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

Defense & Security Energy & Environment Federal Workforce

In simple terms

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

Record & deadlines

Jul 9, 2024Signed
Signed by the President
Jul 12, 2024FR published
Published in the Federal Register · 89 FR 57337
Federal Register PDF
Date TBD
Federal Register publication by Secretary of Defense
Jul 9, 2024
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

What to expect

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