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 grant waivers under the Child Soldiers Prevention Act of 2008 (CSPA), allowing certain countries to receive U.S. military assistance despite using child soldiers, provided determinations and certifications are made. It also delegates notification to Congress and Federal Register publication of such waivers.

Federal Register Open PDF 90 FR 40013

Impact dates

Aug 4, 2025
Publish memorandum in Federal Register

Key directives

Delegate to Secretary of State authority under 22 U.S.C. 2370c-1(c)(1) to waive CSPA section 404(a) prohibitions
Delegate to Secretary of State authority under 22 U.S.C. 2370c-1(c)(2) to notify Congress and publish waivers in Federal Register
Direct Secretary of State to publish 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

Near term (90d)

Potential CSPA waiver determinations and certifications by Secretary of State
Congressional notifications and Federal Register publications as waivers are granted

Long term

Ongoing U.S. military assistance flows to countries that might otherwise be prohibited under CSPA
Continued executive branch flexibility in human rights conditionality of security assistance

Risks & tensions

Centralizes waiver authority in Secretary of State, reducing interagency or presidential visibility over individual country waivers
Potential tension between human rights conditionality (CSPA's purpose) and security assistance priorities
Congress may have limited advance notice depending on timing of notifications