Delegation of Waiver Authority Under Section 1022(a)(4) of the National Defense Authorization Act for Fiscal Year 2012
This memorandum delegates to the Attorney General the President's authority under Section 1022(a)(4) of the FY2012 NDAA to waive certain requirements of the Act, specifically the military custody requirement for detainees. The Attorney General must exercise this authority in consultation with senior national security officials including the Secretaries of State, Defense, and Homeland Security, the DNI, CIA Director, FBI Director, and Chairman of the Joint Chiefs of Staff.