only including obligations which are being enforced pursuant to a plan described in section 454 of SSA which has been approved by the Secretary of Health and Human Services under part D of title IV of SSA. SSA does not otherwise permit deductions for alimony or for child support. (b) Priority of UI payments. RTAA does not fit into priority of payments under UI because RTAA is related to employment, not unemployment. UI and RTAA are two separate programs that operate independently of one another. | |||||
| 20:20:3.0.2.1.12.6.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.600 Scope. | DOL | This subpart sets forth the conditions and procedures under which a trade-affected worker may apply for and receive training to help secure reemployment. Training provided under this subpart must, at a reasonable cost and as quickly as possible, assist a trade-affected worker in obtaining the necessary skills to have a reasonable expectation of reemployment. All else being equal, States should prefer training that replaces 100 percent or more of a trade-affected worker's wages in adversely affected employment or that qualifies as suitable employment. | |||||
| 20:20:3.0.2.1.12.6.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.645 Voluntary withdrawal from a training program. | DOL | (a)(1) The State must advise a trade-affected worker who chooses to withdraw from a TAA approved training program that the withdrawal may, subject to the requirements in subpart H of this part, result in an overpayment. (2) The State must advise a worker who chooses to withdraw from a TAA approved training program that the withdrawal may, subject to the requirements in subpart G of this part, result in loss of eligibility for TRA. (b) A trade-affected worker who qualifies for an exception for service in the Uniformed Services, under the criteria set out in § 618.615(d)(4), may voluntarily withdraw from a training program. (c) A trade-affected worker who ceases participation in training for justifiable cause, as described in § 618.780(b)(3)(iii) (disqualifications), may resume the approved training program. (d) The trade-affected worker's eligibility for job search and relocation allowances will not be affected by the decision to withdraw from training. To be eligible for these allowances, the worker must meet all eligibility requirements for these benefits as set forth in §§ 618.410 (job search allowances) and 618.440 (relocation allowances). (e) If the trade-affected worker obtains suitable employment before training is completed yet remains in his or her training program: (1) The State must continue funding the approved training program if training benchmarks, described at § 618.660, continue to be satisfactorily met. (2) The State must consider whether to amend the worker's training program; and (3) The State must discuss with the worker whether the training program continues to serve a useful purpose. | |||||
| 20:20:3.0.2.1.12.6.1.11 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.650 State standards and procedures for establishing reasonable cost of training. | DOL | (a) A State is not prohibited from setting a statewide limit or limits for local workforce development areas on the amount of training costs considered reasonable and appropriate for training programs. Any limit(s) must reasonably take into account the costs of training available in the local workforce development areas throughout the State and the expenditure must be prudent under the standards of the Office of Management and Budget's (OMB's) Uniform Guidance (2 CFR 200.404) and its attendant interpretive administrative guidance. Additionally, States must comply with the standards for reasonableness in § 618.610(f)(2), including those permitting States to allow training other than the least-cost option if the extra cost is justified by better trade-affected worker outcomes or a faster return to the workforce. If the State chooses to implement a statewide limit, it must arrive at a reasonable limit based upon training costs throughout the State, recognizing that costs may vary significantly between urban areas and rural areas. The State must also develop and implement a method to exceed the limit(s), which must require the local area to secure State approval, as described in paragraph (b) of this section, before training is approved. (b) The State must develop transparent standards and procedures that provide for prompt consideration of any request for approval of training costs that exceed the established training cost limit(s) set by the State under paragraph (a) of this section. The review standards developed by the State under this paragraph (b) must allow for approval of costs that exceed the applicable training cost limit when a training program that exceeds the cost limit(s) will provide the most reasonable way of returning a particular trade-affected worker to employment at higher wages—or on a pathway to do so—than in the absence of training. (c) The State must propose an alternative training program consistent with the reasonable cost criteria, as described at § 618.610, when a training program is not… | |||||
| 20:20:3.0.2.1.12.6.1.12 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.655 Training for adversely affected incumbent workers. | DOL | (a) AAIW training. Pursuant to sections 236(a)(1) and 247(18) of the Act, a State may approve training for an AAIW, or training for a worker before separation occurs. An AAIW may apply for training and a State may approve training at any time after the date on which the AAIW is determined to be individually threatened with layoff without regard to whether such worker has applied for or exhausted all rights to any UI to which the worker is entitled. (b) Threat of layoff. A State may determine that a worker has been individually threatened with total or partial separation when the worker has received a notice of termination or layoff from employment. Other documentation of a threat of total or partial separation from the firm or other reliable source may be accepted. (c) Approval of training. Except as specified in this section, the provisions of this subpart extend to AAIWs. The following exceptions to the training approval requirements apply to AAIWs: (1) The State may not approve OJT under § 618.635(a) for AAIWs. (2) Customized training for AAIWs under § 618.635(b) may be approved only if the training is for a position other than the AAIW's adversely affected position. (d) Disqualification and restrictions. (1) The State must periodically verify that the threat of total or partial separation continues to exist for the AAIW for the duration of the approved training. This may be accomplished by verifying with the AAIW's employer that the threat of separation still exists before funding each subsequent portion of the training. (2) Funding of a training program must cease upon the removal of the threat. The AAIW must cease the training upon the conclusion of the most recently funded portion, semester or quarter for which expenses have already been accrued. No additional funding will be available while the threat of separation is removed. Funding may resume for the original training program that had been previously approved upon a determination by the State that the threat of separation has been reestab… | |||||
| 20:20:3.0.2.1.12.6.1.13 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.660 Training benchmarks. | DOL | (a) Requirement for training benchmarks. A State must establish and document training benchmarks, as provided in paragraph (f) of this section, for individual AAWs so that they can meet Completion TRA eligibility requirements, described at § 618.765. The benchmarks must be established when the worker enrolls in an approved training program, so that the State can monitor the worker's progress toward completing the approved training duration limits established at § 618.615. (b) Scope of requirement. Training benchmarks must be established for all but short-term training programs. (c) Measurement against training benchmark. To review the AAW's progress against the benchmarks, States may request that the training provider provide documentation of the worker's satisfactory progress, including instructor attestations, progress reports, etc. The case manager may attest to the worker's progress after consultation with the training provider and the worker. (d) Must be included in IEP. The training benchmarks must be described in the AAW's IEP, if available, or otherwise documented in the worker's case file. (e) Benchmark qualities. Benchmarks must be flexible enough to allow for some variability, and both practical and measurable enough to allow administration across a broad spectrum of training scenarios. (f) Review of benchmarks. The State must evaluate and document satisfactory progress against the benchmarks in paragraphs (f)(1) and (2) of this section at intervals of not more than 60 days, beginning with the start of the approved training program: (1) The AAW is maintaining satisfactory academic standing (e.g., not on probation or determined to be “at risk” by the instructor or training provider); and (2) The AAW is on schedule to complete training within the timeframe identified in the approved training program. (g) Actions following failure to meet a benchmark. (1) Upon failure to meet a benchmark, the State must provide a warning to the AAW that his or her eligibility for Completion TRA is in… | |||||
