ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Under Sections 614(a)(1) and 610 of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the authority to waive legal restrictions and transfer up to $27.676 million in FY 2010 supplemental narcotics control funds to provide security assistance for Nigeria, subject to congressional notification requirements.

Federal Register Open PDF 81 FR 48317

Impact dates

  1. Execution of delegated authority (no fixed deadline specified)

Key directives

  • Delegate authority under FAA section 614(a)(1) to waive legal restrictions on up to $19,708,000 in FY 2010 supplemental INCLE funds for Nigeria security assistance
  • Delegate authority under FAA section 610 to transfer up to $7,968,000 of FY 2010 supplemental INCLE funds to Economic Support Fund for Nigeria
  • Subject to fulfilling requirements of FAA sections 614(a)(3) and 652, and section 7009(d) of FY 2010 appropriations act
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of waiver and transfer authority to Secretary of State

Near term (90d)

  • Potential execution of fund transfers and assistance delivery to Nigeria

Long term

  • Ongoing security assistance relationship with Nigeria under waived legal restrictions

Risks & tensions

  • Waiver authority bypasses normal legal restrictions on foreign assistance, raising oversight concerns
  • FY 2010 funds being used six years after appropriation suggests potential urgency or backlog
  • Congressional notification requirements (614(a)(3), 652, 7009(d)) create procedural friction but do not block action
Presidential Memorandum: Delegation of Authority Under Sections 614(a)(1) and 610 of the Foreign Assistance Act of 1961 · Executive Orders