[Federal Register: October 13, 2004 (Volume 69, Number 197)]
[Notices]
[Page 60904-60909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc04-84]
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DEPARTMENT OF LABOR
Employment and Training Administration
Alternative Trade Adjustment Assistance Program: Training and
Employment Guidance Letter Interpreting Federal Law
The Employment and Training Administration interprets federal law
requirements pertaining to Alternative Trade Adjustment Assistance
(ATAA). These interpretations are issued in Training and Employment
Guidance Letters (TEGLs) to the state workforce agencies. The TEGL
described below is published in the Federal Register in order to inform
the public.
TEGL 2-03 TEGL 2-03 advises states of the federal law requirements
applicable to implementing the Alternative Trade Adjustment Assistance
(ATAA) program enacted by the TAA Reform Act of 2002.
The operating instructions in TEGL 2-03 are issued to the states
and the cooperating state workforce agencies (SWAs) as guidance
provided by the Department of Labor (DOL) in its role as the principal
in the ATAA program. As agents of the Secretary of Labor, the states
and cooperating SWAs may not vary from the operating instructions in
TEGL 2-03 without prior approval from DOL.
Pending the issuance of regulations implementing the provisions of
the TAA Reform Act of 2002, the operating instructions in TEGL 2-03
constitute the controlling guidance for the states and the cooperating
SWAs in implementing and administering the ATAA program, pursuant to
the agreements between the states and the Secretary of Labor under
Section 239 of the Trade Act of 1974, as amended.
Dated: October 6, 2004.
Emily Stover DeRocco,
Assistant Secretary for Employment and Training.
Employment and Training Administration
Advisory System
U.S. Department of Labor
Washington, DC 20210
Classification TAA
Employment and Training Administration
Advisory System
U.S. Department of Labor
Washington, DC 20210
Classification
TAA
Correspondence Symbol ONR
Date: August 6, 2003
Training and Employment Guidance Letter No. 2-03
To: All State Workforce Agencies; All State Workforce Liaisons /s/
From: Emily Stover DeRocco, Assistant Secretary
Subject: Interim Operating Instructions for Implementing the
Alternative Trade Adjustment Assistance (ATAA) for Older Workers
Program Established by the Trade Adjustment Assistance Reform Act of
2002
1. Purpose. To transmit interim operating instructions for
implementing the Alternative Trade Adjustment Assistance (ATAA) for
Older Workers Program established by the Trade Adjustment Assistance
Reform Act of 2002.
2. References. The Trade Act of 1974 (Pub. L. 93-619, as amended),
the Trade Act of 2002 (Pub. L. 107-210); the Workforce Investment Act
of 1998; 20 CFR part 617; 29 CFR part 90; TEGL No. 11-02; UIPL No. 24-
03. The amendments to the Trade Adjustment Assistance (``TAA'') program
may also be referred to as the Trade Adjustment Assistance Reform Act
of 2002 (``the Act'' or ``the Trade Act''). These amendments were
included in Title I of the Trade Act of 2002.
3. Background. The Act establishes ATAA as an alternative
assistance program for older workers certified eligible to apply for
Trade Adjustment Assistance. This program is effective for petitions
filed on or after August 6, 2003. The Act requires that petitioners who
request that workers be certified for the ATAA program must do so at
the time the petition is filed. ATAA is designed to allow TAA eligible
workers for whom retraining may not be appropriate and who find
reemployment to receive a wage subsidy to help bridge the salary gap
between
[[Page 60905]]
their old and new employment. To receive the ATAA benefits, workers
must be TAA and ATAA certified.
Under the ATAA program, workers in an eligible worker group who are
at least 50 years of age and who obtain different, full-time employment
within 26 weeks of separation from adversely-affected employment at
wages less than those earned in the adversely-affected employment, may
receive up to half of the difference between the worker's old wage and
the new wage. The wage subsidy may be paid up to a maximum of $10,000
during a two-year eligibility period. To be eligible for the ATAA
program, workers may not earn more than $50,000 per year in the new
employment. In addition, the worker group must be certified as eligible
to apply for TAA benefits and meet other ATAA eligibility criteria
listed below. Workers who begin receiving payments under the ATAA
program cannot receive other TAA benefits and services except for
relocation allowances and the Health Coverage Tax Credit (HCTC).
4. Guiding Principle for ATAA Implementation. It is essential that
the Department of Labor (``DOL''), State Workforce Agencies (``SWA''),
local One-Stop Career Center partners and other mission critical
partners work together to move trade-affected workers into new jobs as
quickly and effectively as possible. To this end, the primary focus of
ATAA reemployment benefits and services will be toward rapid, suitable
and long-term employment for adversely affected older workers served by
the program.
5. Operating Instructions. The operating instructions are being
issued by DOL as the administrator of the TAA program. As agents of the
Secretary of Labor, the states and cooperating state agencies may not
vary from the operating instructions in this document without prior
approval from DOL.
Pending the issuance of regulations implementing the provisions of
the Act, these operating instructions constitute the controlling
guidance to the states and the cooperating state agencies for
implementing and administering the ATAA program, under the agreements
between the states and the Secretary of Labor under Section 239 of the
Act.
For purposes of these operating instructions, the following
definitions will apply:
1. The ``Act'' or the ``Trade Act'' means the Trade Act of 1974,
including the 2002 Amendments set forth in P.L. 107-210.
2. ``DOL'' means the U.S. Department of Labor.
3. ``ETA'' means the Employment and Training Administration.
4. ``Secretary'' means the Secretary of Labor.
5. ``TAA'' means the Trade Adjustment Assistance program for
workers.
6. ``TRA'' means Trade Readjustment Allowances.
7. ``ATAA'' means Alternative Trade Adjustment Assistance program.
8. ``HCTC'' means Health Coverage Tax Credit.
9. ``WIA'' means the Workforce Investment Act of 1998.
10. ``SWA'' means State Workforce Agency.
11. ``DTAA'' means the Division of Trade Adjustment Assistance.
A. Petitioning Process
Workers who seek the benefits and services available under the ATAA
program must file a regular TAA petition which includes a request that
the worker group be considered for eligibility to apply for the ATAA
program. Section 246(a)(3)(A)(i) of the Trade Act states, ``The
Secretary shall provide the opportunity for a group of workers on whose
behalf a petition is filed under section [221] to request that the
group of workers be certified for the alternative trade adjustment
assistance program under this section at the time the petition is
filed.'' Petition forms that are currently available do not provide for
such a request. Until revised petition forms are approved by the Office
of Management and Budget (OMB) and become available for use, we have
developed a supplemental form (attachment A) which may be used in the
interim by petitioners seeking certification to apply for the ATAA
program. This supplement may be provided by the states or may be
accessed online at http://www.doleta.gov/tradeact/petitions.cfm.
Petitioners are not required to use the supplemental form. However, the
information requested on the supplemental form must be provided in
order for a petitioner to be considered for eligibility under the ATAA
program. Failure to submit the supplementary information with the
petition means that DOL will not consider the worker group for
certification under the ATAA program. A Federal Register Notice was
published on July 7, 2003, seeking comments on the new form for the TAA
program. Until the new form is approved, the process established for
interim use will remain in effect.
In all other respects, the petition for TAA, together with the
supplemental form for the ATAA program, must meet all of the
requirements for all TAA petitions. These requirements are set forth in
regulations at 29 CFR part 90. Additional requirements are set forth in
Training and Employment Guidance Letter (TEGL) No. 11-02, ``Operating
Instructions for Implementing the Amendments to the Trade Act of 1974
Enacted by the Trade Act of 2002,'' issued on October 10, 2002, and
published in the Federal Register on November 14, 2002 (67 FR 69029).
B. Investigation Process
In order to establish that petitioning workers are eligible to
apply for the ATAA program, DOL must first determine that all of the
criteria for a regular TAA certification, as described in TEGL 11-02,
are met. In addition, DOL must find that three additional criteria are
met for ATAA certification. These additional criteria are:
1. A significant number of adversely affected workers in the
petitioning workers' firm are 50 years of age or older;
2. The adversely affected workers in the petitioning workers' firm
possess job skills that are not easily transferable to other
employment; and
3. The competitive conditions within the affected workers' industry
are adverse.
Obtaining data and other information necessary to determine that
all three of these criteria are satisfied will be part of the normal
petition investigation process conducted by the Division of Trade
Adjustment Assistance (DTAA). Workers may transmit data with their
petition for any or all of these criteria, which will be considered by
DTAA in making its determination.
For criterion 1, information will be obtained by telephone
communication with the appropriate company official from the subject
firm as part of DTAA's investigation. For this purpose, the term
``significant number'' means five percent of the adversely affected
workforce or 50 workers, whichever is less, or at least three workers
in a firm with less than 50 adversely affected workers.
For criterion 2, the necessary information will also be obtained
through telephone communication with the appropriate company official
at the subject firm. Specifically, the company official will be asked
to confirm that the worker group for whom a petition has been filed
possesses job skills that are not easily transferable to other
employment, with a focus on what skills the worker possesses. Should
the company official be unable to provide information as to whether the
skills are easily transferable, the state (e.g., Rapid Response or
other appropriate unit) will be asked to furnish the assessment.
[[Page 60906]]
For criterion 3, information will be collected from government and
industry association sources as part of DTAA's investigation process.
Specifically, the information collected will be used to determine if:
(a) The number of firms in the industry is declining; or (b) the
conditions (such as declining production and/or employment) in the
industry are such that the affected workers are not likely to find new
employment within the industry; or (c) aggregate U.S. imports of
products like or directly competitive with those produced in the
industry are increasing.
C. Determination Process
Whenever petitioners seek a determination of eligibility to apply
for the ATAA program, the determination document issued at the
conclusion of the investigation will clearly state whether or not the
petitioning workers are eligible to apply for the ATAA program. This
statement shall appear directly after the statement of eligibility to
apply for regular TAA. Determinations of eligibility to apply for the
ATAA program and for regular TAA, reached under the same petition, will
be issued together in the same determination document. Determinations
of eligibility to apply for regular TAA and for the ATAA program,
issued under the same petition, will apply to the same identifiable
worker group.
Certifications issued based upon TAA petitions filed before August
6, 2003, can only be for eligibility to apply for regular TAA. No
active certification of eligibility to apply for regular TAA will be
amended to include certification of eligibility to apply for the ATAA
program. However, if DTAA has not yet issued a determination of
eligibility for TAA, the petitioner may withdraw the TAA petition and
submit a new petition requesting both TAA and ATAA (which will create a
new impact date, and, thus, may jeopardize the eligibility of certain
workers who may have been included in the withdrawn petition). The date
of issuance is considered the date on the determination document.
Requests for reconsiderations and/or judicial review of ATAA
determinations are the same as under the regular petition process for
TAA.
D. Rapid Response Activities
The implementation of the ATAA program provides additional
opportunities for Trade Act coordinators and other local One-Stop
Career Center partners to work more closely with state and local Rapid
Response teams to enhance the provision of information and services to
workers who have been or will be impacted by increased imports or
shifts in production to other countries. The ATAA program provides an
opportunity for adversely affected older workers who may not be
interested in retraining to take full advantage of comprehensive
reemployment services and assistance available through TAA, WIA and the
One-Stop system.
The ATAA program is an integral part of an enhanced menu of
reemployment services and assistance available to eligible individuals
through the Act. State and local trade program staff should be working
closely with Rapid Response teams and other local One-Stop Career
Center system partners to ensure the dissemination of information
regarding all aspects of the Trade Act program, including HCTC and
ATAA, both prior to and following the notification of layoffs, petition
filings and certifications. It is essential that timely and accurate
information about the Trade Act program be provided to affected workers
to facilitate more informed decision-making and to expedite their
return to employment.
Rapid Response activities for potentially trade affected workers
within the local One-Stop Career Center should include:
Immediate and ongoing dissemination of information on TAA,
HCTC, and ATAA, including early intervention measures prior to and
following notices of layoff.
Distribution of available TAA, HCTC, and ATAA posters,
brochures, Web sites, fact sheets, desk aids, videos, and public
service announcements.
Presentations regarding TAA, HCTC, and ATAA to Chambers of
Commerce and other employer organizations, organized labor, economic
development agencies, state and local elected officials, community-
based organizations, and faith-based organizations.
Upon request, provision of information to DTAA
investigators with respect to the transferability of worker job skills
to other employment for determination of ATAA group eligibility.
E. Eligibility Requirements
After the issuance of a certification of eligibility to apply for
TAA and ATAA and when the adversely affected worker is fully informed
of the benefits and services available under the TAA and ATAA programs,
the worker will need to consider the choice of benefits and services
under one program or the other. If the worker's preferred option is the
ATAA program, the worker should be encouraged to take advantage of
reemployment services and assistance available to him/her with the goal
of returning to work within 26 weeks of their qualifying separation in
order to be eligible for ATAA. In making this choice, workers should
avail themselves of assistance from local Trade Act coordinators and
WIA employment managers.
While an adversely affected worker is seeking employment to qualify
for the ATAA program, actions must be taken to ensure regular TAA
deadlines are met and options are preserved. Section 231 of the Act
imposed a deadline by which a worker must be enrolled in approved
training, or have a waiver of this requirement, in order to be eligible
for TRA. This deadline is either 8 weeks after the issuance of the
relevant certification of eligibility to apply for TAA benefits or
services or 16 weeks after the worker's most recent qualifying
separation, whichever is later (commonly referred to as the 8/16
deadline). This 8/16 deadline applies to eligibility for all TRA, both
basic and additional.
The state should assess whether a worker is entitled to a training
waiver, prior to the 8/16 week deadline for applying for training,
based on one of the waiver criteria described below, as appropriate,
which preserves the worker's TRA eligibility if a job is not obtained
within 26 weeks of the worker's qualifying separation. The waiver
criteria are:
1. Recall.--The worker has been notified that the he/she will be
recalled by the firm from which the separation occurred.
2. Marketable Skills.--The worker possesses marketable skills for
suitable employment (as determined pursuant to an assessment of the
worker, which may include the profiling system under section 303(j) of
the Social Security Act (42 U.S.C. 503(j)), carried out in accordance
with guidelines issued by the Secretary) and there is a reasonable
expectation of employment at equivalent wages in the foreseeable
future.
3. Retirement.--The worker is within 2 years of meeting all
requirements for entitlement to either--
a. Old-age insurance benefits under title II of the Social Security
Act (42 U.S.C. 401 et. seq.) (except for application therefore); or
b. A private pension sponsored by an employer or labor
organization.
4. Health.--The worker is unable to participate in training due to
the health of the worker, except that a waiver under this subparagraph
shall not be construed to exempt a worker from requirements relating to
the availability
[[Page 60907]]
for work, active search for work, or refusal to accept work under
Federal or State unemployment compensation laws.
5. Enrollment Unavailable.--The first available enrollment date for
the approved training of the worker is within 60 days after the date of
the determination made under this paragraph, or, if later, there are
extenuating circumstances for the delay in enrollment, as determined
pursuant to guidelines issued by the Secretary.
6. Training Not Available.--Training approved by the Secretary is
not reasonably available to the worker from either governmental
agencies or private sources (which may include area vocational
education schools, as defined in section 3 of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2302), and
employers), no training that is suitable for the worker is available at
reasonable cost, or no training funds are available.
All workers should be informed that, if they anticipate not being
able to obtain a job within 26 weeks of their qualifying separation,
they should contact their local One-Stop Career Center immediately, and
consider seeking the TAA benefits, including training to which they are
entitled. While ATAA participants are eligible for HCTC, they are only
eligible once they are participating in the ATAA program and receiving
a benefit under the program. Thus, if workers considering ATAA have not
become reemployed and are in need of HCTC, the Trade Act coordinator
should assess whether a training waiver might be appropriate under one
of the enumerated criteria. As with all training waivers, any waivers
issued should be reviewed every 30 days to determine their continued
applicability. In cases where the waiver is no longer appropriate, it
should be revoked.
To be eligible for ATAA, an individual must meet the following
conditions at the time of reemployment:
1. Be at least age 50 at time of reemployment. The individual's age
can be verified with a driver's license or other appropriate
documentation.
2. Obtain reemployment by the last day of the 26th week after the
worker's qualifying separation from the TAA/ATAA certified employment.
This reemployment may be verified with a copy of the job offer letter
or a check stub.
3. Must not be expected to earn more than $50,000 annually in gross
wages (excluding overtime pay) from the reemployment. If a paycheck has
not been issued at the time of application, the employer must submit a
supporting statement indicating that annual wages will not exceed
$50,000.
4. Be reemployed full-time as defined by the state law where the
worker is employed. The verification will be conducted in the same
manner as is used for determining UI benefits.
5. Cannot return to work to the employment from which the worker
was separated. Thus, the worker cannot return to the same division/
facility that he/she was separated from nor can the worker do the same
or similar work for the employer that he/she was separated from in
another division/facility.
The application for ATAA must be filed within two years of the
first day of qualifying reemployment. For purposes of this application,
and in order to establish the ATAA payment, wages at separation are
defined as the annualized hourly rate at the time of the most recent
separation, which is set forth in Section G of this TEGL, ``ATAA
Payments.'' Wages at reemployment are defined as the annualized hourly
rate at the time of reemployment, which is also set forth in Section G.
In addition, the worker must indicate that a ``choice'' has been made
and that she/he understands that she/he cannot subsequently switch to
the TAA program once she/he begins receiving the ATAA supplement.
Receipt of the initial ATAA payment represents the individual's
decision with respect to choosing ATAA and voids the participant's
rights to retraining, allowances and TRA. Correspondingly, once a
worker has enrolled in training, he/she forfeits his/her right to ATAA
participation.
The State TAA Coordinator will issue a written determination
informing the ATAA applicant of eligibility for ATAA payments within 5
working days of receiving the worker's application for such benefits.
If approved, the State TAA Coordinator will also notify the appropriate
state payment unit and other appropriate component offices within the
state. The ATAA applicant has the right to appeal a state determination
which denies ATAA benefits in the same manner as provided for in state
law for TRA determinations.
For purposes of the ATAA program, the eligibility determination
date, which establishes the two-year period during which ATAA benefits
can be paid, will be the date of the first qualifying reemployment.
F. Continuing Eligibility
Once approved for the ATAA program, individuals who continue to
meet the eligibility criteria are paid ATAA benefits until a total of
$10,000 in benefits has been received, or a period of two years has
elapsed since their first qualifying reemployment, whichever occurs
first. Nothing in the statute precludes an individual from working for
different employers within this two-year period. Further, employment is
not required to be consecutive. However, ATAA benefits are not payable
during periods of unemployment (i.e., one full week without wages).
Changes in employment that do not encompass a period of unemployment
will be handled during the state's ongoing review of each worker's ATAA
status, as described below. In the event of a period of unemployment,
workers will need to complete a new Individual Application for ATAA
upon reemployment. The worker would be eligible for the remaining ATAA
benefits to which he/she is entitled. The two-year eligibility period
continues to run from the date of first qualifying reemployment.
In the event a worker has more than one job, the employment must,
at a minimum, meet the definition of full-time work as defined by state
law. If additional job(s) are obtained, the wages from this employment
will be included in the calculation to determine whether the worker is
expected to reach the $50,000 annual limit for reemployment wages.
Each certified worker for ATAA will need to visit a state or local
office in person to provide information and determine initial
individual eligibility for ATAA. If the individual is determined to be
eligible for ATAA, the state will need to assess continuing eligibility
for the ATAA program. The worker will need to provide verification of
employment and wages that will be used to determine continuing
eligibility for ATAA benefits on at least a monthly basis. The state
can choose to have the worker come to the local office and provide
documentation to the staff, or the state has the option to accept proof
of continuing eligibility by mail, fax, or some other means to verify
proof of employment and wages. However, the state may not use telephone
certification in these instances.
In either alternative, the state must have documented verification
of the individual worker's employment and wage status on at least a
monthly basis. The information provided at the local level will need to
be forwarded to the State TAA Coordinator for review and approval. Once
the TAA Coordinator approves the information, the state payment unit,
local office, and worker will be notified and the worker will receive
equivalent payment for the preceding month on a weekly, biweekly, or
other basis as determined by the state
[[Page 60908]]
as long as the calculated monthly allotment is not exceeded. The worker
will receive at least a minimum monthly payment. Because the worker
will receive the ATAA wage subsidy for the preceding period for which
she/he has demonstrated eligibility, the worker will not receive
payment until after the initial month has been verified by the TAA
Coordinator.
With respect to HCTC, the SWAs are required to report ATAA
recipients (workers who are receiving the ATAA wage subsidy) to the
Internal Revenue Service (IRS) in the manner described in Unemployment
Insurance Program Letter (UIPL) 24-03, dated April 14, 2003.
G. ATAA Payments
Section 246(a)(4) of the Trade Act provides that a State shall use
the funds provided under section 241 to pay for a period not to exceed
two years to a worker described in Section 246(a)(3)(B), 50 percent of
the difference between:
(i) The wages received by the worker from reemployment; and
(ii) The wages received by the worker at the time of separation.
Section 246(a)(4) supplements an individual's wages for up to two
years or $10,000, whichever occurs first, by an amount equal to 50
percent of the difference between the wages earned from the adversely
affected employer and the new employment obtained after separation from
adversely affected employment that is approved for ATAA payments.
An individual receiving this benefit may receive TAA relocation
benefits and the HCTC, but is not eligible to receive any other
benefits, including training, TRA payments, and job search allowances.
The ATAA supplement shall cease in the event of one of the following:
The individual's annualized wage, excluding the ATAA wage
subsidy, is projected to exceed $50,000 a year.
The individual has received $10,000 in ATAA benefits.
The worker has reached the end of the two-year eligibility
period.
The choice of payment unit for paying the ATAA wage subsidy is a
state responsibility. However, the organizational placement of this
payment by the state must meet Governmental Accounting Standards Board
requirements. It is the responsibility of the SWA when calculating the
ATAA payment to annualize the recipient's wages on a monthly basis to
assure that the recipient's annual wages do not exceed $50,000. Annual
wage calculations will include all jobs in which the worker is employed
and constitute at least full-time employment as defined by the state.
This may include any combination of full- and part-time work that meets
or exceeds full-time employment.
Annualized wages at separation are defined as the annualized hourly
rate at the time of the most recent qualifying separation. The
annualized wages are computed by multiplying the worker's hourly rate
received during the last full week of his/her employment by the number
of hours the individual worked during the last full week of employment
and multiplying that number by 52. Overtime wages and hours are
excluded from the calculation. Annualized wages at reemployment are
defined similarly to annualized wages at separation, except that the
hourly rate and hours worked must reflect those of the first full week
of reemployment.
The calculated monthly allotment will be derived as follows:
Wage Calculation Methodology
Annualized Separation Wages minus Annualized Reemployment Wages
divided by 2 equals 50% of the difference between the two periods of
wages.
50% of the difference between the two periods of wages divided by
12 equals the monthly ATAA wage subsidy.
If, as a result of the monthly verification exercise, the
participant's hourly wage and/or hours are determined to have changed
in such a way as to affect the ATAA wage subsidy, the state will repeat
the above calculation and adjust the ATAA payment accordingly.
The ATAA wage subsidy will be paid on a weekly, biweekly, or other
payment frequency not to exceed monthly, as established by the state,
ensuring that the total payment does not exceed the $10,000 maximum
over a two-year period.
SWAs will follow the current interstate arrangement for the regular
UI program regarding the agent/liable state relationship for the filing
of ATAA claims.
H. Overpayments
The determination of ``annualized wages'' is made prospectively. An
individual is deemed to have met the ``earns not more than $50,000 a
year in wages from reemployment'' requirement set forth in section 246
for a given month if the monthly determination of annualized wages is
accurate and complete at the time it is made. No overpayment
determinations need be made for that month based on projections for the
yearly annual wage that later changed based on information that was not
available at the time that the monthly determination was made. Monthly
payments derived from the annualized wage projection based on complete
and accurate information at the time will be considered valid payments
that the individual was entitled to, and are not considered
overpayments.
In instances where there are overpayments, due to error or fraud,
for example, the state should adhere to the overpayment provisions of
the Trade Act regulations at 20 CFR 617.55.
I. Documentation of Benefit History
It is suggested that the state maintain a manual or automated
benefit history for the ATAA recipient for a period of no less than
three years for audit purposes. It is suggested that the benefit
history include the following:
Claimant name.
Social Security Number.
Certified TAA Petition Number.
Reemployment hourly wages and hours worked per week.
Weekly Reemployment Earnings (or biweekly or other
employer payment schedule).
Address changes including phone numbers.
Status of full time work each week.
Date of birth.
Separation hourly wages and hours worked per week.
Separation wages with the Adversely Affected Employer.
Projected wage with the new employer.
Weekly benefit amounts.
Cumulative payments made under the ATAA Program.
