Office of the U.S. Trade Representative: Overview and Issues for Congress in Brief

The Office of the United States Trade Representative (Office of the USTR) is located in the Executive Office of the President (EOP). It is headed by the U.S. Trade Representative (USTR), an ambassador-level position. The USTR leads U.S. international trade agreement negotiations and other dialogues, with interagency and advisory input. USTR also administers laws to combat certain foreign trade practices and administers trade preference agreements that allow certain imports from qualifying developing countries to enter the United States duty-free. Additionally, the USTR leads interagency coordination of U.S. trade policy in the federal government and administers the advisory committee system for obtaining private and public input on U.S. trade policy. By statute, the USTR has “primary responsibility for developing, and for coordinating the implementation of,” U.S. trade policy; serves as the President’s “principal advisor” and “principal spokesman” on trade; has “lead responsibility” for conducting international trade negotiations; serves as the “chief representative of the United States” for international trade negotiations; and “assures the coordination of international trade policy” (19 U.S.C. §2171). The USTR’s precursors date to the 1960s, with Congress and the executive branch expanding and elevating the USTR’s role in U.S. trade policy over time. In the past decade, key shifts unfolding in U.S. trade policy include a proliferation of executive-led trade initiatives with no formal role for Congress in their approval relative to comprehensive U.S. free trade agreements, increased use by the executive branch of congressionally delegated tariff authorities, and a potentially expanded role of other agencies in trade negotiations relative to the USTR compared with some prior trade negotiations. In the context of major changes to U.S. trade policy, some Members of Congress are debating the USTR’s authorities and role in U.S. trade policy. Some key issues facing Congress are To what extent is the USTR fulfilling its statutory mandates? Is the Office of the USTR’s organizational structure suited to its role? Is the Office of the USTR sufficiently transparent in its decisionmaking process and in trade negotiations? Should the agency have an Inspector General? How effective is the agency’s advisory system, and does the agency appropriately represent stakeholder views?