Memorandum on Delegation of Certain Authority and Assignment of Certain Functions Under Section 103(a)(1)(A) and Section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015
Issued 2016-01-29 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This presidential memorandum delegates specific trade negotiation authority from President Obama to the United States Trade Representative. The action transfers the power to enter into trade agreements under certain sections of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, a law passed by Congress. This authority had previously been reserved to the President under an earlier executive order from July 2015.
The memorandum affects how the executive branch conducts trade negotiations by allowing the U.S. Trade Representative to formally enter into trade agreements on behalf of the United States. This applies to agreements covered under the specific sections of the 2015 trade law referenced in the document.
This action matters because it determines who has the operational authority to negotiate and finalize trade agreements within the executive branch. By delegating this responsibility to the Trade Representative, the memorandum streamlines the trade negotiation process while keeping it within the framework established by Congress through the 2015 law. The delegation builds upon authorities already assigned to the Trade Representative through the earlier executive order.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Delegation of Certain Authority and Assignment of Certain Functions Under Section 103(a)(1)(A) and Section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015") provides direction to executive branch agencies. The stated purpose: "o you the authority to enter into trade agreements, reserved to the President in Executive Order 13701, under section 103(a)(1)(A) and section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114&n..." 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, 2016 Memorandum on Delegation of Certain Authority and Assignment of Certain Functions Under Section 103(a)(1)(A) and Section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 January 29, 2016 Memorandum for the United States Trade Representative Subject: Delegation of Certain Authority and Assignment of Certain Functions under Section 103(a)(1)(A) and Section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 In addition to the authorities and functions delegated and assigned to you by Executive Order 13701 of July 17, 2015, 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 delegate to you the authority to enter into trade agreements, reserved to the President in Executive Order 13701, under section 103(a)(1)(A) and section 103(b)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26, title I), and assign to you that function. You are authorized and directed to publish this memorandum in the Federal Register B ARACK O<