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Presidential Memorandum

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

This memorandum delegates presidential authority to the Secretary of State to determine whether up to $126 million in assistance to Ukraine is important to U.S. security interests, allowing such assistance to bypass certain statutory restrictions under section 614(a)(1) of the Foreign Assistance Act of 1961.

Federal Register Open PDF 89 FR 22325

Impact dates

  1. Federal Register publication

Key directives

  • Delegate authority under section 614(a)(1) of FAA to Secretary of State for Ukraine assistance up to $126 million
  • Authorize and direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon memorandum signing
  • Secretary of State authorized to make section 614(a)(1) determinations for Ukraine assistance

Near term (90d)

  • Potential obligation of up to $126 million in assistance to Ukraine
  • Federal Register publication of memorandum

Long term

  • Precedent for delegated emergency foreign assistance authority
  • Potential expansion of similar delegations for other countries or contexts

Risks & tensions

  • Bypassing 'any provision of law' raises separation of powers concerns, though this is statutorily authorized under FAA
  • $126 million cap limits exposure but cumulative delegations could expand executive war powers
  • Timing during ongoing Ukraine conflict suggests urgency but text does not specify emergency circumstances
Presidential Memorandum: Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders