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DetDeterminationClinton · D

Presidential Determination

Delegation of Authority Under Section 1322(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106)

This determination delegates presidential reporting duties under Section 1322(c) of the FY1996 NDAA to the Secretary of Defense, requiring DOD to obtain interagency concurrence from Commerce, State, Treasury, and the DCI before submitting reports to Congress. The delegation permits redelegation no lower than Under Secretary level.

Federal Register Open PDF 62 FR 52477

Impact dates

  1. Publication in Federal Register

Key directives

  • Delegate to Secretary of Defense duties/responsibilities vested in President by section 1322(c) of FY1996 NDAA
  • Reporting requirement may be redelegated not lower than Under Secretary level
  • DOD shall obtain concurrence from Commerce, State, Treasury, and DCI on behalf of intelligence community prior to congressional submission
  • Secretary of Defense authorized and directed to publish this memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation takes effect upon signing; Secretary of Defense authorized to publish in Federal Register

Near term (90d)

  • DOD must establish interagency concurrence process for future Section 1322(c) reports

Long term

  • Ongoing reporting obligations under FY1996 NDAA Section 1322(c) continue with delegated authority

Risks & tensions

  • Interagency concurrence requirement may slow reporting timeline; vague on whether concurrence is binding or consultative
  • Section 1322(c) substance not specified in document—unclear what reports cover without external statute reference
Presidential Determination: Delegation of Authority Under Section 1322(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106) · Executive Orders