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MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

Delegation of Authority Under Sections 1209 and 1236 of the National Defense Authorization Act for Fiscal Year 2015, as Amended

This memorandum delegates presidential authority to the Secretary of Defense to waive cost limitations on construction and repair projects supporting the Counter-ISIS campaign in Iraq and Syria, specifically under sections 1209(l)(3) and 1236(o) of the FY2015 NDAA as amended. The delegation includes making determinations and submitting required congressional notifications for such waivers.

Federal Register Open PDF 87 FR 34763

Impact dates

  1. Publication of memorandum in Federal Register

Key directives

  • Delegate to Secretary of Defense authority to waive cost limitations on construction/repair projects for Counter-ISIS campaign in Iraq and Syria
  • Delegate authority to make determinations and submit congressional notifications required for such waivers
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of waiver authority takes effect upon signing
  • Secretary of Defense gains authority to act on construction/repair cost limitations

Near term (90d)

  • Potential waiver actions and congressional notifications for Counter-ISIS projects

Long term

  • Ongoing flexibility for DOD in Iraq and Syria project execution

Risks & tensions

  • Centralizes wartime spending flexibility in executive branch, reducing congressional pre-approval role
  • Vague on whether any reporting back to President is required
  • No explicit dollar thresholds or project scope limits specified in delegation
Presidential Memorandum: Delegation of Authority Under Sections 1209 and 1236 of the National Defense Authorization Act for Fiscal Year 2015, as Amended · Executive Orders