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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Functions and Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2019

This memorandum delegates specific presidential authorities under Section 1245 of the NDAA for Fiscal Year 2019 to the Secretary of State (for subsections a(1) and a(2)) and the Secretary of Defense (for subsection a(3)), requiring coordination through the National Security Presidential Memorandum-4 process. The delegations automatically apply to any future laws containing substantially identical provisions.

Federal Register Open PDF 84 FR 3959

Impact dates

  1. Federal Register publication by Secretary of State

Key directives

  • Delegate NDAA FY2019 section 1245(a)(1)-(2) authorities to Secretary of State
  • Delegate NDAA FY2019 section 1245(a)(3) authority to Secretary of Defense
  • Require coordination through National Security Presidential Memorandum-4 process for both delegations
  • Apply delegations to future substantially similar statutory provisions
  • Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegations take effect upon signing
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • Federal Register publication (filed February 12, 2019)

Long term

  • Delegations persist for future substantially similar statutory provisions

Risks & tensions

  • Automatic application to 'substantially similar' future provisions creates interpretive ambiguity without further presidential action
  • NSPM-4 coordination requirement adds bureaucratic layer that may slow decision-making
  • Split delegation across State and Defense may create interagency friction depending on substantive content of section 1245(a) authorities
Presidential Memorandum: Delegation of Functions and Authorities Under Section 1245 of the National Defense Authorization Act for Fiscal Year 2019 · Executive Orders