ExecutiveOrdersEO
MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Delegation of Authority Under Section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015

This memorandum delegates presidential authority under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to the Secretary of State, specifically the power to invoke exceptions related to trade agreement labor standards. The Secretary must inform the U.S. Trade Representative at the earliest possible time when invoking such exceptions and may redelegate this authority to other executive branch officers.

Federal Register Open PDF 81 FR 35579

Key directives

  • Delegate functions under section 106(b)(6)(B) and (C) to Secretary of State
  • Secretary of State must inform USTR at earliest possible time when invoking exception under section 106(b)(6)(B)
  • Secretary may redelegate authority and assign functions to other executive branch officers to extent permitted by law
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect

Near term (90d)

—

Long term

  • Potential use of exception authority in future trade agreement negotiations or enforcement

Risks & tensions

  • Vague timing standard ('earliest possible time') for USTR notification creates compliance ambiguity
  • Redelegation to unspecified officers may diffuse accountability for trade labor standard decisions
Presidential Memorandum: Delegation of Authority Under Section 106 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 · Executive Orders