Memorandum on Delegation of Functions and Authorities Under Section 1260J of the National Defense Authorization Act for Fiscal Year 2020

On May 11, 2020, President Donald J. Trump issued a presidential memorandum titled "Memorandum on Delegation of Functions and Authorities Under Section 1260J of the National Defense Authorization Act for Fiscal Year 2020." This action delegates specific functions and authorities that were originally given to the President by Section 1260J of the National Defense Authorization Act for Fiscal Year 2020. These responsibilities are now assigned to the Secretary of Commerce, who will carry them out in consultation with the Attorney General. This delegation also applies to any future laws that are substantially similar to the provision referenced.

This memorandum provides direction to executive branch agencies, specifically shifting certain responsibilities from the President to the Secretary of Commerce and the Attorney General. Presidential memoranda are a routine administrative tool used by presidents to guide agencies on their priorities, how to interpret statutes, and how to implement procedures. They 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, and such memoranda are a standard exercise of presidential power used by every modern administration.

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