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handle is hein.crs/govejrc0001 and id is 1 raw text is: adCongressional Research Service
lnfmrming the legislitive debate since 1914
U.S. Trade Policy Functions: Who Does What?

At the nexus of foreign and domestic policy, U.S. trade
policy comprises a distinct set of issues that shape U.S.
participation in the global economy and relations with
trading partners. U.S. trade policy also affects the overall
U.S. economy and standard of living of Americans, as well
as specific sectors, firms, and workers. U.S. trade policy
involves a range of functions and multiple agencies with
different roles in implementing those functions.
U.S. trade policy historically has focused on supporting
economic growth and jobs through more open and rules-
based trade by negotiating and enforcing reciprocal trade
agreements and other measures, while offering relief to
specific segments of the U.S. economy affected by trade
liberalization and unfair foreign trade practices. U.S.
trade policy also has aimed to promote trade and
investment, while regulating these flows for national
security, health, safety, and other reasons. Additional aims
have included support for economic development in
developing countries and expansion of U.S. influence
abroad. With ongoing policy debate about the benefits and
costs of trade liberalization, and a rise in trade
protectionism amid global developments, such as the
Coronavirus Disease 2019 (COVID-19) pandemic,
Members of Congress may deliberate on the future
direction of U.S. trade policy and its components. (See CRS
Report R45148, U.S. Trade Policy Primer: Frequently
Asked Questions.)
The Constitution gives Congress primacy over trade policy,
specifically the power to levy tariffs and regulate foreign
commerce. By contrast, the President lacks specific
authority over trade, but has power over foreign affairs. The
executive branch's role in trade stems from the President's
power to negotiate treaties with other nations, and
legislative grants of authority to adjust tariff rates and
implement trade policy. Congress and the President have
delegated many trade functions to the Office of the U.S.
Trade Representative (USTR) and other executive branch
departments and agencies. USTR-led interagency and
advisory systems support their trade functions.
Key Federal Trade Agencies
Key trade agencies and functions are highlighted below.
Program status may vary, e.g., due to authorization status.
Office of the U.S. Trade Representative (USTR)
USTR, a Cabinet-level official in the Executive Office of the
President, is the President's principal advisor on trade policy,
chief U.S. trade negotiator, and head of the interagency trade
policy coordinating process. USTR administers U.S. law to
combat unfair foreign trade practices (e.g., Section 301),
and trade preference programs for developing countries. In
creating and elevating USTR, Congress aimed to balance
competing interests between U.S. domestic and foreign policy,
among the trade-related agencies, and domestic stakeholders.

Updated December 7, 2022

Congress also aimed to address concerns that trade interests
were being overlooked under the State Department's
historical lead. Milestones in USTR's evolution include the:
 Trade Expansion Act of 1962. Created an ambassador-level
Special Representative for Trade Negotiations (precursor to
USTR) to lead the new interagency system to coordinate
trade policy, which the act also created.
 Trade Act of 1974. Designated the Special Representative as
the chief U.S. trade negotiator, lead of the trade agreements
program, and head of the new private sector advisory
committee system, which the act also created. Elevated
position to cabinet rank and placed it in the White House.
 Trade Agreements Act of 1979. Required the President to
submit a trade reorganization plan, including to boost the
Special Representative's coordination and functional roles.
 Omnibus Trade and Competitiveness Act of 1988. Elevated
USTR to coordinate trade policy, serve as the President's
principal trade advisor and trade spokesperson, and lead
U.S. international trade negotiations. Required USTR to
report to both the President and Congress.
Department of Commerce
Commerce conducts many non-agricultural trade functions.
 The International Trade Administration (ITA), supported by
U.S. and foreign commercial service officers, provides
market research, business connections, and other services
to promote U.S. exports and attract foreign investment. It
also conducts antidumping and countervailing duty (AD/
CVD) investigations to address potential adverse effects on
U.S. industry of unfair foreign trade practices, and
monitors foreign compliance with U.S. trade agreements.
 The Bureau of Industry and Security (BIS) administers
licensing and civil enforcement functions for dual-use
exports. It also investigates whether certain imports harm,
or threaten to harm national security (Section 232).
 The Economic Development Administration (EDA) manages
Trade Adjustment Assistance (TAA) for firms (targets
adjustment to import competition and trade liberalization).
 The Bureau of Economic Analysis (BEA) and Census Bureau
collect, analyze, and disseminate trade data.
The U.S. Department of Agriculture
USDA aims to promote and regulate U.S. agricultural trade,
weighing in on agriculture issues in U.S. trade negotiations.
 The Animal and Plant Health Inspection Service (APHIS)
works to prevent plant and animal pests and diseases from
entering U.S. borders.
 The Food Safety and Inspection Service (FSIS) regulates U.S.
meat, poultry, and egg products, including imports.
 The Foreign Agricultural Service (FAS) administers U.S.
agricultural export financing and assistance, U.S. quotas
against agricultural imports, and TAA for farmers.
4 U.S. Department of Health and Human Services
HHS weighs in on trade policy issues that can affect public
health, such as food products (not regulated by USDA),

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