Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961

President Biden delegated to the Secretary of State the authority to direct a drawdown of up to $100 million in U.S. defense articles, services, and military education/training to provide assistance to Ukraine under the Foreign Assistance Act. This is a procedural delegation of existing presidential authority for emergency military aid.

Federal Register Open PDF 87 FR 21001

Impact dates

Apr 5, 2022
Federal Register publication directed

Key directives

Delegate authority under section 506(a)(1) of the Foreign Assistance Act of 1961 to the Secretary of State
Authorize drawdown of up to $100 million in defense articles and services of the Department of Defense
Authorize military education and training for Ukraine
Authorize Secretary of State to make required determinations under section 506(a)(1)
Direct publication of memorandum in the Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of authority takes effect upon signing
Secretary of State authorized to direct drawdown

Near term (90d)

Defense articles and services delivery
Military education and training provision

Long term

—

Risks & tensions

Drawdown authority reduces existing DOD stockpiles without immediate replenishment guarantee
Capped at $100 million—relatively modest amount suggesting this is one tranche among multiple aid actions
Requires Secretary of State determinations, creating procedural checkpoint that could delay or complicate execution