DetDeterminationClinton · D

Presidential Determination

Use of Nonproliferation, Anti-Terrorism, Demining and Related Programs Account Funds for the U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO)

President Clinton determined that up to $25 million from the Nonproliferation, Anti-Terrorism, Demining and Related Programs account should be transferred to fund the U.S. contribution to KEDO, waiving normal legal restrictions under section 614(a)(1) of the Foreign Assistance Act of 1961. The Secretary of State was directed to notify Congress and arrange Federal Register publication.

Impact dates

  1. Arrange Federal Register publication

  2. Transmit determination to Congress

Key directives

  • Determine $25 million transfer important to U.S. security interests
  • Authorize contribution without regard to provisions of law within scope of section 614(a)(1)
  • Direct Secretary of State to transmit determination to Congress
  • Direct Secretary of State to arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Determination signed and effective April 24, 1997
  • Authorization to transfer up to $25 million to KEDO

Near term (90d)

  • Secretary of State to transmit determination to Congress
  • Federal Register publication arranged

Long term

  • KEDO funding supports light-water reactor project in North Korea under Agreed Framework

Risks & tensions

  • Waiver of 'any provision of law within the scope of section 614(a)(1)' is broad, creating tension with congressional appropriations authority
  • KEDO funding tied to Agreed Framework with North Korea, which faced implementation challenges and eventual collapse
  • Text does not specify whether full $25 million is obligated or merely available ceiling
Presidential Determination: Use of Nonproliferation, Anti-Terrorism, Demining and Related Programs Account Funds for the U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO) · Executive Orders