MemoMemorandumBiden · D

Presidential Memorandum

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

President Biden delegates to the Secretary of State the authority to determine whether up to $35 million in assistance to Ukraine is important to U.S. security interests, allowing this aid to bypass certain legal restrictions under section 614(a)(1) of the Foreign Assistance Act of 1961.

Impact dates

  1. Federal Register publication

Key directives

  • Delegate authority under section 614(a)(1) of FAA to Secretary of State
  • Authorize up to $35 million in assistance to Ukraine without regard to certain legal provisions
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of authority takes effect upon memorandum date

Near term (90d)

  • Potential $35 million assistance determination and disbursement

Long term

Risks & tensions

  • Relatively small dollar amount ($35M) limits structural impact
  • Late-term delegation (November 2024) with potential administration change in January 2025 creates execution uncertainty
  • Section 614(a)(1) waivers typically used for sensitive security assistance; signals urgency or legal complexity
Presidential Memorandum: Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961 · Executive Orders