TAA Policy Manual

2.3 Program Monitoring & Oversight

Effective August 1, 2021

2.3.1 Description & Purpose

As the recipient of funds for the TAA Program, DWD-DET is responsible for the oversight of TAA Program operations and activities.¹ To fulfill this responsibility TAA Central Office staff will monitor activities performed under the Federal award at least quarterly. The purpose of monitoring is to:

• Ensure the program complies with appropriate policies and procedures, and operates within the parameters established by law, regulations, the Governor-Secretary Agreement, Equal Opportunity and Nondiscrimination policies, and program guidelines, including overall compliance with:
  • All relevant Trade Act iterations;
  • The Trade Adjustment Assistance for Workers implementing regulations found at 20 CFR Part 618;
  • Department of Labor Employment and Training Administration Advisories;
  • OMB's Uniform Administrative Guidance found at 2 CFR Parts 200 and 2900;
  • Nondiscrimination and Equal Opportunity provisions contained in Section 188 of WIOA and regulations 29 CFR Part 38 applicable to employment and service delivery; and
  • DWD-DET's TAA Policy & Procedures Manual.
• Assess the quality and equity of services provided to program participants and employers, and where appropriate, make recommendations for improvement;
• Identify technical assistance needs;²
• Identify system-wide issues requiring policy or program review and resolution;³
• Identify positive practices and share with others in the workforce development system;⁴ and
• Assess impacts of workforce programs for customers within the workforce development area (WDA) and the State of Wisconsin.

2.3.2 Monitoring Program Requirements

TAA Central Office staff will conduct monitoring of TAA participant files at least quarterly.⁵ Primarily this monitoring will be completed by the assigned TAA Regional Liaison. At a minimum this monitoring will include a review of case files from at least five participants being served in each of the four TAA regions⁶ (20 files total⁷) and will include case files for participants from at least two certifications⁸. This quarterly monitoring will also include the validation of required data elements.⁹

During each quarterly monitoring cycle several key items will be reviewed and considered. These items may include, but are not limited to, the following:

• Surveys or other information collection from local TAA Career Planners and Job Service District Directors;
• Surveys or other information collection from partner agency staff;
• Review of selected case files to evaluate compliance and quality of service, to include
  • review of paper documents;
  • review of ASSET entries;
  • review of financial transactions made on behalf of TAA participants; and
  • review of local equal opportunity and nondiscrimination compliance.

Within 30 days of the completion of the quarterly monitoring cycle the TAA Central Office will issue a written report to the appropriate TAA Career Planner(s) and Job Service District Director(s) identifying any promising practices, areas of concern, findings, and related corrective actions.

Upon receipt of the report, the TAA Career Planner(s) and Job Service District Director(s) will work to complete any necessary corrective actions within 30 days, or as soon as otherwise practical. The results of this action must be documented, in writing, to the TAA Regional Liaison. The review will be closed when no further corrective action is required. The TAA Regional Liaison will provide ongoing support throughout the process in the form of technical assistance and/or staff training.

Report Terminology

Terms utilized will be those identified in the United States Department of Labor's (USDOL) Core Monitoring Guide (August 2018).

Promising Practice – Used to highlight positive aspects of programs that may be shared with other TAA staff to help improve their program operations.

Area of Concern – Practices that do not represent instances of non-compliance but could become compliance problems in the future if not addressed.

Finding – Practices that are directly non-compliant with a specific federal/state law, policy, or procedure.

Corrective Action – Action that must be completed to rectify an area of concern or finding before a monitoring cycle can be completed.

• ¹ 20 CFR 618.860(d)(2)(i); 20 CFR 618.864(g)(4)
• ² 20 CFR 618.864(g)(4)(i)
• ³ 20 CFR 618.864(g)(4)(i)
• ⁴ 20 CFR 618.864(g)(4)(i)
• ⁵ 20 CFR 618.864(g)(4)(ii)
• ⁶ 20 CFR 618.864(g)(4)(iii)
• ⁷ 20 CFR 618.864(g)(4)(ii)
• ⁸ 20 CFR 618.864(g)(4)(ii)
• ⁹ TEGL 7-18; TEGL 23-19

2.4.1 TAA as a One-Stop Partner

Effective August 1, 2021

The Trade Adjustment Assistance (TAA) Program is a required partner in Wisconsin's one-stop delivery system.¹ As a required partner the TAA Program will engage in local negotiations related to one-stop delivery system infrastructure costs, shared delivery costs, and the required memorandum(a) of understanding (MOU). TAA's interests in these negotiations will be represented by the local Job Service District Director for the local workforce development area in consultation with the TAA Program Section Chief and the Bureau of Job Service Director, as needed. TAA will contribute to job center infrastructure costs, and any other agreed upon costs, based on the program's proportionate use and relative benefit of the one-stop delivery system in each local workforce development area.²

While TAA funding is administered at the state level by the Department of Workforce Development's Division of Employment & Training (DWD-DET), TAA career planners will be co-located in local job centers and will maintain general knowledge of the local one-stop delivery system; its one-stop operator(s), partner agencies and programs; and the processes for pursuing partner program co-enrollment to meet all participants' needs.

• ¹ WIOA Sec. 121(b)(1)(B)(vii)
• ² TEGL 17-16, p.2-3 and p.5-6

2.4.2 TAA Representation in Rapid Response Activities

2.4.3 Required Co-Enrollment with the WIOA Dislocated Worker Program

Effective August 1, 2021

Trade Adjustment Assistance (TAA) Program participants who are eligible for the WIOA Dislocated Worker Program must be co-enrolled in the Dislocated Worker Program unless the TAA participant declines co-enrollment.¹ TAA career planners must inform all TAA Program participants of the option to co-enroll in the Dislocated Worker Program and the benefits of co-enrollment, and must connect them with the appropriate local Dislocated Worker Program staff if they are interested in co-enrollment² and not already enrolled. This notification, and the result of such notification, including whether the participant will pursue or decline co-enrollment, must be clearly documented in ASSET case notes and a Referral service must be entered in ASSET.

DWD-DET, including any staff directly administering the TAA Program, cannot deny any TAA Program benefits or services to participants who decline co-enrollment with the Dislocated Worker Program.³

Dislocated Worker Program staff will determine each individual's eligibility for the Dislocated Worker Program. Most TAA Program participants will meet the Dislocated Worker Program eligibility criteria. However, some may be ineligible for the Dislocated Worker Program, including those who do not meet the Selective Service registration requirement, and will therefore be exempt from the co-enrollment requirement.⁴

Co-enrollment is considered complete when a participant has received one or more participation-causing benefit (TAA)⁵ or service (Dislocated Worker Program)⁶ from each program⁷. Services must be documented in ASSET by appropriate program staff in each respective program.

