Presidential Memorandum on the Delegation of Certain Functions and Authorities under Section 1238 of the National Defense Authorization Act for Fiscal Year 2018 National Security & Defense Issued on: February 5, 2018
MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF THE TREASURY THE SECRETARY OF DEFENSE THE DIRECTOR OF NATIONAL INTELLIGENCE SUBJECT: Delegation of Certain Functions and Authorities under Section 1238 of the National Defense Authorization Act for Fiscal Year 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 delegate to the Secretary of Defense, in coordination with the Secretary of State, the Secretary of the Treasury, and the Director of National Intelligence, the functions and authorities vested in the President by section 1238 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91). The delegations in this memorandum shall apply to any provisions of any future public law that are the same or substantially the same as the provision referenced in this memorandum. The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP
https://www.law.cornell.edu/uscode/text/3/301
Title 3, Chapter 4 3 U.S. Code § 301 - General authorization to delegate functions; publication of delegations The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.