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Presidential Memorandum

Delegation of Authority Under the Protecting Americans From Foreign Adversary Controlled Applications Act

This memorandum delegates presidential authorities under the Protecting Americans from Foreign Adversary Controlled Applications Act (targeting TikTok and similar apps) to the Attorney General, and establishes an interagency committee to develop rules for exercising those authorities within 180 days. The committee includes six cabinet secretaries and the DNI, with intelligence assessments required to support their work.

Federal Register Open PDF 89 FR 60793

Impact dates

  1. Committee determines rules and procedures for exercising delegated authorities

  2. Committee begins exercising authorities in accordance with adopted rules and procedures

Key directives

  • Delegate all authorities under Protecting Americans from Foreign Adversary Controlled Applications Act to Attorney General
  • Attorney General to consult with Treasury, Commerce, and Homeland Security secretaries
  • Establish Committee for the Review of Foreign Adversary Controlled Applications
  • Committee members to determine rules and procedures within 180 days
  • Committee to exercise authorities upon conclusion of 180-day period
  • DNI and agency heads to provide national security threat assessments as appropriate
  • Attorney General to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Attorney General takes effect
  • Committee establishment

Near term (90d)

  • Committee working to develop rules and procedures

Long term

  • Committee assumes exercise of delegated authorities after 180-day period
  • Ongoing national security assessments of foreign adversary controlled applications

Risks & tensions

  • Unclear whether the 180-day deadline is strictly enforced for Committee to begin exercising authority, or if rules must merely be determined by then
  • Potential tension between Attorney General's delegated authority and Committee's subsequent exercise of same authorities—coordination mechanism not fully specified
  • Vague 'as appropriate' and 'as determines appropriate' language creates discretion without clear triggers for intelligence assessments
Presidential Memorandum: Delegation of Authority Under the Protecting Americans From Foreign Adversary Controlled Applications Act · Executive Orders