Memorandum on Delegation of Authority to Implement FY2023 NDAA Sections 5562(a)(2) and (3)
Date: January 17, 2025
Source: The White House
Summary:
President Biden has signed a memorandum delegating authority to the Secretary of State to implement specific provisions of the Fiscal Year 2023 National Defense Authorization Act (NDAA).
Relevant Sections of the NDAA:
Section 5562(a)(2): Requires the President to submit a report to Congress on the feasibility of establishing a “Foundational Infrastructure Remediation and Enhancement Reserve Fund” within the Department of Defense (DOD).
Section 5562(a)(3): Authorizes the Secretary of Defense, in consultation with the Secretary of State, to establish and maintain a joint working group with foreign countries to develop infrastructure resilience standards and best practices.
Delegated Authority:
The memorandum delegates authority to the Secretary of State to:
- Lead the preparation of the report required under Section 5562(a)(2), including coordinating with the DOD and other relevant agencies.
- Establish and maintain the joint working group with foreign countries, as authorized under Section 5562(a)(3).
Rationale:
The memorandum states that the delegations are made to “ensure effective implementation” of the NDAA provisions and “promote the coordinated efforts of the Executive Branch.”
Implementation:
The Secretary of State is directed to:
- Submit the report required under Section 5562(a)(2) to Congress within 180 days of the date of the memorandum.
- Consult with the DOD and other relevant agencies in preparing the report.
- Work with foreign countries to establish the joint working group and develop resilience standards.
Background:
The “Foundation Infrastructure Remediation and Enhancement Reserve Fund” is intended to provide long-term funding for infrastructure projects that are critical to national defense but are not adequately addressed through traditional funding mechanisms.
The joint working group with foreign countries aims to enhance international cooperation on infrastructure resilience. This could include developing best practices for cybersecurity, disaster response, and climate resilience.
Memorandum on the Delegation of Authority to the Secretary of State to implement Fiscal Year 2023 National Defense Authorization Act Sections 5562(a)(2) and (3)
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