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Trade Adjustment Assistance for Firms

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Order Code RS20210 Updated March 10, 2005 CRS Report for Congress Received through the CRS WebJanuary 29, 2007 Trade Adjustment Assistance for Firms: Economic, Program, and Policy Issues J. F. Hornbeck Specialist in International Trade and Finance Foreign Affairs, Defense, and Trade Division Summary Although free trade provides benefits to all trading partners, reducing barriers to trade forces firms and industries in all countries to adjust to stiffer global competition. For some, the adjustment process can be difficult and Congress, in recognizing this problem, has authorized programs to assist trade-impacted firms, industries, and workers. This report focuses on the trade adjustment assistance program for firms and industries, , which provides technical assistance to help them develop strategies to remain competitive in the changing international economy. The TAA for firms program was reauthorized through fiscal year 2007FY2007 at an annual funding level of $16 million as part of the Trade Act of 2002 (P.L. 107-210).1 This report will be updated periodically. The Economics of Trade Adjustment Economists tend to agree that in defining the rules of exchange among countries, freer trade is preferable to protectionism. TheInsights from the theory of comparative advantage suggests thatpoint to freer trade leads toproviding mutual gains for countries because through exchange, they can specialize in producingexchange encourages specialization, where countries produce those goods at which they are relatively more efficient, while trading for those at which they are relatively less so. Firm productivity increases through trade by reallocating resources to their more efficient use, while both firms and consumers gain by having a wider variety of goods to choose from at lower prices. It is also true that as countries adopt freer trade policies, often through negotiated trade agreements, economies must adjust to increased competition, creating both “winners and losers.” Some firms and industries will become more efficient and grow as they expand into overseas markets, whereas others will contract, merge, or perhaps even fail when faced with increased competition. While the adjustment process may be healthy from a macroeconomic perspective, much like market-driven adjustments that occur in 1 See also CRS Report 94-478, Trade Adjustment Assistance for Workers: A Fact Sheet, by Paul J. Graney and CRS Report RS21182, Trade Adjustment Assistance for Farmers, by Geoffrey S. Becker. Congressional Research Service ˜ The Library of Congress CRS-2 the absence of trade (e.g. changing technology), it can be a rather harsh reality for many firms and their workers.less so. Trade appears to “enable efficient producers within an industry, and efficient industries within an economy, to expand,” leading to a reallocation of resources that increases a country’s output and productivity.1 Consumers (both firms and households) also gain from a wider variety of goods at lower prices. It is also true that increased competition from trade liberalization creates both “winners and losers,” presenting adjustment problems for all countries. The more 1 On how trade affects total factor productivity based on U.S. manufacturing firm and plant level data, see Bernard, Andrew B. and J. Bradford Jensen. Exporting and Productivity in the USA. Oxford Review of Economic Policy, vol. 20, no. 3. 2004. pp. 343-344, 350, 352, and 356. CRS-2 efficient firms and plants may grow as they expand into overseas markets, the less efficient may contract, merge, or perhaps even fail when faced with greater foreign competition. While the adjustment process may be healthy from a macroeconomic perspective, much like market-driven adjustments that occur in the absence of trade (e.g. changing technology), it can be a rather harsh transition for some firms and their workers.2 Critics of free trade agreements often highlight the adjustment costs of reducing trade barriers. To avoid business closures and layoffs, trade-impacted firms often seek to weaken, if not defeat, trade liberalizing legislation. This makes economic sense from the perspective of affected industries, firms, and workers, but economists argue that in the long run it can be more costly for the country as a whole. The costs of protection arise because competition is suppressed, reducing pressure on firms to innovate, operate more efficiently, and become lower cost producers.2 The brunt of these costs falls to consumers, both individuals and