Delegation of Authority Under Section 614(a)(2) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the authority to determine whether up to $6.8 million in cluster munitions technology sales to South Korea is vital to U.S. national security interests, bypassing normal legal restrictions under the Foreign Assistance Act. The delegation is contingent on fulfilling section 614(a)(3) notification requirements.

Federal Register Open PDF 86 FR 7787

Key directives

Delegate authority under section 614(a)(2) of FAA to Secretary of State
Limit delegation to $6.8 million in cluster munitions technology sales to Republic of Korea
Require fulfillment of section 614(a)(3) requirement as condition
Authorize bypass of other provisions of law within purview of section 614(a)(2)
Direct publication in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of authority to Secretary of State takes effect upon signing

Near term (90d)

Potential notification to Congress under section 614(a)(3)
Possible arms sale determination and proceeding

Long term

Precedent for delegated authority on sensitive weapons exports

Risks & tensions

Cluster munitions are widely criticized due to high civilian casualty rates from unexploded ordnance
Delegation removes presidential-level scrutiny for sensitive weapons transfer
Contingent on 614(a)(3) requirement—text does not specify what that requirement entails
Timing in final week of administration may raise questions about rushed action