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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Pursuant to Section 1035 of the National Defense Authorization Act for Fiscal Year 2013

This memorandum delegates to the Secretary of Defense the President's authority to fulfill certification requirements under Section 1035 of the NDAA for FY2013, which relates to the transfer or release of Guantanamo Bay detainees. It also ensures the delegation applies to any substantially similar future provisions.

Federal Register Open PDF 80 FR 37921

Impact dates

  1. Publish memorandum in Federal Register

Key directives

  • Delegate certification requirement authority under section 1035 of NDAA FY2013 to Secretary of Defense
  • Apply delegation to future substantially similar provisions
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of certification authority to Secretary of Defense takes effect

Near term (90d)

—

Long term

  • Ongoing application to future substantially similar provisions

Risks & tensions

  • Centralizes detainee transfer/release certification in Defense Secretary rather than requiring Presidential-level decision
  • Potential tension with Congressional intent if interpreted as reducing executive accountability for Guantanamo transfers
Presidential Memorandum: Delegation of Authority Pursuant to Section 1035 of the National Defense Authorization Act for Fiscal Year 2013 · Executive Orders