• ¹ 20 CFR 618.325(a)(1)
• ² 85 FR 51913
• ³ 20 CFR 618.325(a)(1)
• ⁴ 20 CFR 618.325(b)(1)
• ⁵ 20 CFR 618.310(b); 20 CFR 618.310(c); 20 CFR 618.405; 20 CFR 618.440; 20 CFR 618.505; 618.605
• ⁶ TEGL 10-16, Change 1, Attachment 7 – Table A
• ⁷ TAA and DW Co-Enrollment FAQ: TAADI and PIRL, page 2, Q5

2.4.4 Funding and File Coordination for Co-Enrolled Participants

Effective August 1, 2021

When a TAA participant is co-enrolled with a one-stop partner program the TAA career planner should work with the appropriate partner program staff to coordinate services for the participant. Efforts should be made to avoid duplication of services such as using assessment results completed by the partner program and developing a joint Individualized Employment Plan (IEP).¹

When a participant in the TAA Program is co-enrolled in another one-stop partner program, TAA Program funds must be the primary source of funds used to serve them² and TAA funding must be used to provide any services that are allowable under the TAA Program. However, TAA Program participants who are co-enrolled in partner programs, particularly with the WIOA Dislocated Worker Program, benefit from access to certain career services, supportive services and post-employment follow-up services offered by those programs that TAA Program funds do not support.³

If a participant is already engaged in training through the Dislocated Worker Program, or another one-stop partner program, at the time they become eligible for the TAA Program and their training is approved under the TAA Program, the costs for their training must shift to the TAA Program at the next logical break in training, such as the end of a semester.⁴ Training plans approved under the Dislocated Worker Program or another one-stop partner program may be amended by the TAA career planner to provide a participant with additional training services.⁵

For participants co-enrolled with a one-stop partner program that also uses ASSET as its management information system (MIS) (WIOA Adult, Dislocated Worker, and Youth Programs, Wagner-Peyser Employment Service Program, and Jobs for Veterans State Grant) TAA career planners must upload any documentation that is relevant to both programs to the participant's ASSET case file to help ensure coordinated service delivery. Either the TAA Program or the Dislocated Worker Program must ensure any credential or measurable skill gain that the participant attains is recorded in ASSET. To see how co-enrollment impacts the credential attainment rate and the measurable skill gain performance indicators, see WIOA Titles I-A and I-B Policy & Procedure Manual, Chapters 11.5.7 Credential Attainment Rate and 11.5.8 Measurable Skill Gain.

• ¹ TEGL 4-20, page 8; TAA and DW Co-Enrollment Fact Sheet #2: Perceived Barriers of Differing Eligibility & Benefit/Service Provision, page 3
• ² TEGL 15-12, p.5
• ³ 85 FR 51913
• ⁴ 20 CFR 618.615(c)
• ⁵ 20 CFR 618.615(c)

2.4.5 Benefits of Partnership & Co-enrollment

Effective August 1, 2021

The TAA Program's role as a one-stop delivery system partner allows TAA Program staff and participants access to a number of required and optional one-stop delivery system partners. TAA career planners must work with their local manager(s) and/or one-stop operator(s) to become knowledgeable of the partner programs operating within their assigned local area, including general knowledge of the target population(s) and basic eligibility criteria for each program, and general knowledge of the services that may be provided by each program to its eligible participants. Having this knowledge will allow TAA career planners to make appropriate referrals in cases where TAA participants could benefit from additional services the TAA Program is not authorized to provide, or to highly barriered participants who may benefit from a multi-tiered approach to workforce services.²

There are many benefits of co-enrollment for program participants, including:

• early intervention through Rapid Response activities and substantial access to career services prior to TAA certification and/or eligibility determination;
• access to a robust menu of workforce development services, including supportive services and other economic supports and post-employment follow-up services, that may not be offered by a single program;
• access to multiple workforce development experts to help guide their pathway to success; and
• access to staff with specialized training for specific populations, including justice involved individuals, individuals with disabilities, Veterans, etc.

Co-enrollment also affords programmatic benefits, including:

• the ability to better leverage both funding and staffing resources;
• improved performance outcomes;¹ and
• access to the institutional knowledge of expertise of staff across programs, leading to continuous improvement of the one-stop delivery system as a whole.

• ¹ TEGL 14-18; TAA and DW Co-Enrollment Fact Sheet #2: Perceived Barriers of Differing Eligibility & Benefit/Service Provision, page 1
• ² https://wioa.wisconsin.gov/

7.1 TAA Benefits Overview

Effective August 1, 2021

TAA offers a variety of benefits and services to workers who have lost their jobs due to the impacts of foreign trade. TAA provides trade-affected workers with opportunities to develop in-demand skills and make it easier to gain suitable employment. Each benefit has specific eligibility criteria, outlined in subsequent sections of this manual, that must be met to receive the benefit. TAA benefits include:

• Employment & Case Management¹: A variety of career development services that may be provided directly by TAA Career Planners, or in partnership with other one-stop delivery system programs through a co-enrollment process.
• Out-of-Area Job Search Allowances²: With prior approval TAA participants may be reimbursed for expenses to attend job interviews, take tests and attend referral appointments for work located outside of the participant's normal commuting distance.
• Relocation Allowance³: TAA may fund moving expenses for TAA participants who successfully find suitable employment located outside of their normal commuting distance.
• Reemployment Trade Adjustment Assistance (RTAA )⁴: RTAA is an age-dependent cash benefit that pays a TAA participant who is age 50 or older 50% of the difference between what they earned in their trade-affected job and what they earn in a new job. This subsidy is paid for two years, or up to $10,000, whichever comes first.
• Training Services & Supplemental Assistance⁵: TAA-funded training is available to eligible TAA participants to update or gain new skills to better compete in today's job market. This includes coverage of tuition, fees, textbooks, materials, and other supplies required for participation in training. Participants who travel outside of their normal commuting distance to attend training may also be eligible for transportation reimbursement and other subsistence payments.
• Trade Readjustment Allowance (TRA)⁶: TRA is an extension of unemployment insurance that provides a weekly allowance for living expenses for TAA participants engaged in full-time training. This benefit is time limited and eligibility deadlines apply. Three tiers of TRA (Basic, Additional and Completion) may be available depending on the circumstances of each individual's case.
• Health Coverage Tax Credit (HCTC)⁷: This benefit provides a tax credit, paid monthly or annually, to offset the increased costs of health insurance due to the loss of employer-paid health insurance previously available through the trade-impacted employer. This benefit is administered directly by the Internal Revenue Service (IRS).

7.1.2 Right to Apply

Anyone determined to be TAA-eligible who wants to apply for any TAA benefit must be allowed to apply and receive an eligibility determination for that benefit.⁸ DWD is required to:

1. make prompt determinations regarding eligibility;⁹
2. provide notice of the determination to the individual;¹⁰ and
3. provide notice of the individual's right to appeal if they do not agree with the determination.¹¹

Official determinations regarding benefit eligibility will be made jointly with DWD's Division of Unemployment Insurance (DWD-UI) and written notification of the determination and the participant's rights to appeal will be issued by DWD-UI.

• ¹ 20 CFR Part 618, Subpart C
• ² 20 CFR Part 618, Subpart D
• ³ 20 CFR Part 618, Subpart D
• ⁴ 20 CFR Part 618, Subpart E
• ⁵ 20 CFR Part 618, Subpart F
• ⁶ 20 CFR Part 618, Subpart G
• ⁷ 20 CFR 618.110
• ⁸ 20 CFR 618.844
• ⁹ 20 CFR 618.820(b)
• ¹⁰ 20 CFR 618.820(e)
• ¹¹ 20 CFR 618.828

7.2.3 Assessments

Effective Date: September 13, 2024

The assessment process is the basis for determining which TAA benefits and services, including training, are most appropriate to allow trade affected workers to become re-employed. All participants must receive an initial assessment as soon as possible after they are determined eligible for the TAA program, and in time to request a training waiver if one is needed to protect their ability to receive TRA.

7.2.3.1 Initial Assessment

Who Must Be Assessed

Initial assessments must be provided to all trade-affected workers found eligible for TAA as part of the intake process. If an assessment has already been administered by a partner program, such as the Dislocated Worker Program, the TAA career planner must review it once the person is found eligible for TAA. Parts of a completed assessment that meet the requirements of a TAA assessment may be reviewed and used; anything missing that is required for the TAA assessment must be added.

