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

Impact dates

1. Date TBD

   Federal Register publication by Secretary of State

Key directives

• Delegate section 7426 authorities to Secretary of State
• Delegate sections 7214, 7413, 7431, 7432 to Secretary of State in consultation with Treasury
• Delegate section 7211(a)(1)(C) to Secretary of State in consultation with Treasury and Drug Control Policy Director
• Delegate extensive authorities under sections 7211, 7212-7213, 7215, 7233, 7412, 7433 to Secretary of Treasury in consultation with State
• Delegate section 7423 to Secretary of State and Secretary of Defense
• Apply delegations to future substantially similar public law provisions
• Secretary of State to publish memorandum in Federal Register

Who is ordered

• Secretary of State · State Department
• Secretary of the Treasury · Treasury Department
• Secretary of Defense · Department of Defense
• Director of National Drug Control Policy · ONDCP

Timeline

Risks & tensions

• Consultation requirements between State-Treasury-Drug Control Policy may create bureaucratic friction on shared authorities
• Vague 'substantially the same' standard in Section 2 creates uncertainty about scope of automatic future application