Memorandum on Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000
Issued 2015-10-05 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum transfers certain presidential powers under the Trafficking Victims Protection Act of 2000 to the Secretary of State. Specifically, it allows the Secretary of State to waive prohibitions that would otherwise apply to Yemen during Fiscal Year 2016 under the Act, and to make the determinations necessary for granting such a waiver. The memorandum also gives the Secretary of State the authority to notify congressional committees about the waiver and explain the justification for it.
This action affects U.S. relations with Yemen under federal anti-trafficking law. The Trafficking Victims Protection Act contains provisions that can restrict certain U.S. interactions with countries based on their trafficking records, and this memorandum allows the Secretary of State to grant Yemen an exception from those restrictions for the 2016 fiscal year.
Presidential memoranda like this are routine administrative tools that presidents use to direct how executive branch agencies implement laws passed by Congress. This particular memorandum operates within the framework of existing anti-trafficking legislation, delegating decision-making authority from the President to the Secretary of State for matters concerning Yemen.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000") provides direction to executive branch agencies. The stated purpose: "delegate to the Secretary of State the authority under section 110(d)(4) of the Trafficking Victims Protection Act of 2000 (the "Act") (22 U." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2015 Memorandum on Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000 October 5, 2015 Memorandum for the Secretary of State Subject: Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authority under section 110(d)(4) of the Trafficking Victims Protection Act of 2000 (the "Act") (22 U.S.C. 7107(d)(4)) to waive the application of the prohibition in section 110(d)(1)(A)(i) of the Act to Yemen during Fiscal Year 2016, as applicable, and to make the determinations necessary for such waiver. I hereby also delegate to the Secretary of State the authority under section 110(c) of the Act to notify the appropriate congressional committees of such waiver and the justification for granting such waiver. You are hereby authorized and directed to publish this memorandum in the Federal Register. B ARACK O BAMA <P