ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

Delegation of Authority Under Section 506(a)(1) and Section 614(a)(1) of the Foreign Assistance Act of 1961

President Biden delegates to the Secretary of State the authority to direct a drawdown of up to $800 million in defense articles and services for Ukraine under the Foreign Assistance Act, plus authority to waive legal restrictions on up to $122 million in additional assistance. This is a procedural delegation of existing presidential authorities to a cabinet member.

Federal Register Open PDF 88 FR 44671

Impact dates

  1. Federal Register publication (filing occurred 2023-07-12)

Key directives

  • Delegate to Secretary of State authority to direct drawdown of up to $800 million in defense articles and services for Ukraine
  • Delegate to Secretary of State authority to determine security importance of waiving legal restrictions on up to $122 million in assistance to Ukraine
  • Direct publication in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon signing
  • Secretary of State gains drawdown authority

Near term (90d)

  • Potential execution of defense articles drawdown
  • Potential waiver-based assistance disbursement

Long term

  • Sustained Ukraine security assistance pipeline

Risks & tensions

  • Section 614(a)(1) waiver authority bypasses normal congressional restrictions, raising separation-of-powers tension
  • Cumulative aid to Ukraine may face political scrutiny amid competing domestic priorities
  • Drawdown from DOD stocks could affect U.S. military readiness if sustained
Presidential Memorandum: Delegation of Authority Under Section 506(a)(1) and Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders