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MemoMemorandumTrump 45 · R Quiet signal

Presidential Memorandum

Delegation of Authorities Under Section 1757 of the National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates to the Secretary of Commerce the President's authority under Section 1757 of the FY2019 NDAA, which concerns export controls on emerging and foundational technologies. The delegation also automatically applies to any future substantially similar statutory provisions.

Federal Register Open PDF 83 FR 61503

Impact dates

  1. Federal Register publication

Key directives

  • Delegate to Secretary of Commerce functions and authorities vested in President by section 1757 of FY2019 NDAA
  • Apply delegation to future substantially similar provisions
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of Commerce authorized to exercise Section 1757 powers

Near term (90d)

  • Federal Register publication required

Long term

  • Ongoing export control implementation for emerging/foundational technologies
  • Automatic application to future substantially similar laws

Risks & tensions

  • Automatic extension to future laws creates open-ended delegation with uncertain scope
  • Section 1757 itself was controversial; delegation removes direct presidential accountability for sensitive technology export decisions
  • Substantially similar provision language is vague and may create legal ambiguity
Presidential Memorandum: Delegation of Authorities Under Section 1757 of the National Defense Authorization Act for Fiscal Year 2019 · Executive Orders