Trade-Related Agencies: FY2023
February 23, 2023
Appropriations, Commerce, Justice, Science,
Keigh E. Hammond
and Related Agencies (CJS)
Senior Research Librarian
This report provides an overview of actions taken by the Administration and Congress to provide
M. Angeles Villarreal
Fiscal Year (FY) 2023 appropriations for the International Trade Administration (ITA), the U.S.
Specialist in International
International Trade Commission (USITC or the Commission), and the Office of the United States
Trade and Finance
Trade Representative (USTR). These three trade-related agencies are funded through the annual
Commerce, Justice, Science, and Related Agencies (CJS) appropriations. This report also reviews
these trade agencies’ programs.
FY2023 Appropriations
The Consolidated Appropriations Act, 2023 (P.L. 117-328), was signed into law on December 29, 2022. The Act provided a
total of $811.4 million in appropriations for the three CJS trade-related agencies. The final amount was $71.4 million (9.6%)
more than the FY2022-enacted level, and $2.8 million less (-0.3%) than the President's request. The final agreement included
the following funding amounts for each of the three agencies:
ITA: $613.0 million in direct appropriations, 9.7% more than the FY2022-enacted amount;
USITC: $122.4 million, 11.3% more than the FY2022-enacted amount;
USTR: a total of $76.0 million, 7.0% more than the FY2022-enacted amount. (Total USTR funding
included direct appropriations and funds to be derived from the Trade Enforcement Trust Fund.)
Summary and Timeline of the FY2023 Budget Process:
The President submitted his FY2023 budget request to Congress on March 28, 2022. For FY2023, the Administration
requested a total of $814.2 million in appropriations for the three CJS trade-related agencies. The request was $74.2 million
(10.0%) more than the FY2022-enacted level and included the following funding amounts for each of the three agencies:
ITA: $630.8 million in direct appropriations, 12.8% more than the FY2022-enacted amount;
USITC: $106.8 million, 2.9% less than the FY2022-enacted amount;
USTR: a total of $76.5 million, 7.8% more than the FY2022-enacted amount.
The House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies reported its CJS proposal on
June 30, 2022 (H.R. 8256). For FY2023, the House Appropriations Committee-reported bill proposed a total of $815.3
million in appropriations for the three CJS trade-related agencies. The request was $75.3 million (10.2%) more than the
FY2022-enacted level and $1.1 million (0.1%) more than the President’s request. The bill included the following for the three
agencies:
ITA: $617.9 million in direct appropriations, 10.5% more than the FY2022-enacted amount and 2.1% less
than the President’s request;
USITC: $122.4 million, 11.3% more than the FY2022-enacted amount and 14.6% more than the
President’s request;
USTR: a total of $75.0 million, 5.6% more than the FY2022-enacted amount and 2.0% less than the
President’s request.
On July 28, 2022, a CSJ bill was introduced in the Senate (S. 4664) and the Senate Committee on Appropriations released
explanatory text on the committee’s website. That bill did not receive a mark-up by the full committee. It proposed $811.9
million for the three CJS trade-related agencies. The proposal was $71.9 million (9.7%) more than the FY2022-enacted level
and $2.2 million less (-0.3%) than the President’s request. The bill included the following for the three agencies:
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Trade Related Agencies: FY2023 CJS Appropriations
ITA: $613.0 million in direct appropriations, 9.7% more than the FY2022-enacted amount and 2.8% less
than the President’s request;
USITC: $122.4 million, 11.3% more than the FY2022-enacted amount and 14.6% more than the
President’s request;
USTR: a total of $76.5 million, 7.8% more than the FY2022-enacted amount and equal to the President’s
request.
Congress passed two continuing resolutions before agreeing on a final omnibus appropriations bill (H.R. 2617), which was
signed into law on December 29, 2022 (P.L. 117-328).
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Trade Related Agencies: FY2023 CJS Appropriations
Contents
Background ..................................................................................................................................... 1
FY2023 Appropriations ................................................................................................................... 1
International Trade Administration (ITA) ........................................................................................ 3
Global Markets .......................................................................................................................... 4
Enforcement and Compliance ................................................................................................... 5
Industry and Analysis ................................................................................................................ 6
U.S. International Trade Commission (USITC) .............................................................................. 7
Office of the U.S. Trade Representative (USTR) ............................................................................ 8
Selected Trade-Related Programs and Activities............................................................................. 9
China Trade Enforcement and Compliance Activities, ITA ...................................................... 9
Survey of International Air Travelers (SIAT), ITA ................................................................. 10
Trade Enforcement Trust Fund (TETF), USTR ...................................................................... 10
Tables
Table 1. Appropriations for CJS Trade-Related Agencies, FY2022-FY2023.................................. 2
Table 2. ITA Appropriations, by Unit, FY2022-FY2023 ................................................................. 4
Table 3. USTR: FY2022-FY2023 Regular Appropriations ............................................................. 9
Table A-1. Budget Authority for ITA, by Unit: FY2013-FY2022 ................................................. 12
Table A-2. Budget Authority for USITC and USTR: FY2013-FY2022 ........................................ 13
Table A-3. Budget Authority for Selected Trade-Related Programs: FY2013-FY2022 ................ 14
Appendixes
Appendix. Budget Authority Tables .............................................................................................. 12
Contacts
Author Information ........................................................................................................................ 15
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Background
The International Trade Administration (ITA), the U.S. International Trade Commission (USITC,
or the Commission), and the Office of the United States Trade Representative (USTR) are the
three trade-related agencies funded through the annual Commerce, Justice, Science, and Related
Agencies (CJS) appropriations.1 This report provides an overview of these agencies’ programs
and compares the FY2023 CJS proposals with the previous fiscal year’s enacted legislation.2 In
this report, appropriations are rounded to the nearest thousand. However, for greater accuracy,
percentage change and annual differences are calculated using whole, not rounded, numbers; this
means that, in some instances, totals may not sum due to rounding and there may be small
differences between the actual percentage change and the percentage change that would be
calculated by using the rounded amounts.
For FY2022, the Consolidated Appropriations Act, 2022 (P.L. 117-103), provided $740.0 million
for the three CJS trade-related agencies, including $559.0 million in direct appropriations for ITA;
$110.0 million for USITC; and a total of $71.0 million for USTR.3 The FY2022 appropriations
amount was $37.0 million (5.3%) more than the previous year’s enacted amount.
In addition to providing funding through regular appropriations, Congress also passed
supplemental funding for USTR in Title IX of the United States-Mexico-Canada Agreement
Implementation Act (USMCA, P.L. 116-113) in December 2019. USMCA implementing
legislation provided a total of $90.0 million for USTR, to remain available until September 30,
2023. The supplemental funds were provided for USTR to monitor compliance with labor and
environmental obligations of the agreement and to enforce USMCA environmental obligations,
including for state-to-state dispute settlement actions. In this report, funding levels are taken from
the regular annual Consolidated Appropriations Acts and do not include supplemental
appropriations provided in USMCA.
See th
e Appendix for enacted budget authority for the trade-related agencies for FY2013-
FY2022.
FY2023 Appropriations
For FY2023, the Administration requested a total of $814.2 million in appropriations for the three
CJS trade-related agencies (
see Table 1). This request was $74.2 million (10.0%) more than the
FY2022-enacted amount. The President’s budget included $630.8 million in direct appropriations
for ITA, $106.8 million for USITC, and a total of $76.5 million for USTR.4
1 For more on the overall CJS appropriations, see CRS Report R47157,
Overview of FY2023 Appropriations for
Commerce, Justice, Science, and Related Agencies (CJS), by Nathan James.
2 The FY2022 funding levels stated in this report reflect the amounts appropriated in the Consolidated Appropriations
Act, 2022. They do not include supplemental appropriations provided in the United States-Mexico-Canada Agreement
implementing legislation (P.L. 116-113).
3 Total USTR funding amounts in this report include both direct appropriations for “salaries and expenses” and funding
to be derived from the Trade Enforcement Trust Fund for certain trade enforcement activities. See the “Trade
Enforcement Trust Fund (TETF), USTR” section in this report.
4 Office of Management and Budget,
Appendix, Budget of the United States Government, Fiscal Year 2023, White
House, Washington, DC, 2023. Total USTR funding amounts in this report include both direct appropriations for
“salaries and expenses” and funding to be derived from the Trade Enforcement Trust Fund for certain trade
enforcement activities. See the “Trade Enforcement Trust Fund (TETF), USTR” section in this report.
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The House Appropriations Committee-reported bill (H.R. 8256) proposed a total of $815.3
million in appropriations for the three CJS trade-related agencies. The request was $75.3 million
(10.2%) more than the FY2022-enacted level and $1.1 million (0.1%) more than the President’s
request. The proposal included $617.9 million in direct appropriations for ITA, $122.4 million for
USITC, and a total of $75.0 million for USTR.
The Senate-introduced bill (S. 4664) proposed $811.9 million for the three CJS trade-related
agencies. The proposal was $71.9 million (9.7%) more than the FY2022-enacted level and $2.2
million less (-0.3%) than the President’s request. The bill included $613.0 million in direct
appropriations for ITA, $122.4 million for USITC, and a total of $76.5 million for USTR.5
The Consolidated Appropriations Act, 2023 (P.L. 117-328), provided a total of $811.4 million in
appropriations for the three CJS trade-related agencies. The final agreement was $71.4 million
(9.6%) more than the FY2022-enacted level and included $613.0 million in direct appropriations
for ITA, $122.4 million for USITC, and a total of $76.0 million for USTR.
Table 1. Appropriations for CJS Trade-Related Agencies, FY2022-FY2023
Millions of Current U.S. Dollars
FY2023
House-
Senate-
CJS Trade-
FY2022
Reported
Introduced Enacted
Related Agencies
Enacted
Request
H.R. 8256
S. 4664
P.L. 117-328
Total
740.0
814.2
815.3
811.9
811.4
International Trade Administration
559.0
630.8
617.9
613.0
613.0
(ITA) (direct appropriation
s)a
U.S. International Trade Commission
110.0
106.8
122.4
122.4
122.4
(USIT
C)b
Office of the U.S. Trade Representative
71.0
76.5
75.0
76.5
76.0
(USTR
)c
Sources: For
FY2022-enacted amounts see P.L. 117-103. For FY2023, see the appendix tables to the President’s
budget, H.R. 8256, S. 4664, and P.L. 117-328.
