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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Under Section 1247 of the National Defense Authorization Act for Fiscal Year 2016

This memorandum delegates presidential authority under Section 1247 of the FY2016 NDAA to the Secretary of State. Section 1247 concerned security assistance and cooperation with Ukraine, including provision of defense articles, services, and training. The delegation is straightforward with no conditions or limitations specified.

Federal Register Open PDF 81 FR 51773

Impact dates

  1. Federal Register publication (actual filing date)

Key directives

  • Delegate functions and authorities vested in the President by section 1247 of FY2016 NDAA to the Secretary of State
  • Publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State assumes presidential functions under Section 1247

Near term (90d)

  • Federal Register publication (occurred August 4, 2016)

Long term

  • Ongoing security assistance to Ukraine under delegated authority

Risks & tensions

  • Text does not specify whether Secretary of State must coordinate with Defense Secretary on military assistance, creating potential interagency friction
  • Vague 'substantially the same' clause for future acts creates legal uncertainty
Presidential Memorandum: Delegation of Authority Under Section 1247 of the National Defense Authorization Act for Fiscal Year 2016 · Executive Orders