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MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Authority Under Section 506(a)(1) and 614(a)(1) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the President's authority to direct a drawdown of up to $200 million in U.S. defense articles and services for Ukraine under section 506(a)(1) of the Foreign Assistance Act, and to waive legal restrictions on up to $70 million in additional assistance to Ukraine under section 614(a)(1) of the same act.

Federal Register Open PDF 89 FR 64349

Impact dates

  1. No explicit deadline specified for drawdown or determination actions

Key directives

  • Delegate authority to Secretary of State to direct drawdown of up to $200 million in defense articles and services for Ukraine
  • Delegate authority to Secretary of State to determine security importance of waiving legal restrictions on up to $70 million in assistance to Ukraine
  • Authorize and direct publication of memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State may immediately direct drawdown and make determinations

Near term (90d)

  • Potential execution of up to $200 million defense drawdown
  • Potential waiver and delivery of up to $70 million in assistance

Long term

  • Continued U.S. security assistance to Ukraine
  • Precedent for delegated emergency military aid authority

Risks & tensions

  • No explicit deadline creates uncertainty on execution timing
  • Section 614(a)(1) waiver authority bypasses normal congressional oversight mechanisms for foreign assistance
  • Drawdown reduces U.S. defense stockpiles without immediate replenishment requirement stated
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) and 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders