About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (July 10, 2024)

handle is hein.crs/govepmv0001 and id is 1 raw text is: Congres&onal fesi
infon in I  I   lative d y~

3rch S
since 191

Updated July 10, 2024

Trade Adjustment Assistance for Firms

The Trade Adjustment Assistance for Firms (TAAF)
program helps U.S. firms impacted by import competition
to improve their global competitiveness. TAAF is
administered by the U.S. Department of Commerce's
Economic Development Administration (EDA). On July 1,
2022, TAAF termination provisions took effect, meaning
EDA cannot accept new petitions for TAAF but may
continue to assist firms that submitted a petition prior to the
program's expiration.
Historically, Congress has reauthorized and expanded
Trade Adjustment Assistance (TAA) programs, including
TAAF and a program for workers (see text box), in tandem
with trade liberalization legislation, such as for free trade
agreements (FTAs). Congress has also reauthorized TAA
programs during periods of high U.S. unemployment.
While most of the policy discussions have focused on the
TAA for Workers program, the 118th Congress may
consider whether or not to reauthorize TAAF, or whether to
make policy changes to the TAAF program.
Trade Adjustment Assistance (TAA) for Workers
provides workforce services and other benefits for trade-
affected workers. It is administered by the U.S. Department of
Labor (DOL). Under sunset and termination provisions in the
Trade Adjustment Assistance Reauthorization Act of 2015,
the program began a phaseout on July 1, 2022. Workers who
were receiving benefits prior to the termination may continue
to do so, but new worker groups are ineligible for the
program. TAA for Workers has continued to receive funding
to support legacy participants.
Background
Congress first authorized TAA programs in the Trade
Expansion Act of 1962 (P.L. 87-794), as amended. TAA
programs were introduced to address domestic concerns
about the localized negative impacts of trade liberalization
without using trade protectionist measures such as tariffs,
quotas, or duties. Congress reauthorized and expanded
TAA programs in the Trade Act of 1974 (P.L. 93-618),
which also created fast track trade negotiating
authority-expedited legislative consideration of trade
agreements, now referred to as Trade Promotion Authority
(TPA).
Under the Trade and Globalization Adjustment Assistance
Act of 2009 (TGAAA, part of P.L. 111-5, the American
Recovery and Reinvestment Act), Congress expanded
TAAF through provisions such as (1) the inclusion of
service-sector firms to reflect their increased role in the
U.S. economy, and (2) extended timeframes for evaluating
negative impacts of import competition on firm sales and/or
production.

Congress last reauthorized TAAF and other TAA programs
in the Trade Adjustment Assistance Reauthorization Act of
2015 (TAARA, Title IV, P.L. 114-27), in conjunction with
the latest TPA reauthorization. TPA expired in July 2021,
and, to date, the Biden Administration has not sought
reauthorization.
TAARA included sunset provisions for TAAF, which
ended TGAAA's expanded measures as of July 1, 2021.
TAARA termination provisions took effect on July 1, 2022,
meaning that firms can no longer submit new petitions for
TAAF, but firms that filed a petition by June 30, can
continue to receive assistance.
TAAF Overyiew
EDA provides TAAF funding to 11 regional Trade
Adjustment Assistance Centers (TAACs), which provide
technical assistance to firms in the 50 states, the District of
Columbia, and the Commonwealth of Puerto Rico. EDA
does not directly provide funds to firms. The following
entities may apply to operate a TAAC: (1) universities or
affiliated organizations; (2) states or local governments; or
(3) nonprofit organizations.
Phase 1: Certification. TAACs worked with firms at no
cost to complete and submit their petitions to EDA to be
certified as a trade-impacted firm. Most firms that applied
for TAAF certification have been from the manufacturing
sector. EDA had to certify that firms met three conditions:
* Real or threatened negative employment impacts for a
significant number or proportion of workers;
* Decreases to sales and/or production during a specified
timeframe; and
* Import competition has contributed importantly to the
negative impacts on employment and sales and/or
production.
Phase 2: Recovery Planning. Once EDA certifies a firm,
the firm works with TAAC staff to develop a business
recovery plan (adjustment proposal, or AP) for approval
by EDA. Firms have two years from certification to submit
an AP. TAAF covers 75% of phase 2 costs.
Phase 3: AP Implementation. Once EDA approves a
firm's AP, TAACs and firms jointly select and contract
with consultants to assist with AP implementation. Firms
have up to five years to implement projects, unless EDA
approves an extension. TAAF covers 50%-75% of costs
(up to $75,000) to implement APs, depending on the
proposed project costs. Examples of AP projects include
improvements to marketing/sales, production processes,
financial systems, management, and information systems.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most