Notes: Totals may not sum due to rounding.
a. In addition to the direct appropriations listed above, ITA’s budget authority included a portion to be
derived from user fees, which increased ITA’s available funds. For FY2022, ITA’s available funds were $570.0
mil ion, including $11.0 mil ion in user fees. For the FY2023 figures, in addition to the direct appropriations
above, ITA’s available funds include $12.0 mil ion to be derived from user fees. This raises ITA’s available
funds to $625.0 mil ion for FY2023.
b. In this table, USITC’s request represents the President’s budget request. The Commission is also authorized
to submit an independent request directly to Congress (19 U.S.C. §2232). The Commission’s independent
request for FY2023 was $122.4 mil ion.
c. USTR appropriations include direct appropriations for salaries and expenses and funds to be derived from
the Trade Enforcement Trust Fund (TETF) for certain trade enforcement activities. Supplemental funding
provided in USMCA implementing legislation is excluded from USTR totals above.
5 Also see, Senate Committee on Appropriations, press release, “Chairman Leahy Releases Fiscal Year 2023 Senate
Appropriations Bills,” July 28, 2022, https://www.appropriations.senate.gov/news/majority/breaking-chairman-leahy-
releases-fiscal-year-2023-senate-appropriations-bills. The released draft bill and explanatory text were not marked up
by the full committee.
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International Trade Administration (ITA)6
ITA, a bureau within the Department of Commerce, has a mission to improve U.S. prosperity by
strengthening the competitiveness of U.S. industry, promoting trade and investment, and ensuring
compliance with trade laws and agreements. ITA provides export promotion services, works to
enforce and ensure compliance with trade laws and agreements, administers trade remedies such
as antidumping and countervailing duties, and provides analytical support for ongoing trade
negotiations.7
ITA is comprised of three primary units: (1) Global Markets, (2) Enforcement and Compliance,
and (3) Industry and Analysis. ITA also has a fourth organizational unit, the Executive and
Administrative Directorate, which is responsible for providing policy leadership, information
technology support, and administration services for all of ITA
. (Table 2 outlines the FY2023
budget for ITA by unit. For historical budget amounts for ITA units, see t
he Appendix.)
ITA is funded through a combination of direct appropriations and user fees collected for certain
services. For FY2023, the Administration requested $630.8 million in direct appropriations for
ITA, with an additional $12.0 million to be collected in fees, for a total of $642.8 million in
authorized spending. The budget request for ITA’s direct appropriations was $71.8 million
(12.8%) more than the FY2022-enacted direct appropriation.
The House committee-reported bill (H.R. 8256) proposed $617.9 million in direct appropriations
for ITA, with an additional $12.0 million to be collected in fees, for a total of $629.9 million in
authorized spending. The proposal was $58.9 million (10.5%) more than the amount enacted
through FY2022 direct appropriations, and $13.0 million less (-2.1%) than the President’s
request. Among other program-level priorities, the committee also included language regarding a
Ukraine reconstruction plan and directed the Secretary of Commerce and ITA to contribute to
plans for a post-conflict rebuilding of Ukraine, specifically “to help facilitate the expansion of the
U.S. economic footprint in Ukraine and increase direct engagement with Ukrainian businesses.”8
The Senate-introduced bill proposed $613.0 million in direct appropriations for ITA, with an
additional $12.0 million to be collected in fees, for a total of $625.0 million in authorized
spending. The proposal was $54.0 million more (9.7%) than the amount enacted through FY2022
direct appropriations and $17.8 million less (-2.8%) than the President’s budget request.
The Consolidated Appropriations Act, 2023 (P.L. 117-328), provided $613.0 million in direct
appropriations for ITA, with an additional $12.0 million to be collected in fees, for a total of
$625.0 million in authorized spending. The enacted funding is $54.0 million (9.7%) more than the
amount enacted through FY2022 direct appropriations, and $17.8 million less than (-2.8%) the
President’s request.
6 In this report, the budget authority figures for ITA’s subunits have been rounded; however, calculations comparing
ITA’s FY2022 budget and the FY2023 proposals are based on the original figures, as identified in ITA’s FY2022 and
FY2023 congressional budget justifications.
7 For more on ITA, see https://www.trade.gov/.
8 U.S. Congress, House Committee on Appropriations,
Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2023, report accompanying H.R. 8256, 117th Cong. 2nd sess., June 30, 2022, H.Rept. 117-395, pp.
10-11. (Hereafter, H.Rept. 117-395.)
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Trade Related Agencies: FY2023 CJS Appropriations
Table 2. ITA Appropriations, by Unit, FY2022-FY2023
Millions of Current U.S. Dollars
FY2023
FY2022
House-
Senate-
Enacted
Budget
Reported
Introduced P.L. 117-
ITA Unit
Authoritya
Request
H.R. 8256
S. 4664
328
ITA
559.0
630.8
617.9
613.0
613.0
Global Markets
352.1
392.0
391.8
—b
—c
Enforcement and Compliance
111.6
124.6
—d
—b
—b
Industry and Analysis
70.0
86.6
—b
—b
—b
Executive Administration
25.3
27.5
—b
—b
—b
Sources: ITA budget office; ITA’s FY2023 Congressional Budget Justification, p. 11; H.R. 8256; H.Rept. 117-395;
the Senate Committee on Appropriations’ released explanatory text to accompany S. 4664 (July 28, 2022, press
release); and the Explanatory Text accompanying H.R. 2617 (Dec. 20, 2022).
