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MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

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

This memorandum delegates presidential authority under the Foreign Assistance Act to the Secretary of State, allowing up to $1 billion in Pentagon defense articles, services, and military training to be drawn down for Ukraine assistance. It requires publication in the Federal Register but contains no additional conditions or reporting requirements.

Federal Register Open PDF 87 FR 79787

Impact dates

  1. Federal Register publication filed

Key directives

  • Delegate authority under 506(a)(1) of FAA to Secretary of State for up to $1 billion drawdown
  • Direct drawdown of DOD defense articles, services, and military education/training for Ukraine
  • Make determinations required under section 506(a)(1)
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

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

Near term (90d)

  • Federal Register publication (filed 12-27-22 per header)

Long term

  • Potential cumulative effect on DOD stockpiles and replenishment needs
  • Ongoing Ukraine security assistance framework

Risks & tensions

  • Drawdown authority reduces presidential control over specific transfers; potential tension between State and Defense on execution speed
  • $1 billion ceiling may be tested if Ukraine operational needs accelerate; replenishment of U.S. stockpiles not addressed here
  • Vague whether this is new capacity or aggregates prior delegated amounts
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders