Trade and Globalization Adjustment Assistance Act Comparison of Trade Act of 2002 and the Trade Act of 2009

What is the Trade Adjustment Assistance (TAA) Program? The TAA program is federally funded and provides training and reemployment services to trade-affected workers who have lost their jobs as a result of foreign competition.

Purpose of TAA Program The TAA program is designed to provide workers the means to attain competitive and marketable skills for today’s work environment.

Historic Background The Trade Act of 1974 provided trade adjustment assistance for dislocated workers affected by the North America Free Trade Agreement (NAFTA) with Mexico and Canada. There have been numerous amendments since the original enactment. The Trade Act of 2002 repealed NAFTA/TAA, expanded eligibility to workers affected by trade from additional countries, and provided for additional benefits to trade-affected workers. The Trade and Globalization Adjustment Assistance Act (TGAAA) of 2009, effective May 18, 2009, expands coverage to workers in the service sector and public agencies which may be affected by foreign competition from any country. It also provides additional benefits for workers.

TAA Governing Law & Regulations Trade Act of 1974, as amended Code of Federal Regulations – 20 CFR 617 Operating Instructions for Implementation of the Trade Act of 1974 Enacted by the Trade and Globalization Adjustment Assistance Act of 2009 (Training and Employment Guidance Letter (TEGL) No. 22-08) The Code of Federal Regulations, 20 CFR 617, has not been updated to include the 2002 and 2009 amendments. The United States Department of Labor has issued Operating Instructions for the implementation of the Trade Act of 2002 and the 2009 Amendment.

Group Eligibility Old Trade Program New Trade Program The worker’s firm must produce an article Shifts in production had to be to a country that had specified trade agreements with the US New Trade Program Expands TAA coverage to service sector workers Expands eligibility to workers in public agencies Shifts in production or shifts of service to any country Expands TAA eligibility to all shifts in production or shifts of service, without the need to prove increased imports The 2009 Amendment eliminates the need to have a Trade Agreement with a foreign country. Dislocations that are trade-related due to foreign competition from any country may qualify individuals under the TAA Program upon issuance of a certified petition.

Group Eligibility (cont’d) Old Trade Program Workers at downstream producers that are secondarily affected by increased imports or a shift in production to Canada or Mexico New Trade Program Expands definition of downstream producers, and applies it to all countries Under the 2009 Amendment, the expanded definition of a downstream producer is: a firm that performs additional, value-added production processes or services directly for another firm for articles or services to which a group of workers in such other firm has been certified. This amendment expands the definition to include services, rather than production only.

USDOL Determinations Old Trade Program New Trade Program 40 days to conduct an investigation, issue a determination and publish a notice in the Federal Register Impact date retroactive to one year from petition filing date if separated from employment within one year of petition date New Trade Program 40 days to conduct an investigation, issue and publish determinations in the Federal Register, as well as the United States Department of Labor (USDOL) website Petitions are required to be submitted simultaneously to the USDOL and the Florida Department of Economic Opportunity. The investigation and determination are made by the U.S. Department of Labor. Workers who are laid off up to one year before the impact date are covered by the certification and may be eligible to receive TAA benefits.

USDOL Determinations (cont’d) Old Trade Program New Trade Program Requires the USDOL to establish standards and data requirements for investigation of petitions and criteria for making determinations In verifying the information for a determination, the USDOL is required to use a subpoena if the information is not provided within 20 days of request unless the firm or its customer demonstrates that it will provide information in a reasonable period of time

USDOL Determinations (cont’d) Old Trade Program A specific request for Alternative Trade Adjustment Assistance (ATAA) for Older Workers was required to be included in the Petition in order for workers to be eligible to apply for ATAA benefits New Trade Program The new Reemployment Trade Adjustment Assistance (RTAA) replaces ATAA. No separate request for RTAA is required by petitioners; all workers age 50 or older covered under any certification may apply for individual eligibility for RTAA ATAA was a pilot project implemented in 2002. It provided wage supplementation for older workers. With the 2009 Amendment, ATAA was replaced by RTAA – which is similar to ATAA but provides more generous benefits. Prior to the 2009 Amendment, a Petition had to be filed with the USDOL for consideration of ATAA. All certifications under the 2009 Amendment include eligibility to apply for RTAA as well as other TAA benefits. There are criteria that workers have to meet to be eligible to receive ATAA or RTAA benefits.

Information to Workers Old Trade Program Upon receipt of a certification from the USDOL, States, as agents of USDOL, issue newspaper notices and letters to potential participants based on lists of adversely affected workers provided to the state by employers or other sources such as unions New Trade Program No change Adds new provision for USDOL to notify US Department of Commerce of each firm certified (increasing awareness of TAA for firms) The 2009 Amendment provides for notification by the USDOL to the Department of Commerce, as well as a continuation of the State’s efforts to notify affected workers and the local communities. The Department of Commerce notifies representatives of the affected industry, as well as any firm(s) publicly identified by name during the course of the proceeding related to the determination.

Trade Readjustment Allowances (TRA) Qualifying Requirements Old Trade Program Worker must be enrolled in training or receive a waiver of the training requirement within 8 weeks of certification or 16 weeks of layoff date (8/16 week deadline) Provides 45 days more if extenuating circumstances exist 60 days waiting period after filing petition to receive TRA New Trade Program Worker must be enrolled in training or placed on waiver of the training requirement within 26 weeks of certification or layoff 45-day period remains unchanged Provides for additional redress if worker misses application and enrollment deadlines due to not receiving notification Removes 60 day waiting period after certification limit on receipt of TRA Enrolled in training deadlines are established for each trade affected worker for eligibility for TRA benefits. Individuals must be enrolled in training or placed on a waiver of the training requirements by the deadline in order to protect the receipt of basic TRA benefits. The 2009 Amendment extends the “enrolled in training” deadline. Extenuating circumstances are circumstances beyond the control of the worker. There must be documentation in the case file to support granting the 45-day extension.

Trade Readjustment Allowances Qualifying Requirements (cont’d) Old Trade Program Waivers of the enrolled in training requirement may be issued under six conditions for up to six months Must be reviewed and reauthorized every 30 days Training requirement may be waived only after an assessment is completed New Trade Program No change Waiver reviewed three months after issuance, then monthly This requirement is still in effect Marketable skills waivers may include post-graduate degrees Retirement waivers do not require review The 2009 Amendment allows for waivers to be reviewed only after three months. However, Regional Workforce Boards and their partners need to continue to review waivers monthly, until new guidance is issued. Waivers may be issued if the individual meets one of six requirements: Enrollment not available Training not available Worker recalled by trade-affected firm Individual has marketable skills Individual within two-years of meeting retirement requirements Unable to participate due to health of the worker All individuals who are on waivers are required to look for work.

Trade Readjustment Allowances Qualifying Requirements (cont’d) Old Trade Program Failure to begin, or cease training without justifiable cause, will stop TRA benefits until training resumes Employed 26 of previous 52 weeks with $30 earnings per week (with the trade-affected company) Must exhaust Unemployment Insurance (UI) benefits (including extended benefits) No deadline for training enrollment if not eligible to receive TRA New Trade Program No change If the individual is not eligible to receive TRA, the enrolled in training deadline is irrelevant.

Trade Readjustment Allowances Weekly Amounts Old Trade Program All TRA is equal to workers UI Weekly Benefit Amount (WBA) If a trade-affected worker gets a new job and is subsequently laid off, his/her UI benefits may be lower than the original TRA WBA. New Trade Program Workers in full-time training: Part-time wages up to the WBA shall not be counted as earnings for purposes of deductible income Allows workers to choose between receiving TRA or UI if the filing of a subsequent UI claim could result in a lower weekly benefit amount The Trade Act requires that earned wages be deducted from the weekly benefit amount (WBA). If earned wages exceed the WBA, the individual receives no TRA for that period. However, the 2009 Amendment requires that when the individual is enrolled in full-time training and is also working part-time, earnings from work that are equal to or less than the most recent WBA will not be deducted from the WBA. TRA benefits are not payable for individuals who are participating in on-the-job training (OJT) or part-time training. Under the old program, if a worker obtained a new job from which he was subsequently laid off, and his new UI benefits were less than the benefits from the trade-affected dislocation, he would only be eligible to receive the lower UI benefits. Under the 2009 Amendment, the worker may select the more advantageous of the new UI benefits or the benefits from the trade-affected dislocation.

Trade Readjustment Allowances Limitations Old Trade Program TRA provides income support beyond UI Basic TRA equals 52 weeks minus any weeks of UI received and must be used within 104 weeks after Qualifying Separation or foregone. Application for training must be made within 210 days to qualify for additional TRA New Trade Program No change Strikes the 210 day rule for bona-fide application for training and receipt of additional TRA With extended and/or emergency UI benefits, it may be that some claimants will not receive basic TRA, since they may receive UI benefits for more than 104 weeks. Under the 2009 Amendment, individuals are not required to make application by the 210-day deadline in order to receive extended TRA benefits.

Trade Readjustment Allowances Limitations (cont’d) Old Trade Program Provides 52 weeks of additional TRA benefits if participating in training with no breaks greater than 30 consecutive days. Additional TRA must be used within 52 consecutive weeks. New Trade Program Provides 78 weeks of additional TRA benefits to allow longer term training Provides a 91-week period in which the worker may collect up to 78 weeks of TRA, allowing for up to 13 weeks in training breaks (summer or employment) during which the worker is not eligible to receive TRA If a participant has to take a break of more than 30 consecutive days (for example a summer break) TRA payments will stop. Under the 2009 Amendment, the TRA clock will start up again when the person resumes training. The limit on this is that the payment of 78 weeks of additional TRA benefits can only be paid over a period of 91 consecutive weeks.

Trade Readjustment Allowances Limitations (cont’d) Old Trade Program An additional period up to 26 weeks of TRA is also available to workers participating in remedial education New Trade Program The 26-week additional period may also be used for prerequisite courses Provides protection for workers covered under certifications delayed by judicial and administrative appeals Adjusts period of eligibility for workers called up for active military duty if service lasts at least 30 days (restarts enrollment process) Remedial training is not limited to basic skills or GED-prep. It could include any coursework in basic math/language arts required based on an assessment test. Participants are required to submit their schedule to determine if any remedial coursework is required. Prerequisite education is coursework that the training institution requires for entry into a program. Any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition shall not be counted for purposes of calculating the period of separation. In the event of a certification issued as a result of an appeal of a negative determination denying certification, the eligibility period for basic TRA will begin with the week following the week in which the group was certified. The clock starts over for a person who gets called up for active duty.

Application of State Laws Old Trade Program State law may not be used to waive deadlines New Trade Program Time limitations for application for TRA or training enrollment, or late filing of claims may be waived if state UI law, regulation, policy, or practice provides a good cause waiver, e.g., agency error or claimant was not at fault (if consistent with State UI laws). Florida State Law does not allow waiving deadlines for any situation except agency error.

Service Delivery System and WIA Wrap Around Services Old Trade Program States choose which agency to designate as responsible for TAA program Enrollment of trade affected workers in WIA is voluntary New Trade Program No change The State of Florida has decentralized the trade program to the Regional Workforce Boards. The Department of Economic Opportunity has oversight over the program. Florida currently requires that all trade-affected workers who receive training services be co-enrolled in TAA and WIA.

Service Delivery System and WIA Wrap Around Services (cont’d) Old Trade Program States cannot use TAA funds for wrap around services provided by other programs, i.e., career counseling, assessment and job placement services New Trade Program Creates an additional entitlement to case management and employment services to include Comprehensive Assessments, Individual Employment Plans, information on available training, information on financial aid, prevocational services, career counseling, labor market information, and availability of supportive services. These are payable with TAA funds.

Service Delivery System and WIA Wrap Around Services (cont’d) Old Trade Program States receive an additional 15% of training funds for program administration. New Trade Program States receive an additional 15% of training funds. At least 1/3 of these funds must be used for case management. No more than 2/3 of these funds may be used for administration. An additional $350,000 annually per state is provided for employment and case management which cannot be used for administration or MIS improvements. Under the 2009 Amendment, no more than 10% of the funds may be used for program administration; and a minimum of 5% of funds must be used on Case Management Services (in addition to the $350,000 allocation.) The State will determine the methodology for distribution of the $350,000 Case Management allocation.

Service Delivery System and WIA Wrap Around Services (cont’d) Old Trade Program New Trade Program Section 239 Agreement with States requires USDOL to establish procedures to ensure uniform application by the States and includes new monitoring and data requirements These federal procedures are still being developed.

Funding Old Trade Program New Trade Program $220 million annually 75% allocated at beginning of year 25% in reserve for high participant activity New Trade Program Increases cap to $575 million Requires 35% of training funds held in reserve, but 90% of all funds must be distributed by July 15 Training and Employment Guidance Letter (TEGL) 9-09 describes the formula for the initial allocation of TAA funds. See next slide for the methodology.

Funding (cont’d) Old Trade Program New Trade Program 85% Hold Harmless Provides specific factors to take into consideration in creating new funding formula including 25% hold harmless and more current activity projections: Number of workers certified in most recent 4 quarters Number of workers in training in most Number of workers estimated in training during the fiscal year Estimate of training funds needed for fiscal year Other factors

Funding (cont’d) Old Trade Program New Trade Program Requires USDOL to enact regulations to carry out the funding formula provisions within one year of enactment (February 17, 2010) TEGL 9-09, issued on October 21, 2009, describes the formula for distributing TAA funds to the States for fiscal year 2010. On August 5, 2009, the USDOL published proposed regulations to allocate the training funds to the States. TEGL 9-09 governs the initial distribution of FY 2010 training funds and any subsequent distributions until the final regulations are effective.

Training Programs Old Trade Program New Trade Program Workers are “entitled” to the full cost of training No part-time or incumbent worker training New Trade Program This requirement is made more explicit in the 2009 Amendment Allows for Incumbent Worker training without UI or TRA Allows for part-time training without TRA Regarding the “reasonable cost” criterion for training approval, it should be noted that the USDOL has not prohibited the limited use of “training caps” on the amount of training costs considered reasonable. But there must be a mechanism for exceeding that maximum when that results in the most reasonable and cost effective way of returning the trade affected worker to sustainable employment. Beyond this, any “caps” developed must be sufficient to cover the reasonable cost of suitable training for high growth, demand, and green occupations in all localities to which those caps apply. The 2009 Amendment provides that training may be approved before separation for adversely affected incumbent workers. An adversely affected incumbent worker: (1) is a member of a group of workers that has been certified as eligible to apply for TAA benefits, (2) has not been totally or partially separated from employment and thus does not have a qualifying separation, and (3) is determined to be individually threatened with total or partial separation.

Training Programs (cont’d) Old Trade Program By regulation, training is available for up to two years, with an additional 6 months available for workers who require remedial education New Trade Program Training may be approved that exceeds the availability of TRA if worker can demonstrate having adequate financial resources and having the means to pay for the cost of training (beyond 156 weeks) Training may not be limited by WIA approvable training Allows TAA training for incumbent workers except for On-the-Job (OJT) and customized training, in adversely affected employment There is no limitation on training, except for OJT, which is limited to 104 weeks. There is a limit on the number of weeks in which TRA may be paid. Training may not be limited by WIA approvable training (demand occupations). The TAA program allows approved remedial and pre-requisite training for individuals who meet the six program criteria. The 2009 Amendment extends to “adversely affected incumbent workers” the same training benefits provided to “adversely affected workers” under the Act, except that they cannot be approved for OJT or customized training unless such training is for a position other than the worker’s adversely affected employment.

Training Programs (cont’d) Old Trade Program New Trade Program Allows TAA training to include registered apprenticeship programs Obtain or complete a degree or certification program Workers who take temporary work during a break in training may not be determined ineligible for UI/TRA and may elect to receive TRA instead of the new UI benefits The 2009 Amendment clarifies that the TAA program can pay for registered apprenticeship programs, any prerequisite education required to enroll in training, and training at an accredited institution of higher education including training to obtain or complete a degree or certificate program that reasonably can be expected to result in employment. The 2009 Amendment requires individuals to receive an option form to elect which benefit (UI or TRA) they would like to receive when wages are earned after the most recent adversely affected employment, qualifying the worker for a subsequent benefit year of UI at a lower weekly benefit amount (WBA) than the first WBA.

Training Programs (cont’d) Old Trade Program New Trade Program Creates new standards for OJT: Expectation of suitable employment with employer Compatible with workers’ skills A curriculum that creates proficiency in the worker Benchmarks indicating attainment of knowledge and skills Shall not exceed 104 weeks While the 2002 Act required payment for OJT to be made in equal monthly installments, the 2009 Act requires only that payment be made on a monthly basis. The 2009 Act expressly limits OJT contracts to no more than 104 weeks. The 2009 Act also provides that employers that exhibit a pattern of failing to provide workers with continued long-term employment, and adequate wages, benefits and working conditions as regular employees are excluded from OJT contracts. OJT Agreements would be appropriate for individuals who may not demonstrate suitability for classroom training.

Training Programs (cont’d) Old Trade Program New Trade Program Workers who leave OJT within 30 days of starting, if training did not meet all requirements, may not be determined ineligible for UI/TRA and may elect to receive TRA instead of any new UI entitlement Prerequisites are considered similar to remedial training (up to 26 weeks total) Under the 2009 Amendment, a Cooperating State Agency (CSA) may not deny UI benefits if the worker left OJT no later than 30 days after commencing such training and the training did not meet one or more of the following requirements: can reasonably be expected to lead to suitable employment with the employer offering the OJT; is compatible with the skills of the worker; 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; can be measured by benchmarks that indicate that the worker is gaining that knowledge or skills. Regional Workforce Boards will need to document when one or more of the reasons are applicable to an OJT participant.

Job Search Allowances Old Trade Program New Trade Program The program will reimburse 90% of the total expenses capped at $1,250 per participant to help workers search for employment outside their local commuting area New Trade Program Increases the percentage of job search expenses that may be paid on behalf of a qualified participant to 100% of the total expenses capped at $1,500 Strikes restriction on people who got a waiver allowing application up to 182 days after training completion This is an optional allowance that may be granted to eligible trade-affected individuals. The qualifying conditions for job search allowances basically remain unchanged (i.e., assist adversely affected worker; local employment not available; and timely application). The DEO job search allowance application and certificate of suitable employment (Forms 861 and 861A) must be completed before the job search begins. The adversely affected worker must file an application for the allowance before the later of (1) the 365th day after the date of the certification under which the worker is certified as eligible; or (2) the 365th day after the date of the worker’s last total separation; or the date that is the 182nd day after the date on which the worker concluded training.

Relocation Allowances Old Trade Program The program will cover 90% of expenses to help cover the costs of moving for workers who obtain new employment in another area Lump-sum payment up to $1,250 New Trade Program Increases the percentage of relocation expenses that may be paid on behalf of a qualified participant to 100% of the total expenses Lump-sum payment up to $1,500 Strikes restriction on people who got a waiver allowing application up to 182 days after training completion This is an optional allowance that may be granted to eligible trade-affected individuals. The qualifying conditions for relocation allowances basically remain unchanged (i.e., assist adversely affected worker; local employment not available; total separation; suitable employment obtained; and timely application). An DEO relocation allowance application and certificate of suitable employment (Forms 860 and 861A) must be completed before the job search begins. The adversely affected worker must file an application for the allowance before the later of (1) the 425th day after the date of the certification; or (2) the 425th day after the date of the worker’s last total separation; or the date that is the 182nd day after the date on which the worker concluded training.

Collection and Publication of Data Old Trade Program New Trade Program Requires the USDOL to report on: Number of petitions, certifications, and denials, and the basis for the certifications Data on training by major types of training Data on outcomes Data on Rapid Response activities Requires an annual report to Congress as well as posting on USDOL website Requires USDOL to implement a system to collect data on adversely affected workers employed in the service sector within 90 days of enactment

Agreement and Data Collection Old Trade Program New Trade Program States are required to collect, validate, and report new data elements to USDOL Satisfactory immigration status must be verified for an individual who is not a citizen or national (and re-verified if immigration documents expire while worker is receiving benefits) through the Systematic Alien Verification for Entitlement (SAVE) program TEGL 6-09 was issued on September 15, 2009, regarding the new TAA Trade Activity Participant Report (TAPR). The State of Florida is consulting with Geographic Solutions and the USDOL to ensure that the new TAPR requirements are included in the TAA module in EFM for collection and reporting purposes. DEO verifies immigration status through SAVE for UC, TRA, ATAA and RTAA claimants. Currently all TAA participants are required to be co-enrolled in WIA. Therefore, their citizenship/authorization to work is verified upon enrollment in WIA activities. If an authorized alien’s documents are due to expire while the alien is receiving TAA benefits, staff must put in place a reminder process to re-verify the documents in a timely manner.

Agreement and Data Collection Old Trade Program New Trade Program Cooperating agreements have additional clauses: Outreach and orientation must be performed States must include monitoring, oversight and control measures to improve accuracy and timeliness of data which must be reported quarterly Employment and case management services must be provided, including the use of other federal programs as needed It is a requirement that Regional Workforce Boards (RWBs) provide Rapid Response and TAA Informational Sessions to trade-affected workers. A copy of the Rapid Response onsite report must be provided to the State TAA Coordinator. The State conducts an annual onsite review of the TAA program operated by the RWBs. The 2009 Act now requires that case management services be offered to all trade-affected workers who are in training (including pre-separation/incumbent worker), placed on waivers, or recipients of RTAA. The required services may be provided by staff funded by the new case management funds authorized under the Act, or by staff funded under partner programs. ***************************************************************************************** The USDOL is investigating opportunities to provide some Information Technology (IT) funds to the states for Management Information System (MIS) needs/updates to assist them in capturing data required for program reporting.

Overpayment Old Trade Program New Trade Program If a claimant receives an overpayment, repayment may be waived if the overpayment occurred without fault and the repayment “would go against equity and good conscience” New Trade Program In case of an overpayment, repayment shall be waived if the overpayment occurred without fault and repayment would cause financial hardship for the individual or the household According to the 2009 Amendment, if a trade-affected individual receives an overpayment of TAA benefits, recovery of the overpayment must be waived if it was not the individual’s fault AND it would cause a financial hardship for the individual (or the individual’s household, if applicable), when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).

ATAA versus RTAA Old Trade Program New Trade Program Available to certified group of workers that obtain reemployment not more than 26 weeks after the date of separation, are at least 50, and earn not more than $50,000 a year in a different full-time job Available only if ATAA was specifically approved as part of the certification New Trade Program RTAA replaces ATAA Strikes the requirement that a worker finds employment within 26 weeks of being laid-off Increases the limit on wages in eligible reemployment to $55,000 a year Eliminates the requirement for a group certification ATAA = Alternative Trade Adjustment Assistance (remains available to workers certified for ATAA under petitions filed prior to May 18, 2009, petitions 69999 and lower) RTAA = Reemployment Trade Adjustment Assistance (petitions 70000+) Under the 2009 Amendment, trade-affected workers who meet all criteria are eligible to receive RTAA benefits. For petitions below the 70000 series, ATAA benefits are only available to eligible trade-affected workers if the Certification included approval for ATAA benefits.

