Memorandum on Distribution of Department of Defense Funded Humanitarian Assistance in Syria
Issued 2015-11-13 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
In November 2015, President Obama issued a directive to the Secretary of Defense to allow the Department of Defense to distribute humanitarian assistance into Syria. The memorandum waived a specific legal prohibition that would have prevented this assistance from being delivered, determining that this restriction would impede the distribution of urgently needed humanitarian aid to address the refugee crisis in Syria.
The action affects how the Department of Defense can deliver humanitarian assistance in Syria. By waiving the existing prohibition, it allows Defense Department resources and operations to be used for getting humanitarian aid to people affected by the Syrian conflict and refugee situation.
This matters because it enabled the U.S. government to respond to what was described as an urgent humanitarian crisis. The memorandum cites both humanitarian reasons and broader U.S. objectives for stability and humanitarian relief in the Middle East as justifications for allowing this assistance to proceed despite the existing legal restriction.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Distribution of Department of Defense Funded Humanitarian Assistance in Syria") provides direction to executive branch agencies. The stated purpose: "United States Code, for humanitarian reasons and to the extent necessary to allow the Department of Defense to carry out the purposes of section 2561 of title 10, United States Code, for the distribution of humanitarian assistance into Syria." 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 Distribution of Department of Defense Funded Humanitarian Assistance in Syria November 13, 2015 Presidential Determination No. 2016–02 Memorandum for the Secretary of Defense Subject: Distribution of Department of Defense Funded Humanitarian Assistance in Syria By the authority vested in me as President by the Constitution and the laws of the United States, including section 2249a(b)(1)(B) of title 10, United States Code, I hereby: Determine that section 2249a(a) of title 10, United States Code, would impede the distribution of urgently needed humanitarian assistance in Syria to alleviate the current refugee crisis, as well as other United States Government objectives in the Middle East for stability and humanitarian relief; and Waive the prohibition in section 2249a(a) of title 10, United States Code, for humanitarian reasons and to the extent necessary to allow the Department of Defense to carry out the purposes of section 2561 of title 10, United States Code, for the distribution of humanitarian assistance into Syria. You are authorized and directed to publish this determination in the Federal Register . B ARAC