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Presidential Memorandum

Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 1998

This memorandum delegates presidential authority under a 1998 defense law to the Secretary of Commerce, allowing that official to prepare and submit reports to Congress regarding changes to export controls on computer technology to Computer Tier 3 countries without needing presidential involvement.

Federal Register Open PDF 82 FR 31239

Impact dates

  1. Reports and justifications to congressional committees on export control changes (ongoing, as triggered by Secretary's actions)

Key directives

  • Delegate to Secretary of Commerce functions and authorities under section 1211 of Public Law 105-85
  • Authorize and direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing

Near term (90d)

—

Long term

  • Ongoing application to future substantially similar legislation

Risks & tensions

  • Delegation reduces presidential visibility over sensitive technology exports to potentially adversarial countries; 'Computer Tier 3' historically included nations like China, raising national security oversight concerns
Presidential Memorandum: Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 1998 · Executive Orders