| 20:20:3.0.2.1.12.6.1.14 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.665 Amending approved training. | DOL | (a) Conditions for amending approved training. The State must, with the cooperation of the trade-affected worker, amend a worker's approved training program under the following conditions: (1) The State determines that one or more of these conditions are present: (i) A course or courses designed to satisfy unforeseen needs of the worker, such as remedial education or new employer skills requirements, are necessary; (ii) A course or courses added to the training program will enhance and complement the worker's original training program, such as preparatory courses to obtain an industry-recognized credential, certification, or license that will improve the worker's chance of being hired; (iii) Additional assistance such as tutoring or the use of translators would benefit the worker, keep the worker qualified for the training in which he or she is enrolled, and be sufficient for the worker to complete the training program; (iv) Approval of a longerterm training program that will improve the likelihood of employment upon the completion of such training; (v) The originally approved training program cannot be successfully completed by the worker; (vi) The originally approved training program is determined to be of inferior quality; (vii) Training in another occupation will lead to a greater likelihood of training completion or a better employment outcome, as a result of a change in labor market conditions or the worker's experience in the originally approved training program, or other similar factor; (viii) The worker is moving from full-time training to part-time training or from part-time training to full-time training; (ix) An AAIW has been separated from adversely affected employment and has transitioned to become an AAW, or an AAIW is continuing training after a threat of separation was first removed, then resumed; or (x) An additional source of funding becomes available for which a prearrangement is required under § 618.625(c)(4). (2) The combination of time spent in the originally approved training… | |||||
| 20:20:3.0.2.1.12.6.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.605 General procedures. | DOL | (a) Assessments. The State must ensure and document that every trade-affected worker has an initial assessment and that a comprehensive and specialized assessment is made available, as described in subpart C of this part. If a worker refused to take an assessment, the information necessary to determine eligibility for training must be documented. If a trade-affected worker has an IEP, the assessment results must support the training program set out in the worker's IEP, as described in subpart C of this part, before an application for training is approved. As with assessments, if a worker refused to develop an IEP, the information necessary to determine eligibility for training must be documented. (b) Applications. Applications for training, including requests for TAA Program-funded transportation and subsistence payments, must be made to the State in accordance with any policies and procedures established by the State. (c) Determinations. Decisions on selection for, approval of, or referral of a trade-affected worker to training, including whether to provide TAA Program-funded transportation and subsistence payments, under this subpart, or a decision with respect to any specific training or nonselection, nonapproval, or nonreferral for any reason is a determination to which §§ 618.820 (determinations of eligibility; notices to individuals), 618.824 (liable State and agent State responsibilities), and 618.828 (appeals and hearings) apply. (d) Training opportunities. (1) The State must explore, identify, and secure training opportunities to ensure trade-affected workers return to employment as soon as possible. States must use all necessary and reasonable means to find alternatives when local training resources cannot adequately train trade-affected workers for reemployment. Training resources may be inadequate when they cannot train workers quickly, or at a reasonable cost, or equip workers with skills that meet the demands of the job market. (2) When available training is inadequate, TAA Program funds… | |||||
| 20:20:3.0.2.1.12.6.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.610 Criteria for approval of training. | DOL | The State must consult the trade-affected worker's assessment results and IEP, if available, as described respectively under §§ 618.345 and 618.350, before approving an application for training. Training must be approved for a trade-affected worker if the State determines that all of the criteria in paragraphs (a) through (f) of this section are met: (a) Criterion 1. There is no suitable employment available for the trade-affected worker. (1) There is no suitable employment available for a trade-affected worker in either the commuting area or another area outside the commuting area to which the worker intends to relocate, and there is no reasonable prospect of such suitable employment becoming available for the worker in the foreseeable future. (2) If a training program, or an application for training, is denied under paragraph (a)(1) of this section, the State must document the availability of suitable employment through traditional and real-time labor market information including, but not limited to, projections data, job postings, and job vacancy surveys. (b) Criterion 2. The trade-affected worker would benefit from appropriate training. (1) The worker would benefit from appropriate training when training, skills training, or remedial education would increase the likelihood of obtaining employment. Appropriate training should improve the worker's chances of obtaining employment at higher wages than in the absence of training or place the worker on a pathway to do so. (2) The worker must have the knowledge, skills, and abilities to undertake, make satisfactory progress in, and complete the training program. (c) Criterion 3. There is a reasonable expectation of employment following completion of such training. Given the labor market conditions expected to exist at the time of the completion of the training program, a reasonable expectation, fairly and objectively considered, exists that the trade-affected worker is likely to find employment, using the skills and education acquired while in training,… | |||||
| 20:20:3.0.2.1.12.6.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.615 Limitations on training approval. | DOL | (a) One training program per certification. (1) Except as provided under paragraph (d)(4) of this section, no trade-affected worker may receive more than one approved training program under a single certification. (2) A training program may be amended, as needed, in compliance with § 618.665. (3) A training program may consist of multiple forms of training, including any or all of the types of training identified in § 618.620, subject to any restrictions or eligibility requirements that may exist. (b) Full-time or part-time training. A State may approve a training program on a full-time or part-time basis. A trade-affected worker's approved training program may consist of either part-time or full-time training, or a combination of both. A worker may switch from part-time to full-time training or from full-time to part-time training during the period of the worker's participation in the program. The training program must be amended each time this occurs, in accordance with § 618.665. (1) Full-time. Full-time training means that the training is in accordance with the definition of full-time training provided in § 618.110. (2) Part-time. (i) A State may approve part-time training. Part-time training is any training program that is not full-time in accordance with the established standards of the training provider. The maximum duration for approved training provided in paragraph (d)(3)(i) of this section also applies to part-time training. (ii) A worker enrolled in part-time training is not eligible for TRA under subpart G of this part, including a worker who ceases full-time training to engage in part-time training. The training approval requirements found in this section also apply to part-time training. (iii) A worker may participate in part-time training while employed in either part-time or full-time employment. (iv) The State must clearly inform the worker, before the worker chooses part-time training, that TRA is not available to workers in approved part-time training and that the worker may … | |||||
| 20:20:3.0.2.1.12.6.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.620 Selection of training program. | DOL | (a) Standards and procedures for selection of training. The State must document the standards and procedures used to select training providers and training(s) in which the training program under this subpart will be approved. (1) In determining the types of training to be approved and provided under the standards, the State should consult with partner agencies, including State partner agencies (e.g., State apprenticeship agencies or Federal Offices of Apprenticeship located in the States), WIOA one-stop partners, local employers, appropriate labor organizations, local educational organizations, the LWDB, State and local apprenticeship programs, local advisory councils established under the Strengthening Career and Technical Education for the 21st Century Act (Pub. L. 115-224 (2018), as codified at 20 U.S.C. 2301 et seq. ), and postsecondary institutions. (2)(i) States may choose an eligible training provider (ETP) established under WIOA section 122 without establishing additional standards or procedures under the TAA Program. (ii) As provided in section 236 of the Act, States must not limit training approved under this section to only programs on the ETP list under title I of WIOA. (b) Training types. Eligible trade-affected workers must be provided training using either one, or a combination of, the following methods: (1) Work-based training, such as apprenticeships, OJT, or customized training, may be approved for AAWs. Customized training with the worker's current employer may only be approved for AAIWs if the training is for a position other than the AAIW's threatened position. See § 618.655(c)(2). AAIWs must not be approved for OJTs. See § 618.655(c)(1). The State must inform the worker of the potential negative effects of work-based training on TRA and the HCTC, if available; or (2) Institutional training, including training at public area career and technical education schools, as well as community colleges, may be approved alone or in combination with work-based training. This also includes dis… | |||||
| 20:20:3.0.2.1.12.6.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.625 Payment restrictions for training programs. | DOL | (a) Funding of training programs. The costs of a training program approved under the Act may be paid: (1) Solely from TAA Program funds; (2) Solely from other public or private funds; or (3) Partly from TAA Program funds and partly from other public or private funds. (b) No duplication of costs allowed. (1) Any use of TAA Program funds to duplicate the payment of training costs by another source is prohibited. (2) When the payment of the costs of training has already been made under any other Federal law, or the costs are reimbursable under any other Federal law and a portion of the costs has already been paid under other such Federal law, payment of such training costs may not be made from TAA Program funds. (3) When the direct costs of a training program approvable under § 618.610 (criteria for approval of training) are payable from TAA Program funds and are also wholly or partially payable from any other source, the State must establish procedures to ensure TAA Program funds will not duplicate funds available from the other source(s). This preclusion of duplication does not prohibit and should not discourage sharing of costs under prearrangements authorized under paragraph (c)(2) of this section. (c) Cost sharing permitted. (1) TAA Program funds are the primary source of Federal assistance to trade-affected workers, as identified in § 618.804(h)(4). If the costs of training a trade-affected worker can be paid under the TAA Program, no other payment for such costs may be made under any other provision of Federal law. (2) States may share training costs with authorities administering other non-Federal, State, and private funding sources. Sharing training costs with other Federal sources may only occur if TAA Program funds are not available to cover the total cost of training, as described in paragraph (d)(2)(ii) of this section. (3) Sharing the future costs of training is authorized where prior costs were paid from another source, but this paragraph (c)(3) does not authorize reimbursement from TAA… | |||||
| 20:20:3.0.2.1.12.6.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.630 Training of reemployed trade-affected workers. | DOL | (a) An AAW who obtains new employment and who has been approved for a training program may elect to terminate the employment, reduce the hours worked in the employment, or continue in full- or part-time employment. Such a worker is not subject to ineligibility or disqualification for UI or TRA as a result of such termination or reduction in employment. A worker who continues such full- or part-time employment while a participant in training is considered to be in training under § 618.780(b) (disqualifications). If the worker continues in full- or part-time employment while a participant in an approved training program, the State must inform the worker in writing that such employment may have negative effects on UI and TRA benefit amounts and duration due to income earned from the employment (and also because a worker participating in part-time training is not eligible for TRA), which could also lead to the loss of the HCTC, if available. The State must apply the earnings disregard provisions in subpart G of this part, as appropriate. (b) An AAW who has been totally separated as described in paragraph (a) of this section may also be eligible for job search and relocation allowances under subpart D of this part. | |||||
| 20:20:3.0.2.1.12.6.1.8 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.635 Work-based training. | DOL | (a) OJT —(1) Description. OJT is work-based training provided under contract with an employer in the public, nonprofit, or private sector to an AAW who is employed by the employer. OJT may be approved if the worker meets the requirements under §§ 618.610, 618.615, and 618.665. The State must determine that the OJT in question: (i) Can reasonably be expected to lead to suitable employment with the employer offering the OJT; (ii) Is compatible with the skills of the worker; (iii) Includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and (iv) Can be measured by standards or targets that indicate the worker is gaining such knowledge or skills. (2) Related education. Related skills training provided as part of the OJT contract and sponsored by the employer may be provided in conjunction with the OJT. Such training may be provided at the employment site, or at educational institutions, or other locations. TAA Program funds can be used to pay the OJT participant's expenses associated with the educational or instructional component (e.g., classroom and distance learning, tools, uniforms, equipment, and books) for an AAW's participation in an OJT program. (3) Duration. The OJT contract with the employer must specify the duration of the OJT. The duration of the OJT must be appropriate to the occupational goal for which the AAW is being trained, taking into consideration the skills requirements of the job for which the AAW is being trained, the academic and occupational skill level of the AAW, and the work experience of the AAW, as documented in the worker's IEP, if available. The duration of the training must be long enough for the worker to become sufficiently proficient in the occupation for which the training is being provided to enable the worker to perform as well as workers in comparable positions within the firm. The OJT: (i) Must not exceed the specific vocational preparation required for the occupation, … | |||||
