There was some sort of official presidential memorandum that was released giving three letter agencies presidential powers. Has anyone seen this? Thoughts?
From the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”):
Section 1333:
Sec. 1333. Reporting related to the AUKUS partnership.
Section 1342:
Sec. 1342. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales.
Section 1352:
Sec. 1352. Authorization of sales of Virginia Class submarines to Australia.
Section 1353:
Sec. 1353. Acceptance of contributions in support of Australia, United Kingdom, and United States submarine security activities.
From the memorandum:
Section 1.
(a) I hereby delegate to the Secretary of Defense, in consultation with the Secretary of Energy, the functions and authorities vested in the President by section 1352(g) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”).
(b) … Secretary of Defense, Secretaries of State, and Energy, … sections 1352(h)(4), 1352(d)(1), and 1352(e)(2)(A) of the Act.
(c) (i) Secretary of State, Secretaries of Defense, and Energy, section 1333 of the Act;
(c) (ii) Secretary of State, Secretaries of Defense, and Energy, section 1342 of the Act;
(c) (iii) Secretary of Defense, Secretary of Energy, section 1352(e)(2)(B) of the Act;
(c) (iv) Secretary of Defense, Secretary of Energy, section 1352(e)(2)(C) of the Act;
(c) (v) Secretary of Defense, Secretaries of State and Energy, section 1352(i) of the Act; and
(c) (vi) Secretary of Defense for funds allocated to the Department of Defense account and to the Secretary of Energy for funds allocated to the Department of Energy account, in coordination with the Director of the Office of Management and Budget, section 1353(d), (h), and (i) of the Act.
I do not see any subsections for 1352 or 1353 in the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”) that I linked above. 🤷♀️ I pulled up the PDF file from the link as well. Must not be the entire document?
Mainly seems like Biden is giving his presidential powers to the secretaries of defense, energy, and state to allow them to work with AUKUS (Australia, United Kingdom, United States?) for platforms, technologies, equipment, and submarine support and sales.
Wow! Great find!
My take on it is that the Commander in Chief functions were delegated away from Biden so he can't push the nuclear button etc.
What is your take on it?
Sorry, I do not know how to format this very well!
From the memorandum:
Link to the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”):
https://www.congress.gov/bill/118th-congress/house-bill/2670/text
From the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”):
Section 1333:
Section 1342:
Section 1352:
Section 1353:
From the memorandum:
I do not see any subsections for 1352 or 1353 in the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) (the “Act”) that I linked above. 🤷♀️ I pulled up the PDF file from the link as well. Must not be the entire document?
Mainly seems like Biden is giving his presidential powers to the secretaries of defense, energy, and state to allow them to work with AUKUS (Australia, United Kingdom, United States?) for platforms, technologies, equipment, and submarine support and sales.
Thanks for this. Your clarification is much appreciated!