Assignment of Specified Reporting and Determination Functions Relating to Afghanistan, Pakistan, Saudi Arabia, and Certain Education Abroad

This memorandum delegates specific presidential reporting and determination functions to the Secretary of State under two counterterrorism laws: the 9/11 Commission Act of 2007 and the Intelligence Reform and Terrorism Prevention Act of 2004. The delegated functions concern Afghanistan, Pakistan, Saudi Arabia, and certain education abroad programs, with required consultation from the Secretary of Defense and Director of National Intelligence on specific provisions.

Federal Register Open PDF 72 FR 56871

Key directives

Assign to Secretary of State functions under sections 2041(d)(3), 2042(c)(1), 2042(d), and 2043(c)(1) of the 9/11 Commission Act of 2007
Assign to Secretary of State functions under section 7114(b)(6) of the Intelligence Reform and Terrorism Prevention Act of 2004
Secretary of State shall consult with Secretary of Defense on section 2041(d)(3) functions
Secretary of State shall consult with Secretary of Defense and Director of National Intelligence on section 2043(c)(1) functions
Secretary of State authorized and directed to publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

Delegation of presidential functions to Secretary of State takes effect
Secretary of State authorized to publish in Federal Register

Near term (90d)

Implementation of consultation requirements with Defense and DNI on specified sections

Long term

Ongoing reporting and determinations on counterterrorism cooperation and education abroad security

Risks & tensions

Interagency coordination burden between State, Defense, and DNI may create implementation friction
No explicit enforcement mechanism if consultation requirements are not followed
Vague statutory language in underlying acts may create uncertainty about scope of delegated authority