Notes: S
ee Table A-1 for ITA’s historical funding. Totals may not sum due to rounding.
a. FY2022 budget authority provided by ITA budget office, in correspondence with CRS.
b. The bil does not include specific funding amount.
c. The explanatory text for the final agreement did not provide a specific total; however, it included language
that the House Report (H.Rept. 117-395) should be complied with, regarding CJS appropriations.
d. The bil provides “no less than the fiscal year 2022 enacted amount.” According to ITA’s budget office, the
FY2022 budget authority was $116.6 mil ion for Enforcement and Compliance.
Global Markets
ITA’s Global Markets (GM) unit is a combination of the United States and Foreign Commercial
Service (US&FCS) program, which provides export promotion services to U.S. businesses, and
the SelectUSA program, which works to attract foreign investment into the United States.9
Through US&FCS, GM aims to promote U.S. exports by helping U.S. exporters research foreign
markets and identify opportunities abroad. GM’s country and regional experts―in domestic and
overseas offices—advise U.S. companies on market access, local standards, and regulations. The
unit also seeks to help to make business-to-business connections through trade shows, fairs, and
missions. GM is designed to advance U.S. commercial interests by engaging with foreign
governments and U.S. businesses, identifying and resolving market barriers, and leading efforts
that advocate for U.S. firms with foreign governments.
The Administration requested $392.0 million in funding for GM in FY2023. Within this funding,
ITA requested an increase of $26.1 million to increase export promotion activities and boost “the
United States’ ability to counter unfair trade practices and economic coercion by the People’s
Republic of China.” ITA proposed increasing staff in three overseas regions (the Indo-Pacific, the
Western Hemisphere, and the Middle East and Africa). The funding proposal included hiring 28
new Foreign Commercial Service Officers and 28 Locally Employed Staff in overseas offices,
and an increase of 11 international trade staff in GM’s domestic offices.10
9 For more on SelectUSA, see CRS In Focus IF10674,
SelectUSA: U.S. Inbound Investment Promotion, by Shayerah I.
Akhtar.
10 International Trade Administration,
ITA FY2023 Congressional Budget Justification, p. 73.
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Language in the House committee report accompanying H.R. 8256 proposed $391.8 million for
GM and stated that this funding level would support ITA’s efforts to increase U.S. export
competitiveness and improve the United States’ ability to counter China’s unfair trade practices.11
The bill included a new provision providing ITA with the authority to establish a minority
fellowship program to recruit students from diverse backgrounds for a career with the U.S.
Foreign Commercial Service. The committee directed ITA to include an implementation plan for
the fellowship program with its FY2023 spend plan.12 The committee also continued its previous
directives for ITA to fully staff the domestic U.S. Export Assistance Centers and report to the
committee on staffing levels.13
The explanatory text accompanying the Senate-introduced bill did not include a specific overall
funding level for GM. It did include language to support the requested level for ITA to increase
international commercial engagement efforts, including hiring additional staff and establishing
new international offices in regions of strategic importance.14
The Consolidated Appropriations Act, 2023 (P.L. 117-328), did not provide a specific overall
funding level for GM, however language in the joint explanatory text suggests that the House
report language holds the same weight as the final agreement.15 The agreement also provided $1.5
million (an increase of $1.0 million) to support GM’s rural export centers.16 Likewise, the final
agreement also included a new provision to provide up to $3.0 million for a pilot fellowship
program for US&FCS to recruit minority students.17
Enforcement and Compliance
The mission of ITA’s Enforcement and Compliance unit is to enforce U.S. trade laws and ensure
compliance with negotiated international trade agreements. The unit is responsible for enforcing
U.S. antidumping and countervailing duty (AD/CVD) laws, overseeing a variety of programs and
policies regarding the enforcement and administration of U.S. trade remedy laws, assisting U.S.
industry and businesses with unfair trade matters, and administering the Foreign-Trade Zone
program and other U.S. import programs.18
For FY2023, the Administration requested $124.6 million in funding for the Enforcement and
Compliance unit. The request included a $6.8 million increase for AD/CVD enforcement and for
the staffing of a ninth Enforcement Office. ITA cited an increase in the agency’s AD/CVD
investigations and orders. The request also included an additional $5.0 million to hire more
contractors to review tariff exclusion requests from the steel and aluminum tariffs imposed under
11 H.Rept. 117-395, pp. 10-11.
12 H.R. 8256 and H.Rept. 117-395, pp. 10-11.
13 Ibid.
14 Explanatory text accompanying the Senate-introduced CJS bill (released on the Senate Committee on Appropriations
website, July 28, 2022), p. 7-9, https://www.appropriations.senate.gov/download/cjsfy23rpt.
15 “Explanatory Statement Regarding H.R. 2617, Consolidated Appropriations Act 2023,” Congressional Record, daily
edition, vol. 168, (Dec. 20, 2022), page S7898.
16 “Explanatory Statement Regarding H.R. 2617, Consolidated Appropriations Act 2023,” Congressional Record, daily
edition, vol. 168, (Dec. 20, 2022), page S7898.
17 Division B, Title 1 of P.L. 117-328.
18 For background on some of these activities, see CRS In Focus IF10018,
Trade Remedies: Antidumping and
Countervailing Duties, by Christopher A. Casey, and CRS In Focus IF11348,
U.S. Foreign-Trade Zone (FTZ)
Program, by Liana Wong.
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Section 232 of the Trade Expansion Act.19 This additional amount would have raised funding for
ITA’s Section 232 program to $8.0 million in FY2023.20
Language in the House committee report accompanying H.R. 8256 proposed an amount “no less
than the fiscal year 2022 enacted level” ($111.6 million).21 The committee’s recommendation
would also support program increases to continue hiring staff for the ninth AD/CVD enforcement
office.22
The Senate-introduced bill did not include a specific funding level for Enforcement and
Compliance; however, language in the explanatory text accompanying the bill would have
supported specific activities. The proposal included an $8.0 million increase in funding for ITA to
review requests for exclusion from the Section 232 steel and aluminum tariffs, and $1.3 million to
support implementation of the Aluminum Import Monitoring system. The Senate-introduced bill
would have also continued support for the ninth AD/CVD enforcement office.23
The Consolidated Appropriations Act, 2023 (P.L. 117-328), did not provide a specific overall
funding level for the Enforcement and Compliance unit. Language in the Joint Explanatory
Statement directed ITA “to submit a report to the Committees, within 180 days of enactment of
this act, outlining ITA’s efforts to counteract the use of third countries for transshipment by state-
backed industries and producers to evade U.S. AD/CVD laws” and provide congressional
options.24
Industry and Analysis
ITA’s Industry and Analysis unit brings together ITA’s industry, trade, and economic experts to
advance the competitiveness of U.S. industries through the development and execution of
international trade and investment policies, export promotion strategies, and investment
promotion. The unit analyzes economic and international policies to improve market access for
U.S. businesses and designs and implements trade and investment promotion programs. It aims to
serve as the primary liaison between U.S. industries and the federal government on trade and
investment promotion activities. It also administers programs that support small and medium-
sized enterprises, such as the Market Development Cooperator Program.
For FY2023, the Administration requested $86.6 million for Industry and Analysis. This request
included a $10.9 million increase to fulfill new requirements on supply chain resilience across
manufacturing and services industries and a $3.1 million increase to support the Survey of
International Air Travelers Program.25 (For more details, see the
“Survey of International Air
Travelers (SIAT), ITA” section below.)
19 For background on Section 232 and the steel and aluminum tariffs, see CRS In Focus IF10667,
Section 232 of the
Trade Expansion Act of 1962, by Rachel F. Fefer. For follow up, contact Keigh E. Hammond or M. Angeles Villarreal.
20 International Trade Administration,
ITA FY2023 Congressional Budget Justification, p. 49.
21 H.Rept. 117-395, pp. 10-11. Enforcement and Compliance’s 2022 budget authority was confirmed in CRS email
communication with ITA, June 22, 2022.
22 H.Rept. 117-395, pp. 10-11.
23 Explanatory text accompanying the Senate-introduced CJS bill (released on the Senate Committee on Appropriations
website, July 28, 2022), p. 7-9, https://www.appropriations.senate.gov/download/cjsfy23rpt.
24 “Explanatory Statement Regarding H.R. 2617, Consolidated Appropriations Act 2023,”
Congressional Record, daily
edition, vol. 168, (Dec. 20, 2022), page S7898.
25 International Trade Administration,
ITA FY2023 Congressional Budget Justification, pp. 3, 5, 19-27.
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The House-reported bill did not include a specific funding amount for Industry and Analysis;
however, language in the report accompanying the bill would have “support[ed] the requested
increase for ITA to fulfill new requirements on supply chain resilience across manufacturing and
services industries” and on expanding the Survey of International Air Travelers.26
The Senate-introduced bill did not include a specific funding level for Industry and Analysis.
The Consolidated Appropriations Act, 2023 (P.L. 117-328 ), did not provide a specific overall
funding level for Industry and Analysis.
U.S. International Trade Commission (USITC)
USITC is an independent, quasi-judicial agency responsible for conducting trade-related
investigations and providing independent technical advice on U.S. international trade policy to
Congress, the President, and USTR. The Commission (1) investigates and determines whether
imports injure a domestic industry or violate U.S. intellectual property rights; (2) provides
independent tariff, trade, and competitiveness-related analysis to the President, Congress, and
USTR; and (3) maintains the U.S. tariff schedule. USITC also serves as a federal resource for
trade data and other trade policy information. It makes most of its information and analyses
available to the public to promote understanding of competitiveness, international trade issues,
and the role that international trade plays in the U.S. economy.
USITC’s annual budget request to Congress is subject to two types of submission: (1) the
President’s budget request for the Commission, which is included in the President’s annual
budget; and (2) the Commission’s independent budget request. USITC has the authority to submit
its independent budget directly to Congress without revision by the President, pursuant to Section
175 of the Trade Act of 1974.
The President’s FY2023 budget requested $106.8 million in funding for USITC, which was $3.2
million less (-2.9%) than the FY2022-enacted funding. The Commission’s independent budget
submission to Congress requested $122.4 million for FY2023, which was $12.4 million (11.3%)
above the FY2022-enacted funding level and $15.6 million above the President’s FY2023
request. USITC’s independent congressional budget justification outlined an increased volume of
AD/CVD cases; increased updates to the Harmonized Tariff Schedule in recent years, due to
Administration initiatives (such as Section 232 and Section 301 tariffs, as well as other trade
issues); and plans for information technology infrastructure maintenance.27
The House committee-reported bill and the Senate-introduced bill both recommended $122.4
million for USITC, an amount equal to the Commission’s independent budget submission.
