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

President Biden delegates authority to the Secretary of State to direct a $375 million drawdown of U.S. defense articles and services for Ukraine under Section 506(a)(1) of the Foreign Assistance Act, and to determine whether $103 million in additional assistance to Ukraine is important to U.S. security interests under Section 614(a)(1) without regard to certain legal restrictions. This is a routine procedural delegation of existing presidential authorities to facilitate military aid to Ukraine.

Federal Register Open PDF 89 FR 83761

Impact dates

Date TBD
Federal Register publication directed (no specific date stated)

Key directives

Delegate to Secretary of State authority under section 506(a)(1) of FAA to direct drawdown of up to $375 million in defense articles and services for Ukraine
Delegate to Secretary of State authority under section 614(a)(1) of FAA to determine whether up to $103 million in assistance to Ukraine is important to U.S. security interests without regard to certain legal provisions
Direct publication of memorandum in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

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

Near term (90d)

Potential execution of $375 million defense drawdown
Potential determination on $103 million in assistance

Long term

—

Risks & tensions

Section 614(a)(1) waiver authority allows bypassing normal congressional restrictions, which may raise separation-of-powers concerns
Cumulative Ukraine aid commitments may face political scrutiny depending on electoral context
Document does not specify expiration for delegated authority