Delegation of Authority Under Section 614 of the Foreign Assistance Act of 1961

This memorandum delegates presidential authority to the Secretary of State to waive legal restrictions on up to $123 million in foreign assistance funds for ten countries (Ukraine, Tunisia, Honduras, El Salvador, Guatemala, Costa Rica, Panama, Nigeria, Albania, and Vietnam) under section 614 of the Foreign Assistance Act of 1961. The delegation allows the Secretary to bypass certain statutory limitations if doing so is deemed important to U.S. security interests.

Federal Register Open PDF 79 FR 69751

Impact dates

Date TBD
Federal Register publication directed but no date specified

Key directives

Delegate to Secretary of State authority under section 614 of FAA to determine security importance of furnishing up to $123 million in assistance to ten specified countries
Authorize assistance without regard to provisions of law within scope of section 614(a)(1) of FAA
Direct publication of memorandum in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of waiver authority to Secretary of State takes effect upon signing
Secretary of State authorized to make determinations and furnish assistance without regard to specified legal restrictions

Near term (90d)

Potential disbursement of up to $123 million in foreign assistance to designated countries following Secretary's determination

Long term

—

Risks & tensions

Waiver authority reduces congressional oversight over foreign assistance appropriations
Broad delegation of presidential authority to single cabinet secretary without specified conditions or reporting requirements
Security interest determination standard is subjective and not defined in the memorandum