Individuals remaining balance under the $10,000 maximum
amount time remaining under the two-year eligibility period.
J. Funding
ATAA benefits for FY 2003 will be paid from the FY 2003 Federal
Unemployment Benefit Account (FUBA) from which TRA benefits are paid.
ATAA administrative costs, relating to payment of ATAA benefits,
are paid from funds appropriated for TAA administration under the State
Unemployment Insurance and Employment Services Operations (SUIESO)
account which supports TRA payments. Creating the list of ATAA
recipients for HCTC eligibility must be funded in the same manner as
creation of the list of eligible TAA recipients.
No benefit payments may be made by a state after the date that is 5
years from
[[Page 60909]]
the date on which the state implements an ATAA program (the
``termination date'') except for workers who are receiving payments
under the ATAA program at the time of the termination date. Such
workers will continue to receive payments throughout the worker's two-
year eligibility period.
K. Reporting Requirements
In order to monitor and manage the ATAA program for results, a
quarterly activity report will be required. This report has been
designed and will be provided to OMB in the near future for review and
approval. Once approval is obtained, implementation instructions will
be issued. Our intention is to have the report submitted via a Web-
based interface.
6. Action Required. States must ensure that the state workforce
investment system is able to implement the ATAA program and make
payments to eligible program participants for petitions filed on or
after August 6, 2003.
7. Inquiries. States should direct all inquiries to the appropriate
ETA Regional Office.
Attachment A: Request for Determination of Eligibility to Apply for
the Alternative Trade Adjustment Assistance (ATAA) Program for Older
Workers
Attachment A
OMB APPROVAL NO. 1205-0442
Expiration date: 10/31/2003
REQUEST FOR DETERMINATION OF ELIGIBILITY TO APPLY FOR THE ALTERNATIVE
TRADE ADJUSTMENT ASSISTANCE (ATAA) PROGRAM FOR OLDER WORKERS
Suggested Supplement to Petition for Trade Adjustment Assistance
In addition to a determination of eligibility to apply for regular
TAA, do the petitioners seek a determination of eligibility to apply
for the Alternative Trade Adjustment Assistance (ATAA) Older Workers
Program for workers 50 years of age or older? If so, check ``yes''
below and attach to the Petition for Trade Adjustment Assistance.
Yes ----
If you do not check ``yes'' above, the petitioning worker group
will not be considered for eligibility certification under the ATAA
program. If you do check yes, and the worker group is determined to be
eligible for the ATAA program, the individual workers within the
certified worker group who meet individual ATAA eligibility criteria
will have the option of choosing ATAA or TAA benefits and services.
Criterion that must be met for group certification include:
1. A significant number of adversely affected workers in the
petitioning workers' firm are 50 years of age or older;
2. The adversely affected workers in the petitioning workers' firm
possess job skills that are not easily transferable to other
employment; and
3. The competitive conditions within the adversely affected workers
industry are adverse.
Additional criteria that must be met for individual eligibility
include:
1. A worker must be at least 50 years of age
2. The worker must obtain different, full-time reemployment within
26 weeks of separation from adversely affected employment
3. Reemployment wages on an average annual basis must be less than
wages earned in the adversely affected employment
4. The worker may not earn more than $50,000 per year in new
employment
5. The worker must be certified as eligible to apply for TAA
benefits
These reporting requirements are approved under the Paperwork
Reduction Act of 1995, OMB Control No. 1205-0442, expiring 10/31/2003.
Persons are not required to respond to this collection of information
unless it displays a currently valid OMB number. Public reporting
burden for this collection of information is estimated to average 60
seconds per response, including the time for reviewing instructions,
searching existing data sources, gathering and reviewing the collection
of information. Respondent's obligation to reply is required to obtain
or retain benefits. (Section 246 of the Trade Act of 1974, as amended
by the Trade Act of 2002). Send comments regarding this burden estimate
or any other aspect of this collection, including suggestions for
reducing this burden, send them to the U.S. Department of Labor,
Division of Trade Adjustment Assistance, Room c-5311, 200 Constitution
Ave., NW, Washington, D.C. 20210 (Paperwork Reduction Project 1205-
0442).
[FR Doc. E4-2595 Filed 10-12-04; 8:45 am]
BILLING CODE 4510-30-P