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

This memorandum delegates presidential authority to the Secretary of State to direct the drawdown of up to $800 million in Department of Defense defense articles, services, and military education and training to assist Ukraine. It invokes section 506(a)(1) of the Foreign Assistance Act of 1961, which allows emergency presidential drawdowns without congressional appropriation.

Federal Register Open PDF 87 FR 23419

Impact dates

Date TBD
Federal Register publication directed but no date specified

Key directives

Delegate authority under section 506(a)(1) of FAA to Secretary of State
Authorize drawdown of up to $800 million in DOD defense articles and services
Authorize drawdown of military education and training
Direct assistance to Ukraine
Authorize Secretary of State to make required determinations under section 506(a)(1)
Direct publication of memorandum 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
Secretary of State may begin drawdown process

Near term (90d)

Delivery of defense articles and services to Ukraine
Publication of memorandum in Federal Register

Long term

Sustained military assistance pipeline to Ukraine
Depletion of U.S. defense stockpiles requiring replenishment

Risks & tensions

Section 506(a)(1) requires presidential determination of 'unforeseen emergency'—delegation transfers this statutory finding to cabinet secretary, raising separation-of-powers questions
Large drawdown may strain U.S. defense stockpiles and industrial base replenishment
No congressional appropriation required, reducing legislative oversight for this tranche
Document does not specify end date for authority or reporting requirements to Congress