LegiStorm

Summary:

The Trade Adjustment Assistance for Farmers (TAAF) program provides technical assistance and cash benefits to producers of farm commodities and fishermen who experience adverse economic effects from increased imports. Congress first authorized this program in 2002, and made significant changes to it in the 2009 economic stimulus package (P.L. 111-5). The 2009 revisions were aimed at making it easier for farmers and fishermen to qualify for program benefits, and provided over $200 million in funding through December 2010. Subsequently, P.L. 112-40 (enacted in October 2011) authorized $202.5 million through December 2013, but no new program activity has occurred since December 2010 for lack of appropriated funds. In June 2015, Congress passed H.R. 1295, the Trade Preferences Extension Act of 2015, authorizing TAAF through FY2021, and the President signed the bill into law on June 29, 2015, as P.L. 114-27. Any program activity would still be contingent on the appropriation of funds. The U.S. Department of Agriculture (USDA) is required to follow a two-step process in administering TAAF. First, a group of producers must be certified eligible to apply. Second, a producer in a certified group must meet specified requirements to be approved for benefits. To be certified, a group must show that imports were a significant cause for at least a 15% decline in one of three factors: the price of the commodity, the quantity of the commodity produced, or the production value of the commodity. Once a producer group is certified, an individual producer within that group must meet three requirements to be approved for program benefits. These include technical assistance with a training component, and financial assistance. A producer must show that (1) the commodity was produced in the current year and also in one of the previous three years; (2) the quantity of the commodity produced decreased compared to that in a previous year, or the price received for the commodity decreased compared to a preceding three-year average price; and (3) no benefits were received under any other trade adjustment assistance program. The training component is intended to help the producer become more competitive in producing the same or another commodity. Financial assistance is to be used to develop and implement a business adjustment plan designed to address the impact of import competition. From 2009 to 2011, USDA certified 10 of 30 petitions filed by producers of five commodity groups—shrimp, catfish, asparagus, lobster, and wild blueberries. USDA approved TAAF benefits for about 4,500 individual producers in FY2010, and for about 5,700 producers in FY2011. In a 2012 audit of TAAF, the Government Accountability Office recommended that USDA require spouses who apply for assistance to submit documentation on how they contribute to producing a commodity, take steps to ensure that the program’s financial assistance component is used for intended purposes, and adopt a longer-term approach to evaluate its effectiveness. A 2013 audit by USDA’s Office of Inspector General (OIG) identified several shortcomings in administering the program, including determining eligibility and providing effective oversight. The 2015 reauthorization of TAAF programs follows directly in the wake of the enactment of Trade Promotion Authority (TPA) legislation (P.L. 114-26) that President Obama had requested of Congress to facilitate the conclusion of regional free trade agreements, including the TransPacific Partnership (TPP) with 11 other Pacific-facing nations. Under P.L. 114-27, TAAF is authorized to receive $90 million annually for FY2015 through FY2021, subject to annual appropriations.