Purpose

The initial assessment determines whether suitable employment is available to the participant within the 15 mile commuting area (or an area where the participant intends to relocate) or if there is a reasonable expectation that suitable employment will become available there in the near future. This means assessing if suitable employment is available without any intervention from TAA or with only employment and case management services.

If suitable employment is not available to the participant, even with employment and case management services, the career planner must discuss training options with the participant and advise them to apply for training.

Components

The initial assessment must include:

1. LMI about the current labor market for the participant's TAA layoff job, including the unemployment rate, local employer skill demands, and hiring prerequisites.
2. The participant's knowledge, skills and abilities from their previous education and employment.
3. The participant's transferrable skills that could be of interest to local employers.
4. Evaluation of the participants skill levels, including literacy, numeracy, and English language proficiency.
5. Evaluation of the participant's supportive service needs.
6. Any barriers to the participant's re-employment, including but not limited to:
   1. Skills that are in excess supply in the current labor market
   2. Skills not applicable to other occupations
   3. Whether the worker is a member of 1 or more of the following populations
      1. Displaced homemakers.
      2. Low-income individuals.
      3. Indians, Alaska Natives, and Native Hawaiians
      4. Individuals with disabilities.
      5. Older individuals.
      6. Ex-offenders.
      7. Homeless individuals, or homeless children and youths.
      8. Youth who are in or have aged out of the foster care system.
      9. Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers.
      10. Eligible migrant and seasonal farmworkers.
      11. Individuals within 2 years of exhausting lifetime eligibility for TANF.
      12. Single parents, including single pregnant women
      13. Individuals who have been unemployed for 27 consecutive weeks or longer

Documentation

The results of the assessment must be documented in the case file, using the TAA Initial Assessment form.

• ¹ 20 CFR § 618.330(a) and (b)
• ² 20 CFR § 618.335(a)
• ³ 20 CFR § 618.330(e)
• ⁴ 20 CFR 618.610(a)(1)
• ⁵ 20 CFR § 618.335(c)
• ⁶ 20 CFR § 618.335(b)(1)
• ⁷ 20 CFR § 618.335(c)(2)
• ⁸ 20 CFR § 618.335(c)(3)
• ⁹ 20 CFR § 618.335(c)(4)
• ¹⁰ 20 CFR § 618.335(c)(4)
• ¹¹ 20 CFR § 618.335((5)
• ¹² 20 CFR § 618.335((5)(iii) which references WIOA Sec. 3(24)
• ¹³ These terms are defined in WIOA Sec. 166(b). The term "Alaska Native" includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b), (r)). The terms "Indian", "Indian tribe", and "tribal organization" have the meanings given such terms in subsections (d), (e), and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). The terms "Native Hawaiian" and "Native Hawaiian organization" have the meanings given such terms in section 7207 of the Native Hawaiian Education Act (20 U.S.C. 7517).
• ¹⁴ As defined in section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6)))
• ¹⁵ As defined in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))
• ¹⁶ These terms are defined in WIOA Sec. 167(i).
  The term 'eligible seasonal farmworker' means— (A) a low-income individual who—(i) for 12 consecutive months out of the 24 months prior to application for the program involved, has been primarily employed in agricultural or fish farming labor that is characterized by chronic unemployment or underemployment; and (ii) faces multiple barriers to economic self-sufficiency; and (B) a dependent of the person described in (A).
  The term 'eligible migrant farmworker' means— (A) an eligible seasonal farmworker whose agricultural labor requires travel to a job site such that the farmworker is unable to return to a permanent place of residence within the same day; and (B) a dependent of the farmworker described in (A).
• ¹⁷ TEGL 19-19, p. 9
• ¹⁸ 20 CFR § 618.330(d)

7.6.1 Training Benefit Overview & General Procedures

Effective August 1, 2021

TAA participants who apply and meet certain eligibility criteria may qualify to receive TAA-funded training services. The goal of TAA-funded training is to help TAA participants obtain the knowledge and skills needed to gain suitable employment as quickly and economically as possible.¹ TAA is able to fund several types of training programs including, but not limited to, remedial education, classroom training, work-based training, and, in some cases, advanced degrees.² Each TAA participant may receive only one training plan per certified petition;³ however, a single training plan may include multiple components, including multiple types of training (e.g. classroom training followed by on-the-job training) or multiple certifications offered through one or more training providers. Once a participant is approved for the training benefit TAA will fund tuition, fees, textbooks, supplies, and materials required to participate in the training program. TAA participants who are in an approved training program may also be eligible for Trade Readjustment Allowance (TRA) benefits, supplemental assistance including transportation and subsistence reimbursements, and the Health Coverage Tax Credit (HCTC).

Additionally, a TAA participant's eligibility for the training benefit does not expire provided U.S. Congress continues to fund the TAA program.⁴

7.6.1.1 General Procedures

TAA Career Planners must complete the following procedures for all participants who are interested in attending a TAA-funded training program:

Assessment

TAA participants who are interested in training services must receive an initial assessment and must be offered a comprehensive and specialized assessment.⁵ These assessments may be provided directly by the TAA Career Planner or in partnership with another one-stop delivery system program.⁶ At minimum, the assessment provided must evaluate whether the TAA participant meets the six criteria to establish training eligibility. The results of the assessment(s) must also support the training program of choice before an application for training is approved. Assessment results, including participants' career goals, must be documented in an Individualized Employment Plan (IEP).⁷ The TAA participant may opt out of the assessment process;⁸ in this case the TAA Career Planner must ensure that all information necessary for determining the participant's eligibility for training is collected and documented in the Individualized Employment Plan (IEP) or elsewhere in the participant's file.⁹

Individualized Employment Plan (IEP)

TAA career planners must work with each participant interested in training to develop an Individualized Employment Plan (IEP) that targets a specific, in-demand occupation to achieve their selected employment goal.¹⁰ The IEP must be based on the results of any assessment(s) completed¹¹ and must include:¹²

• the participant's employment goal, including the targeted occupation and industry;
• the proposed training program;
• any services planned to help the participant achieve their goals, including those offered/provided by one-stop system partners;
• any TAA-funded supplemental assistance services required for participation in training, and the basis for their calculation; and
• the worker's responsibilities under the plan.

IEPs developed by one-stop delivery system partner programs may be used to satisfy this requirement and may be modified in consultation with partner program staff, or supplemented by the TAA Career Planner, to satisfy TAA requirements.¹³

Application

The TAA participant must apply for TAA training benefits by completing and signing form TRA-16679-E and submitting it to their assigned TAA career planner. The TAA career planner will verify the completeness and accuracy of the form, complete the Justification for Training and Approval/Denial of Training Benefits portions of the form, and sign the form to finalize. Certain training plans may require approval by TAA Central Office staff . Once both participant and career planner sections of the form are completed, and any other necessary approvals are granted, the form must be submitted to the Unemployment Insurance Division's (UI) TRA Coordinator to receive an official determination.

Determination

Upon receipt of form TRA-16679-E the TRA Coordinator will review and issue an official determination of approval or denial for the training benefit.¹⁴ If approved, the participant and career planner can proceed with executing the agreed upon training plan.

Each official determination letter will include information about the DWD-UI appeals process, which applies to TAA benefit determinations. If denied, the participant may appeal the decision by following this process. The career planner must continue to work with the participant during and after the appeal process to retain benefit eligibility through the training waiver process, assist with modification of the training plan to make it approvable, and/or explore other appropriate TAA benefit options.

