Executive Order 13908-Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States-Mexico-Canada Agreement Implementation Act
Issued 2020-02-28 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive action, signed by President Donald J. Trump, establishes a new group called the Interagency Committee on Trade in Automotive Goods. This Committee is tasked with providing advice on how the United States-Mexico-Canada Agreement (USMCA) is put into practice, enforced, and potentially changed, specifically concerning automotive goods. It will also review how the agreement operates regarding automotive trade, including its economic effects on the United States economy, workers, and consumers, and the impact of new technology on these rules. Additionally, it directs the Secretaries of the Treasury and Labor, and the Commissioner of U.S. Customs and Border Protection, to issue regulations needed to implement a specific section of the Act related to this trade agreement.
The Committee is composed of high-level government officials, such as the Secretary of Commerce, the Secretary of Labor, and the U.S. Trade Representative. Its work matters because it focuses government attention on a key part of the USMCA trade agreement and directs certain agencies to issue regulations related to automotive trade. The Committee's advice and reviews could influence how automotive trade impacts the U.S. economy, workers, and consumers. While the President has authority to manage the executive branch, the constitutionality of such orders can depend on whether they create advisory bodies or attempt to restructure agencies in ways that conflict with existing laws.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13908 ("Executive Order 13908-Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States-Mexico-Canada Agreement Implementation Act") restructures or establishes federal entities. The stated purpose: "Each executive department, agency, and component represented on the Committee shall ensure that the necessary staff are available to assist in performing the responsibilities of the Committee." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.
The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).
Official Summary
Administration of Donald J. Trump, 2020 Executive Order 13908—Establishment of the Interagency Committee on Trade in Automotive Goods Under Section 202A of the United States-Mexico-Canada Agreement Implementation Act February 28, 2020 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 202A of the United States-Mexico-Canada Agreement Implementation Act (Act) (Public Law 116–113), it is hereby ordered as follows: Section 1 . Establishment of Interagency Committee . The Interagency Committee on Trade in Automotive Goods (Committee) is hereby established to provide advice, as appropriate, on the implementation, enforcement, and modification of provisions of the United States-Mexico-Canada Agreement (Agreement) that relate to automotive goods, including the automotive rules of origin and the alternative staging regime that are part of such rules. The Committee shall also review the operation of the Agreement with respect to trade in automotive goods, including the economic effects of the automotive rules of origin on the United States economy, workers, and consumers, and the impact of new technology on such rules. Sec. 2 . Membership .