EO 13701Executive OrderObama · D

Executive Order 13701

Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015

This executive order delegates presidential authorities and assigns functions under the 2015 Trade Promotion Authority (TPA) law to specific officials, primarily the U.S. Trade Representative, while reserving certain authorities to the President. It establishes interagency processes for environmental reviews, employment impact assessments, labor rights reports, and implementation planning for trade agreements.

Impact dates

  1. Federal Register publication of redelegations or further assignments

Key directives

  • Delegate title I authorities to USTR except specified reserved presidential authorities
  • Assign consultative mechanism functions to Secretary of State with multi-agency consultation
  • Assign environmental review functions to USTR through Trade Policy Staff Committee
  • Assign employment impact reviews to Secretary of Labor through Trade Policy Staff Committee
  • Assign labor rights reports to Secretary of Labor with USTR reporting function
  • Assign implementation and enforcement planning to OMB Director with multi-agency advice
  • Assign capacity building reporting to USTR
  • Require Federal Register publication of any redelegations

Who is ordered

Timeline

Immediate

  • Delegation of authorities to USTR and other officials takes effect
  • Interagency consultative mechanisms for trade negotiations established

Near term (90d)

  • Federal Register publication of any redelegations
  • Initial implementation of environmental and labor review processes

Long term

  • Ongoing trade agreement negotiations under delegated authorities
  • Periodic reporting on capacity building, environmental, employment, and labor impacts

Risks & tensions

  • Multiple agencies with overlapping roles in trade reviews may create coordination challenges
  • Preservation of certain authorities to President (section 102(c)(1), 103(a)(1)(A), etc.) creates tension with delegated framework
  • Vague 'as appropriate' language for additional agency heads in consultative mechanisms
  • Subject to appropriations availability may limit implementation
Executive Order 13701: Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 · Executive Orders