• ¹ 20 CFR 618.600
• ² 20 CFR 618.620(b)
• ³ 20 CFR 618.615(a)
• ⁴ 20 CFR 618.605(e)
• ⁵ 20 CFR 618.605(a)
• ⁶ 20 CFR 618.330(e)
• ⁷ 20 CFR 618.605(a)
• ⁸ 20 CFR 618.330(f)
• ⁹ 20 CFR 618.605(a)
• ¹⁰ 20 CFR 618.350(a)(2)
• ¹¹ 20 CFR 618.350(b)
• ¹² 20 CFR 618.350(c)(1-5)
• ¹³ 20 CFR 618.350(d)
• ¹⁴ 20 CFR 618.605(d); 20 CFR 618.820(b)

7.6.2 Training Approval Criteria

Effective August 1, 2021

Revised December 11, 2024

For TAA participants who are interested in pursuing training services the TAA Career Planner must complete an in-depth analysis of the following six criteria¹ to determine whether training is appropriate and allowable:

1. There is no suitable employment available for the TAA participant.
2. The TAA participant would benefit from appropriate training.
3. There is a reasonable expectation of employment following completion of the training program.
4. Training is reasonably available to the TAA participant.
5. The TAA participant is qualified to undertake and complete the selected training program.
6. The selected training program is suitable for the TAA participant and available at a reasonable cost.

Each criterion must be analyzed by the TAA Career Planner based on the results of assessment(s) completed with the TAA participant, available labor market information, and an evaluation of available training programs. The results of this training eligibility analysis must be documented on form TRA-16679-E and in the participant's Individualized Employment Plan (IEP).

7.6.2.1 Criterion 1: No Suitable Employment is Available

By definition, suitable employment varies from participant to participant, so it must be evaluated on an individual basis for each participant requesting a training service. Career planners must consider a number of factors when determining whether suitable employment exists for a TAA participant. The TAA Initial Assessment Form (TAA-19885-E) guides career planners through the information that must be gathered to complete this determination.

This analysis will require knowing and understanding the participant's pre-layoff job title and duties, wage/salary, and the employment requirements for that job including education and experience level. Several resources are available to help career planners assess this information including Job Center of Wisconsin and other aggregate job searching websites, WisConomy, Career OneStop, and O*Net Online.

If the Career Planner determines that the participant is not eligible for training because suitable employment is available within the commuting area or within a chosen area for relocation, then the availability of suitable employment must be documented in the participant's file.²

7.6.2.2 Criterion 2: Participant Would Benefit from Training

The Career Planner must determine that appropriate training will increase the participant's likelihood of obtaining employment in their goal job.³ This can be documented by finding the training typically required for the goal job in O*Net, or by analyzing job ad requirements.

Training should improve the worker's chances of obtaining employment at higher wages than they could obtain without training or place them on a path to do so.⁴ Although it is preferred for training to lead to suitable employment, it is not required. Training should allow participants to compete for the highest paying employment achievable given their preexisting skills, abilities, and education and the current and projected job market.⁶

7.6.2.3 Criterion 3: There is a Reasonable Expectation of Employment After Training Completion

The Career Planner must review labor market projections to determine whether there is a reasonable expectation that the participant will gain employment in the chosen occupation, and within the participant's normal commuting distance, after completion of the training program.⁷ In cases where the participant has indicated a desire to relocate, this analysis must be conducted for the selected area of relocation.⁸

Several resources are available to help career planners assess the current and future availability of employment including:

• Job Center of Wisconsin and other aggregate job searching websites;
• WisConomy;
• Career OneStop;
• O*Net Online

The Career Planner may also:

• Review the local Workforce Development Board's WIOA Regional or Local Plan;
• Connect with local business services teams or other organizations representing businesses (e.g. Chambers of Commerce, economic development entities, etc.); or
• Connect directly with local employers to gauge current and future labor market needs for the selected occupation.⁹

The Career Planner must document the labor market information used to conduct this analysis in the participant's file.¹⁰

Career Planners may approve training for limited demand occupations if there is evidence, based on local employer feedback, that there is a need for such trained worker in the local area.¹¹ At minimum, such evidence must be documented in ASSET case notes and reference the employer(s) contacted to make this determination.

Career Planners may also approve training that leads to self-employment. Training plans leading to self-employment may include entrepreneurial training in conjunction with occupational training, but may not be solely comprised of entrepreneurial training.¹² There also must be evidence that the self-employment will provide wages or earnings at or near (80% or more) the worker's pre-layoff wage.¹³ The Career Planner may connect with similar small businesses or local small business resources (e.g. UW Extension, small business associations, etc.) to determine marketability and earnings potential in the selected occupation or industry. At minimum, the information collected must be documented in ASSET case notes and reference the resource(s) contacted to make this determination.

In the case of a training plan for On-the-Job Training (OJT) this criterion is only satisfied if the OJT is expected to lead to suitable employment with the OJT employer.¹⁴

7.6.2.4 Criterion 4: Training is Reasonably Available

The Career Planner must determine whether training is reasonably available to the TAA participant. To make this determination Career Planners should consider the following:

1. Is there training available for the selected occupation within the participant's normal commuting area? If so, the training program(s) available within the normal commuting area must be given first consideration.
2. If there is no training available within the normal commuting area, is there training available outside of the normal commuting area?
3. Whether located within or outside the normal commuting area, is the training available at a reasonable cost?

Career Planners may also consider the timeliness of training availability in making this determination.¹⁵ For example, if the earliest start date for training within the normal commuting area is six months in the future, but training outside the normal commuting area is available at a reasonable cost and begins within 30 days, the Career Planner may opt to approve the training program outside the commuting area. In cases such as this the Career Planner must consult TAA Central Office to ensure allowability of the training plan. The results of such consultation must be documented in the participant file or in ASSET case notes.

7.6.2.5 Criterion 5: Participant is Qualified to Undertake and Complete Training

The Career Planner must determine, based on the results of assessments completed with the participant,¹⁶ whether the participant is reasonably able to undertake and successfully complete the selected training program.¹⁷ The following must be considered:

1. Do the participant's current knowledge, skills, abilities, educational background, and work experience demonstrate the participant's ability to be successful in the training program? Similar analysis completed for Criterion 2 may be used to make this determination. This determination may be based on the participant's current education level, credentials, work experience, mental/emotional/physical capabilities,¹⁸ career inventory results, etc. as collected through the assessment process. Information from a training institution such as placement tests, physical exams, and/or staff attestations may also be considered. At their discretion the Career Planner may engage the services of the local Job Service Career Counselor to complete additional comprehensive and specialized assessment(s) with the participant to assist with this determination.
2. If the participant will not have UI or TRA payments available for the entire length of their training program, the State must determine whether the participant has adequate financial resources to support themselves and their family while completing the training program. Financial resources to consider include, but are not limited to:
   1. Personal financial resources including, but not limited to, severance pay or wages from part-time employment;
   2. Family financial resources; and
   3. Federal student financial aid, state-funded student financial aid, and/or private scholarships, awards, or grants.¹⁹
   NOTE: This determination requires an analysis of the participant's personal budget, including fixed expenses such as housing rent/mortgage costs, utility payments, child support payments, etc. TAA Central Office strongly recommends the use of the CEPT Budget tool to capture and analyze the participant's expenses vs. income when making this determination.

If the remaining weeks of UI and TRA payments are not sufficient to last the entirety of the training program, and the participant does not have other adequate financial resources available to them, then the training must not be approved.²⁰ In this case, the Career Planner must work with the participant to identify other available training opportunities, including short-term training programs and/or work-based learning opportunities, that would allow for approval based on the available financial resources.

