Delegation of Certain Functions and Authorities Under the Global Fragility Act of 2019

Impact dates

1. Date TBD

   Federal Register publication by Secretary of State

Key directives

• Delegate presidential functions under Global Fragility Act sections 504(a) and 504(c) to Secretary of State
• Require Secretary of State to consult with Secretary of Treasury, Secretary of Defense, Secretary of Energy, Secretary of Commerce, DNI, USAID Administrator, and OMB Director
• Apply delegation automatically to future public laws with same or substantially same provisions
• Direct 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 · Defense Department
• Secretary of Energy · Energy Department
• Secretary of Commerce · Commerce Department
• Director of the Office of Management and Budget · Office of Management and Budget
• Director of National Intelligence · ODNI
• Administrator of the United States Agency for International Development · USAID

Timeline

Risks & tensions

• Consultation requirement with seven other officials may create bureaucratic friction or delay in decision-making
• Automatic extension to future laws creates potential uncertainty about scope of delegation
• Vague 'substantially the same' standard for future laws may generate interagency or legal disputes