The 1988 amendments expanded potential eligibility coverage of the program to include firms that engage in exploration or drilling for oil or natural gas. Unlike the worker program, this extension applies only prospectively after August 23, 1988.

A certified firm may file an application with the Secretary of Commerce for trade adjustment assistance benefits at any time within 2 years after the date of the certification of eligibility. The application must include a proposal by the firm for its economic adjustment. The Secretary may furnish technical assistance to the firm in preparing its petition for certification and/or in developing a viable economic adjustment proposal.

The Secretary approves the firm's application for assistance only if he determines that its adjustment proposal (a) is reasonably calculated to make a material contribution to the economic adjustment of the firm; (b) gives adequate consideration to the interests of the workers in the firm; and (c) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.

Benefits

Technical assistance may be given to implement the firm's economic adjustment proposal in addition to, or in lieu of, precertification assistance or assistance in developing the proposal. It may be furnished through existing government agencies or through private individuals, firms, and institutions (including private consulting services), or by grants to intermediary organizations, including regional Trade Adjustment Assistance Centers. As amended by the COBRA, the Federal Government may bear the full cost of technical assistance to a firm in preparing its petition for certification. However, the Federal share cannot exceed 75 percent of the cost of assistance furnished through private individuals, firms, or institutions for developing or implementing an economic adjustment proposal. Grants may be made to intermediate organizations to defray up to 100 percent of their administrative expenses in providing technical assistance.

As amended in 1984, the Secretary of Commerce also may provide technical assistance of up to $10 million annually per industry to establish industrywide programs for new product or process development, export development, or other uses consistent with adjustment assistance objectives. The assistance may be furnished through existing agencies, private individuals, firms, universities, and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit organizations of industries in which a substantial number of firms or workers have been certified.

Funding

Funds to cover all costs of the program are subject to annual appropriations to the EDA of the Department of Commerce from general revenues.

IMPORT FEE AND TRUST FUND

Section 1428 of the OCTA required the President to undertake negotiations under the General Agreement on Tariffs and Trade (GATT) and with parties to bilateral free trade areas to allow any country to impose a small uniform fee not to exceed 0.15 percent ad valorem on all imports to such country to fund programs which directly assist adjustment to import competition. The fee would be imposed on all U.S. imports (with certain limited exceptions) at a uniform rate equal to the cost of the worker and firm TAA programs or 0.15 percent ad valorem, whichever is less, 30 days after the President certified to Congress GATT agreement had been reached. The President was required to proclaim an import fee in the absence of GATT agreement if such agreement had not been reached within 2 years (by August 23, 1990), unless the President determined and notified Congress that imposition of the fee was not in the national economic interest, or if such a determination was overridden by Congress by enactment of a joint disapproval resolution passed within 90 days after the end of the 2-year period under expedited procedures.

If the import fee was imposed, the worker and firm TAA programs would be funded from a newly created trust fund financed from quarterly transfers of general revenues equivalent to amounts attributable to the import fee. The amount equivalent to the maximum level of the import fee of 0.15 percent ad valorem would constitute an overall ceiling on total expenditures for the worker and firm TAA programs, as well as a "cap" on the total benefit entitlement for workers. Within that overall "cap", a second "cap" of $120 million would apply to worker training entitlement costs. Funding for the worker TAA program would continue to be an appropriated entitlement; firm TAA would continue to be a discretionary program subject to appropriations.

If an import fee were imposed, the OCTA extended certification eligibility coverage one year thereafter to workers and firms that supply "essential goods or essential services" to firms adversely affected by increased imports.

On August 23, 1990, the President notified the Congress that negotiations in the GATT had not gained the acceptance by any foreign trading parties for an import fee and that unilateral imposition of a fee would not be in the U.S. national economic interest. No resolutions were introduced in the House or Senate to disapprove the President's determination.

Chapter 3: OTHER LAWS REGULATING IMPORTS

Authorities To Restrict Imports of Agricultural and Textile Products

SECTION 204 OF THE AGRICULTURAL ACT of 1956, as ameNDED Section 204 of the Agricultural Act of 1956, as amended,1 authorizes the President to negotiate agreements with foreign governments to limit their exports of agricultural or textile products to the United States. The President is authorized to issue regulations governing the entry of products subject to international agreements concluded under this section. Furthermore, if a multilateral agreement is concluded among countries accounting for a significant part of world trade in the articles concerned, the President may also issue regulations governing entry of those same articles from countries which are not parties to the multilateral agreement.

The authority provided under section 204 has been used to negotiate bilateral agreements restricting the exportation of certain meats to the United States, 2 as well as to implement an agreement with the European Communities (EC) restricting U.S. importation of certain cheeses from the EC.3 Section 204 also provides the legal basis for the GATT Arrangement Regarding International Trade in Textiles, commonly referred to as the Multifiber Arrangement,4 and for U.S. bilateral agreements with 385 textile-exporting nations.

MULTIFIBER ARRANGEMENT (MFA)

The Multifiber Arrangement is a multilateral agreement negoti ated under the auspices of the General Agreement on Tariffs and Trade. The MFA provides a general framework and guiding principles for the negotiation of bilateral agreements between textile importing and exporting countries, or for unilateral action by an importing country if an agreement cannot be reached. In effect since 1974, the MFA was established to deal with problems of market disruption in textile trade, while permitting developing countries to share in expanded export opportunities.

1 Public Law 84-540, ch. 327, approved May 28, 1956, 70 Stat. 200, as amended by Public Law 87-488, approved June 19, 1962, 76 Stat. 104, 7 U.S.C. 1854.

2 Exec. Order No. 11539, June 30, 1970, 35 Fed. Reg. 10733, as amended by Exec. Order No. 12188, Jan. 2, 1980, 45 Fed. Reg. 989. See discussion of Meat Import Act of 1979, infra.

3 Exec. Order No. 11851, April 10, 1975, 40 Fed. Reg. 16645.

4 Arrangement Regarding International Trade in Textiles, T.I.A.S. 7840 (1973) (expires 1991). 5 In force as of March 1, 1991.

Background

The first voluntary agreement to limit exports of cotton textiles to the United States as negotiated with Japan in 1957. Through the 1950's cotton textile imports, especially from Japan, continued to increase and generate pressure for import restraints. In 1956, the Congress passed the Agricultural Act of 1956 which, among other things, provided negotiating authority for agreements restricting imports of textile products. Pursuant to this authority, the United States negotiated a 5-year voluntary restraint agreement on cotton textile exports from Japan, announced in January 1957.

As textile and apparel imports from low-wage developing countries began to rise, pressure mounted for a more comprehensive approach to the import problem. On May 2, 1961, President Kennedy announced a Seven Point Textile Program, one point of which called for an international conference of textile importing and exporting countries to develop an international agreement governing textile trade. On July 17, 1961, a textile conference was convened under the auspices of the GATT. The discussions culminated in the promulgation of the Short-Term Arrangement on Cotton Textile Trade (STA) on July 21, 1961.6 The STA covered the year October 1, 1961, to September 30, 1962, and established a GATT Cotton Textiles Committee to negotiate a long-range cotton textile agreement. From October 1961 through February 1962, the STA signatories met in Geneva and negotiated a Long-Term Arrangement for Cotton Textile Trade (LTA), to last for 5 years beginning October 1, 1962. The LTA provided for negotiation of bilateral agreements between cotton textile importing and exporting countries, and for imposition of quantitative restraints on particular categories of cotton textile products from particular countries when there was evidence of market disruption. In June of 1962, section 204 of the Agricultural Act of 1956 was amended to give the President authority to control imports from countries which did not sign the LTA.8

In the fall of 1965 the LTA was reviewed, and criticism within the U.S. textile industry mounted with respect to the LTA's failure to cover man-made fiber textiles. In 1967, however, the LTA was extended for 3 additional years with no additional fiber coverage. In 1970, the LTA was again extended for 3 more years.

Meanwhile, multifiber agreements limiting imports not only of cotton but also of wool and man-made fiber textiles were negotiated by the Nixon administration on a bilateral basis. On October 15, 1971, bilateral multifiber agreements were announced with Japan, Hong Kong, South Korea, and Taiwan. A multilateral agreement, incorporating the provisions of the bilaterals with Hong Kong, South Korea, and Taiwan, was also signed to allow the United States the authority, under section 204 of the Agricultural Act of 1956 as amended in 1962, to impose quantitative restrictions unilaterally on non-signatory countries.

The following year, in June 1972, efforts to negotiate a multifiber agreement on a broader multilateral basis led to the establishment

T.I.A.S. 4884 (1961) (expired 1962).

7 T.I.A.S. 5240 (1962) (expired 1973).

8 Public Law 87-488, approved June 19, 1962, 76 Stat. 104.