Delegation of Certain Functions and Authorities Under Section 1238 of the National Defense Authorization Act for Fiscal Year 2018

This memorandum delegates to the Secretary of Defense, in coordination with the Secretary of State, Treasury Secretary, and Director of National Intelligence, the presidential functions and authorities under Section 1238 of the FY2018 NDAA. The delegation also automatically applies to any future laws containing substantially similar provisions.

Federal Register Open PDF 83 FR 5519

Impact dates

Date TBD
Publication of memorandum in Federal Register

Key directives

Delegate presidential functions and authorities under Section 1238 of FY2018 NDAA to Secretary of Defense
Require coordination with Secretary of State, Secretary of the Treasury, and Director of National Intelligence
Apply delegation to future public laws with same or substantially same provisions
Direct Secretary of Defense to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation takes effect upon signing
Secretary of Defense directed to publish in Federal Register

Near term (90d)

—

Long term

Standing delegation applies to future substantially similar statutory provisions

Risks & tensions

Automatic application to future laws creates potential for broad, unreviewed expansion of delegated authority
Coordination requirement with four principals may create bureaucratic friction or delay
Substantially same standard is vague and could lead to interagency disputes over scope