Delegation of Certain Functions and Authorities Under Section 1252 of the National Defense Authorization Act for Fiscal Year 2017

This memorandum delegates presidential functions and authorities under Section 1252 of the FY2017 NDAA to the Secretary of State, to be exercised in coordination with the Secretary of Defense. The delegation also automatically applies to any future laws containing substantially similar provisions.

Federal Register Open PDF 83 FR 8739

Impact dates

Feb 27, 2018
Federal Register publication filed

Key directives

Delegate functions/authorities under Section 1252 of FY2017 NDAA to Secretary of State
Secretary of State to act in coordination with Secretary of Defense
Apply delegation to future public laws with same or substantially same provisions
Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of authorities takes effect

Near term (90d)

Federal Register publication (already filed 2-27-18)

Long term

Standing delegation applies to future substantially similar statutory provisions

Risks & tensions

Ambiguity in 'substantially the same' standard for future laws creates interpretive uncertainty
Coordination requirement between State and Defense may create bureaucratic friction without clear dispute resolution mechanism