ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

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

The President delegates authority to the Secretary of State to determine whether up to $145 million in assistance to Ukraine is important to U.S. security interests, allowing such assistance to proceed without regard to certain legal restrictions under the Foreign Assistance Act of 1961.

Federal Register Open PDF 89 FR 40359

Impact dates

  1. Federal Register publication

Key directives

  • Delegate to Secretary of State authority under section 614(a)(1) of FAA to determine security importance of up to $145 million in Ukraine assistance
  • Authorize waiver of legal provisions within purview of section 614(a)(1)
  • Direct publication of memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State gains waiver authority for Ukraine assistance

Near term (90d)

  • Potential $145 million in assistance may be disbursed if Secretary makes affirmative determination

Long term

  • Precedent for emergency security assistance delegations to State Department

Risks & tensions

  • Waiver authority bypasses normal congressional appropriations constraints
  • Section 614(a)(1) typically used for emergency situations; framing of Ukraine aid as emergency may be contested
  • Specific dollar cap ($145M) suggests targeted rather than open-ended authority
Presidential Memorandum: Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders