AWI PROGRAMS
Trade Adjustment Assistance (TAA)
On August 6, 2002, President George W. Bush signed into law H.R. 3009, the Trade Adjustment Assistance (TAA) Reform Act of 2002 (Public Law 107-210). The Act makes several amendments to the Trade Act of 1974. The Act also repeals subchapter D of chapter 2 of Title II of the Trade Act of 1974, as amended (the North American Free Trade Agreement-Transitional Adjustment Assistance (NAFTA-TAA) program). The amendments apply to petitions for adjustment assistance that are filed on or after November 4, 2002.
In addition to repealing the NAFTA-TAA and consolidating this program into the TAA, it expands eligibility to more worker groups, increases existing benefits available and provides tax credits for health insurance coverage assistance, increases timeliness for benefit receipt, training and rapid response assistance, legislates specific waiver provisions and establishes other TAA programs. Workers certified for NAFTA-TAA under petitions received before November 4, 2002, however, will continue to receive NAFTA-TAA services for as long as their eligibility lasts. One-Stop Center staff will continue to refer to the October 5, 1998 manual as it relates to NAFTA-TAA participants’ eligibility for benefits and services.
The TAA Reform Act generally did not amend the job retraining provisions of the 1974 Act, except that customized training may now be approved for import-impacted workers. The statutory cap on funds that may be allocated to the States for training is raised from $110 million to $220 million per year. The maximum amount of Trade Readjustment Allowances (TRA) is increased by 26 weeks of extended TRA for all workers in training. Up to 26 more weeks of additional TRA may be approved if the worker must undergo remedial training as part of his/her retraining program. In order to qualify for TRA, a worker must be enrolled in training within 16 weeks of his/her most recent total qualifying separation, or within eight (8) weeks of the issuance of the certification, whichever is later. However, States may grant an extension of these requirements for up to 45 days if there are extenuating circumstances. Waivers from the training requirement are available under six specific conditions. A worker may continue to receive TRA during a break in training that lasts up to 30 days (raised from 14 days).
Under Section 113 of the TAA Reform Act, workers may be eligible to apply for TAA services if they were laid off as a result of increased imports or if their companies shifted production out of the United States to certain foreign countries. Workers laid off as a result of a shift in production to a country that is party to a free trade agreement with the United States, or a country that is named as a beneficiary under the Andean Trade Preference Act, the African Growth and Opportunity Act or the Caribbean Basin Economic Recovery Act, may satisfy TAA certification criteria. The TAA Reform Act of 2002 is reauthorized through Fiscal Year 2007.
Under the Trade Act of 1974, workers who are totally or partially separated or may become separated from employment as a result of imports being a substantial cause of the worker’s actual or threatened separation, may be certified by the Secretary of the United States Department of Labor (USDOL) as being eligible to apply for the adjustment assistance provided by the Act (also see Section 112 of TAA Reform Act). The program’s benefits for workers include weekly TRA, training, job search, relocation allowances, and health insurance. In addition, eligible individuals may receive the full range of employability services such as counseling, testing, job referral, etc., which are available to all customers.
TAA additional program information:
Report web page problems to AWI Information