Reclaiming Congress’s Constitutional Mandate in Trade Resolution
This concurrent resolution would create a two-part structure to study and implement a transfer of the Office of the United States Trade Representative (USTR) functions from the executive branch to the legislative branch. It establishes a Joint Ad Hoc Committee on Trade Responsibilities tasked with developing a plan to move USTR’s functions, and a Congressional Advisory Board on Trade Responsibilities to provide stakeholder input. The plan would be developed over a set timeline, with a transfer date set for on or before July 1, 2028 (or later, depending on the plan’s timing). The measure also calls for formal cooperation from the USTR and other executive agencies to provide information and support. As a concurrent resolution, it expresses congressional intent and creates study-and-review mechanisms rather than immediate, binding policy changes. If enacted intopractice, the bill would significantly rework how trade policy is made by shifting prominent trade functions toward the legislative branch, increasing congressional control and oversight, and embedding advisory input from diverse stakeholders into the process.
Key Points
- 1Establishment of a Joint Ad Hoc Committee on Trade Responsibilities (14 members: 9 from House committees on Ways and Means or Energy and Commerce; 5 from the Senate Finance Committee) to develop a plan to transfer USTR functions to the legislative branch under the Constitution’s Article I, Section 8.
- 2Specific duties of the Committee include drafting a transfer plan, consulting with a Congressional Advisory Board on Trade Responsibilities, and setting a transfer deadline (the later of 4 years after the report submission or July 1, 2028).
- 3Creation of a Congressional Advisory Board on Trade Responsibilities (21 members) to advise the Joint Ad Hoc Committee. Membership is distributed among the House and Senate leadership, with slots for individuals from diverse sectors (government, labor, industry, agriculture, small business, service sectors, environmental/consumer groups) and including appoints by USTR.
- 4Authority and operating rules for the Joint Ad Hoc Committee, including subpoena power, staff appointments, and expense provisions for both the House and Senate portions, and the ability to use existing staff where possible.
- 5Reporting and termination provisions: the Joint Ad Hoc Committee must deliver a plan within 16 months of full membership appointment; the Committee then terminates after transferring the functions or after a one-year period following the report (as applicable).