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 for Fiscal Year 2024 to waive child-soldier-related prohibitions against Rwanda and Turkey under the Child Soldiers Prevention Act of 2008, specifically allowing Foreign Military Financing and Excess Defense Articles for Turkey, and requires notification to Congress and Federal Register publication of these waivers.

Federal Register Open PDF 88 FR 66669

Impact dates

Sep 30, 2024
End of Fiscal Year 2024 delegation period

Key directives

Delegate to Secretary of State authority to waive CSPA section 404(a) prohibitions for Rwanda
Delegate to Secretary of State authority to waive CSPA section 404(a) prohibitions for Turkey to allow Foreign Military Financing and Excess Defense Articles
Delegate authority to notify congressional committees and publish determinations 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
Authorization for Federal Register publication

Near term (90d)

Potential issuance of waivers for FY2024 (beginning October 1, 2023)
Congressional notification and Federal Register publication of any waivers

Long term

Continued U.S. security assistance to Rwanda and Turkey despite CSPA restrictions

Risks & tensions

Human rights concerns: waivers allow security assistance to countries where child soldier use has been documented
Congressional oversight tension: delegated authority reduces direct presidential accountability for sensitive national security-human rights tradeoffs
Vague justification standards: document does not specify what criteria Secretary must apply in granting waivers