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Presidential Memorandum

Delegation of Authority Under Section 1604(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates presidential authority to the Secretary of Defense and Secretary of Commerce to transmit to Congress a plan required by section 1604(b) of the FY2019 NDAA. The delegation also automatically applies to any future law containing substantially the same provision.

Federal Register Open PDF 83 FR 53157

Key directives

  • Delegate authority to Secretary of Defense and Secretary of Commerce to transmit plan to Congress
  • Apply delegation to future substantially similar provisions
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

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

Near term (90d)

  • Plan transmission to Congress under NDAA section 1604(b)

Long term

  • Automatic application to future substantially similar statutory provisions

Risks & tensions

  • Automatic application to future laws creates open-ended delegation without further presidential review
  • No specified deadline for plan transmission in the memorandum itself—timing governed by underlying NDAA statute
Presidential Memorandum: Delegation of Authority Under Section 1604(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Executive Orders