Memorandum on Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 2016
Issued 2016-01-21 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum transfers certain responsibilities from the President to the Secretary of State. Specifically, it delegates the functions and authorities given to the President under section 1243 of the National Defense Authorization Act for Fiscal Year 2016. The memorandum was issued on January 21, 2016, and directed to the Secretary of State.
The action affects how specific provisions of the 2016 defense authorization law are carried out. Rather than the President personally handling the duties assigned under section 1243, the Secretary of State will now perform those functions. The memorandum also states that this delegation applies to any future laws that are the same or substantially similar to this provision.
This type of delegation is a routine administrative action. Presidents frequently assign certain responsibilities granted to them by Congress to cabinet secretaries and other officials who can handle the day-to-day implementation. The memorandum represents an internal housekeeping measure that clarifies which executive branch official will carry out specific statutory duties, though the source does not describe what those particular duties entail.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 2016") provides direction to executive branch agencies. The stated purpose: "order as follows: I hereby delegate functions and authorities vested in the President by section 1243 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) (the "Act") to the Secretary of State." 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 Barack Obama, 2016 Memorandum on Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 2016 January 21, 2016 Memorandum for the Secretary of State Subject: Delegation of Authority under the National Defense Authorization Act for Fiscal Year 2016 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 order as follows: I hereby delegate functions and authorities vested in the President by section 1243 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) (the "Act") to the Secretary of State. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register . B ARACK O BAMA Categories: Communications to Federal Agencies : National Defense Authorization Act for Fiscal Year 2016, delegation of authority, memorandum . <P