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MemoMemorandumClinton · D

Presidential Memorandum

Delegation of Authority Under Sections 1402 and 1406 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65)

President Clinton delegated presidential reporting duties under sections 1402 and 1406 of the FY2000 National Defense Authorization Act to the Secretary of Defense. The memorandum specifies interagency coordination requirements for two classified reports to Congress, with section 1402 addressing proliferation threats and section 1406 addressing weapons of mass destruction, requiring concurrence from State, Commerce, CIA, Treasury, and FBI before submission.

Federal Register Open PDF 65 FR 2279

Key directives

  • Delegate to Secretary of Defense duties under sections 1402 and 1406 of Public Law 106-65
  • DOD shall prepare section 1402 report with assistance from State, Commerce, Energy, Treasury, DCI, and FBI
  • DOD shall obtain concurrence from State, Commerce, DCI (for Intelligence Community), Treasury, and FBI before submitting section 1402 report to Congress
  • DOD and DOE shall jointly prepare section 1406 report with assistance from State, Commerce, and DCI
  • DOD and DOE shall obtain concurrence from State, Commerce, and DCI (for Intelligence Community) before submitting section 1406 report to Congress
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • DOD assumes responsibility for preparing section 1402 report
  • DOD and DOE assume joint responsibility for section 1406 report

Near term (90d)

  • Reports to Congress due per statutory deadlines in NDAA (not specified in memorandum)

Long term

  • Ongoing interagency coordination framework for proliferation and WMD threat assessments

Risks & tensions

  • Concurrence requirement from multiple agencies may create delays or interagency disputes over threat assessments
  • Intelligence Community concurrence channeled through DCI creates single point of coordination bottleneck
  • Document does not specify statutory deadlines for reports, leaving timeline uncertain
  • Joint DOD-DOE preparation of section 1406 report may create jurisdictional tensions
Presidential Memorandum: Delegation of Authority Under Sections 1402 and 1406 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) · Executive Orders