Delegation of Authority Under Section 404 (c) of the Child Soldiers Prevention Act of 2008
This memorandum temporarily consolidates the President’s waiver authority under Section 404(c) of the Child Soldiers Prevention Act of 2008 (CSPA) and assigns it to the Secretary of State. Specifically, the Secretary of State is authorized to waive the prohibition in Section 404(a) and to make the necessary determinations and certifications to grant such waivers under Section 404(c)(1). The Secretary is also empowered to notify the appropriate congressional committees of these waivers and their justifications and to publish the waiver determinations and certifications in the Federal Register (Section 404(c)(2)). The memo directs that it be published in the Federal Register. In short, this action formalizes and centralizes the waiver decision process for CSPA-related security assistance, shifting primary implementation responsibility to the Secretary of State while requiring public and congressional disclosure of waivers.
Key Points
- 1Delegation of waiver authority: The President delegates to the Secretary of State the authority under Section 404(c)(1) to waive the CSPA’s 404(a) prohibition and to make the necessary determinations and certifications for such waivers.
- 2Reporting requirement: The Secretary of State is empowered to notify the appropriate congressional committees about the waivers and the justification for granting them (Section 404(c)(2)).
- 3Publication of determinations: Waiver determinations and certifications must be published in the Federal Register.
- 4Formal publication of the memorandum: The memo itself is authorized and directed to be published in the Federal Register.
- 5Legal basis and scope: The delegation relies on the President’s constitutional and statutory authority, referencing the relevant sections of Title 3 and 22 U.S.C. 2370c, and clarifies the administrative pathway for waivers under the CSPA.