| 20:20:3.0.2.1.12.6.1.9 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | F | Subpart F—Training Services | § 618.640 Supplemental assistance. | DOL | (a) General. Supplemental assistance in the form of subsistence and transportation payments must be provided to a trade-affected worker whose training program has been approved under § 618.610 (Criteria for approval of training), to defray reasonable subsistence and transportation expenses while the worker attends training at a facility outside the worker's commuting area. The need for such subsistence and transportation payments must be documented on the worker's IEP, if available, or in the worker's case file. Subsistence and transportation payments may also be documented on a training approval form, or other such form as the State chooses, to ensure that the supplemental assistance is documented in the worker's case file. (b) Applications for supplemental assistance. A trade-affected worker must submit an application for subsistence or transportation payments in accordance with subpart H of this part and processes established by the State. A determination on an application submitted under this section is subject to §§ 618.820 (determinations of eligibility; notices to individuals) and 618.828 (appeals and hearings). (c) Subsistence payments —(1) General. Subsistence payments must be made for the reasonable costs of meals and incidental expenses, and of separate maintenance, which means maintaining temporary living quarters, when the training facility is located outside the trade-affected worker's commuting area. (2) Requirements for subsistence payments. (i) A trade-affected worker must be reimbursed for subsistence only for the period when the worker is not receiving or authorized to receive reimbursement or separate payments for such costs from any other source. (ii) Subsistence payments must not be made for any day such worker receives a daily commuting transportation payment from TAA Program funds or from any other source, except as specified in paragraph (e) of this section. (iii) Subsistence payments must not be made for any day of unexcused absence from the training program, as certified b… | |||||
| 20:20:3.0.2.1.12.7.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.700 Scope. | DOL | This subpart explains the requirements for eligibility, amounts, and duration of Basic TRA, Additional TRA, and Completion TRA, all of which are income support in the form of cash payments for an AAW. | |||||
| 20:20:3.0.2.1.12.7.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.745 Weekly amounts of Basic, Additional, and Completion Trade Readjustment Allowances. | DOL | (a) TRA amount. The amount of Basic, Additional, or Completion TRA payable for a week of unemployment (including a week of approved training) is an amount equal to the most recent weekly benefit amount of UI (including dependents' allowances) payable to the AAW for a week of total unemployment preceding the worker's first exhaustion of UI following the worker's first qualifying separation, except that: (1) Where a State calculates a base period amount of UI and calculates dependents' allowances on a weekly supplemental basis, TRA weekly benefit amounts must be calculated in the same manner and under the same terms and conditions as apply to claimants for UI except that the base amount must not change. (2) For partially separated workers, the weekly amount of TRA must be calculated as determined under the applicable State law. (b) Workers who are undergoing training. Any AAW in approved training who is thereby entitled for any week to TRA and a training allowance (as defined in § 618.705) under any other Federal law for the training of workers, will be paid for each week in which the AAW is undergoing approved training, TRA in the amount (computed for each week) equal to the amount computed under paragraph (a) of this section or, if greater, the amount of any weekly allowance for such training to which the AAW would be entitled under any other Federal law for the training of workers, if the AAW applied for such allowance. TRA must be paid in lieu of any payment for training made directly to the AAW to which the AAW is entitled under such other Federal law. (c) Reductions to the TRA weekly amount. The weekly amount of TRA payable under this section will be reduced (but not below zero) by: (1) Income that is deductible from UI under the disqualifying income provisions of the applicable State law or Federal UI law, except that in the case of an AAW who is participating in approved training, such income must not include earnings from work for such week that are equal to or less than the most recent weekly b… | |||||
| 20:20:3.0.2.1.12.7.1.11 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.750 Maximum amount of Basic Trade Readjustment Allowances. | DOL | (a) General rule. Except as provided in paragraph (b) of this section, the maximum amount of Basic TRA payable to an AAW is the product of 52 multiplied by the TRA weekly amount for a week of total unemployment, calculated under § 618.745(a) (weekly amounts of TRA), reduced by the total sum of UI (except State-funded additional compensation) that the AAW was entitled or would have been entitled to had the worker applied in such worker's first benefit period. (b) Exceptions. The maximum amount of TRA determined under paragraph (a) of this section does not include: (1) The amount of dependents' allowances paid as a supplement to the base weekly amount determined under § 618.745; or (2) The amount of the difference between the AAW's weekly increased allowances determined under § 618.745(b) and such worker's weekly amount determined under § 618.745(a). | |||||
| 20:20:3.0.2.1.12.7.1.12 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.755 Eligibility period for Basic Trade Readjustment Allowances. | DOL | (a) Except as provided in paragraph (b) of this section, an AAW is ineligible to receive Basic TRA for any week of unemployment beginning after the close of the 104-week period beginning with the first week following the week in which the AAW's most recent qualifying separation occurred or after certification, whichever is later. (b) A State may not count any period during which a judicial or administrative appeal is pending with respect to a denial of a petition filed under subpart B of this part for the purpose of calculating the period of separation described in paragraph (a) of this section. The separation will be deemed as having occurred on the certification date and the Basic TRA eligibility period will begin on the week that follows the certification date. | |||||
| 20:20:3.0.2.1.12.7.1.13 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.760 Qualifying requirements for, and timing and duration of, Additional Trade Readjustment Allowances. | DOL | (a) Qualifying requirements for Additional TRA. An AAW is eligible to receive Additional TRA for any week only if: (1) The worker meets all qualifying requirements for receipt of Basic TRA in § 618.720; and (2) Except as provided in § 618.775 for a break in training, the AAW is participating in approved training. (b) Timing and duration of Additional TRA. Additional TRA is payable for up to 65 weeks during the 78 consecutive calendar week period that: (1) Immediately follows the last week of entitlement to Basic TRA otherwise payable to the AAW; (2) Begins with the first week of approved training, if such training begins after the last week described in paragraph (b)(1) of this section; or (3) Begins with the first week in which such training is approved under subpart F of this part, if such training is approved after the training already has commenced (although Additional TRA or training costs may not be paid for any week before the week in which the TAA approved training was approved). | |||||
| 20:20:3.0.2.1.12.7.1.14 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.765 Qualifying requirements for, and timing and duration of, Completion Trade Readjustment Allowances. | DOL | (a) Qualifying requirements for Completion TRA. An AAW is eligible to receive Completion TRA if such worker meets all qualifying requirements for receipt of Basic TRA in § 618.720 and Additional TRA in § 618.760, and if the eligibility criteria in paragraphs (a)(1) through (3) of this section are met for that week. The requirements in this paragraph (a) are applied at the time the State approves payment for a week of Completion TRA. The eligibility criteria are: (1) Payment of Completion TRA is necessary for an AAW to complete the approved training described in paragraph (a)(2) of this section. (2) The AAW is participating in approved training each week that leads to the completion of a degree or industry-recognized credential and the worker's training program will extend for a period longer than the periods during which Basic and Additional TRA are payable under §§ 618.755 (eligibility period for Basic TRA) and 618.760 (qualifying requirements for, timing and duration of, Additional TRA), and the requested weeks are necessary for the worker to complete training. (3) The worker- (i) Has substantially met the performance benchmarks in § 618.660 (training benchmarks) established as part of the approved training under subpart F of this part; (ii) Is expected to continue to make progress toward the completion of the approved training; and (iii) Will complete the approved training during the period of eligibility described in paragraph (c) of this section. (4) If, during the period in which an AAW is eligible to receive Completion TRA, the worker ceases to meet any of the eligibility criteria in paragraphs (a)(1) through (3) of this section, no further Completion TRA is payable to such worker. (b) Weeks payable. A total of up to 13 weeks of payments are allowable during the period of eligibility described in paragraph (c) of this section. (c) Eligibility period. Completion TRA may be payable during the period of 20-week consecutive calendar period that begins with the first week in which an AAW files a … | |||||
| 20:20:3.0.2.1.12.7.1.15 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.770 Special rule for justifiable cause. | DOL | (a) The eligibility period during which Basic, Additional, and Completion TRA are payable to an AAW may be extended for justifiable cause, which has the same meaning as good cause in § 618.730. (b) While the eligibility period for Basic, Additional, and Completion TRA may be extended for justifiable cause as determined by the State, the maximum benefit amount and number of weeks this benefit may be received must not change. | |||||
| 20:20:3.0.2.1.12.7.1.16 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.775 Payment of Trade Readjustment Allowances during breaks in training. | DOL | (a) Basic and Additional TRA are payable to an otherwise eligible AAW during breaks in training (periods within or between courses, terms (quarters or semesters), and academic years) that do not exceed 30 days (counted in accordance with paragraph (b) of this section), only if: (1) The AAW participated in approved training of this part immediately before the beginning of the break in training; (2) The break in training was provided in the established schedule of the training provider; and (3) The AAW resumes participation in the approved training immediately after the break ends. (b) For the purpose of determining whether a break in training is within the 30-day maximum allowed under this section, all calendar days beginning with the first day of the training break and ending with the last day of the break, as provided in the published schedule of the training provider, must be counted. However, any Saturday, Sunday, or official State or national holiday occurring during the scheduled break in training is excluded from the 30-day count if training normally would not be scheduled in the training program during those days if there was no break. (c) For Completion TRA, breaks in training are permissible during the 20-week eligibility period. However, payments during breaks in training are not allowed. | |||||
| 20:20:3.0.2.1.12.7.1.17 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.780 Disqualifications. | DOL | (a) General rule. Except as stated in paragraph (b)(1) or (c) of this section and in § 618.832(b)(2) (overpayments; penalties for fraud), an AAW may not be paid TRA for any week of unemployment such worker is or would be disqualified from receiving UI under the disqualification provisions of the applicable State law, including the provisions of the applicable State law that apply to EB claimants and are consistent with EUCA. (b) Disqualification of trainees —(1) State law inapplicable. A State law may not be applied to disqualify an AAW from receiving UI or TRA because: (i) Such worker is enrolled in or participating in an approved training program; (ii) Such worker refuses work to which the State referred such worker because such work either would require discontinuation of approved training or interfere with successful participation in TAA approved training, except that this paragraph (b)(1)(ii) does not apply to an AAW who is ineligible under paragraph (b)(2) of this section; (iii) Such worker quits work that was not suitable employment and it was reasonable and necessary to quit in order to begin or continue approved training. This includes temporary employment the worker may have engaged in during a break in training; (iv) Such worker continues full-time or part-time employment while participating in approved training; or (v) Such worker leaves OJT within the first 30 days because the OJT is not meeting requirements of section 236(c)(1)(B) of the Act. (2) Disqualifications. An AAW who, without justifiable cause (as described in paragraph (b)(3)(iii) of this section), fails to begin participation (as described in paragraph (b)(3)(i) of this section) in approved training, or ceases participation (as described in paragraph (b)(3)(ii) of this section) in such training, or for whom a waiver is revoked under § 618.735(f) (waiver of training requirement for Basic TRA), may not receive Basic TRA for any week in which such failure, cessation, or revocation occurred. The disqualification will continue fo… | |||||
| 20:20:3.0.2.1.12.7.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.705 Definitions. | DOL | (a) For purposes of TRA, an AAW is “participating in approved training” if: (1) The worker is either attending and taking part in all scheduled classes, required activities, and required events in a given week, or the training provider has excused the worker's absence or failure to take part in accordance with its written policies. (2) In the case of distance learning, the worker is either meeting all the requirements of the training provider in a given week in accordance with its rules, regulations, and standards, or the training provider has excused the worker's failure to meet those requirements in accordance with its written policies. (b) For purposes of TRA, the term “training allowance” means any assistance or payment, excluding Federal student financial assistance, that can be used for the same purpose as funds for the costs of training covered by the TAA Program, and that is given or paid directly to the AAW. (c) For purposes of TRA, the term “adversely affected employment” includes employment at a successor-in-interest, and such wages reported to the State or received by an AAW from a successor-in-interest are included as wages under § 618.720(c). | |||||
| 20:20:3.0.2.1.12.7.1.3 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.710 Categories of Trade Readjustment Allowances. | DOL | (a) Basic TRA. Basic TRA is payable to an AAW who meets the requirements of § 618.720. Basic TRA is payable for weeks of unemployment after the worker meets the criteria for exhaustion of UI under § 618.720(e) and, consistent with § 618.725, for weeks of unemployment during which the worker either is enrolled in, is participating in, or has completed approved training, or has received a waiver of the training requirement under § 618.735. (b) Additional TRA. Additional TRA is payable to an AAW who meets the requirements of § 618.760. Additional TRA is payable only for weeks of unemployment during which the worker is participating in approved training. (c) Completion TRA. Completion TRA is payable to an AAW who meets the requirements of § 618.765. Completion TRA is payable only for weeks of unemployment during which the worker is participating in approved training. Completion TRA is payable only after the worker has exhausted all rights to Basic and Additional TRA. | |||||
| 20:20:3.0.2.1.12.7.1.4 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.715 Applications for Trade Readjustment Allowances and payment. | DOL | (a) Timing of applications. (1) An initial application for TRA must be filed after certification of the appropriate worker group has been made. (2) An application for TRA must be filed within the time limit applicable to claims for regular compensation under the applicable State law. (b) Applicable procedures. Applications must be filed in accordance with this subpart and on forms furnished to AAWs by the State. The State's procedures for filing applications for TRA, and for reporting, must be consistent with this part and the Department's “Standard for Claim Filing, Claimant Reporting, Job Finding, and Employment Services,” Employment Security Manual, part V, sections 5000 through 5004 (appendix A to this part), except that such procedures may allow for the filing and processing of applications by paper, telephone, the internet, or other similar methods as provided for in paragraph (e)(2) of this section. (c) Treatment of determinations. Determinations on TRA applications are determinations to which §§ 618.820 (determinations of eligibility; notices to individuals), 618.824 (liable State and agent State responsibilities), and 618.828 (appeals and hearings) apply. Copies of such applications for TRA and all determinations by the State on such applications must be included in the AAW's case file. (d) Payment of TRA. (1) A State must not make any payment of TRA until a certification is issued and the State determines that the AAW is a member of a worker group covered under the specified certification. (2) An AAW, if he or she otherwise meets the eligibility requirements of this subpart, including exhaustion of UI, may be entitled to TRA for any week of unemployment that begins on or after the date of the applicable certification. (3) An AAW may receive only one form of TRA (Basic, Additional, or Completion) for any given week. (e) Taking of applications. (1) An initial application is required for TRA and a separate application is required for Completion TRA. (2) Applications may be filed and proce… | |||||
| 20:20:3.0.2.1.12.7.1.5 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.720 Qualifying requirements for Basic Trade Readjustment Allowances. | DOL | To qualify for Basic TRA for a week of unemployment, an AAW must meet each of the requirements in paragraphs (a) through (g) of this section: (a) Certification. The AAW must be a member of a worker group certified under subpart B of this part. (b) Separation. The AAW must have experienced a qualifying separation during the certification period of the certification in paragraph (a) of this section. (c) Wages and employment. The AAW must meet the following wage and other requirements: (1) In the 52-week period ( i.e., 52 consecutive calendar weeks) ending with the week of the AAW's total or partial separation from adversely affected employment during the certification period, the worker must have had at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or, where there is more than one subdivision, the appropriate subdivision of that firm. Evidence that the worker meets the requirement in this paragraph (c)(1) must be obtained as provided in § 618.740. Employment and wages covered under more than one certification may not be combined to qualify for TRA. (2) The categories of weeks in paragraphs (c)(2)(i) through (iv) of this section also must be treated as weeks of employment at wages of $30 or more (for purposes of paragraph (c)(1) of this section), regardless of whether the AAW actually receives any wages during such weeks: (i) All weeks, up to a maximum of 7 weeks, during which the AAW is on employer-authorized leave for vacation, sickness, injury, maternity, or inactive duty or active duty military service for training; (ii) All weeks, up to a maximum of 7 weeks, during which the AAW had adversely affected employment interrupted to serve as a full-time representative of a labor organization in the firm or subdivision referenced in paragraph (c)(1) of this section; (iii) All weeks, up to a maximum of 26 weeks, during which the AAW has a disability compensable under a workers' compensation law or plan of a State or the United States; and … | |||||
| 20:20:3.0.2.1.12.7.1.6 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.725 Training enrollment deadlines. | DOL | (a) Training enrollment deadlines. As a condition for receiving Basic TRA, an AAW must meet the participation in approved training requirement in § 618.720(g)(1) no later than the latest of: (1) The last day of the 26th week after the AAW's most recent qualifying separation; (2) The last day of the 26th week after the week in which the certification was issued; or (3) 45 days after the later of the dates specified in paragraph (a)(1) or (2) of this section, if there are extenuating circumstances that justify an extension of the enrollment period. Extenuating circumstances that justify the 45-day extension are circumstances that would constitute good cause, as established by § 618.730; that is, circumstances under which the AAW acted diligently yet was unable to enroll because of exigent circumstances. (4) In the case of an AAW who fails to enroll by the date required by paragraph (a)(1), (2), or (3) of this section due to a failure by the State to provide the AAW with timely information regarding the applicable training enrollment deadline, the AAW must be enrolled in training or obtain a waiver by the Monday of the first week occurring 60 consecutive calendar days following the date the worker was properly notified; or (5) The Monday of the first week occurring 30 consecutive calendar days (or, if the State is closed that last day because that day falls on a weekend or holiday or for any other reason, the next business day) following the day of termination, whether by revocation or expiration or revocation of a waiver under § 618.735. (b) Exceptions —(1) Extended training enrollment deadline for delayed approval of application for TRA. (i) The training enrollment deadlines of paragraph (a) of this section do not apply where: (A) A State's negative determination on an initial application for TRA under § 618.715 has been reversed through redetermination or appeal; (B) The AAW is unable to meet the training enrollment deadline because of the delay in obtaining the reversal of the negative determination… | |||||
| 20:20:3.0.2.1.12.7.1.7 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.730 Good cause. | DOL | (a) States must waive the time limitations with respect to an application for TRA, enrollment in training, or receipt of a training waiver in this subpart if the AAW shows good cause. (b) Good cause exists if the AAW acted diligently yet was unable to complete in a timely manner the relevant task at issue described in paragraph (a) of this section because of exigent circumstances. (c) The State must determine good cause on a worker-by-worker basis. | |||||
| 20:20:3.0.2.1.12.7.1.8 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.735 Waiver of training requirement for Basic Trade Readjustment Allowances. | DOL | (a) Waiver for Basic TRA. A State may issue a waiver of the requirement in § 618.720(g) that an AAW be enrolled in or participating in approved training as a condition of Basic TRA eligibility upon a finding that training for such worker is not feasible or appropriate for one or more reasons identified in paragraph (b) of this section. The waiver must contain the information required in paragraph (c) of this section. No waiver of the training requirement is permitted for Additional TRA or Completion TRA eligibility. Waivers must be issued no later than the latest of the applicable deadlines described in § 618.725. (b) Bases for a waiver. The State, in order to issue a written waiver to an AAW, must conclude after assessing the worker that training is not feasible or appropriate for one or more of the reasons in paragraphs (b)(1) through (3) of this section, which must be cited on the waiver: (1) Health. The worker is unable to participate in training due to the health of the worker. A waiver granted for this reason does not exempt the worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. (2) Enrollment unavailable. The first available enrollment date for approved training is within 60 consecutive calendar days after the date on which a waiver determination is made or, if later, there are extenuating circumstances, as determined under the criteria in § 618.725(a)(3), that apply to the delay in enrollment in training. (3) Training not available. Approved training is not reasonably available to the worker from governmental agencies or private sources (which may include area vocational education schools, as defined in section 3 of the Strengthening Career and Technical Education for the 21st Century Act (20 U.S.C. 2302), and employers), or suitable training is not available at a reasonable cost, or no training funds are available. (c) Contents of a waiver. (1) A waiver issued under this … | |||||
