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MemoMemorandumTrump 45 · R Quiet signal

Presidential Memorandum

Delegation of Authorities Under Section 3136 of the National Defense Authorization Act for Fiscal Year 2018

This memorandum delegates presidential authorities under Section 3136 of the FY2018 NDAA to the Secretary of Energy, requiring coordination with the Secretaries of State, Defense, Homeland Security, and the Director of National Intelligence. The delegation applies to future laws containing substantially similar provisions, and the Secretary of Energy must publish it in the Federal Register.

Federal Register Open PDF 83 FR 15289

Impact dates

  1. Publish memorandum in Federal Register

Key directives

  • Delegate functions and authorities under Section 3136 of FY2018 NDAA to Secretary of Energy
  • Require coordination with Secretary of State, Secretary of Defense, Secretary of Homeland Security, and Director of National Intelligence
  • Apply delegation to future public laws with same or substantially similar provisions
  • Direct Secretary of Energy to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authorities takes effect upon signing
  • Secretary of Energy directed to publish in Federal Register

Near term (90d)

—

Long term

  • Future public laws with same/substantially similar provisions automatically covered by this delegation

Risks & tensions

  • Text does not specify what Section 3136 authorities actually entail, creating uncertainty about scope of delegated powers
  • Coordination requirement with four other senior officials may create bureaucratic friction or delays in exercising authorities
Presidential Memorandum: Delegation of Authorities Under Section 3136 of the National Defense Authorization Act for Fiscal Year 2018 · Executive Orders