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 $150 million in U.S. defense articles, services, and military training for Ukraine under the Foreign Assistance Act, plus authority to waive legal restrictions on up to $12 million in additional assistance to Ukraine if deemed important to U.S. security interests.

Federal Register Open PDF 89 FR 64343

Impact dates

Date TBD
Federal Register publication filing

Key directives

Delegate to Secretary of State authority under section 506(a)(1) of FAA to direct drawdown of up to $150 million in defense articles, services, and military education and training for Ukraine
Delegate to Secretary of State authority under section 614(a)(1) of FAA to determine importance to U.S. security interests for up to $12 million in assistance to Ukraine without regard to legal restrictions
Authorize and direct publication of memorandum in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of authority takes effect upon memorandum date
Secretary of State authorized to direct $150M drawdown and $12M waiver

Near term (90d)

Potential execution of defense articles drawdown for Ukraine
Potential invocation of section 614(a)(1) waiver authority

Long term

Continued U.S. security assistance to Ukraine under delegated framework

Risks & tensions

Section 614(a)(1) waiver allows bypassing normal legal restrictions on foreign assistance, raising oversight concerns
Drawdown authority reduces DoD stockpiles; replenishment timing and costs unclear
Cumulative Ukraine assistance levels may face congressional scrutiny
Document does not specify end date for delegated authority or conditions for its exercise