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Presidential Memorandum

Delegation of Functions and Authorities Under Sections 1333, 1342, 1352, and 1353 of the National Defense Authorization Act for Fiscal Year 2024

This memorandum delegates specific presidential authorities under four sections of the FY2024 National Defense Authorization Act (Public Law 118-31) to the Secretaries of Defense, State, and Energy, plus the OMB Director. The delegations concern nuclear weapons program management, stockpile responsibilities, and related funding authorities, with various consultation requirements between agencies.

Federal Register Open PDF 89 FR 57337

Impact dates

  1. Federal Register publication by Secretary of Defense

  2. Delegations take effect

Key directives

  • Delegate section 1352(g) to Secretary of Defense in consultation with Secretary of Energy
  • Delegate sections 1352(h)(4), 1352(d)(1), and 1352(e)(2)(A) to Secretary of Defense in consultation with Secretaries of State and Energy
  • Delegate section 1333 to Secretary of State in consultation with Secretaries of Defense and Energy
  • Delegate section 1342 to Secretary of State in consultation with Secretaries of Defense and Energy
  • Delegate sections 1352(e)(2)(B) and 1352(e)(2)(C) to Secretary of Defense in consultation with Secretary of Energy
  • Delegate section 1352(i) to Secretary of Defense in consultation with Secretaries of State and Energy
  • Delegate section 1353(d), (h), and (i) to Secretary of Defense (DOD funds) and Secretary of Energy (DOE funds) in coordination with OMB Director
  • Secretary of Defense shall publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegations take effect upon memorandum date (July 9, 2024)
  • Secretary of Defense directed to publish in Federal Register

Near term (90d)

  • Federal Register publication expected

Long term

  • Ongoing execution of delegated nuclear stockpile and weapons program authorities
  • Future public laws with substantially similar provisions automatically covered by these delegations

Risks & tensions

  • Multiple consultation requirements across three cabinet departments and OMB may create coordination friction
  • Automatic application to future substantially similar laws (Section 2) reduces future presidential oversight without explicit re-delegation
  • Nuclear weapons authorities are typically highly centralized; delegation carries inherent interagency tension over stockpile decisions
Presidential Memorandum: Delegation of Functions and Authorities Under Sections 1333, 1342, 1352, and 1353 of the National Defense Authorization Act for Fiscal Year 2024 · Executive Orders