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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Pursuant to Section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016

This memorandum delegates presidential authority under Section 3136(h) of the FY2016 National Defense Authorization Act to the Secretary of State. The provision concerns nuclear nonproliferation and sanctions-related certification requirements.

Federal Register Open PDF 81 FR 31161

Impact dates

  1. Publication in Federal Register

Key directives

  • Delegate functions and authorities vested in the President by section 3136(h) of NDAA FY2016 to the Secretary of State
  • Publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect upon signing

Near term (90d)

—

Long term

  • Ongoing certification and reporting responsibilities under NDAA Section 3136(h)

Risks & tensions

  • Section 3136(h) involves sensitive nuclear nonproliferation certifications; delegation to State rather than retaining presidential control may raise interagency tension with Defense or Energy
  • Vague 'substantially the same' clause for future acts creates interpretive uncertainty
Presidential Memorandum: Delegation of Authority Pursuant to Section 3136(h) of the National Defense Authorization Act for Fiscal Year 2016 · Executive Orders