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

This memorandum delegates specific presidential authorities under sections 1352 and 1353 of the FY2024 NDAA to the Secretaries of State, Defense, and Energy, and the OMB Director, with required interagency consultation. These provisions concern nuclear weapons program management, stockpile responsibilities, and related funding authorities.

Federal Register Open PDF 89 FR 101835

Impact dates

Date TBD
Federal Register publication by Secretary of Defense

Key directives

Delegate section 1352(a) authorities to Secretary of State (consulting Defense and Energy)
Delegate section 1352(e)(1)(A) authorities to Secretary of Defense (consulting State, Energy, OMB)
Delegate section 1352(f)(2) authorities to Secretary of Energy (consulting Defense and OMB)
Delegate sections 1353(c), 1353(e)(1)(D), 1353(e)(3) authorities to Secretary of Defense (DOD funds) and Secretary of Energy (DOE funds), coordinating with OMB Director
Delegate sections 1353(a), 1353(e)(1)(A), 1353(e)(2), 1353(f)(1) authorities to OMB Director (consulting Defense and Energy)
Apply delegations to future substantially similar statutory provisions
Secretary of Defense shall publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegations take effect upon issuance
Secretary of Defense directed to publish in Federal Register

Near term (90d)

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Long term

Ongoing execution of delegated nuclear weapons authorities
Future public laws with substantially same provisions automatically covered

Risks & tensions

Multiple consultation requirements across agencies may create coordination friction on nuclear policy decisions
Split fund-management authority between Defense and Energy for transferred funds requires careful OMB coordination
Automatic application to future laws (Sec. 2) reduces future presidential discretion over these delegations