Delegation of Certain Functions and Authorities Under Section 135 of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as amended by the Iran Nuclear Agreement Review Act of 2015

This memorandum delegates specific presidential authorities under Section 135 of the Atomic Energy Act (as amended by the Iran Nuclear Agreement Review Act of 2015) to the Secretary of State and Secretary of the Treasury. The delegation assigns reporting and assessment responsibilities related to the Iran nuclear agreement review process, with the Secretary of State taking primary responsibility for most provisions and the Secretary of the Treasury handling the money laundering/terrorist finance assessment.

Federal Register Open PDF 80 FR 43909

Key directives

Delegate Section 135(a)(1) to Secretary of State, in consultation with Secretary of Treasury
Delegate Sections 135(d)(1)-(d)(3), (d)(5)(B), and (d)(6) to Secretary of State, in consultation with other relevant agencies
Delegate Section 135(d)(4) report preparation to Secretary of State, except for (d)(4)(H) assessment
Delegate Section 135(d)(4)(H) money laundering/terrorist finance assessment to Secretary of Treasury
Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of authorities takes effect upon issuance

Near term (90d)

Preparation of reports required under Section 135(d)(4) for congressional review period

Long term

Ongoing implementation of Iran nuclear agreement oversight functions

Risks & tensions

Interagency coordination required between State and Treasury may create friction on sensitive financial intelligence assessments
Split responsibility for Section 135(d)(4) report could lead to delays or inconsistencies in final product
Vague 'other relevant agencies' consultation for (d)(1)-(d)(3), (d)(5)(B), (d)(6) leaves room for bureaucratic disputes
Congressional review timeline under INARA created implicit time pressure not specified in this delegation memo