Matters for Congressional Consideration

1. Status: Closed - Implemented

   Comments: Within the Trade Act of 2002, Congress took action on this Matter for Consideration by inserting language in Sec. 116(b), amending the Trade Act of 1974 to permit workers to receive payments during breaks in training lasting up to 30 days. This change will permit workers dislocated by trade to complete their training programs and continue to receive income benefits during unavoidable training breaks.

   Matter: As part of its current deliberations about consolidating or restructuring the TAA and NAFTA-TAA programs, Congress may wish to consider whether workers who experience an unavoidable break in training of more than 14 days (such as semester breaks) should continue to receive income benefits.

2. Status: Closed - Implemented

   Comments: In passing the Trade Act of 2002, Congress took action on these Matters for Consideration by inserting language to standardize the training enrollment deadline for trade-affected workers. This change was inserted in Section 114(b), which amended the Trade Act of 1974. Congress also inserted language refining training waiver policies for certified workers in Section 115, which also amended the Trade Act of 1974. Finally, Congress repealed separate TAA and NAFTA-TAA programs (Section 123) and amended the Act to expedite review of petitions by the Secretary of Labor, reducing the time from 60 to 40 days.

   Matter: Congress may also wish to simplify the administration of the TAA and NAFTA-TAA programs by standardizing: (1) time frames for workers to enter training; (2) training waiver policies for certified workers; and (3) time frames for completing certification investigations.

Recommendations for Executive Action

1. Status: Closed - Implemented

   Comments: The Department of Labor revised its Trade Act Participant Report (TAPR) to track participant outcomes in Trade Act programs. The revised TAPR was implemented by TEGL 11-00 and uses wage records to show post-program reemployment and compute wage replacement percentages. States also now provide TAPR reports to a Department of Labor website that incorporates an edit check program that permits immediate feedback to the state on data quality and apparent errors, with follow-on provided by regional Department of Labor officials, as warranted.

   Recommendation: To improve the effectiveness of the TAA and NAFTA-TAA programs in helping workers displaced by international trade adjust to changed economic conditions, the Secretary of Labor should establish an effective performance measurement system to track participant outcomes and then disseminate that information to the states and localities so they can better serve participants.

   Agency Affected: Department of Labor

2. Status: Closed - Implemented

   Comments: The Department of Labor reports that it has taken steps to ensure more timely certification of TAA and NAFTA-TAA petitions. This includes time limits within which investigations are to be submitted to the certifying officer. Furthermore, these time limits are included in the investigator and supervisory performance standards. The Department also reports that it is in the process of hiring contract staff to assist investigators and holding special internal meetings to streamline the certification approval process.

   Recommendation: To improve the effectiveness of the TAA and NAFTA-TAA programs in helping workers displaced by international trade adjust to changed economic conditions, the Secretary of Labor should establish procedures that will enable the Department to certify workers for TAA and NAFTA-TAA within required time frames.

   Agency Affected: Department of Labor

3. Status: Closed - Implemented

   Comments: The Department of Labor reports that it identified reports from 31 states that included petitions that had been denied. These states were asked to review their reports to determine whether these were data entry errors or if benefits were wrongly paid. As of March 2003, none of the states had identified any wrongly-paid benefits, according to the Department. Furthermore, the Department stated that it has corrected all Form 563 errors that it has identified. Note: ETA form 563 expires on May 30, 2006, and has been revised in light of new program requirements contained in the Trade Act of 2002.

   Recommendation: To improve the effectiveness of the TAA and NAFTA-TAA programs in helping workers displaced by international trade adjust to changed economic conditions, the Secretary of Labor should establish more effective internal controls and improve oversight with regard to benefit payments by states in order to prevent workers ineligible for benefits from receiving them.

   Agency Affected: Department of Labor

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