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MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Authority Under Section 5948(d) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

This memorandum delegates presidential authority to the Secretary of State to submit a congressionally mandated report under Section 5948(d) of the FY2023 NDAA. The delegation also automatically applies to any future law containing substantially the same provision.

Federal Register Open PDF 88 FR 26469

Key directives

  • Delegate to Secretary of State authority to submit report required by section 5948(d) of FY2023 NDAA
  • Apply delegation to any future public law with same or substantially same provision
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect

Near term (90d)

  • Secretary of State may submit required report to Congress (original statutory deadline not specified in document)

Long term

  • Automatic application to future substantially similar provisions

Risks & tensions

  • Statutory deadline for report submission not stated in document; original NDAA provision timing unknown
  • Automatic extension to future laws creates standing delegation without further presidential action
Presidential Memorandum: Delegation of Authority Under Section 5948(d) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Executive Orders