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Presidential Memorandum

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

This memorandum delegates to the Secretary of State the President's authority under Section 506(a)(1) of the Foreign Assistance Act of 1961 to direct the drawdown of up to $350 million in U.S. defense articles, services, and military education and training to provide assistance to Ukraine. The delegation includes authority to make the required statutory determinations for such a drawdown.

Federal Register Open PDF 88 FR 18955

Impact dates

  1. Federal Register publication directed (filed 3-28-23 per header)

Key directives

  • Delegate authority under Section 506(a)(1) of FAA to Secretary of State
  • Authorize drawdown of up to $350 million in defense articles, services, and military education and training for Ukraine
  • Authorize Secretary of State to make required determinations under Section 506(a)(1)
  • Direct publication of memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority to Secretary of State takes effect upon signing
  • Secretary of State authorized to direct $350M drawdown and make required determinations

Near term (90d)

  • Potential execution of defense articles and services drawdown for Ukraine

Long term

  • Sustained U.S. military assistance framework for Ukraine under delegated authority

Risks & tensions

  • Delegation concentrates drawdown authority in Secretary of State rather than presidential-level decision for this tranche
  • Drawdown reduces U.S. defense stockpiles; replenishment timing unclear
  • Statutory cap and prior drawdowns may affect cumulative availability under FAA authorities
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders