Delegation of Functions and Authorities Under Section 1299F(i) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

This memorandum delegates to the Secretary of State all presidential functions and authorities under Section 1299F(i) of the FY2021 National Defense Authorization Act. The provision concerns the Secretary's authority to make determinations regarding sanctions related to the construction of Nord Stream 2 and other Russian energy export pipelines.

Federal Register Open PDF 86 FR 60751

Timeline

Immediate

Delegation of authority takes effect upon signing
Secretary of State assumes presidential functions under 1299F(i)

Near term (90d)

Potential sanctions determinations on pipeline-related entities

Long term

Ongoing implementation of pipeline sanctions policy
Congressional reporting requirements as triggered by Secretary determinations

Risks & tensions

Centralizes sanctions authority in State Department rather than interagency process

May affect diplomatic leverage with Germany and EU on energy policy

Context: Biden administration had waived sanctions on Nord Stream 2 AG and CEO in May 2021; this delegation follows congressional pressure for tougher stance