ExecutiveOrdersEO
MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2018

This memorandum delegates presidential authorities under Section 1245 of the FY2018 NDAA to the Secretary of State, requiring coordination with Defense, DNI, and the Joint Chiefs Chairman. It also automatically applies these delegations to future laws with substantially similar provisions.

Federal Register Open PDF 83 FR 9681

Impact dates

  1. Federal Register publication filed

Key directives

  • Delegate functions and authorities under Section 1245 of FY2018 NDAA to Secretary of State
  • Require coordination with Secretary of Defense, Chairman of the Joint Chiefs of Staff, and Director of National Intelligence
  • Apply delegations automatically to future public laws with same or substantially same provisions
  • Direct 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)

  • Federal Register publication (filed March 5, 2018 per document header)

Long term

  • Automatic application to future substantially similar statutory provisions

Risks & tensions

  • Automatic application to future laws creates potential ambiguity about scope without further presidential action
  • Coordination requirement (not mere consultation) may create interagency friction but specific Section 1245 authorities are not detailed in text
Presidential Memorandum: Delegation of Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2018 · Executive Orders