United States Trade Representative USTR

The Trade Expansion Act of 1962 asked the President to name a Special Representative for Trade Negotiations, partly because Congress wanted trade talks led by someone other than the State Department, which it saw as too willing to trade away economic interests for diplomatic goals. President John Kennedy created the post by executive order on January 15, 1963. The Trade Act of 1974 made it a statutory office in the Executive Office of the President, and in 1980 a reorganization plan renamed it the United States Trade Representative and gave it the lead on trade policy across the government.

The Trade Representative is appointed by the President and confirmed by the Senate, holds the rank of ambassador, and usually sits in the cabinet. The office negotiates free trade agreements such as the 2020 United States-Mexico-Canada Agreement, represents the country at the World Trade Organization, and brings and defends trade disputes. Under Section 301 of the Trade Act of 1974, it can investigate foreign practices it finds unfair and recommend tariffs or other retaliation, the authority used for the tariffs on Chinese goods imposed beginning in 2018. It also chairs interagency trade committees and consults closely with Congress.

Congress holds the constitutional power to regulate foreign commerce and set tariffs, but has delegated much of it to the President, and the Trade Representative sits at that boundary. In 2025 the President imposed broad tariffs mainly under emergency powers rather than trade statutes, and the Trade Representative negotiated a series of framework deals with trading partners seeking lower rates, while challengers argued in court that the emergency law did not authorize tariffs, a claim the Supreme Court accepted in February 2026, after which the office opened new Section 301 investigations as an alternative basis for tariffs. Supporters said the tariffs gave negotiators leverage to open markets, while critics said they raised prices and bypassed Congress.