The Consolidated Appropriations Act, 2023 (P.L. 117-328), provided $122.4 million for USITC
for FY2023. The funding was $12.4 million (11.3%) more than the FY2022-enacted amount and
$15.6 million (14.6%) more than the President’s request, and was equal to the Commission’s
independent budget submission.
26 H.Rept. 117-395, pp. 10-11.
27 U.S. International Trade Commission,
USITC Congressional Budget Submission Fiscal Year 2023, at
https://www.usitc.gov/documents/fy_2023_congressional_budget_justification.pdf. For information on the tariff
actions, see CRS In Focus IF10667,
Section 232 of the Trade Expansion Act of 1962, by Rachel F. Fefer, (for followup,
contact Keigh E. Hammond or M. Angeles Villarreal.) and CRS In Focus IF11346,
Section 301 of the Trade Act of
1974, by Andres B. Schwarzenberg.
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Office of the U.S. Trade Representative (USTR)
USTR has primary responsibility for developing and coordinating U.S. international trade and
direct investment policies, as the head of the interagency trade policy coordinating process.28 As
part of the Executive Office of the President, USTR is the President’s principal advisor on trade
policy and the President’s chief negotiator for international trade agreements, including
commodity and direct investment negotiations. USTR negotiates directly with foreign
governments to create trade agreements (which may require legislative approval to enter into
effect) and resolve disputes, and it participates in global trade policy organizations such as the
World Trade Organization. It also meets with business groups, policymakers, and public interest
groups on trade policy issues.29
In addition to providing direct appropriations for USTR, Congress can provide USTR
supplementary funding from the congressionally established Trade Enforcement Trust Fund.
USTR may use funding from this trust fund for certain trade enforcement activities, authorized by
the Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125). See the section below,
“Trade Enforcement Trust Fund (TETF), USTR” for more detail.
For FY2023, the Administration requested a total of $76.5 million for USTR, including $61.5
million in direct appropriations for salaries and expenses and $15.0 million to be derived from the
TETF for certain trade enforcement activities (see
Table 3). The total request was $5.5 million
(7.8%) more than the FY2022-enacted funding level.
The House committee-reported bill recommended a total of $75.0 million for USTR, including
$60.0 million in direct appropriations for salaries and expenses and $15.0 million to be derived
from the TETF for certain trade enforcement activities. The recommendation was $4.0 million
(5.6%) more than the previous year’s enacted amount and $1.5 million less (-2.0%) than the
President’s request.
The Senate-introduced bill proposed a total of $76.5 million for USTR, including $61.5 million
for salaries and expenses and $15.0 million to be derived from the TETF for certain trade
enforcement activities. The bill included a condition that $5.0 million of USTR funding would
not be available until USTR has certified to the Committees on Appropriations that it had
established a process for U.S. firms to request product exclusions from the tariffs on certain
imports from China, imposed under Section 301 of Trade Act of 1974.30 The proposed funding for
USTR was $5.5 million (7.8%) more than the FY2022-enacted amount and equal to the
President’s request.
The Consolidated Appropriations Act, 2023 (P.L. 117-328), provided a total of $76.0 million for
USTR, including $61.0 million for salaries and expenses and $15.0 million to be derived from the
28 USTR coordinates U.S. trade policy through the interagency process, as outlined by statute (see 19 U.S.C. 1872).
The interagency draws its membership from key executive trade agencies and the White House. For more on the
interagency process, see CRS In Focus IF11016,
U.S. Trade Policy Functions: Who Does What?, by Shayerah Ilias
Akhtar.
29 USTR, “Mission of the USTR,” at https://ustr.gov/about-us/about-ustr. USTR coordinates the advisory committee
system, as outlined by statute, to ensure private sector input into the trade policy and negotiating objectives (see 19
U.S.C. 2155).
30 For more on the Section 301 tariffs, see CRS In Focus IF11346,
Section 301 of the Trade Act of 1974, by Andres B.
Schwarzenberg, and CRS In Focus IF11582,
Section 301 Tariff Exclusions on U.S. Imports from China, by Andres B.
Schwarzenberg.
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Trade Related Agencies: FY2023 CJS Appropriations
TETF for certain trade enforcement activities. The total is $5.0 million (7.0%) more than the
FY2022-enacted amount, and $500 thousand less (-0.3%) than the President’s request.
The Consolidated Appropriations Act, 2023 (P.L. 117-328) also extended availability of the
remaining, USMCA-related supplemental funding to USTR, for an additional year.31
Table 3. USTR: FY2022-FY2023 Regular Appropriations
Millions of Current U.S. Dollars
FY2022
FY2023
House-
Senate-
Enacted
Reported
Introduced P.L. 117-
Enacted
Request
H.R. 8256
S. 4664
328
USTR
71.0
76.5
75.0
76.5
76.0
Direct appropriation for
56.0
61.5
60.0
61.5
61.0
salaries and expenses
Funding to be derived from
15.0
15.0
15.0
15.0
15.0
TETF for certain trade
enforcement activities
Sources: For FY2022-enacted amounts, see P.L. 117-103. For the FY2023 request, see th
e Appendix tables to
the President’s budget. For congressional proposals, see H.R. 8256, S. 4664, and H.R. 2617 (P.L. 117-328)
Notes: The totals exclude supplemental funding from USMCA. TETF = Trade Enforcement Trust Fund,
authorized by the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. §4405).
Selected Trade-Related Programs and Activities
Over the past decade, Congress has provided funding for specific trade-related programs or
activities within broader agency budgets. The programs described below have been the focus of
recent and ongoing congressional interest: (1) ITA’s China trade enforcement and compliance
activities; (2) the Survey of International Air Travelers (SIAT) within ITA; and (3) the Trade
Enforcement Trust Fund, which funds certain activities of USTR. (Se
e Table A-3 for historical
budget authority for these selected programs.)
China Trade Enforcement and Compliance Activities, ITA
Since 2004, Congress has dedicated some of ITA’s funding to AD/CVD enforcement and
compliance activities with respect to China and other nonmarket economies.32 ITA’s Office of
China Compliance was established by the Consolidated Appropriations Act, 2004 (P.L. 108-199).
Its primary role has been to enforce U.S. AD/CVD laws and to develop and implement other
31 Sec. 540, P.L. 117-328 extended USMCA supplemental funds for USTR. In December 2019, Congress passed Title
IX of USMCA (P.L. 116-113), which provided a total of $90.0 million for USTR, to remain available until September
30, 2023. The supplemental funds were provided for USTR to monitor compliance with labor and environmental
obligations of the agreement and to enforce USMCA environmental obligations, including for state-to-state dispute
settlement actions. In this report, funding levels are taken from the regular annual Consolidated Appropriations Acts
and do not include supplemental appropriations provided in USMCA.
32 For the purposes of trade remedies, the Commerce Department determines “nonmarket economy” countries,
according to 19 U.S.C. §1677(18); “the term ‘nonmarket economy country’ means any foreign country that the
administering authority determines does not operate on market principles of cost or pricing structures, so that sales of
merchandise in such country do not reflect the fair value of the merchandise.”
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policies and programs aimed at countering unfair foreign trade practices in China. ITA’s China
Countervailing Duty Group was established by the Consolidated Appropriations Act, 2010 (P.L.
111-117), to accommodate the workload that resulted from the application of countervailing duty
law to imports from nonmarket economy countries.33
ITA’s FY2023 budget justification requested $16.4 million, within ITA’s budget, for China
AD/CVD enforcement and compliance activities in FY2023, which was equal to the FY2022-
enacted level. The House committee-reported bill and the Senate-introduced bill also
recommended $16.4 million.
The Consolidated Appropriations Act, 2023, provided $16.4 million, within ITA’s budget, for
China AD/CVD enforcement and compliance activities in FY2023.
Survey of International Air Travelers (SIAT), ITA
The Survey of International Air Travelers (SIAT), a program within ITA’s Industry and Analysis
unit, gathers statistics about air passenger travelers in the United States. Federal agencies use
these statistics for a variety of purposes, such as to estimate the contribution of international
travel to the economy, develop public policy on the travel industry, and forecast staffing needs at
consulates and ports of entry.34
For the SIAT program in FY2023, ITA proposed $7.9 million. The proposal included the addition
of one new position. With the proposed increase, ITA aimed to expand coverage of data collection
to “non-traditional, non-urban markets not usually covered by the SIAT, allowing ITA to assist
smaller states and destinations with market intelligence,” and to collect data to inform
Coronavirus Disease 2019 pandemic recovery programs for the travel and tourism industries.35
The House Committee on Appropriations did not provide a specific funding level for SIAT;
however, language in the committee report accompanying H.R. 8256 stated that its
recommendation included “funding for the continued expansion of the Survey of International Air
Travelers.”36
The bill introduced in the Senate did not include a specific funding level for SIAT.
The Consolidated Appropriations Act, 2023, did not include a specific funding level for SIAT.
Trade Enforcement Trust Fund (TETF), USTR
To provide additional funding for trade enforcement activities, Congress established the Trade
Enforcement Trust Fund (TETF) in 2016. In Section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (P.L. 114-125), Congress directed the Secretary of the Treasury to
transfer $15.0 million annually into TETF from the general fund of Treasury and outlined
authorized uses of the funds.37 Under Section 611(d) of this act, funds are available to USTR,
“only as provided by appropriations Acts,” for any of the following: (1) to monitor and enforce
33 U.S. Congress, Conference Committee,
Commerce, Justice, Science, and Related Agencies Appropriations Bill 2010,
conference report accompanying H.R. 2847, 111th Cong. 1st sess., H.Rept. 111-149, June 12, 2009, pp. 10-11.
34 For more on SIAT, see https://www.trade.gov/survey-international-air-travelers-siat.
35
ITA FY2023 Congressional Budget Justification, p. 27.
36 H.Rept. 117-395, pp. 10-11.
37 The total amount in the TETF may not exceed $30.0 million, and thus Treasury may transfer less than $15.0 million
annually, as required by this limitation (19 U.S.C. §4405).
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Trade Related Agencies: FY2023 CJS Appropriations
U.S. free trade agreements and World Trade Organization (WTO) commitments; (2) to support
trade capacity-building assistance to help partner countries meet their free trade agreement
obligations and commitments; and (3) to investigate petitions concerning unfair trade practices
under Section 301 of the Trade Act of 1974. 38 The Trade Facilitation and Trade Enforcement Act
of 2015 also authorizes USTR to transfer funds to select federal agencies for trade enforcement
activities authorized in Section 611(d).
For FY2023, the Administration requested $15.0 million to be derived from the TETF for USTR,
for trade enforcement activities authorized by the Trade Facilitation and Trade Enforcement Act
of 2015. The request was equal to the FY2022-enacted level.
The House committee-reported bill and the Senate-introduced bill also recommended $15.0
million.
The Consolidated Appropriations Act, 2023, provided $15.0 million to be derived from the TETF
for USTR, for trade enforcement activities.
38 19 U.S.C. §4405; Section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125). For more
information on Section 301, see CRS In Focus IF11346,
Section 301 of the Trade Act of 1974, by Andres B.
Schwarzenberg.
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Appendix. Budget Authority Tables
Table A-1. Budget Authority for ITA, by Unit: FY2013-FY2022
Millions of Current U.S. Dollars
FY2013
FY2014
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
ITA (total)
438.5
460.6
462.0
483.0
483.0
482.0
484.0
510.3
530.0
559.0
Global Markets
—
312.0
311.8
324.4
319.2
319.2
320.0
333.0
340.8
352.1
Enforcement and
—
70.6
71.6
79.0
85.5
87.5
88.5
91.8
99.2
111.6
Compliance
Industry and Analysis
—
54.9
55.5
56.3
55.4
52.3
52.6
62.5
66.0
70.0
Executive and
23.7
23.1
23.1
23.3
22.9
22.9
22.9
23.0
24.0
25.3
Administration
Manufacturing and
42.3
—
—
—
—
—
—
—
—
—
Services
Market Access and
39.9
—
—
—
—
—
—
—
—
—
Compliance
Import Administration
70.9
—
—
—
—
—
—
—
—
—
Trade Promotion and
261.7
—
—
—
—
—
—
—
—
—
the U.S. & Foreign
Commercial Service
Sources: Budget office, International Trade Administration (ITA), U.S. Department of Commerce.
Notes: Totals may not sum due to rounding.
In October 2013, ITA went through a reorganization in which four units (Manufacturing and Services, Market Access and
Compliance, Import Administration, and the U.S. & Foreign Commercial Service) were restructured into three units: Industry and Analysis, Enforcement and Compliance,
and Global Markets.
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Table A-2. Budget Authority for USITC and USTR: FY2013-FY2022
Millions of Current U.S. Dollars
FY2013
FY2014
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
USITC
78.9
83.0
84.5
88.5
91.5
93.7
95.0
99.4
103.0
110.0
USTR (total)a
47.6
52.6
54.3
54.5
62.0
72.6
68.0
69.0
70.0
71.0
Direct appropriation for
47.6
52.6
54.3
54.5
47.0
57.6
53.0
54.0
55.0
56.0
salaries and expenses
Funds to be derived from
—
—
—
—
15.0
15.0
15.0
15.0
15.0
15.0
TETF for certain trade
enforcement activiti
esb
Sources: FY2013: FY2013 post-sequestration amounts were provided by USITC and USTR.
FY2014: Joint explanatory statement to accompany P.L. 113-76
. FY2015: Joint Explanatory Statement to accompany P.L. 113-235.
FY2016: P.L. 114-113.
FY2017: P.L. 115-31.
FY2018: P.L. 115-141.
FY2019: P.L. 116-6.
FY2020: P.L. 116-93.
FY2021: P.L. 116-260.
FY2022: P.L. 117-103.
Notes: FY2013 appropriations include sequestration.
a. USTR totals exclude supplemental appropriations from USMCA.
b. TETF = the Trade Enforcement Trust Fund, established by the Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114-125). Congress first provided funds
for USTR to be derived from the Trade Enforcement Trust Fund in FY2017.
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Table A-3. Budget Authority for Selected Trade-Related Programs: FY2013-FY2022
Millions of Current U.S. Dollars
FY2013
FY2014
FY2015
FY2016
FY2017
FY2018
FY2019
FY2020
FY2021
FY2022
China antidumping
16.4
16.4
16.4
16.4
16.4
16.4
16.4
16.4
16.4
16.4
and countervailing
duty enforcement and
compliance activities
(ITA)
SIAT
(ITA)a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
4.1
4.8
5.8
USTR funds to be
—
—
—
—
15.0
15.0
15.0
15.0
15.0
15.0
derived from the
Trade Enforcement
Trust Fund
Sources: ITA Budget office and additional sources listed by fiscal year:
FY2013: P.L. 113-6.
FY2014: P.L. 113-76 and the Joint Explanatory Statement.
FY2015: P.L.
113-235 and the Joint Explanatory Statement.
FY2016: P.L. 114-113.
FY2017: P.L. 115-31.
FY2018: P.L. 115-141, the Legislative Text and Explanatory Statement (Book
1), and S.Rept. 115-139.
FY2019: P.L. 116-6 and H.Rept. 116-9, the conference report.
FY2020: P.L. 116-93 and conference report, House Committee Print 38-678.
FY2021: P.L. 116-260.
FY2022: P.L. 117-103.
Notes: n/a = exact funding amounts not provided in appropriation acts or agency budget documents.
a. ITA did not receive budget authority specifically for SIAT until the FY2020 Consolidated Appropriations Act. Note: for FY2021, additionally, ITA used $700k of
unallocated resources from the appropriations act to increase the SIAT funding level (per ITA’s communication with CRS).
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Trade Related Agencies: FY2023 CJS Appropriations
Author Information
Keigh E. Hammond
M. Angeles Villarreal
Senior Research Librarian
Specialist in International Trade and Finance
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Congressional Research Service
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· VERSION 3 · UPDATED
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