Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008

This memorandum delegates presidential authority to the Secretary of State to waive a prohibition on U.S. security assistance to Yemen under the Child Soldiers Prevention Act of 2008, despite Yemen's use of child soldiers. The Secretary is also delegated authority to notify Congress and publish the waiver determination in the Federal Register.

Federal Register Open PDF 81 FR 72681

Impact dates

Date TBD
Federal Register publication of this memorandum

Key directives

Delegate to Secretary of State authority to waive CSPA section 404(a) prohibition as applied to Yemen
Delegate to Secretary of State authority to make determinations necessary for such waiver
Delegate to Secretary of State authority to notify appropriate congressional committees of waiver and accompanying Memorandum of Justification
Delegate to Secretary of State authority to publish determination in Federal Register
Authorize and direct publication of this memorandum in the Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of waiver authority to Secretary of State takes effect
Secretary authorized to publish memorandum in Federal Register

Near term (90d)

Potential waiver issuance for Yemen
Congressional notification
Federal Register publication of determination

Long term

Continued U.S. security assistance to Yemen despite CSPA restrictions

Risks & tensions

Human rights tension: waiving child soldier prohibitions conflicts with CSPA's humanitarian purpose
Yemen context: 2016 timing during Saudi-led coalition intervention and complex civil war
Congressional oversight tension: notification required but not advance approval
Limited transparency: justification memorandum accompanies waiver but not made public here