Memorandum on Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act
Issued 2019-05-24 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum delegates responsibilities under the Sanctioning the Use of Civilians as Defenseless Shields Act to two cabinet officials. The President assigned certain duties from this act to the Secretary of State and gave other responsibilities to the Secretary of the Treasury, who must work with the Secretary of State when carrying them out. These officials must coordinate with other government departments and agencies through an existing national security process when exercising these delegated authorities.
The action affects how the government implements the Sanctioning the Use of Civilians as Defenseless Shields Act by determining which cabinet officials will handle different aspects of the law. Rather than the President directly managing these functions, the State Department and Treasury Department will now administer them.
This matters because it establishes the administrative structure for implementing sanctions related to the use of civilians as shields. By assigning these responsibilities to specific departments, the memorandum creates clear lines of authority for enforcing this law and ensures that implementation will be coordinated across the relevant parts of the government.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Donald J. Trump, 2019 Memorandum on Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act May 24, 2019 Memorandum for the Secretary of State and the Secretary of the Treasury Subject: Delegation of Functions and Authorities under the Sanctioning the Use of Civilians as Defenseless Shields Act By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby: (a) delegate to the Secretary of State the functions and authorities vested in the President by section 3(g) of the Sanctioning the Use of Civilians as Defenseless Shields Act (Public Law 115–348) (the "Act"); and (b) delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(a), 3(b), 3(c), 3(d)(1), and 3(h) of the Act. The functions and authorities delegated by this memorandum shall be exercised in coordination with departments and agencies through the National Security Presidential Memorandum–4 process. Any reference in this memorandum to the Act shall be deemed to be a reference to