7.6.2.6 Criterion 6: Training is Suitable for Participant and Available at a Reasonable Cost

The Career Planner must also ensure that the selected training program is available at a reasonable cost as compared to similar training programs.²¹ The cost of a training program includes:

• Tuition, books, tools, computers and other electronic devices, internet access, uniforms and other training-related clothing, goggles, work boots, laboratory fees, and other academic fees that are required by the training institution for successful completion of the training program;²⁰
• Allowable transportation and subsistence (food and lodging) costs; and
• Costs of initial licensing and certification tests and fees if applicable.²²

The Career Planner must consider the following in comparing training programs and costs:

1. Are there one or more training programs available within the normal commuting area?
   If there is only one training program available within the normal commuting area for the selected field, then that program must be given first consideration.
   If there are multiple training programs available within the normal commuting area for the selected field, the career planner must work with the participant to evaluate the quality, content, results, timeline and cost of those programs before selecting and approving a program. First consideration must be given to the lowest cost training available within the normal commuting area.
2. If there is no suitable training program available within the normal commuting area, are there reasonable training options outside the normal commuting area?
   When evaluating training programs outside the normal commuting area the cost of transportation assistance and subsistence payments must be factored into the cost comparison analysis. Training may not be approved if the cost of training is unreasonably high as compared with the average costs of training participants in similar programs at other providers.

• ¹ 20 CFR 618.610(a)-(f)
• ² 20 CFR 618.610(a)(2)
• ³ 20 CFR 316.620(b)(1)
• ⁴ 20 CFR 316.620(b)(1)
• ⁵ 85 FR 51904, 51929
• ⁶ 20 CFR 618.610(c)
• ⁷ 20 CFR 618.610(c)(3)
• ⁸ 20 CFR 618.610(c)(2)
• ⁹ 20 CFR 618.610(c)(2)
• ¹⁰ 20 CFR 618.610(c)(4)
• ¹¹ 85 FR 51931
• ¹² 20 CFR 618.610(c)(5)
• ¹³ 20 CFR 618.610(c)(6)
• ¹⁴ 20 CFR 618.610(f)(2)(ii)
• ¹⁵ 20 CFR 618.610(e)(2)
• ¹⁶ 20 CFR 618.610(e)
• ¹⁷ NOTE: The Career Planner must not deny training on the basis of disability status; but must work with the participant and any relevant partner agencies/programs to develop an appropriate training plan based on the participant's abilities and provide any reasonable accommodations necessary for the participant to be successful in the training program.
• ¹⁸ 20 CFR 618.61(e)(3)
• ¹⁹ 20 CFR 618.61(e)(5)
• ²⁰ 20 CFR 618.610(f)(2)(A)
• ²¹ 20 CFR 618.610(f)(2)(B)
• ²² 20 CFR 618.610(f)(2)

7.6.3 Limitations on Training Approval

7.6.4 Additional Training Costs - Training Supplies, Fees & Technology

Effective Date: January 1, 2023, Revised February 21, 2024

TAA participants may request the costs of training related expenses be covered by the TAA program. TAA will cover these requests if they are reasonable ¹, related to the training program, and necessary to complete the training program.² Other options should be explored before purchasing equipment or related materials.³ Expenses not listed below may still be allowable. Participants must be in good standing with their courses and completing timely attendance and benchmark forms. If career planners or participants have any questions regarding which expenses or dollar amounts may be covered, they should contact their TRL or the TAA Central Mailbox.

Documentation

All training-related supplies covered by TAA should be listed on the ASSET Financial CEW, in the training contract (either original or amended) and noted in ASSET case notes. DWD-DET requires participants to provide receipts before being reimbursed for any expense and career planners must save the receipts in the case file. Payments for supplies may start as early as 30 days before the training program begins if the training plan has been signed, submitted and approved.

Categories and Maximums

There is no expectation that every participant will receive the maximum amount in each category listed below. Maximum amounts are upper limits and are not to be interpreted as the amount a participant is entitled to.

• General supplies – $75 maximum per semester/trimester/quarter (not to exceed $225 per calendar year). General supplies include but are not limited to notebooks, binders, folders, index cards, printer ink, photocopier cards, paper, printer paper, thumb drives. General supplies should be listed on the ASSET Financial cost estimate worksheet (CEW) under supplies/materials.
• Bookbag/backpack/roller bag or similar. – one-time $75 maximum amount. Bookbag/backpack or similar should be listed on the CEW under supplies/materials
• Related Fees – covered in full (e.g., school parking, graduation fee, laboratory, and other academic fees). All fees on the school invoice go under Tuition & Required Fees; other fees like parking go on ASSET financial CEW under Other Fees. CP must itemize other fees in the Other Fees Comment box.
• Licensing Exams – initial licensing and certification fees where licensing or certification is required for employment are to be covered in full.⁴ The fees go on the ASSET CEW under Other Fees.
• Computer -$1000 maximum without TRL preapproval. The $1000 maximum includes a computer plus any necessary additions such as printer, drawing tablet, camera, or headphones. TAA career planners must approve prior to purchase and determine that costs are reasonable. There is no expectation that the full $1000 will be needed by every participant.
  • Additional justification and approval are required for computer purchases that exceed $1,000.00. The additional justification must be submitted to a TRL for approval prior to the participant's computer purchase. Exceptions are possible with permission of a TRL, for example if someone in a program like design or engineering requires a more advanced computer or if a participant has a documented disability which would require an accommodation.
  • TAA will not cover the cost of warranties for computers or other equipment but will cover reasonable costs of any needed repairs or replacements. Contact your TRL before approving repairs or replacements.
• Internet – Internet costs will be paid during the duration of the training program. Internet costs should be entered on ASSET Financial CEW under Internet Cost. Payments should be prorated based on the training plan start date.
  • Internet payments can be made over breaks in training of less than 30 business days.
  • Bundled internet costs need to be itemized by the provider and only the internet and internet equipment portions may be reimbursed.
  • Monthly internet costs and billing showing payment need to be submitted for invoicing. (The January bill showing the January service with the February statement showing payment for January)
• Books – Only books listed as required on the syllabus will be purchased by TAA. Books go on ASSET Financial CEW under books.
  • TAA will pay for purchasing required books.
  • If an e-book is required for the class curriculum an additional physical copy will not be paid for unless there is a documented accommodation need.
  • TAA will pay for required book rentals.
  • Books not listed on the syllabus as required will not be paid for without a documented accommodation need or written verification of need from the instructor.
• Uniforms, training related clothing/equipment - All uniforms and equipment required by the program will be covered by TAA. Items are considered required if they are listed in the syllabus or in a written communication from the instructor/advisor. Uniforms/equipment go on the ASSET Financial CEW under Supplies/Materials
  • A maximum of three sets of scrubs will be approved.

• ¹ A Cost is reasonable if it would be incurred by a prudent person under similar circumstances. 20 CFR § 200.404
• ² 20 CFR § 618.610(f)(2)(i)
• ³ 20 CFR § 618.610(f)(2)(i)(b)
• ⁴ 20 CFR §618.610(f)(2)(i)

7.6.5 Supplemental Assistance

Effective Date: June 14, 2023

Supplemental assistance consists of two types of payments: subsistence and transportation, that must be provided to participants with approved training programs to cover reasonable subsistence and transportation expenses while the worker attends training outside their commuting area.¹

This section includes the rules for subsistence and transportation as they relate to training. Other benefits also provide subsistence and transportation payments, see Out of Area Job Search and Out of Area Relocation for more information.

