Delegation of Authorities and Responsibilities Under Section 1763 of the National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates to the Secretary of Commerce the President's authorities under Section 1763 of the FY2019 NDAA, which governs enhanced export controls on emerging and foundational technologies. The delegation applies to any future substantially similar provisions. Coordination with other agencies must follow the National Security Presidential Memorandum-4 (NSPM-4) interagency process.

Federal Register Open PDF 84 FR 197

Impact dates

Jan 15, 2019
Delegation effective; Secretary assumes authorities

Key directives

Delegate functions and authorities under Section 1763 of FY2019 NDAA to Secretary of Commerce
Coordinate with executive departments and agencies through NSPM-4 process
Apply delegation to future substantially similar provisions
Publish memorandum in Federal Register

Who is ordered

Secretary of Commerce · Department of Commerce

Timeline

Immediate

Delegation takes effect upon signing; Secretary of Commerce assumes authorities

Near term (90d)

Implementation of export control regulations under Section 1763
NSPM-4 interagency coordination on emerging technology controls

Long term

Ongoing administration of export controls on emerging/foundational technologies
Application to future substantially similar statutory provisions

Risks & tensions

Interagency coordination through NSPM-4 may create friction between Commerce and national security agencies over technology classification
Broad 'substantially the same' language creates uncertainty about scope of future automatic delegations
Low public visibility despite significant implications for US-China technology competition and semiconductor/AI sectors