ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

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 the Foreign Assistance Act to determine whether up to $205 million from the Economic Support Fund should be provided to advance food security, energy resilience, and counter China's efforts, bypassing normal legal restrictions. The delegation is tied to specific appropriations from the 2021 spending law.

Federal Register Open PDF 87 FR 54605

Impact dates

  1. Authority to make determinations and disburse funds (no fixed expiration in text)

Key directives

  • Delegate authority under section 614(a)(1) of the Foreign Assistance Act of 1961 to the Secretary of State
  • Authorize up to $205 million from Economic Support Fund under Title IX of Division K of Public Law 116-260
  • Permit furnishing assistance without regard to provisions of law within purview of section 614(a)(1)
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State gains authority to make determinations up to $205 million

Near term (90d)

  • Potential disbursement determinations for food security and energy resilience assistance
  • Counter-China assistance allocations

Long term

  • Implementation of funded programs abroad
  • Ongoing foreign assistance activities under this delegated authority until funds exhausted

Risks & tensions

  • Waiving normal legal restrictions raises oversight and accountability concerns
  • Counter-China framing may politicize aid in recipient countries
  • Specific dollar cap ($205M) limits scale but concentrates discretion in Secretary of State
  • No explicit reporting requirements to Congress or President specified in text
Presidential Memorandum: Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders