Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Preferences Extension Act of 2015

This executive order delegates presidential authorities and assigns functions under the Trade Preferences Extension Act of 2015, primarily to the U.S. Trade Representative, with specific exceptions retained by the President and certain functions assigned to USAID and the Secretary of Agriculture. It also assigns reporting on poverty reduction and hunger elimination to the U.S. Trade Representative.

Federal Register Open PDF 81 FR 11089

Key directives

Delegate authorities and functions under title I of the Trade Preferences Extension Act of 2015 to the U.S. Trade Representative, except sections 104(c), 105(a) and (b), and Trade Act of 1974 sections 506A(d)(3)(B) and (d)(4)(C)
Assign functions under section 13(c) of the AGOA Acceleration Act of 2004 to USAID Administrator in collaboration with Secretary of Agriculture
Assign functions under section 110(a) of the Act to USTR in consultation with Secretary of State
Assign reporting function under section 701 of the Act to USTR with advice from other executive departments and agencies
Require publication in Federal Register of any redelegation or further assignment of functions
Condition implementation on availability of appropriations

Who is ordered

Timeline

Immediate

Delegation of authorities to USTR takes effect
Assignment of AGOA Acceleration Act functions to USAID Administrator
Assignment of section 110(a) functions to USTR

Near term (90d)

Federal Register publication of any redelegations by executive branch officers

Long term

Ongoing execution of trade preference authorities by delegated agencies
Periodic reporting on poverty reduction and hunger elimination under section 701 of the Act

Risks & tensions

Coordination tension between USTR and Secretary of State on section 110(a) functions due to 'consultation' requirement
Collaboration requirement between USAID Administrator and Secretary of Agriculture may create interagency friction
Broad presidential constitutional reservations in Section 3(a)(i) preserve significant executive control, potentially limiting delegated autonomy
Appropriations contingency in Section 3(b) may constrain implementation if funding unavailable