Memorandum Within Constitutional Authority

Memorandum on Delegation of Certain Functions and Authorities Under Section 213(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012

Issued 2015-10-18 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This memorandum reassigns responsibility for certain duties under the Iran Threat Reduction and Syria Human Rights Act of 2012. President Obama transferred specific functions from the Secretary of the Treasury to the Secretary of State, who must work in consultation with the Department of Homeland Security, the Federal Reserve Chairman, and other relevant agencies. The action applies to authorities granted under Section 213(b)(1) of that 2012 law.

The memorandum affects how the executive branch implements part of a law Congress passed regarding Iran and Syria. Instead of the Treasury Department handling these particular responsibilities, the State Department now takes the lead while coordinating with other federal agencies. This represents an internal reorganization of which agency manages certain aspects of the law.

This type of action is a standard administrative tool presidents use to direct how executive branch agencies divide up work. The memorandum operates within the framework of existing law passed by Congress and simply clarifies which executive agency carries out specific tasks. It was directed to multiple cabinet members and agency heads who have roles in implementing the underlying legislation.

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Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This presidential memorandum ("Memorandum on Delegation of Certain Functions and Authorities Under Section 213(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012") provides direction to executive branch agencies. The stated purpose: "of 2012 (TRA) to the Secretary of State, in consultation with: the Secretaries of the Treasury and Commerce and the United States Trade Representative; and with the Secretary of Homeland Security, the Chairman of the Board of Governors of the Federal..." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.

Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.

Official Summary

Administration of Barack Obama, 2015 Memorandum on Delegation of Certain Functions and Authorities Under Section 213(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 October 18, 2015 Memorandum for the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, the Secretary of Homeland Security, and the Chairman of the Board of Governors of the Federal Reserve System Subject: Delegation of Certain Functions and Authorities under Section 213(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 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, I hereby order as follows: I hereby delegate the functions and authorities vested in the President by section 213(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA) to the Secretary of State, in consultation with: the Secretaries of the Treasury and Commerce and the United States Trade Representative; and with the Secretary of Homeland Security, the Chairman of the Board of Governors of the Federal Reserve System, and other agencies as appropriate. The delegation of authorities u

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