Training and Employment Guidance Letter 6-09, Change 2

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington, D.C. 20210	CLASSIFICATION
	CORRESPONDENCE SYMBOL
	DATE

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 6-09, Change 2

TO: STATE WORKFORCE ADMINISTRATORS

STATE LABOR COMMISSIONERS

STATE WORKFORCE AGENCIES

STATE WORKFORCE LIAISONS

ONE-STOP CENTER SYSTEM LEADS

FROM: JANE OATES

Assistant Secretary

SUBJECT: Revised Instructions for Implementing the 2013 Trade Adjustment Assistance Trade Activity Participant Report (TAPR) with Edit Checks

1. Purpose. To transmit instructions for implementing the revised TAPR in accordance with reporting guidelines required by the enactment of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA) (P.L. 112-40) and the Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011(P.L. 112-56). This guidance also updates Training and Employment Guidance Letter (TEGL) No. 6-09, Change 1, issued February 7, 2012, by:

• describing the non-substantive changes that have been approved since its issuance;

• replacing TEGL No. 6-09, Change 1, Attachment A: 2012 Data Preparation and Reporting Handbook, including Appendix: Trade Activity Participant Report, with TEGL No.6-09, Change 2, Attachment A: 2013 Data Preparation and Reporting Handbook and Attachment B: Data Preparation and Reporting Handbook Appendix: Trade Activity Participant Report; and

• making available an updated table of data validation edit checks to correspond with modifications and data element additions to the TAPR, as Attachment C to this TEGL.

2. References.

• Trade Act of 1974 (Trade Act), chapter 2 of title II (19 U.S.C 2271-2323) and chapter 4 of title II (19 U.S.C 2371 et seq.), as amended by TAAEA (P. L. 112-40);

• VOW to Hire Heroes Act of 2011 (P.L. 112-56);

• TEGL No. 17-05, Common Measures Policy for the Employment and Training Administration’s (ETA) Performance Accountability System and Related Performance Issues;

• TEGL No. 10-11, Operating Instructions for Implementing the Amendments to the Trade Act of 1974 Enacted by the Trade Adjustment Assistance Extension Act of 2011 (TAAEA); and

• Workforce Investment Streamlined Performance Reporting (WISPR), Information Collection Request, Office of Management and Budget (OMB) Control No. 1205-0469, 73 FR 34791-34792 (June 18, 2008).

3. Background. On October 21, 2011, President Obama signed the TAAEA into law. The TAAEA reauthorized and made changes to the Trade Adjustment Assistance (TAA) program (chapter 2 of title II of the Trade Act), as explained in TEGL No. 10-11. Specifically, section 216(b) of the TAAEA amended section 249B(b) of the Trade Act to require additional data not already reported on the TAPR:

• the reporting of additional program data on benefits received (the new category of “completion TRA” under section 233(f) of the Trade Act;

• the number of current participants who received TAA benefits under an earlier certification in the last 10 fiscal years; and

• the reporting of program data on training leading to an associates’ degree.

Additionally, the Department of Labor (Department) must comply with new statutory reporting requirements for workers receiving training under section 236 of the Trade Act. Section 271(e) of the Trade Act, as redesignated and amended by section 222(b)(3)(D), (E), and (F) of the TAAEA, requires the Department to report on the percentage of TAA program participants receiving training offered or developed by educational institutions with funds awarded under the Trade Adjustment Assistance Community and Career College Training (TAACCCT) Grant Program (chapter 4 of title II of the Trade Act). The reporting is to include the percentage and number of those workers who did and did not obtain a degree through participation in TAACCCT-funded programs and their average duration of participation in those programs.

Furthermore, activation of data elements on priority of service for veterans in Departmental job training programs (detailed below) is now required under sections 238 and 239 of the VOW to Hire Heroes Act of 2011. Finally, a data element to track veterans who participated in a (TAP) workshop in the three previous years has been added.

4. Changes to the TAPR. The new data elements added to the TAPR and modifications to existing data elements in the TAPR announced through this guidance are listed below. All new data elements and modifications on this list are scheduled for implementation for data files submitted for the quarter ending 12/31/2012 (first quarter of Fiscal Year 2013) on or before the first quarter reporting deadline, February 15, 2013.

New Data Elements:

• TAP Workshop in 3 Prior Years (TAPR Element #308)

• Benefit Under Certification Issued Within Last 10 Years (TAPR Element #955)

• Training Leading to an Associate’s Degree (TAPR Element #1236)

• Date Received First Completion TRA Payment (TAPR Element # 1440)

• Weeks Paid This Quarter – Completion TRA (TAPR Element # 1441)

• Total Weeks Paid Cumulative – Completion TRA (TAPR Element # 1442)

• Amount Paid Current Quarter – TRA Completion (TAPR Element # 1443)

• Total Amount Paid – Completion TRA (TAPR Element # 1444)

Modifications to the TAPR:

• Activation of TAPR Element #s 306 and 307 that were previously coded as “Leave blank pending further instructions from ETA”; these data elements include Covered Person Entry Date and Date 45 Days Following Covered Person Entry Date;

• Modification of Special ETA Project ID data element to collect data on TAA participants enrolled in training offered or developed by educational institutions with TAACCCT grant funds (TAPR Element # 912);

• Sections in the TAPR Handbook Appendix re-numbered (TAPR Elements # 1435 through # 1439 renumbered as # 1410 through # 1416; and Elements # 1441 through # 1451 renumbered as #1452 through # 1479 ) and re-sequenced (TAPR Elements # 1508 through #1512) to correspond with the WISPR reporting system; and

• Titles used in TAPR Handbook aligned with TAPR Appendix.

Updated List of Edit Checks:

• Has been updated to correspond with data element additions and modifications per the TAPR appendix and includes a new notation to designate edit checks as current (C), new (N) or moved (M).

5. Action Requested. Cooperating State Agencies (CSAs) are required to:

• discontinue following the reporting instructions provided in the TEGL No. 6-09, Change 1, Attachment A: 2012 TAPR Handbook, including Appendix: Trade Activity Participant Report, and instead follow the instructions in TEGL No. 6-09, Change 2, Attachments A and B: 2013 TAPR Handbook, including Appendix: Trade Activity Participant Report; and

• transmit Attachment C: TAPR Edit Checks to state program and reporting staff responsible for collecting and submitting quarterly TAPR data.

6. Paperwork Reduction Act (PRA) Statement. As previously approved, the annualized public reporting burden for the collection of information for the TAPR is estimated to average 45 hours per state. The additional collection of information described in this TEGL is negligible and therefore does not affect the current burden estimate.

According to the PRA (44 U.S.C. 3501 et seq.), a Federal agency may not conduct or sponsor a collection of information, unless it is approved by OMB under the PRA, and displays a currently valid OMB control number (44 U.S.C. 3507). Also, notwithstanding any other provisions of law, no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number (44 U.S.C. 3512). The currently valid OMB control number for this collection is OMB Control No. 1205-0392.

7. Inquiries. Inquiries related to the implementation of the revised reporting system should be directed to the appropriate regional office.

8. Attachment(s).

• Attachment A: 2013 Data Preparation and Reporting Handbook

• Attachment B: 2013 Data Preparation and Reporting Handbook Appendix: Trade Activity Participant Report.

• Attachment C: TAPR Edit Checks

RESCISSIONS TEGL No. 6-09 Change 1

EXPIRATION DATE Continuing