Delegation of Authority Under Section 1285 of the National Defense Authorization Act for Fiscal Year 2020

This memorandum delegates to the Secretary of Defense the President's authority under Section 1285(a)-(e) of the FY2020 NDAA regarding the use of military force and support of partner forces, which requires notification to Congress. The Secretary is directed to publish the memorandum in the Federal Register.

Federal Register Open PDF 86 FR 39939

Impact dates

Jul 23, 2021
Federal Register publication filed

Key directives

Delegate authority under Section 1285(a)-(e) of Public Law 116-92 to Secretary of Defense
Direct Secretary of Defense to publish memorandum in Federal Register

Who is ordered

Secretary of Defense · Department of Defense

Timeline

Immediate

Delegation of authority takes effect upon signing
Secretary of Defense authorized to use military force and support partner forces with Congressional notification requirements

Near term (90d)

Publication in Federal Register (filed July 23, 2021)

Long term

Ongoing operational flexibility for Secretary of Defense in military force deployment and partner force support

Risks & tensions

Centralizes war powers authority in executive branch by delegating presidential authority to cabinet secretary
Narrows direct presidential accountability for military force decisions
Section 1285 specifics not fully reproduced in memorandum—exact scope of delegated authority unclear without reference to underlying statute