Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Preferences Extension Act of 2015
Signed February 26, 2016·Barack Obama·81 FR 11089
Source
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Plain-language summary
Delegates and assigns most presidential authorities and functions under Title I of the Trade Preferences Extension Act of 2015 to the United States Trade Representative, with certain exceptions. Excludes from delegation the authorities under section 104(c), sections 105(a) and (b) of the Act, and sections 506A(d)(3)(B) and (d)(4)(C) of the Trade Act of 1974 as amended. Assigns functions under section 13(c) of the AGOA Acceleration Act of 2004 to the Administrator of the United States Agency for International Development, working with the Secretary of Agriculture, and assigns functions under section 110(a) of the Act to the Trade Representative in consultation with the Secretary of State. Directs the Trade Representative, with assistance from other agencies working on international poverty and hunger programs, to carry out a reporting function under section 701 of the Act. Allows officials to further redelegate these authorities within the executive branch, with such redelegations published in the Federal Register, and states the order creates no enforceable legal rights.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trade Preferences Extension Act of 2015 (the “Act”) (Public Law 114-27), and section 301 of title 3, United States Code, I hereby order
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The order, in full
Executive Order 13720 of February 26, 2016
Delegation of Certain Authorities and Assignment
of Certain Functions Under the Trade Preferences
Extension 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 Trade Preferences Extension Act
of 2015 (the “Act”) (Public Law 114-27), 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), (c), and (d) 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 104(c) of the Act;
(ii) sections 105(a) and (b) of the Act; and
(iii) sections 506A(d)(3)(B) and (d)(4)(C) of the Trade Act of 1974 (as
amended by the Act).
(c) The functions of the President under section
13(c) of the AGOA Acceleration Act of 2004, as added by
section 109 of the Act, are assigned to the
Administrator of the United States Agency for
International Development, in collaboration with the
Secretary of Agriculture.
(d) The functions of the President under section
110(a) of the Act are assigned to the U.S. Trade
Representative, in consultation with the Secretary of
State.
Sec. 2. Reducing Poverty and Eliminating Hunger. The
U.S. Trade Representative, with the advice and
assistance of other executive departments and agencies
involved in international programs to reduce poverty
and eliminate hunger, shall perform the reporting
function under section 701 of the Act.
Sec. 3. General Provisions. (a) 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.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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,
February 26, 2016.Reproduced from the Federal Register plain-text record, signed February 26, 2016. Typesetting artifacts are removed; no wording is changed.