ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R

Presidential Memorandum

Assignment of Functions Under Section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007

This memorandum assigns the President's functions under Section 1035 of the John Warner NDAA for FY2007 to the Secretary of Defense. The Secretary of State and heads of other agencies identified in the required report must concur with it.

Federal Register Open PDF 72 FR 36335

Key directives

  • Assign to Secretary of Defense the functions of the President under section 1035 of Public Law 109-364
  • Secretary of State and heads of other executive departments and agencies identified in the report should concur with the report
  • Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Functions assigned to Secretary of Defense
  • Secretary of Defense authorized to publish in Federal Register

Near term (90d)

  • Report required under section 1035 to be developed with concurrence from Secretary of State and other agency heads

Long term

—

Risks & tensions

  • Vague concurrence requirement ('should concur') creates uncertainty about binding nature versus advisory preference
  • No explicit enforcement mechanism if agency heads decline to concur
Presidential Memorandum: Assignment of Functions Under Section 1035 of the John Warner National Defense Authorization Act for Fiscal Year 2007 · Executive Orders