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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Authorities Under Section 1294 of the National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates presidential authorities under Section 1294 of the FY2019 NDAA to the Secretary of State, to be exercised in coordination with the Secretaries of Treasury and Defense and the National Security Advisor. The delegation automatically applies to any future substantially identical provisions.

Federal Register Open PDF 83 FR 57671

Impact dates

  1. Publication in Federal Register

Key directives

  • Delegate functions and authorities under Section 1294 of FY2019 NDAA to Secretary of State
  • Require coordination with Secretary of Treasury, Secretary of Defense, and Assistant to President for National Security Affairs
  • Apply delegation to future substantially identical provisions
  • Direct Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authorities takes effect upon signature
  • Secretary of State directed to publish in Federal Register

Near term (90d)

—

Long term

  • Standing delegation applies to future substantially identical statutory provisions

Risks & tensions

  • Ambiguity around 'substantially the same' standard for future provisions creates interpretive uncertainty
  • Coordination requirement with multiple actors may slow decision-making
Presidential Memorandum: Delegation of Authorities Under Section 1294 of the National Defense Authorization Act for Fiscal Year 2019 · Executive Orders