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MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Authority Under Section 5583 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

This memorandum delegates to the Secretary of State the President's authority to develop and submit to Congress a strategy required by Section 5583 of the FY2023 NDAA. The delegation also applies automatically to any future law containing substantially the same provision.

Federal Register Open PDF 88 FR 36215

Impact dates

  1. Strategy submission to Congress per NDAA Section 5583 (original statutory deadline, not modified by this memo)

Key directives

  • Delegate authority to Secretary of State to develop and submit strategy required by NDAA Section 5583 to Congress
  • Apply delegation to future substantially similar provisions
  • 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 to develop strategy for congressional submission (timing per NDAA Section 5583)

Long term

  • Automatic application to future substantially similar statutory provisions

Risks & tensions

  • Statutory deadline for strategy submission not specified in memorandum; original NDAA deadline applies but is not restated here
  • Automatic application to future provisions creates standing delegation without further presidential action
Presidential Memorandum: Delegation of Authority Under Section 5583 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 · Executive Orders