| 20:20:3.0.2.1.12.7.1.9 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | G | Subpart G—Trade Readjustment Allowances | § 618.740 Evidence of qualification for Basic, Additional, and Completion Trade Readjustment Allowances. | DOL | (a) State action. When an AAW applies for Basic, Additional, or Completion TRA, the State having jurisdiction under § 618.820 (determinations of eligibility; notices to individuals) must obtain information necessary to establish: (1) Whether the AAW meets the qualifying requirements in § 618.720 for Basic TRA, in § 618.760 for Additional TRA, or in § 618.765 for Completion TRA; and (2) For a partially separated AAW, the average weekly hours and average weekly wage in adversely affected employment. (b) Insufficient data. If information specified in paragraph (a) of this section is not available from State records or from any employer, the State must require the AAW to submit a signed statement setting forth such information as may be required for the State to make the determinations required by paragraph (a) of this section. (c) Verification. A statement made under paragraph (b) of this section must be certified by the AAW to be true to the best of the worker's knowledge and belief and must be supported by evidence including W-2 forms, paycheck stubs, union records, income tax returns, or statements of fellow workers, and must, whenever possible, be verified by the employer. (d) Determinations. The State must make the necessary determinations on the basis of information obtained under this section, except that if, after reviewing information obtained under paragraphs (b) and (c) of this section against other available data, including agency records, it concludes that such information is not reasonably accurate, it must make the determination on the basis of the best available information. (e) Timing. The State must follow the established method used for processing regular UI claims. If an employer does not respond within the timeframe established for UI claims, then the State must act on the best available information. | |||||
| 20:20:3.0.2.1.12.8.1.1 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.800 Scope. | DOL | This subpart covers the general administrative requirements a State must follow in providing the benefits and services available under the TAA Program. The requirements in this subpart include: The provision of rapid response and appropriate career services to groups of workers for whom a petition is filed, delivering TAA Program benefits and services to trade-affected workers, assisting in the filing of petitions for those likely to be eligible for benefits under this part, conducting outreach to groups of workers covered under a petition for TAA filed under subpart B of this part, and notifying UI claimants of the TAA Program. | |||||
| 20:20:3.0.2.1.12.8.1.10 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.836 Recovery of debts due the United States or to others by Trade Adjustment Assistance offset. | DOL | (a) Debt due the United States. Notwithstanding any other provision of this part, the State must apply TAA benefits, payable under this part to a person (as described in § 618.832(g)), for the recovery by offset of any debt due the United States from the person. (b) Debt due to others. The State must not apply TAA Program benefits for the payment of any debt of any person to any State or any other entity or person, except for TRA and RTAA benefits as required by Federal UI law. | |||||
| 20:20:3.0.2.1.12.8.1.11 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.840 Uniform interpretation and application of this part. | DOL | (a) First rule of construction. The implementing regulations in this part will be construed liberally to carry out the purposes of the Act. (b) Second rule of construction. The implementing regulations in this part will be construed to assure, insofar as possible, the uniform interpretation and application of the Act and this part throughout the United States. (c) Effectuating purposes and rules of construction. (1) To effectuate the purposes of the Act and this part and to assure uniform interpretation and application of the Act and this part throughout the United States: (i) A State must, upon request, forward to the Department, not later than 10 days from the date of the request, a copy of any administrative ruling on an individual's eligibility to TAA benefits under this part. (ii) Notwithstanding paragraph (c)(1)(i) of this section, a State must forward to the Department a copy of any determination or redetermination on an individual's eligibility to TAA benefits under this part appealed to the State's highest UI administrative appeals authority. (iii) A State must forward to the Department a copy of notice of the institution of a State or Federal court proceeding and any State or Federal court ruling on an individual's eligibility to TAA Program benefits under this part, within 10 days of the notice or ruling. (2) If the Department concludes that a determination, redetermination, or decision is inconsistent with the Department's interpretation of the Act or this part, the Department may at any time notify the State of the Department's view. Thereafter, the State must issue a redetermination or appeal if possible and must not follow such determination, redetermination, or decision as a precedent; and, in any subsequent proceedings that involve such determination, redetermination, or decision, or wherein such determination, redetermination, or decision is cited as precedent or otherwise relied upon, the State must inform the claims deputy or hearing officer or court of the Department's view and mu… | |||||
| 20:20:3.0.2.1.12.8.1.12 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.844 Inviolate rights to Trade Adjustment Assistance or Reemployment Trade Adjustment Assistance. | DOL | (a) Except as specifically provided in this part, the rights of individuals to TAA Program benefits will be protected in the same manner and to the same extent as the rights of persons to UI are protected under the applicable State law. Such measures must include protection of applicants for TAA Program benefits from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment of their rights to TAA Program benefits, except as provided in §§ 618.832 (overpayments; penalties for fraud) and 618.836 (recovery of debts due the United States or others by TAA offset). (b) In the same manner and to the same extent as the rights of persons to UI are protected under the applicable State law, individuals must be protected from discrimination and obstruction in regard to the right to seek, apply for, and receive any TAA Program benefit. | |||||
| 20:20:3.0.2.1.12.8.1.13 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.848 Veterans' priority of service. | DOL | The State must give priority for approval and funding of TAA Program benefits (including training, where the approval of training criteria are met) to a trade-affected worker meeting the veterans' priority of service criteria established under 38 U.S.C. 4215. | |||||
| 20:20:3.0.2.1.12.8.1.14 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.852 Recordkeeping and disclosure of information requirements. | DOL | (a) Recordkeeping. (1) Each State must make and maintain such records pertaining to the administration of the Act as the Department requires and must make all such records available for inspection, examination, and audit by such Federal officials as the Department may designate or as may be required by law. (2)(i) States must maintain records that contain any information that the Department determines to be appropriate in support of any reports that the Department may require, including those reports specified in §§ 618.860(f) (general fiscal and administrative requirements and cost classification) and 618.864(e) (TAA Program performance). (ii) States must maintain records as required by 2 CFR 200.333 for 3 years, or as indicated at 2 CFR 200.333(a) through (f). (3) States must comply with the records requirements established in the Uniform Guidance at 2 CFR 200.333 through 200.337. (4) States must document that they provided or offered the employment and case management services described in subpart C of this part to all trade-affected workers, either in a paper-based or electronic case management system. States must make these systems available for review upon request by the Department. Additionally, the case management file of each participant must demonstrate that the State notified each worker of the training enrollment deadlines set forth in proposed § 618.725(a). (b) Disclosure of information. (1) Information in records maintained by a State in administering the Act must be kept confidential, and information in such records may be disclosed only in the same manner and to the same extent as information with respect to UI and the entitlement of individuals thereto may be disclosed under the applicable State law. Such information must not, however, be disclosed to an employer or any other person except to the extent necessary to obtain information from the employer or other person for the purposes of this part. The provision in this paragraph (b)(1) on the confidentiality of information maintained in… | |||||