Payments

• Participants are not required to provide receipts for meals or mileage.²
• Participants must provide receipts for all purchased transportation expenses.³
• Participants must provide receipts for lodging, see details below.⁴
  • If the school provides lodging and direct bills for it, their invoice counts as the receipt.
• Career planners should make timely payments upon receiving receipts or other requests for payment from the participant. Career planners should encourage participants to submit receipts and payment requests weekly.⁵

Documentation

Documentation requirements are the same for subsistence and transportation payments.

DWD-DET requires the need for subsistence and transportation payments to be documented on the Training Benefits Application and Approval Form (TRA-16679-E).⁶

A Weekly Attendance Form (TRA-858) is required for any week in which supplemental assistance is being requested.

Subsistence and transportation needs may not all be known at the time the Training Benefits Application and Approval Form is completed. If additional subsistence and transportation needs are identified later in the training program, they must be added to the original Training Benefits Application and Approval Form and the change must be initialed and dated.

If subsistence and transportation needs identified after the initial training application cause the training plan to exceed the soft cap, approval is required from central office. An email describing the need for the additional subsistence should be sent to the central office mailbox (DETTAACentral@dwd.wisconsin.gov) for approval. If the request (or any portion of the request) is denied, participants have the right to appeal.

Subsistence

Subsistence payments cover meals, incidental expenses, and lodging.⁷

Requirements

• Subsistence payments must be made when a participant needs to stay outside of their commuting area for training that is part of their approved training plan.⁸
• A participant cannot receive TAA-funded subsistence payments if they are receiving or authorized to receive payments for the same costs from any other source.⁹
  • Career planners should maintain awareness of services and case notes entered by co-enrolled programs.
• A participant must not be given subsistence payments for any day they have an unexcused absence from their training program.¹⁰
  • Absences are defined by the training provider as excused or unexcused.
  • Career planners can assume absences are excused unless otherwise notified.
• A participant can only receive subsistence payments for the same day they receive commuting transportation payment (from TAA Program funds or from any other source):
  • At the beginning of the training that the worker is attending outside the worker's commuting area and
  • At the end of the training for travel back to the worker's commuting area.
    • Therefore, mileage can only be paid for the same day as lodging and meals on the first and last day of travel to training.¹¹
    • If someone is remaining out of area for a period of time and does not have class every day, subsistence is covered for both class and non-class days. For example: subsistence would be provided for weekends even though the participant does not attend class on those days.

Amounts

Subsistence payments are made according to GSA rates. GSA rates include rates specific for lodging, and meals; both are calculated based on destination and time of year. Participants are reimbursed for whichever is less:

• Their actual per diem expenses for subsistence, or
• No more than 50 percent of the prevailing per diem allowance authorized by the GSA.¹²

Meals:

• Meal reimbursements cannot exceed 50 percent of the GSA per diem rate listed for Meals & Incidentals (M&IE).¹³
  • Individual meals cannot be reimbursed for more than 50 percent of the rate for that particular meal.
  • Meal expenses included related tips and taxes.¹⁴
  • State of Wisconsin policy for timeframes for meal reimbursements apply.¹⁵

Lodging:

• Lodging cannot exceed 50 percent of the GSA per diem rate listed for lodging.
• When calculating lodging reimbursement, do not use the check-in date. Include all other days of the hotel stay.
  • Example: Check-in 1/11/23. Check-out 1/12/23. Reimbursement date is 1/12/23.
  • Example: Check-in 1/11/23 and check-out 1/13/23. Reimbursement dates are 1/12 & 1/13/23.
• If a participant claims meals, lodging, and travel on the same day, the combined total cannot exceed the per diem maximum for any given day. The maximum per diem is 50 percent the prevailing per diem allowance for lodging and meals combined, based on destination and time of year.

Incidentals:

• Incidental expenses include fees and tips given to porters, baggage carriers, hotel staff, and staff on ships.¹⁶

Transportation

Transportation payments are a type of supplemental assistance that must be provided to participants with approved training plans to cover reasonable transportation expenses while the worker attends training outside their commuting area.¹⁷

Requirements

• Transportation payments must be made when a participant needs to travel outside of their commuting area for training that is part of their approved training plan.¹⁸
• Transportation payments will be made for travel to training that is greater than 30 miles, roundtrip.¹⁹
• A participant cannot receive TAA-funded transportation payments if they are receiving or authorized to receive payments for the same costs from any other source.

Amounts

Transportation payments are made based on current cost per mile rates set by the Federal Travel Regulation, www.gsa.gov.²⁰

Whether traveling by car, bus, train, or plane, the participant will be reimbursed only the per mile amount. ²¹

• ¹ 20 CFR § 618.640(a)
• ^2-4 2-4 20 CFR § 618.640(g); per email from DOL dated 02/28/2023:In drafting Subpart F, specifically 618.640(g) the Department erroneously included “must provide” instead of the same language from Subpart D. Thankfully, Subpart H provides a definitive statement on travel under the TAA Program at 618.872. The combination of 20 CFR 618.872(a) and (c) means that receipts are required for all lodging and transportation and any individual transaction over $75.00. Receipts for meals are not required since the M&IE rates are used instead. Per Diem Rates | GSA
• ⁵ 20 CFR § 618.640(c)(4)
• ⁶ 20 CFR § 618.640(a)
• ⁷ 20 CFR § 618.640(c)(1)
• ⁸ 20 CFR § 618.640(c)(1)
• ⁹ 20 CFR § 618.640(c)(2)(i)
• ¹⁰ 20 CFR § 618.640(c)(2)(iii)
• ¹¹ 20 CFR § 618.640(e)
• ¹² 20 CFR § 618.640(c)(1) and (3)
• ¹³ 20 CFR § 618.640(c)(1) and (3)
• ¹⁴ 20 CFR 618.872(c), 41 CFR 300-3.1
• ¹⁵ 20 CFR 618.872(c), WI 2021-2023 Compensation Plan, Section F
• ¹⁶ 20 CFR 618.872(c), 41 CFR 300-3.1
• ¹⁷ 20 CFR § 618.640(c)(1)
• ¹⁸ 20 CFR § 618.640(c)(1)
• ¹⁹ 20 CFR § 618.872(b)
• ²⁰ 20 CFR § 618.872(c)
• ²¹ 20 CFR § 618.640(d)(3)

7.9 Reversion 2021 Operating Guidance

Effective date: July 1, 2021, Revised February 21, 2024

Overview

Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA 2015) includes a reversion clause. Effective July 1, 2021 the TAA Program reverted to a modified version of the Trade Adjustment Assistance Reform Act of 2002 (TAARA 2002). This modified version is a hybrid of the statutory requirements in TAARA 2002 and the regulatory guidance in 20 CFR Part 618. This program is referred to as Reversion 2021.

Reversion 2021 applies to workers determined eligible under TAA petitions filed on or after July 1, 2021. These petitions are numbered TA-W 98,000+. Workers receiving, or eligible to receive, services under previously certified petitions will continue to receive the applicable benefits and services provided under the applicable version(s) of the program.

