Delegation of Responsibilities Under Section 1208 of Title XII of Public Law 104-106

This memorandum delegates presidential authorities under Section 1208 of the FY1996 National Defense Authorization Act to the Secretary of State, to be exercised in consultation with the Secretary of Defense. It permits redelegation within the Department of State and directs publication in the Federal Register.

Federal Register Open PDF 61 FR 26017

Impact dates

Apr 1, 1996
Delegation effective upon signing

Key directives

Delegate authorities under Section 1208 of Public Law 104-106 to Secretary of State
Exercise in consultation with Secretary of Defense
Redelegation permitted within Department of State
Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Delegation takes effect upon signing

Near term (90d)

Implementation of delegated authorities by Secretary of State in consultation with Secretary of Defense

Long term

Ongoing exercise of Section 1208 authorities by State Department

Risks & tensions

Consultation requirement with Defense may create interagency friction
Redelegation flexibility could diffuse accountability
Section 1208 authorities not specified in memorandum—unclear scope of delegated powers