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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Authority Under Section 1069 of the National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates presidential authority to the Secretary of Defense to submit a congressional report on the effects of cyber-enabled information operations on U.S. national security, as required by Section 1069 of the FY2019 NDAA. The delegation requires consultation with seven other senior officials and automatically applies to future substantially similar statutory provisions.

Federal Register Open PDF 83 FR 54839

Impact dates

  1. Report on cyber-enabled information operations due to Congress per NDAA Section 1069

Key directives

  • Delegate authority to Secretary of Defense to provide congressional report on cyber-enabled information operations
  • Require consultation with Secretary of State, Attorney General, Secretary of Homeland Security, OMB Director, DNI, CIA Director, and FBI Director
  • Apply delegation automatically to future substantially similar statutory provisions
  • Direct Secretary of Defense to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

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

Near term (90d)

  • Report preparation and submission to Congress (NDAA Section 1069 timing)

Long term

  • Standing delegation for future substantially similar statutory requirements

Risks & tensions

  • Interagency consultation requirement with seven senior officials may create coordination delays
  • Automatic application to future laws creates standing precedent without further presidential review
  • Exact reporting deadline not specified in memorandum; governed by underlying NDAA statute
Presidential Memorandum: Delegation of Authority Under Section 1069 of the National Defense Authorization Act for Fiscal Year 2019 · Executive Orders