Reading Room Document
Delegation to the Secretary of the Interior of the President's Authority under Section 232(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)).
The document discusses the proposal to delegate the President's authority under section 232(b) of the Trade Expansion Act of 1962 to the Secretary of the Interior with respect to crude oil imports. The conclusion reached is that while there is no legal objection to the delegation as a general matter, there are serious questions about whether the particular delegation proposed is justified as a policy matter and consistent with the constitutional responsibilities of the President. The document presents questions for review regarding the justification for the delegation, the potential conflict of interest, the importance of the matter, and the alternative suggestions for handling the delegation. It also suggests incorporating procedural safeguards and consultation with the Attorney General if the delegation is made.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit