Delegation of Functions and Authorities Under Section 1260J of the National Defense Authorization Act for Fiscal Year 2020

This memorandum delegates presidential functions under Section 1260J of the FY2020 NDAA to the Secretary of Commerce, requiring consultation with the Attorney General. Section 1260J concerns restrictions on the use of foreign-made drones by federal agencies, particularly those manufactured in countries identified as national security threats such as China.

Federal Register Open PDF 85 FR 29591

Impact dates

May 15, 2020
Federal Register publication

Key directives

Delegate functions and authorities under Section 1260J of FY2020 NDAA to Secretary of Commerce
Secretary of Commerce must consult with Attorney General
Apply delegation to future substantially similar provisions
Secretary of Commerce shall publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of authority takes effect
Secretary of Commerce assumes implementation role

Near term (90d)

Federal Register publication required
Implementation of drone procurement restrictions begins

Long term

Ongoing enforcement of foreign drone restrictions
Potential expansion to future substantially similar legislation

Risks & tensions

Text does not specify exact scope of Section 1260J restrictions—assumed from statutory context
Future-proofing language ('substantially the same') creates interpretive flexibility but also legal uncertainty
Consultation requirement with Attorney General may create interagency friction on enforcement decisions