Memorandum on Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008
Issued 2015-09-29 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum transfers specific decision-making authority from the president to the Secretary of State regarding the Child Soldiers Prevention Act of 2008. The act contains a prohibition related to countries that use child soldiers, but it also allows for waivers under certain circumstances. President Obama delegated to the Secretary of State the power to waive this prohibition specifically for Yemen and to make the necessary determinations to justify that waiver.
The memorandum also gives the Secretary of State the authority to notify Congress about any such waiver and explain the reasoning behind it. This is an administrative action that shifts responsibility for these particular decisions from the president's desk to the State Department.
This type of presidential memorandum is a routine tool used to manage how the executive branch operates. By delegating this authority, the president allows the Secretary of State to handle these specific decisions regarding Yemen and the Child Soldiers Prevention Act without requiring direct presidential involvement each time such a determination needs to be made.
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 Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008") provides direction to executive branch agencies. The stated purpose: "delegate to the Secretary of State the authority under section 404(c)(1) of the Child Soldiers Prevention Act of 2008 (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 Section 404(c) of the Child Soldiers Prevention Act of 2008 September 29, 2015 Memorandum for the Secretary of State Subject: Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008 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 404(c)(1) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1) (CSPA), to waive the application of the prohibition in section 404(a) of the CSPA to Yemen, and to make the determinations necessary for such waiver. I hereby also delegate to the Secretary of State the authority under section 404(c)(2) of the CSPA 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 N OTE : An original was not available for v