businesses, who must pay higher prices. One way to balance the gains of freer trade that are realized broadly throughout the economy, with the costs that tend to be more concentrated, is to address the needs of firms negatively affected. This can be done , but the national economy is also denied higher standards of living because of forgone productivity gains. One way to balance the broad-based gains from freer trade with the more highly concentrated costs is to address the needs of firms negatively affected. This can be done by legislating trade adjustment assistance (TAA). Supporters justify TAA policy on grounds that: 1) it helps those who are hurt by trade liberalization (the “losers”); 2) the economic costs are lower than protectionism and can be borne by society as a whole (“the winners”); and; 3) given rigidities in the adjustment process, it helps redeploy economic resources more quickly, thereby reducing productivity losses and related public sector costs (e.g. unemployment compensation). Firm and Industry Trade Adjustment Assistance Congress first authorized TAA in Title III of the Trade Expansion Act of 1962 (P.L. 87-794), establishing including a new firm and industry program under assistance program, which is administered by the Economic Development Administration (EDA) of the U.S. Department of Commerce.3 It provides technical assistance to help trade-impacted firms make strategic adjustments necessary to remain competitive in a global economy. Originally, firm TAA also included loans and loan guarantees, but Congress eliminated all direct financial assistance in 1986 because of federal budgetary cutbacks and concern over the program’s high default rates and limited effectiveness. The TAA for firms program was reauthorized through fiscal year 2007 at FY2007 at an annual funding level of $16 million as part of the Trade Act of 2002 (P.L. 107-210). To receive assistance a firm must first be certified as eligible by demonstrating: 1) that: 1) a “significant” loss or threatened loss of employees; 2) a decrease in sales or production; and 3) that increased imports “contributed importantly” to both the layoffs and fall in sales or productionnumber or portion of workers became or are threatened to become totally or partially separated; 2) sales, production, or both decreased absolutely; and 3) increased imports of competing articles “contributed importantly” to the decline in sales, production, and/or workforce. Once certified, the firm has two years to apply for assistance in 2 Both the benefits and costs of trade derive from resources moving from less to more productive plants (intra-industry) and firms (inter-industry). Employment dislocation is the most noticeable cost, giving rise to congressional interest in TAA programs. Ibid., pp. 345 and 356. 3 The TAA for firms program was originally administered jointly by the Tariff Commission (predecessor to the USITC) and the Department of Commerce. CRS-3 assistance in developing and/or implementing its adjustment proposal. Approval depends on EDA’s finding that the adjustment proposal: 1) is likelyreasonably calculated “to materially contribute” to the economic adjustment of the firm; 2) considers the gives adequate consideration to the interests of the firm’s workers; and 3) demonstrates that the firm will use its own resources for adjustment.34 EDA can provide technical assistance to a firm for preparation of the petition for eligibility certification and to a certified eligible firm for developing the economic 2 For cost estimates of protection, see: Hufbauer, Gary Clyde and Kimberly Ann Elliot. Measuring the Costs of Protection in the United States. Washington, D.C., Institute for International Economics, 1994. 3 P.L. 93-618, Sections 251 and 252, as amended. CRS-3 adjustment proposal or implementing the proposal. In practice, this technical assistance is provided through one of the 1211 Trade Adjustment Assistance Centers (TAACs), which operate as non-federal consultants. They provide technical assistance to firms from the initial certification process through implementation of the adjustment proposal.45 TAA appropriations through EDA since 1997since 1998 appear in Table 1. All have been used to support the TAACs. In someprevious years, the TAAC’sTAA funding has also been augmented by Department of Defense appropriations through the Defense Adjustment Assistance Program (DAAP). In addition, for fiscal years 1991-1994 (not shown), grants were made to specific industry representatives and research groups. These included the American Electronics Electronics Association (Europe and Japan offices); the Semiconductor Industry Association; the