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MemoMemorandumObama · D

Presidential Memorandum

Assignment of Functions Under the National Defense Authorization Act for Fiscal Year 2010; the Department of Homeland Security Appropriations Act, 2010; and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010

This memorandum assigns specific congressional reporting and consultation functions to the Secretary of Defense, Attorney General, and Secretary of State regarding detainee custody and transfers. The functions derive from four appropriations and authorization acts, splitting responsibilities based on whether detainees remain in Defense custody, transfer to Justice custody, or involve State Department diplomatic matters.

Federal Register Open PDF 74 FR 63059

Key directives

  • Assign to Secretary of Defense (with Attorney General consultation) function of providing Congress plans on detainees remaining in DoD custody
  • Assign to Secretary of Defense consultation function under NDAA section 1041(d) on detainees in DoD custody
  • Assign to Attorney General (with Secretary of Defense consultation) function of submitting Congress reports on detainees transferring to DoJ custody
  • Assign to Attorney General consultation function under NDAA section 1041(d) on detainees transferring to DoJ custody
  • Assign to Attorney General (with Secretary of Defense consultation) function of submitting additional Congress reports under DHS, DOI, and Supplemental Appropriations Acts
  • Assign to Secretary of State (with Secretary of Defense consultation) function of providing Congress information under DHS and DOI Appropriations Acts
  • Attorney General authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon signing; functions assigned to specified Cabinet members

Near term (90d)

  • Congressional reports and plans due under statutory deadlines in underlying acts (not specified in memorandum)

Long term

  • Ongoing consultation and reporting obligations as detainee transfers continue

Risks & tensions

  • Interagency coordination required between Defense and Justice on sensitive detainee matters may create friction
  • Split custody framework (DoD vs DoJ) reflects unresolved policy tension on closing Guantanamo and domestic detention
  • Statutory deadlines for reports reside in underlying acts, not this memorandum; exact timing unclear from this text alone
Presidential Memorandum: Assignment of Functions Under the National Defense Authorization Act for Fiscal Year 2010; the Department of Homeland Security Appropriations Act, 2010; and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 · Executive Orders