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MemoMemorandumTrump 45 · R

Presidential Memorandum

Delegation of Functions and Authorities Under Section 1238 of the FAA Reauthorization Act of 2018

This memorandum delegates presidential authorities under Section 1238 of the FAA Reauthorization Act of 2018 to the Secretary of State (subsections a(1)(A)-(B)) and the Secretary of Homeland Security (subsections a(1)(C)-(H)). The delegations are forward-looking, applying to substantially similar provisions in future laws, and may be redelegated within each department.

Federal Register Open PDF 84 FR 3957

Impact dates

  1. Federal Register publication

Key directives

  • Delegate to Secretary of State functions under sections 1238(a)(1)(A)-(B) of FAA Reauthorization Act of 2018
  • Delegate to Secretary of Homeland Security functions under sections 1238(a)(1)(C)-(H) of FAA Reauthorization Act of 2018
  • Apply delegations to future public laws with same or substantially same provisions
  • Authorize redelegation within departments to extent permitted by law
  • Direct Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegations take effect upon signing
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • Federal Register publication expected

Long term

  • Ongoing operation of delegated authorities
  • Automatic application to future substantially similar laws

Risks & tensions

  • Forward-looking 'substantially the same' language creates interpretive uncertainty about scope
  • Redelegation authority may diffuse accountability for aviation security decisions
Presidential Memorandum: Delegation of Functions and Authorities Under Section 1238 of the FAA Reauthorization Act of 2018 · Executive Orders