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MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Authority Under Section 7070 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023

This memorandum delegates presidential authority under Section 7070 of the FY2023 State and Foreign Operations Appropriations Act to the Secretary of State. The delegation applies to the referenced provision and any future substantially similar provisions, with standard instructions to publish in the Federal Register.

Federal Register Open PDF 88 FR 36213

Impact dates

  1. Federal Register filing (noted in FR Doc header)

Key directives

  • Delegate to Secretary of State functions and authorities vested in President by Section 7070 of Division K of Public Law 117-328
  • Apply delegation to any future public law provision that is the same or substantially the same as Section 7070
  • Publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing

Near term (90d)

  • Federal Register publication

Long term

  • Ongoing exercise of delegated authority under Section 7070 and future similar provisions

Risks & tensions

  • Section 7070 typically contains human rights and democracy conditions on foreign assistance; delegation shifts accountability but may obscure presidential visibility into human rights certifications
  • Vague 'substantially the same' standard for future provisions creates interpretive uncertainty
  • Standard delegation with limited transparency on specific authorities being transferred
Presidential Memorandum: Delegation of Authority Under Section 7070 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 · Executive Orders