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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Authority Under the Consolidated Appropriations Act, 2017

This memorandum delegates to the Secretary of Defense the President's authority under Section 10005 of the Consolidated Appropriations Act, 2017, which concerns certain defense-related functions. The delegation automatically extends to any future law containing substantially identical provisions.

Federal Register Open PDF 82 FR 28981

Impact dates

  1. Publish memorandum in Federal Register

Key directives

  • Delegate to Secretary of Defense functions and authorities vested in President by section 10005 of Public Law 115-31
  • Apply delegation to future public laws with same or substantially same provisions as section 10005
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing

Near term (90d)

—

Long term

  • Applies to future public laws with substantially similar provisions

Risks & tensions

  • Unclear scope: 'substantially the same' standard for future laws creates interpretive ambiguity
  • Limited transparency: Section 10005 authority specifics not defined in memorandum text
  • Potential for unchecked expansion of delegated authority through future legislation
Presidential Memorandum: Delegation of Authority Under the Consolidated Appropriations Act, 2017 · Executive Orders