Delegation of Certain Functions and Authorities Under the National Defense Authorization Act for Fiscal Year 2020

This memorandum delegates specific authorities vested in the President by the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) to the Secretaries of State, Treasury, Defense, Commerce, and the Director of National Intelligence. The delegations cover sanctions-related provisions concerning North Korea, Bretton Woods Agreements, and other national security matters, with required inter-agency consultation.

Federal Register Open PDF 85 FR 13717

Impact dates

Feb 21, 2020
Secretary of State to publish memorandum in Federal Register

Key directives

Delegate sections 7503(d), (f), (h), 7124, 7131, 7143, and 1227 to Secretary of State (with various consultations)
Delegate sections 7503(c), (g), 7121, 7122 to Secretary of the Treasury (with State consultation)
Delegate section 7132 to Secretary of Treasury and Secretary of Commerce jointly
Delegate section 7141 to Secretary of the Treasury
Delegate section 7133 to Director of National Intelligence (with State and Treasury consultation)
Secretary of State to publish memorandum in Federal Register
Delegations apply to future substantially similar provisions

Who is ordered

Timeline

Immediate

Delegations take effect upon memorandum issuance
Secretary of State directed to publish in Federal Register

Near term (90d)

Agencies assume delegated authorities for applicable sanctions and financial provisions

Long term

Future public laws with substantially similar provisions automatically covered by these delegations

Risks & tensions

Inter-agency consultation requirements may create friction or delay in sanctions implementation
Automatic application to future similar provisions (Section 2) reduces presidential control over subsequent delegations
Specific statutory provisions referenced are not reproduced in text; precise scope of delegated authorities requires cross-referencing Public Law 116-92