| 20:20:3.0.2.1.12.8.1.15 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.856 Information, reports, and studies. | DOL | A State must furnish to the Department such information and reports and conduct such studies as the Department determines are necessary or appropriate for carrying out the purposes of the Act and this part. | |||||
| 20:20:3.0.2.1.12.8.1.16 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.860 General fiscal and administrative requirements and cost classification. | DOL | (a) Uniform fiscal and administrative requirements. (1) Each State receiving funds allocated for the TAA Program from the Department as an agent of the United States, must administer the TAA Program in accordance with the Uniform Guidance at 2 CFR part 200 and 2 CFR part 2900 and with the funding agreement. (2) A State may expend funds awarded to it during a Federal fiscal year to carry out TAA Program activities under sections 235 through 238 of the Act during that Federal fiscal year and the succeeding 2 Federal fiscal years. (3) Equipment, as described in 2 CFR 200.33 and computing devices, as described in 2 CFR 200.20, includes equipment acquired with TAA funds under both current and prior Agreements. (4) The addition method, described at 2 CFR 200.307, must be used for all program income earned under TAA grants. When the cost of generating program income has been charged to such grant, the gross amount earned must be added to such grant. However, when these costs have not been charged to such grant, the cost of generating program income must be subtracted from the amount earned to establish the net amount of program income available for use under such grant. (b) Administrative costs. (1) The administrative cost limit for the fiscal year program funding allocation for training, job search assistance, and relocation allowances is included in the TAA Program Annual Funding Agreement, with which States must comply. (2) For purposes of the TAA Program, the costs of administration are the costs associated with performing the overall general administrative functions of the TAA Program in paragraphs (b)(2)(i) through (xviii) of this section and the coordination thereof within the American Job Center network established under WIOA: (i) Accounting, budgeting, financial and cash management functions; (ii) Procurement and purchasing functions; (iii) Property management functions; (iv) Personnel management functions; (v) Payroll functions; (vi) Coordinating the resolution of findings arising from audits, r… | |||||
| 20:20:3.0.2.1.12.8.1.17 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.864 Trade Adjustment Assistance Program performance. | DOL | (a) General rule. Each State must report to the Department comprehensive performance accountability measures, to consist of: (1) The primary indicators of performance described in paragraph (b) of this section; (2) The additional indicators of performance established under paragraph (c) of this section, if any; and (3) A description of efforts made to improve outcomes for workers under the TAA Program that promote efficient and effective program performance as provided in this section. (b) Primary indicators of performance —(1) Primary indicators. The primary indicators of performance shall consist of: (i) The percentage and number of workers who received benefits under the TAA Program who are in unsubsidized employment during the second calendar quarter after exit from the program; (ii) The percentage and number of workers who received benefits under the TAA Program who are in unsubsidized employment during the fourth calendar quarter after exit from the program; (iii) The median earnings of workers who are in unsubsidized employment during the second quarter after exit from the program; (iv) The percentage of those participants enrolled in a training program under subpart F (excluding those in OJT and customized training) who attained a recognized postsecondary credential or a secondary school diploma, or its recognized equivalent, during participation in or within 1 year after exit from the program; and (v) The percentage and number of workers who received benefits under the TAA Program who, during a year while receiving such benefits, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable gains in skills toward such a credential or employment. (2) Indicator relating to credential attainment. For purposes of paragraph (b)(1)(iv) of this section, a worker who received benefits under the TAA Program who obtained a secondary school diploma or its recognized equivalent is included in the percentage counted for purp… | |||||
| 20:20:3.0.2.1.12.8.1.18 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.868 Unemployment Insurance. | DOL | UI payable to an AAW shall not be denied or reduced for any week by reason of any right to a payment of TAA under the Act and this part. | |||||
| 20:20:3.0.2.1.12.8.1.19 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.872 Travel under the Trade Adjustment Assistance Program. | DOL | (a) TAA Program participants are subject to the FTR at 41 CFR chapters 300 through 304 for all travel paid for with TAA Program funds. (b) Except for the definition of “commuting area,” States may not apply State or local travel policies and restrictions to TAA Program participants receiving reimbursements for travel under the Act. (c) In instances where the FTR is silent or defers to the Federal agency's travel policies, the State must apply the relevant policies of the Department. | |||||
| 20:20:3.0.2.1.12.8.1.2 | 20 | Employees' Benefits | V | 618 | PART 618—TRADE ADJUSTMENT ASSISTANCE UNDER THE TRADE ACT OF 1974, AS AMENDED | H | Subpart H—Administration by Applicable State Agencies | § 618.804 Agreements with the Secretary of Labor. | DOL | (a) Authority. A State or CSA must, before performing any function or exercising any jurisdiction under the Act and this part, execute an Agreement meeting the requirements of the Act with the Secretary. (b) Execution. (1) An Agreement under paragraph (a) of this section must be signed and dated on behalf of the State or the CSA by an authorized official whose authority is certified by the State Attorney General or counsel for the CSA, unless the Agreement is signed by the Governor or the chief elected official of the State. In the event that a State does not execute an Agreement under paragraph (a) of this section, then section 3302(c)(3) of the Internal Revenue Code of 1986, as amended (26 U.S.C. 3302(c)(3)) (loss of unemployment tax credits under section 3302(a) and (b)), applies. (2) A State or CSA must execute an amended Agreement with the Secretary, upon the request of the Secretary, in response to legislative or regulatory changes to the TAA Program. (3) The Secretary will execute an Agreement on behalf of the United States. (c) Public access to Agreements. The CSA must make available for inspection and copying, an accurate copy of its Agreement under this section to any individual or organization that requests it. The CSA may furnish copies of the Agreement upon payment of the same charges, if any, as apply to the furnishing of copies of other records of the CSA. (d) Agent of the United States. A State that has executed an Agreement under this section is an agent of the United States for purposes of receiving applications for and providing payments on the basis provided in this part and must carry out fully the purposes of the Act and this part. (e) Breach. If the Secretary determines that the State or CSA has not fulfilled its commitments under its Agreement stated in this section, the Secretary may terminate the Agreement. The Secretary must provide the State or CSA reasonable notice and an opportunity for a hearing before the Secretary makes a finding that the State has not fulfilled it… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);