Delegation of Certain Functions and Authorities Under Section 1235 of the National Defense Authorization Act for Fiscal Year 2018

This memorandum delegates presidential authorities under Section 1235 of the FY2018 NDAA to the Secretary of Defense (subsection 1235(a)) and Secretary of State (subsection 1235(b)). The delegations automatically apply to future laws with substantially identical provisions, and the Secretary of State must publish the memorandum in the Federal Register.

Federal Register Open PDF 83 FR 8741

Impact dates

Feb 9, 2018
Federal Register publication

Key directives

Delegate section 1235(a) authorities to Secretary of Defense
Delegate section 1235(b) authorities to Secretary of State
Apply delegations to future substantially identical provisions
Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation of authorities takes effect upon signing
Secretary of State directed to publish in Federal Register

Near term (90d)

—

Long term

Future public laws with same/substantially same provisions automatically covered by these delegations

Risks & tensions

Text does not specify what authorities section 1235(a) and (b) contain, creating uncertainty about substantive scope
Automatic application to future laws reduces future presidential control over these delegations