Memorandum on Delegation of Functions and Authorities Under the Nicaragua Human Rights and Anticorruption Act of 2018
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 assigns specific responsibilities under the Nicaragua Human Rights and Anticorruption Act of 2018 to cabinet officials. The President delegated authority to the Secretary of the Treasury to make certain determinations under the Act and to impose one type of sanctions, and to the Secretary of State to impose another type of sanctions. Both secretaries received various functions under the Act, with some requiring consultation between the two departments.
The action affects how the United States government carries out a law Congress passed regarding Nicaragua. Instead of the President personally handling these determinations and sanctions decisions, the Treasury and State departments will execute these responsibilities. The memorandum specifies that these delegated functions must be coordinated through established government processes.
This matters because it establishes the operational framework for implementing the Nicaragua Human Rights and Anticorruption Act. By assigning these duties to specific cabinet secretaries, the memorandum clarifies who in the executive branch is responsible for enforcing the law's provisions and how those officials should work together when carrying out these responsibilities.
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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 Nicaragua Human Rights and Anticorruption Act of 2018") 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 Nicaragua Human Rights and Anticorruption Act of 2018 May 24, 2019 Memorandum for the Secretary of State and the Secretary of the Treasury Subject: Memorandum on Delegation of Functions and Authorities under the Nicaragua Human Rights and Anticorruption Act of 2018 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 the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of the Nicaragua Human Rights and Anticorruption Act of 2018 (Public Law 115–335) (the "Act"), with respect to making a determination under the standards set forth in sections 5(a)(1)–(4) of the Act; (b) delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a) of the Act, with respect to the imposition of the sanctions in section 5(c)(1)(A) of the Act following a determination by the Secretary of the Treasury under section 5(a); (c) delegate to the Secretary o