Delegation of Authority Under Section 1230 of the National Defense Authorization Act for Fiscal Year 2024

This memorandum delegates the President's authority to transmit a report required by Section 1230 of the FY2024 NDAA to the Secretary of Defense, who must consult with the Secretary of State and, as appropriate, the Attorney General. The delegation automatically applies to any future law containing the same or substantially similar reporting requirement. The Secretary of Defense is directed to publish the memorandum in the Federal Register.

Federal Register Open PDF 89 FR 13261

Impact dates

Feb 16, 2024
Publication of memorandum in Federal Register

Key directives

Delegate authority to Secretary of Defense to transmit section 1230 report to congressional committees
Secretary of Defense must consult with Secretary of State and, as appropriate, the Attorney General
Apply delegation to future public laws with same or substantially same provision
Secretary of Defense shall publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

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

Near term (90d)

—

Long term

Automatic application to future substantially similar statutory provisions

Risks & tensions

Vague scope: 'as appropriate' consultation with Attorney General creates uncertainty about when consultation is triggered
Automatic extension to future laws without additional presidential action may reduce oversight of delegation scope
No specified deadline for report transmission in this memorandum — timing governed by underlying statute