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

In simple terms

This memorandum delegates presidential authority to the Secretary of State to direct a drawdown of up to $425 million in Department of Defense defense articles, services, and military education and training for assistance to Ukraine under Section 506(a)(1) of the Foreign Assistance Act of 1961.

Federal Register Open PDF 88 FR 9743

Record & deadlines

Feb 3, 2023Signed
Signed by the President
Feb 14, 2023FR published
Published in the Federal Register · 88 FR 9743
Federal Register PDF
Date TBD
Federal Register publication

Key directives

Delegate authority under section 506(a)(1) of FAA to Secretary of State
Direct drawdown of up to $425 million in DoD defense articles and services
Provide military education and training assistance to Ukraine
Secretary of State to make required determinations under section 506(a)(1)
Publish memorandum in Federal Register

Who is ordered

Secretary of State · Department of State

What to expect

Immediate

Delegation of authority to Secretary of State takes effect
Secretary of State authorized to direct $425M drawdown

Near term (90d)

Potential execution of defense articles and services transfer to Ukraine
Federal Register publication required

Long term

Sustained military assistance framework for Ukraine under presidential drawdown authority

Risks & tensions

Drawdown reduces U.S. military stockpiles without immediate replenishment requirement specified
Delegation shifts war powers execution from President to Secretary of State; constitutional tension implicit
Specific dollar cap ($425M) suggests calibrated response but may constrain operational flexibility
No explicit congressional notification timeline in text; standard 506(a)(1) requirements apply