The Inflation Reduction Act (IRA) stands at the intersection between tech policy and trade policy. Indeed, almost inevitably the enormous green technology subsidies Congress legislated in the IRA were accompanied by America First–trade restrictions.
to believe in a broad interpretation of such pacts, claiming she “think[s] the word ‘free trade’ was meant to mean reliable friends and partners.” Under her plan, executive powers alone will form the basis of negotiations of IRA pacts with allies, and these pacts will not be submitted to Congress for approval as with traditional FTAs.
Acting on this interpretation, the Office of the U.S. Trade Representative is negotiating “mini-deals” covering crucial minerals for batteries with key allies. It recently such an agreement with Japan and is pushing hard to complete a similar exception to IRA rules with the EU.In contrast with most other nations, a constitutional imprimatur grants the U.S. Congress full power over interstate and foreign commerce. Since the 1970s, the process for ratifying trade agreements has entailed an agreement for Congress to legislate specific instructions to the executive branch, which then negotiates under these instructions.
Congress has become increasingly critical of these executive-exclusive deals. On the IRA, Senate Finance Committee Chairman Ron Wyden and House Ways and Means Trade Subcommittee Chairman Adrian Smith have said that the Biden administration has
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