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MemoMemorandumObama · D

Presidential Memorandum

Delegations of Authority Under Sections 610, 614(a)(1), and 506(a)(2)(A)(i)(II) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State three authorities under the Foreign Assistance Act of 1961 to provide assistance for Iraq: (1) transfer of up to $50 million in FY 2010 supplemental narcotics control funds to the Economic Support Fund; (2) waiver of legal restrictions on up to $50 million in assistance under national security determinations; and (3) drawdown of up to $33.9 million in Defense Department articles, services, and military training. The delegation is conditioned on fulfilling statutory notification requirements.

Federal Register Open PDF 81 FR 68927

Impact dates

  1. Execution of delegated authorities subject to statutory notification requirements (no fixed deadline in document)

Key directives

  • Delegate authority to Secretary of State to transfer up to $50 million FY 2010 supplemental INCLE funds to Economic Support Fund under FAA section 610
  • Delegate authority to determine national security importance and furnish up to $50 million FY 2010 supplemental INCLE assistance without regard to other law under FAA section 614(a)(1)
  • Delegate authority to determine and direct drawdown of up to $33.9 million in articles, services, and military education/training from DoD under FAA section 506(a)(2)(A)(i)(II)
  • Condition delegation on fulfilling notification requirements under FAA sections 614(a)(3) and 652, and section 7009(d) of P.L. 111-117
  • Direct Secretary of State to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect upon signing
  • Secretary authorized to make determinations and execute transfers/drawdowns

Near term (90d)

  • Potential execution of $50 million INCLE transfer
  • Potential $50 million assistance under section 614 waiver
  • Potential $33.9 million Defense drawdown

Long term

  • Continued U.S. security assistance relationship with Iraq

Risks & tensions

  • Waiver authority under section 614(a)(1) allows bypassing other legal restrictions, raising oversight concerns
  • Use of FY 2010 supplemental funds in 2016 suggests reliance on old appropriations; potential budgetary or legal complexity
  • Conditioning on sections 614(a)(3) and 652 implies congressional notification requirements that may create political friction
  • Document does not specify end date for delegated authorities
Presidential Memorandum: Delegations of Authority Under Sections 610, 614(a)(1), and 506(a)(2)(A)(i)(II) of the Foreign Assistance Act of 1961 · Executive Orders