Motor Equipment Manufacturers Association; the Gear Research Institute; the American Foundrymen’s Society; and the University of Texas. No funds go directly to firms. Table 1. Firm Trade Adjustment Assistance: Appropriations, Fiscal Years 1997-20051998-2006 ($ millions) 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 EDA EDA 8.5 9.5 9.5 10.5 10.5 10.5 10.0 11.9 12.0 DoD 1.611.0 12.8 DoD 1.5 1.5 0.5 0.2 0 0 0 0 Total 10.10 Total 11.0 11.0 11.0 10.7 10.5 10.0 11.9 12.011.0 12.8 Data Source: U.S. Department of Commerce. Economic Development Administration (EDA) and Budget of the United States, Fiscal Year 20062007. Appendix. p. 209. The TAACs are staffed by professionals with broad business expertise who can help firms develop “recovery strategies” and also identify financial resources. They are, in effect, federally supported consultants specializing in business turnarounds. TAACs focus their efforts on certifying eligible firms and devising targeted adjustment strategies, which are usually implemented by private consultants on a contractual basis. EDA is statutorily restricted to cover no more than 75% of adjustment proposal costs (development and implementation), but , but beginning in fiscal year 1996FY1996, EDA reduced this to 50%, capped at $75,000 per firm.5 TAACs for implementation costs in excess of $30,000, capped at $75,000 per firm.6 4 P.L. 93-618, Sections 251 and 252, as amended, and 13 CFR 315.7 5 P.L. 93-618, Section 253, as amended and U.S. Department of Commerce. Economic Development Administration. [http://www.taacenter.org]. 6 13 CFR 315.6 (c)(2) and EDA. CRS-4 TAACs help develop business recovery strategies specific to the needs of each firm, but competing with lower-priced imports typically involves making adjustments in one or more common areas. which typically faces adjustments in many areas to compete with lower-priced imports. First, since firms must be experiencing falling sales or declining production to participate, TAACs often focus on marketing or sales strategies to identify new markets, new products, promotional initiatives, and export opportunities. Second, production inefficiencies are corrected to reduce firm costs and improve price competitiveness. Third, TAACs can develop debt restructuring strategies and frequently act as intermediaries in finding new sources of business financing through either government agencies (U.S. Small Business Administration) or private financial institutions. 4 P.L. 93-618, Section 253, as amended and U.S. Department of Commerce. Economic Development Administration. The Trade Adjustment Assistance Program. May 1999. 5 Ibid., and discussions with EDA staff. CRS-4 Table 2 summarizes the disposition of TAA adjustment proposals, which shows that there has been a indicating a 100% adjustment proposal acceptance rate. This was due, in part, to a preliminary review review process that eliminates incomplete or ineligible applications. Most firms receiving assistance are assisted firms are small to medium-size manufacturing businesses. For the six-year period summarized in table 2, firms had an average $10.74 million in sales and 117111 employees. The mean value of the trade adjustment assistance provided by the TAACs was $49,261 48,407 per firm. Table 2. Disposition of Trade Adjustment Assistance Proposals, Fiscal Years 1999-2004 1999 2000 2001 2002 2003 2004 Average Received 141 147 113 148 161 165 146 Accepted 149 139 118 141 162 177 148 Rejected 0 0 0 0 0 0 0 Pending 1 9 4 10 7 0 5 $9.9 $10.8 $12.8 $11.7 $7.2 $11.6 $10.7 Avg Firm Employees 74 132 240 102 67 89 117 Govt Share (millions) $7.1 $7.1 $5.3 $7.6 $8.1 $8.5 $7.3 Firm Share (millions) $6.8 $6.5 $4.9 $7.1 $7.4 $8.1 $6.8 Total TAA (millions) $13.9 $13.6 $10.2 $14.7 $15.5 $16.6 $14.1 $47,651 $51,079 $44,915 $53,900 $50,000 $48,023 $49,261 Avg Firm Sales Avg TAA Per Firm* * Calculated as government share of TAA Firm program divided by the number of accepted adjustment proposals. Data Source: U.S. Department of Commerce. Economic Development Administration, TAA for Firms Program: Adjustment Proposal Fact Sheet2001-2006 Received Accepted Rejected Pending Avg Firm Sales (millions) Avg Firm Employees Govt Share (millions) Firm Share (millions) Total TAA (millions) Avg TAA Per Firm* 2001 113 118 0 4 $12.8 2002 148 141 0 10 $11.7 2003 161 162 0 7 $7.2 2004 165 177 0 0 $11.6 2005 133 132 1 0 $8.4 2006 Average 137 143 137 145 0 0 0 4 $10.6 $10.4 250 102 68 88 64 91 111 $5.3 $7.6 $8.1 $8.5 $5.9 $6.7 $7.0 $4.9 $7.1 $7.4 $8.1 $5.4 $6.0 $6.5 $10.2 $14.7 $15.5 $16.6 $11.3 $12.7 $13.5 $44,915 $53,900 $50,000 $48,023 $44,697 $48,905 $48,407 Data Source: U.S. Department of Commerce. Economic Development Administration, TAA for Firms Program: Adjustment Proposal Fact Sheet. Received January 3, 2007. * Government share of TAA Firm program divided by the number of accepted adjustment proposals. Historically, program evaluation has been limited, although there is considerable anecdotal evidence indicating that TAA has helped many firms survive that were seriously threatened by imports. The Urban Institute completedconducted the most comprehensive evaluation of the program in 1998. It found the TAA program effective in helping “distressed manufacturing enterprises respond to foreign imports.” Specifically, the study concluded that five years after certification, eligible firms that sought TAA had a higher survival rate (84%) than those eligible firms that did not ultimately pursue assistance (70%). This amountsamounted to a termination (firm either merged or failed) rate for assisted firms of about CRS-5 half that of unassisted firms. Also, assisted firms on average added 4.2% more employees CRS-5 and had sales growth of 34% compared to a 5.3% loss of employees and 16% sales growth for eligible firms that had not received assistance.67 This study was careful to include a control group in making comparisons. By including data on those firms that entered the process and became eligible for assistance, but declined to pursue TAA, but declined the assistance, a comparison could be made between two similar groups of firms that took different paths. This is a useful distinction and lends credibility to the study’s overall positive conclusions. Still, given the financial commitment needed to participate, it is likely that many eligible firms that did not pursue TAA may not have had the financial ability to do so. If so, it is likely the control group may include a larger proportion of the most financially distressed firms and even in this group, there was a 70% survival rate after five years. This would suggest that the firm TAA program may help at the margin, but without it, between 70% and 86% of firms would still adjust on their own. Nonetheless, the report does provide some indication that the TAACs may be helping trade-impacted businesses become more competitive.7 their own.8 The Urban Institute report pointed to specific characteristics of the TAA program that were particularly effective including its unbiased diagnostic approach and competitive bidding process for consulting services, its success in targeting viable firms and ensuring they are financially and managerially committed to the adjustment strategy, and its customized, broad-based, and heavily subsidized assistance package. On the other hand, the firm TAA program was criticized for not reaching all trade-impacted firms, being limited and backlogged in responding to eligible firms by funding restrictions, and having a stringent and cumbersome certification process that needed simplifying. Also, TAACs were found to have inconsistent cost and fee structures and were encouraged to leverage other business assistance services.8 Economic and Policy Issues By any measure, firm and industry trade adjustment assistance is a small federal program; it remains, nonetheless, controversial. Critics point to fundamental arguments opposing TAA that have been debated since before the program was initiated in 1962. First, given that competition resulting from trade liberalization is not considered “unfair trade,” why should the federal government be involved? Second, why should federal assistance be necessary for adjustment to trade competition when there is no similar assistance for adjustment to domestic competitive pressures? Third, should not this adjustment simply be accepted as part of a dynamic market economy working to allocate resources more efficiently and in the country’s long-term interests? 69 A Government Accountability Office (GAO) report points to similar problems in its own evaluation of the TAA for firms program. It highlights the inability of EDA to monitor and evaluate the performance of either firms assisted (after leaving the program) or the TAACs themselves. GAO also cites the small federal funding levels as reason for a backlog of unfunded projects and the small portion that federal assistance constitutes of the total firm adjustment project costs.10 7 U.S. Department of Commerce. Economic Development Administration. Effective Aid to Trade-Impacted Manufacturers: An Evaluation of the Trade Adjustment Assistance Program. Prepared by the Urban Institute, Washington, D.C., November 1998. pp. i, 8-14. The study, in praising the firm TAA program, expresses a strong philosophical bias for assistance to tradeimpacted firms, even to the point of considering increasing tariffs or other trade limiting remedies. See p. 57. 78 The study also attempts to control for industry, regional, and national economic conditions that can be factors affecting firm recovery or failure. Ibid., pp. 13-17. 8 The Government Accountability Office (GAO) was even more critical of this study, citing the “selection bias” issue, as well as failure to test for other explanatory variables. See U.S. GAO. Trade Adjustment Assistance: Impact of Federal Assistance to Firms Is Unclear. Report GAO-01-12. Washington, DC. December 2000. pp. 19-20. 9 For more details on cost-benefit analysis and program design improvements, see IbidUrban Institute, op. cit., pp. iv-vi, 8-9, and 32-48. CRS-6 10 GAO, op. cit., pp. 13 and 18. CRS-6 Economic and Policy Issues By any measure, firm and industry trade adjustment assistance is a small federal program; it remains, nonetheless, controversial. Critics point to fundamental arguments opposing TAA that have been debated since before the program was initiated in 1962. First, given that competition resulting from trade liberalization is not considered “unfair trade,” why should the federal government be involved? Second, why should federal assistance be necessary for adjustment to trade competition when there is no similar assistance for adjustment to domestic competitive pressures? Third, should not this adjustment simply be accepted as part of a dynamic market economy working to allocate resources more efficiently and in a way that is in the country’s long-term interests? Proponents of the program argue that TAA is only modestly funded and provides benefits to firms, owners, managers, and workers that are many times the value of the federal expenditures. Also, if changes in national trade policy have altered the rules under which businesses compete, does not the federal government have some responsibility for assisting firms that bear the costs of adjustment? Finally, a point in favor of firm TAA is that it focuses on adjustment, not long-term financial assistance. Firms must commit their own resources and have every incentive to make adjustment to ensure their very survival. They are not faced with the potential for dependency on long-term cash payments, which critics charge is a problem with some federal assistance programs. In addition to purelythe economic reasoning, political considerations also surround the TAA debate. Historically, Congress has accepted, with some reservations, that freer trade is in the long-term interests of the United States. While those skeptical of trade liberalization may support TAA for the assistance it provides to affected workers and firms, proponents of freer trade may embrace TAA for its political expedience. To the extent that firm and industry TAA can address some of the concerns of adversely affected firms, it may support trade liberalization as a continuing foundation of U.S. trade policy and temper calls for relief through raisingincreased tariffs, quotas, andor other restrictions toon trade. Advocates of trade liberalization may find support for firm TAA as compelling from a cost-benefit perspective if it leads to broader acceptance of trade opening legislation. The 109th The 110th Congress faces the possibility of multiple trade bills being introduced. The debate over approving trade implementing legislation for various free trade agreements, should it be introduced, will likely include the role of trade adjustment assistance. As one of many TAA programs, the firm assistance through the EDA will likely be part of this debate that in the past has focused on how to make trade liberalization work for all segments of the U.S. economy. In the 110th Congress, the TAA debate may take place as part of the larger issue of Trade Promotion Authority (TPA — formerly fast track) renewal.11 As one of many TAA programs, firm assistance through EDA is a part of this debate that in the past has focused on how to make trade liberalization work better for all segments of the U.S. economy. S. 122, The Trade Adjustment Assistance Improvement Act of 2007, was introduced on January 4, 2007. It would amend all TAA programs. Title II addresses the firm TAA program, renaming it the TAA for Industries program, making services firms eligible for assistance, and relocating the program to the U.S. Department of Commerce, International Trade Administration (ITA), where it would be managed in the new Office of Trade Adjustment Assistance. 11 For more on TPA, see CRS Report RL33743, Trade Promotion Authority (TPA): Issues, Options, and Prospects for Renewal, by J. F. Hornbeck and William H. Cooper.