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Presidential Memorandum

Delegation of Authority Under Section 506(a)(1) and Section 614(a)(1) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the President's authority under two provisions of the Foreign Assistance Act of 1961 to provide up to $150 million in security assistance to Ukraine without regard to certain statutory restrictions, and to direct a $150 million drawdown of Defense Department military equipment and services for Ukraine.

Federal Register Open PDF 87 FR 29647

Impact dates

  1. Federal Register publication

Key directives

  • Delegate authority under section 614(a)(1) of FAA to Secretary of State for up to $150 million in assistance without regard to statutory restrictions
  • Delegate authority under section 506(a)(1) of FAA to Secretary of State to direct drawdown of up to $150 million in DOD defense articles, services, and military education/training for Ukraine
  • Subject to fulfilling requirements of section 614(a)(3) and section 652 of FAA
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State authorized to make security interest determinations and direct drawdowns

Near term (90d)

  • Potential obligation and delivery of defense articles and services to Ukraine

Long term

  • Continued U.S. security assistance framework for Ukraine

Risks & tensions

  • Bypassing normal statutory restrictions raises congressional oversight concerns
  • Dual $150 million figures create potential ambiguity whether total is $150M or $300M
  • Section 614(a)(3) and 652 conditions must be satisfied but not specified in memorandum
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) and Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders