Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the President's authority under Section 614(a)(1) of the Foreign Assistance Act of 1961 to use up to $28,970,312 in Fiscal Year 2015 Economic Support Fund resources for Syria stabilization programs, bypassing other statutory restrictions. The delegation is contingent on fulfilling Section 614(a)(3)'s notification requirements.

Federal Register Open PDF 81 FR 55109

Impact dates

Date TBD
Fulfill Section 614(a)(3) notification requirement before exercising delegated authority
Aug 5, 2016
Memorandum effective upon signing

Key directives

Delegate authority under Section 614(a)(1) of FAA to Secretary of State for up to $28,970,312 in FY2015 Economic Support Fund resources
Condition delegation on fulfilling Section 614(a)(3) notification requirement
Authorize and direct publication in Federal Register
Use resources for Syria stabilization programs without regard to other provisions of law

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of authority to Secretary of State
Authorization to publish memorandum in Federal Register

Near term (90d)

Potential obligation of FY2015 Economic Support Fund resources for Syria programs

Long term

Execution of Syria stabilization programs using delegated authorities

Risks & tensions

Section 614(a)(1) is a 'notwithstanding' authority allowing bypass of congressional restrictions, creating inherent executive-legislative tension
FY2015 funds being obligated in August 2016 suggests end-of-fiscal-year or expired-funds timing pressure; text does not clarify if funds were still available
Stabilization programs in Syria during ongoing civil war carry significant operational and geopolitical risk
Vague notification requirement in 614(a)(3) leaves procedural uncertainty