ATAA versus RTAA (cont’d) Old Trade Program Wage supplement of up to $10,000 over two years is available only to workers age 50 and over Full-time workers eligible for ATAA The wage subsidy is equal to 50% of the difference between reemployment wages and wages from employment prior to trade-affected layoff New Trade Program Increases the wage supplement to up to $12,000 over two years Allows a worker to qualify for RTAA when working part-time, if employed at least 20 hours a week and participating in approved full-time training The percentage of wage subsidy is variable based on weekly hours of employment before (trade-affected employment) and after (reemployment) but no more than 50% of the difference In addition to meeting the age, salary and hours of work conditions at the time of reemployment to be eligible for RTAA, the worker cannot return to employment at the trade-affected “firm” from which the worker was separated. The 2009 Act defines “firm” as either the entire firm or the appropriate subdivision. Accordingly, this requirement means that, if the certification is issued for a worker group in an appropriate subdivision of a firm, the worker may not return to employment with that subdivision, but may return to work at another subdivision of the firm. If, however, the certification is issued for workers in the entire firm, the worker may not return to employment in any subdivision of that firm.

ATAA versus RTAA (cont’d) Old Trade Program New Trade Program Allows RTAA participants to receive TAA-funded training, employment and case management services Allows recipients to go from TRA to RTAA, but may not receive concurrently

ATAA versus RTAA (cont’d) Old Trade Program New Trade Program Two Year (104 week) Benefit Period: An individual who has not received TRA, two years from UI exhaustion based on trade employer separation or two years from date when qualifying reemployment is obtained An individual who received TRA may receive RTAA for up to 104 weeks from date of reemployment. The time period for receipt of RTAA is reduced by number of weeks of TRA RTAA no longer a Pilot - It is part of TAA and is due to expire with TAA on December 31, 2010

Program Administration Old Trade Program New Trade Program Creates an Office of TAA directly under Division of Administrative Services (DAS) rather than Office of National Response (ONR) at USDOL Requires USDOL to designate an officer to receive, resolve complaints and requests for assistance New accountability and transparency provisions Under the stimulus package which reauthorized the Trade Adjustment Act, additional accountability and transparency provisions are expressed in the TAPR requirements.

Health Coverage Tax Credit (HCTC) Old Trade Program Available to workers who are receiving TRA or would be eligible to receive TRA if they had exhausted their UI or workers receiving an ATAA wage supplement HCTC pays 65% of health coverage premium for eligible workers who have qualified coverage New Trade Program New HCTC benefits are made available retroactively (effective March 1, 2009) to eligible TRA and ATAA recipients. RTAA beneficiaries are also eligible for HCTC. (Effective May 18, 2009) Effective May 1, 2009, HCTC pays 80% of health coverage premium HCTC is the only benefit that applies to workers covered under the old as well as new petition numbers. Under the 2009 Amendment, RTAA is available for individuals under Petitions filed on or after May 18, 2009 (petition number 70000+).

Health Coverage Tax Credit (cont’d) Old Trade Program New Trade Program Scheduled breaks in training may not impact HCTC eligibility Non-Trade workers who are involuntarily terminated get 65% support for COBRA payments for 9 months if same year income is less than $125,000 for an individual or $250,000 for a family (no “UI” requirement in language) A scheduled break is defined by the training institution. It includes holidays and breaks between terms and semesters. Under the 2009 Amendment, if an individual is in a scheduled break in approved training, he or she may continue to receive HCTC.

TAA Related Websites United States Department of Labor – Employment & Training Administration - http://www.doleta.gov/tradeact/ (Guidance for the 2009 Amendment can be found in TEGL No. 22-08.) Florida Department of Economic Opportunity - http://www.floridajobs.org/workforce/TAA_home.html Internal Revenue Service – HCTC Site http://www.irs.gov/individuals/article/0,,id=109915,00.html Florida Apprenticeship Program http://www.fldoe.org/workforce/apprenticeship/benefits.asp

Contact Information Mershal Noble – State TAA Coordinator (850) 921-3317 – Phone (850) 921-3826 – Fax E-mail Address: mershal.noble@deo.myflorida.com