Assignment of Functions Implementing the HELP Commission Act

This memorandum delegates presidential functions under the HELP Commission Act to the Secretary of State, requiring USAID to provide support and all executive departments to furnish information for a report on foreign assistance effectiveness. The Secretary is also tasked with coordinating agency responses to HELP Commission information requests while protecting constitutionally privileged information.

Federal Register Open PDF 69 FR 78847

Key directives

Assign presidential functions under 22 U.S.C. 2394b(k) to Secretary of State
USAID Administrator shall provide support to assist the Secretary
Executive department and agency heads shall furnish information promptly as requested by Secretary
Secretary shall coordinate agency responses to HELP Commission information requests under section 637(e)
Agencies shall provide relevant information and responses promptly to HELP Commission requests
Secretary shall ensure responses are consistent with presidential constitutional authority to withhold certain information
Secretary authorized and directed to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Functions assigned to Secretary of State
USAID directed to provide support
Agencies directed to furnish information promptly

Near term (90d)

Preparation of report under subsection 637(k)

Long term

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Risks & tensions

Potential tension between transparency to HELP Commission and executive privilege claims over foreign relations, national security, and deliberative process information
Vague 'promptly' standard for information sharing lacks enforcement mechanism
Coordination role for Secretary may create friction with agencies resistant to information requests