Group Eligibility

Under Reversion 2021 there are limitations on which workers can qualify for TAA services, including:

• Service sector workers are no longer eligible for the TAA program.¹
• Incumbent workers are no longer eligible to receive TAA benefits and services; they must wait until after a qualifying separation from the trade-affected company occurs to access the program.²
• Worker groups qualifying under the eligibility criterion "Shift in Production" are limited to petitions where the shift was to certain, specified nations that are "a party to a free trade agreement with the United States" or "a beneficiary country under the Andean Trade Preference Act."³ These nations include:⁴
• Angola
• Antigua and Barbuda
• Aruba
• Australia
• The Bahamas
• Bahrain
• Barbados
• Belize
• Benin
• Botswana
• British Virgin Islands
• Burkina Faso
• Cabo Verde
• Canada
• Central African Republic
• Chad
• Chile
• Colombia
• Comoros
• Costa Rica
• Cote d'Ivoire
• Curacao
• Democratic Republic of the Congo
• Djibouti
• Dominica
• Dominican Republic
• El Salvador
• Eswatini (Swaziland)
• Ethiopia
• Gabon
• The Gambia
• Ghana
• Grenada
• Guatemala
• Guinea
• Guinea-Bissau
• Guyana
• Haiti
• Honduras
• Israel
• Jamaica
• Jordan
• Kenya
• Lesotho
• Liberia
• Madagascar
• Malawi
• Mali
• Mauritius
• Mexico
• Montserrat
• Morocco
• Mozambique
• Namibia
• Nicaragua
• Niger
• Nigeria
• Oman
• Panama
• Peru
• Republic of Congo
• Rwanda
• Saint Lucia
• Saint Vincent and the Grenadines
• Sao Tome and Principe
• Senegal
• Sierra Leone
• Singapore
• South Africa
• South Korea
• St. Kitts and Nevis
• Tanzania
• Togo
• Trinidad and Tobago
• Uganda
• Zambia
• Secondarily affected workers (upstream and downstream) are only eligible if the impacted firm is affected by increased imports from or a shift in production to Canada or Mexico.⁵
• Companies identified in International Trade Commission (ITC) determinations are no longer automatically certified for TAA benefits; they must go through U.S. DOL's standard petition, investigation, and certification process.⁶

Training Waiver Deadlines

TAA Reversion 2021 has stricter timelines for when a TAA participant must be enrolled in training or have a training waiver issued to preserve their eligibility for Basic Trade Readjustment Allowance (TRA) benefits. The participant must be enrolled in training or have a training waiver issued by the later of:

1. The last day of the 8th week after the certification date; or
2. The last day of the 16th week after the participant's most recent qualifying separation date from the trade-affected employment.⁷

These deadlines may be extended by 45 days if extenuating circumstances justify the extension. Extenuating circumstances are those outside the worker's control, including where training programs are abruptly cancelled by the training provider or where the participant suffers injury or illness preventing enrollment or participation in training.⁸ Any request for a 45-day extension of this deadline due to extenuating circumstances must be submitted for TAA Central Office review by emailing DETTAACentral@dwd.wisconsin.gov. TAA Central Office staff will review these requests and respond as soon as possible, but no later than two business days from the date of the request.

To be eligible for Additional TRA, the participant must apply for TAA training within 210 days of the certification date or the most recent qualifying separation, whichever is later.⁹ Form TRA-16679 submitted to UI/TRA will satisfy this application requirement. To assist in calculating the 210-day deadline, a guide has been created.

There is no change to the allowable waiver reasons. Participants may continue to receive waivers for training for health/medical reasons, because training enrollment is not available to the participant within 60 days of the training eligibility determination, and/or because training is not available to the worker from a valid training provider, at a reasonable cost, or no training funds are available. Waivers may not be issued retroactively once deadlines have passed.¹⁰

There is no longer a "good cause" provision allowing for the waiver of deadlines. Equitable tolling still applies to extend benefit deadlines in egregious circumstances.

There are no longer any special rules related to military service.¹²

Trade Readjustment Allowances (TRA)

TRA continues to be available for up to 130 weeks. In order to retain eligibility for TRA benefits, stricter training enrollment and/or waiver deadlines apply (see Training Waiver Deadlines section above). The three tiers of TRA (Basic, Additional, and Completion) remain unchanged and for Completion TRA benchmark requirements still apply.¹³

Under Reversion 2021 Basic TRA is only payable during the 104-week period beginning with the worker's most recent total qualifying separation from the trade-affected employer. This period is fixed regardless of the TAA certification date.¹⁴

Additional TRA includes 65 payable weeks within a 78-week eligibility period. This eligibility period begins with the week following the last week of entitlement to Basic TRA or beginning with the first week of approved TAA training if the training begins after the last week of entitlement to Basic TRA.¹⁵

Completion TRA includes 13 payable weeks within a 20-week eligibility period. This eligibility period begins with the first week in which the training participant files a claim for Completion TRA.¹⁶

The following special rules related to TRA eligibility are eliminated under TAA Reversion 2021:

• Good Cause – 20 CFR 618.730 no longer applies.¹⁷
• Judicial or Administrative Appeal – 20 CFR 618.755(b) no longer applies. The 104-week eligibility period for Basic TRA is no longer extended in cases where judicial or administrative appeal delays the TAA certification.¹⁸
• Justifiable Cause – 20 CFR 618.770 no longer applies. Under TAA Reversion 2021 there is no extension of TRA eligibility for either justifiable cause or good cause.¹⁹
• Military Service – 20 CFR 618.884 and 20 CFR 618.615(d)(4) no longer apply. There are no longer exceptions to TRA eligibility or training duration for members of the armed forces serving periods active duty that preclude participation in TAA-funded training.²⁰

The first week of TRA eligibility is no longer the first week following the TAA certification date. Rather, under Reversion 2021, the first week of TRA eligibility is the week that begins more than 60 days after the date on which the petition was initially filed. Workers who exhaust their UI entitlement before 60 days following the filing of a petition will have to wait up to 60 days from the petition filing date to be eligible to receive TRA.²¹

There is no longer a TRA-specific earnings disregard when calculating TRA benefits for TAA participants who are participating in full-time training while working.²²

TAA participants may no longer opt to file for TRA or UI in a subsequent benefit period. All TRA payments require the exhaustion of all the worker's UI entitlement.²³

DWD's ability to waive overpayments is significantly limited under Reversion 2021. Waiver of overpayments is no longer a requirement; it is now DWD's option whether to pursue the waiver. Additionally, the standard for waiver has changed. Waiver of overpayment may be considered if the repayment "would be contrary to equity and good conscience."²⁴

Training

Reversion 2021 does not allow the provision of services to incumbent workers. Workers may not begin training until they have been totally or partially separated from the trade-affected employer.²⁵

Reversion 2021 requires that work-based training be given preference when developing training plans for TAA participants.²⁶

Training benchmark requirements still apply under Reversion 2021, however, only TAA administrative funds may be used to establish benchmarks and track the participant's progress.²⁷

Participants may be enrolled in full-time or part-time training, and participants enrolled in part-time training remain otherwise eligible for TRA benefits. However, because the TRA-specific earnings disregard is eliminated, participants will likely not qualify for weekly TRA payments if they are working while attending training.²⁸

Reversion 2021 eliminates the Reemployment Trade Adjustment Assistance (RTAA) benefit and replaces is with Alternative Trade Adjustment Assistance (ATAA). For this reason, TAA participants are no longer eligible to combine a training program with a wage subsidy program. This includes On-the-Job training and Apprenticeship programs. See RTAA/ATAA section for additional information.²⁹

Alternative Trade Adjustment Assistance (ATAA) vs. Reemployment Trade Adjustment Assistance (RTAA)

Reversion 2021 eliminates the RTAA program and replaces it with ATAA.³⁰

ATAA group eligibility must be determined separately from eligibility for other TAA benefits and requires a special petition process. U.S. DOL has revised the petition form to include this requirement so all worker groups will be automatically considered for ATAA. In order to qualify for ATAA the following must apply:

1. A significant number (5%, or at least three workers, whichever is less) of the group of workers in the petitioning workers' firm are 50 years of age or older.
2. The group of workers in the petitioning workers' firm possess job skills that are not easily transferrable to other employment.
3. The competitive conditions within the affected workers' industry are adverse.³¹

Participants who choose to receive ATAA will no longer have access to TRA, training benefits, and job search allowances and vice versa. These benefits can no longer be combined in any way.³²

The participant must obtain qualifying reemployment by the last day of the 26th week after the worker's qualifying separation date from the trade-affected employer. This deadline applies regardless of the date of certification. Participants are only eligible for ATAA if they reach age 50 before this 26-week deadline date. Qualifying reemployment is employment that is full-time (32 hours per week or more),³³ not expected to earn more than $50,000 annually in gross wages, and not with the trade-affected employer in the same division/facility as their layoff, or performing the same or similar work in a different division/facility of the trade-affected employer.³⁴

The application for ATAA must be filed within two years of the first day of qualifying reemployment and TAA Central Office will provide a written response within 5 business days of the receipt of the application. Once sufficient evidence is received by TAA Central Office an eligibility decision will be rendered and DWD-UI will be notified to issue an official determination of eligibility to the participant. The eligibility determination date, which establishes the two-year period during which ATAA benefits can be paid, will be the start date of the first qualifying reemployment.³⁵

ATAA recipients still have access to out-of-area relocation assistance, but no other TAA benefits.³⁶

Out-of-Area Job Search Allowances

There are no changes to the administration of this benefit under Reversion 2021. However, if a participant elects to receive ATAA benefits, they are not eligible to receive Out-of Area Job Search Allowances.³⁷

Out-of-Area Relocation Assistance

There are no changes to the administration of this benefit under Reversion 2021.³⁸

Health Coverage Tax Credit (HCTC)

There are no changes to the administration of this benefit under Reversion 2021. This program has ended as of 12/31/21.³⁹

Funding

TAA Reversion 2021 reduces the cap of TAA Training and Other Activities (TaOA) funding from $450M per year to $220M per year. Funds can no longer be recaptured and redistributed (20 CFR 618.950 no longer applies). These funds may not be used to provide Employment and Case Management services (see Employment and Case Management Services section above for additional information).⁴⁰

• ¹ TEGL 24-20, Attachment A, p.5
• ² TEGL 24-20, Attachment A, p.2
• ³ TEGL 24-20, Attachment A, pp.2-3
• ⁴ TEGL 24-20, Attachment C
• ⁵ TEGL 24-20, Attachment A, p.4
• ⁶ TEGL 24-20, Attachment A, p.5
• ⁷ TEGL 24-20, Attachment A, p.6
• ⁸ TEGL 24-20, Attachment A, p.6
• ⁹ TEGL 24-20, Attachment A, p.6
• ¹⁰ TEGL 24-20, Attachment A, p.9
• ¹¹ TEGL 24-20, Attachment A, p.11
• ¹² TEGL 24-20, Attachment A, p.12
• ¹³ TEGL 24-20, Attachment A, p.7
• ¹⁴ TEGL 24-20, Attachment A, p.10
• ¹⁵ TEGL 24-20, Attachment A, p.11
• ¹⁶ TEGL 24-20, Attachment A, p.11
• ¹⁷ TEGL 24-20, Attachment A, p.11
• ¹⁸ TEGL 24-20, Attachment A, p.11
• ¹⁹ TEGL 24-20, Attachment A, p.12
• ²⁰ TEGL 24-20, Attachment A, p.12
• ²¹ TEGL 24-20, Attachment A, p.12
• ²² TEGL 24-20, Attachment A, p.12
• ²³ TEGL 24-20, Attachment A, p.13
• ²⁴ TEGL 24-20, Attachment A, p.14
• ²⁵ TEGL 24-20, Attachment A, p.16
• ²⁶ TEGL 24-20, Attachment A, p.17
• ²⁷ TEGL 24-20, Attachment A, p.16
• ²⁸ TEGL 24-20, Attachment A, pp.16-17
• ²⁹ TEGL 24-20, Attachment A, pp.20-21
• ³⁰ TEGL 24-20, Attachment A, p.20
• ³¹ TEGL 24-20, Attachment A, p.20
• ³² TEGL 24-20, Attachment A, p.21
• ³³ Wisconsin §108.02(15s)
• ³⁴ TEGL 24-20, Attachment A, pp.21-22
• ³⁵ TEGL 24-20, Attachment A, pp.22-23
• ³⁶ TEGL 24-20, Attachment A, p.24
• ³⁷ TEGL 24-20, Attachment A, pp.18,21
• ³⁸ TEGL 24-20, Attachment A, p.18
• ³⁹ TEGL 24-20, Attachment A, p.26
• ⁴⁰ TEGL 24-20, Attachment A, p.27

7.10 Deadlines for Invoicing the TAA Program

Effective date: April 15, 2024

DOL's expenditure reporting requirements for the PIRL make it clear that DOL expects expenditures for a participant to be made during their period of participation in the program, and not after exit.¹ Additionally, career planner time and energy is better spent serving current participants rather than following up on payments with exited participants.

Career planners must make every effort to collect invoices or receipts in a timely manner so that they are paid as soon as possible. Ideally every invoice would be paid within the semester that it is incurred. When that is not possible, the following deadlines for submission of requests for payment and supporting materials such as receipts or attendance forms apply.

Tuition and other billing from Training Providers

Career planners must follow up with tuition providers if they have not received an invoice within 3 months of the start of a semester and must make every effort to obtain a timely invoice. However, TAA will pay late tuition bills to training providers when necessary. Refusing to pay late tuition bills would leave TAA participants liable for them, which is not allowable.²

Training Supplies, Fees, and Technology

Participants should submit receipts for training supplies, fees that are not directly billed by the training provider, and technology when they are incurred. Career planners may accept late receipts only until 14 calendar days after the last day of training (last day in class or testing of the last semester of the training program) and may not reimburse participants for any receipts received after that date.

There are two exceptions:

1. Internet bills for the last month of training. Participants may use the bill for this last month (without waiting an additional month for a bill that shows proof of payment). Participants have up to 30 calendar days following the last day of training to request payment of this last internet bill.
2. Testing fees. Receipts and requests for payment of fees for testing that occurs after the end of classroom training may be submitted up to 14 calendar days after the testing date.

Supplemental Assistance

Participants should submit receipts for supplemental assistance (transportation, meals, lodging) when they are incurred. Career planners may accept late receipts only until the last day of the last semester of training and may not reimburse participants for any receipts received after that date.

The only exception is for supplemental assistance provided to support travel during the last two weeks of the last semester of training, or travel for testing after the end of training. Participants must provide those receipts to the career planner within 14 calendar days after the end of travel.

RTAA

The Career Planner must submit all RTAA-related invoices within 30 calendar days of the date of the last eligible paycheck. Requests for payment received after that time may not be processed or submitted.

Out-of-Area Job Search

Participants must provide all receipts related to out-of-area job search activities to the career planner within 30 calendar days of their return from the job-search trip. Receipts provided after the 30-day deadline will not be accepted.

Out-of-Area Relocation

Participants must provide all receipts related to out-of-area relocation activities to the career planner within 30 calendar days of completing the relocation . Receipts provided after the 30-day deadline will not be accepted. Amounts that were advanced to the participant that are not documented with a receipt will be considered overpayments.

• ¹ WIPS edit checks logical rules, element 1536, row 564, downloaded from Workforce Integrated Performance System (WIPS) | U.S. Department of Labor (dol.gov) on 2/28/24.
• ² 20 CFR § 618.625(c) and (d)