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

Executive Order 13701 of July 17, 2015

Delegation of Certain Authorities and Assignment
of Certain Functions Under the Bipartisan Congressional
Trade Priorities and Accountability Act of 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) section 106(a)(1)(A) and (E) of the Act.

    (c) (i) The functions of the President under
section 102(c)(2) of the Act with respect to
establishing consultative mechanisms are assigned to
the Secretary of State in consultation with the U.S.
Trade Representative, with the advice and assistance of
the Secretary of the Interior, the Secretary of Health
and Human Services, the Administrator of the
Environmental Protection Agency, the Secretary of
Commerce and, as the Secretary of State determines
appropriate, the heads of other executive departments
and agencies.

(ii) The functions of the President under section 105(d)(1) of the Act are
assigned to the U.S. Trade Representative, who shall conduct the
environmental reviews under section 105(d)(1)(A) of the Act through the
interagency Trade Policy Staff Committee, and shall perform the reporting
function under section 105(d)(1)(B) of the Act.

(iii) The functions of the President under section 105(d)(2)(A) of the Act
are assigned to the Secretary of Labor, who, in coordination with the U.S.
Trade Representative, shall conduct the employment impact review under
section 105(d)(2)(A) of the Act through the interagency Trade Policy Staff
Committee, and shall prepare the report under section 105(d)(2) of the Act.
The functions of the President under section 105(d)(2)(B) of the Act are
assigned to the U.S. Trade Representative, who shall perform the reporting
function under that section.

(iv) The functions of the President under section 105(d)(3) of the Act are
assigned to the Secretary of Labor, who, in consultation with the U.S.
Trade Representative and the Secretary of State, shall prepare the report
on labor rights under section 105(d)(3)(A) and (B) of the Act, and to the
U.S. Trade Representative, who shall perform the reporting function under
section 105(d)(3) of the Act.

(v) The functions of the President under section 105(e)(2)(A) through (C)
and (E) of the Act with respect to preparing plans for implementing and
enforcing agreements submitted to the Congress pursuant to section 103(b)
of the Act are assigned to the Director of the Office of Management and
Budget, who shall carry out these functions with the advice and assistance
of the Secretaries of State, the Treasury, Agriculture, Commerce, and
Homeland Security and the U.S. Trade Representative and other executive
departments and agencies as necessary.

Sec. 2. Capacity Building. The U.S. Trade
Representative, with the advice and assistance of
executive departments and agencies participating in
capacity building activities undertaken in accordance
with section 102(c)(1) and (2) of the Act, shall
perform the reporting function under section 102(c)(4)
of the Act.

Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect the
functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or
legislative proposals.

    (b) In exercising authority delegated by or
performing functions assigned in this order, officers
of the United States:

(i) shall ensure that all actions taken by them are consistent with the
President's constitutional authority to (A) conduct the foreign affairs of
the United States, including the commencement, conduct, and termination of
negotiations with foreign countries and international organizations; (B)
withhold information the disclosure of which could impair the foreign
relations, the national security, the deliberative processes of the
Executive, or the performance of the Executive's constitutional duties; (C)
recommend for congressional consideration such measures as the President
may judge necessary or expedient; and (D) supervise the executive branch;
and

(ii) may redelegate authority delegated by this order and may further
assign functions assigned by this order to officers of any other department
or agency within the executive branch to the extent permitted by law, and
such redelegation or further assignment shall be published in the Federal
Register.

    (c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    July 17, 2015.