Executive Order 13701-Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015
Issued 2015-07-17 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13701 reorganizes how the federal government handles responsibilities under a 2015 trade law passed by Congress called the Bipartisan Congressional Trade Priorities and Accountability Act. The order transfers most of the President's trade-related duties under that law to the United States Trade Representative, while keeping certain specific authorities with the President. It also assigns particular tasks to other government officials: the Secretary of State handles setting up consultation mechanisms for trade discussions, the Secretary of Labor prepares reports on how trade agreements affect employment and labor rights, and the Director of the Office of Management and Budget develops plans for implementing trade agreements.
This action affects how the executive branch internally manages U.S. trade policy and negotiations. By delegating these responsibilities to the Trade Representative and other cabinet officials, the order establishes a framework for coordinating between different government departments on trade matters, including environmental reviews, labor impact assessments, and implementation planning for trade agreements.
The order matters because it structures how the United States government carries out trade negotiations and evaluates their potential impacts. It determines which officials are responsible for reporting to Congress on trade-related issues and for consulting with other countries on trade policy, creating a clear chain of responsibility within the executive branch for implementing the 2015 trade law.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13701 ("Executive Order 13701-Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015") involves withholding, pausing, or freezing federal funds. This directly implicates the Impoundment Control Act of 1974, which was passed specifically to prevent presidents from refusing to spend money Congress has appropriated. Article I, Section 9 of the Constitution grants Congress the exclusive "power of the purse."
When Congress passes an appropriations bill and the President signs it into law, the executive branch is legally obligated to spend those funds for their designated purpose. Courts have consistently held that policy disagreements do not give the President authority to unilaterally withhold congressionally appropriated money. This type of action frequently prompts litigation and has been struck down by federal courts.
Official Summary
Administration of Barack Obama, 2015 Executive Order 13701—Delegation of Certain Authorities and Assignment of Certain Functions Under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 July 17, 2015 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (the "Act") (Public Law 114–26) and section 301 of title 3, United States Code, I hereby order as follows: Section 1 . Authorities and Functions under the Act . (a) Except as provided in subsections (b) and (c) of this section, the authorities granted to and functions specifically assigned to the President under title I of the Act are delegated and assigned, respectively, to the United States Trade Representative (U.S. Trade Representative). (b) The exercise of the following authorities of, and functions specifically assigned to, the President under, title I of the Act are not delegated or assigned under this order: (i) section 102(c)(1) and (c)(3) of the Act; (ii) section 103(a)(1)(A), (a)(1)(B), (a)(5), (a)(7), (b)(1), and (c)(2) of the Act; (iii) section 105(a)(5) of the Act; and (iv