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MemoMemorandumBiden · D Quiet signal

Presidential Memorandum

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

This memorandum delegates presidential authority to the Secretary of State to direct a drawdown of up to $2.85 billion in Defense Department defense articles, services, and military education/training to provide assistance to Ukraine under Section 506(a)(1) of the Foreign Assistance Act of 1961. The Secretary of State is also authorized to make the required determinations for such drawdowns and to publish this memorandum in the Federal Register.

Federal Register Open PDF 88 FR 2795

Impact dates

  1. Federal Register filing

Key directives

  • Delegate authority under Section 506(a)(1) of FAA to Secretary of State
  • Direct drawdown of up to $2.85 billion in DoD defense articles, services, and military education/training for Ukraine
  • Authorize Secretary of State to make required determinations
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect
  • Secretary of State authorized to direct drawdown and make determinations

Near term (90d)

  • Potential execution of defense articles/services drawdown
  • Federal Register publication (filed January 17, 2023)

Long term

  • Sustained U.S. military assistance to Ukraine
  • Depletion of DoD stocks requiring replenishment or budgetary action

Risks & tensions

  • Large dollar amount ($2.85B) may strain DoD inventories requiring replenishment funding
  • Drawdown authority bypasses normal congressional appropriations timing
  • Potential interagency tension between State and Defense on execution priorities
  • No explicit sunset or expiration date specified in delegation
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders