ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Functions and Authorities Under Section 9902(a)(3)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

This memorandum delegates presidential authority under the FY2021 NDAA to the OMB Director for certifying and reporting on federal investments in individual projects exceeding $3 billion. It is a narrow administrative delegation with no new policy substance.

Federal Register Open PDF 89 FR 59817

Impact dates

  1. OMB Director assumes delegated functions

  2. Publish memorandum in Federal Register

Key directives

  • Delegate to OMB Director the functions and authorities under section 9902(a)(3)(B) of FY2021 NDAA regarding certification and reporting on federal investments >$3B
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation takes effect upon signing

Near term (90d)

  • OMB Director assumes certification/reporting functions for projects >$3B

Long term

—

Risks & tensions

  • Delegation narrows presidential visibility into major federal investments; text does not specify whether OMB Director may further redelegate
  • Vague whether this changes prior practice or merely formalizes existing OMB role
Presidential Memorandum: Delegation of Functions and Authorities Under Section 9902(a)(3)(B) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Executive Orders