Memorandum on Delegation of Authority Under Section 506(a)(3) of the Foreign Assistance Act of 1961

This memorandum delegates to the Secretary of State the authority under Section 506(a)(3) of the Foreign Assistance Act of 1961 to direct the drawdown of up to $567 million in defense articles, services, military equipment, and training from the Department of Defense to provide assistance to Ukraine. Section 506(a)(3) allows the President to authorize the transfer of defense items from existing U.S. military stocks without additional congressional appropriation, subject to notification requirements.

The memorandum directly empowers the Secretary of State to authorize this major tranche of military support, which would be drawn from existing Department of Defense inventories. Ukraine is the primary beneficiary. U.S. defense agencies and the State Department are responsible for identifying and transferring the specific articles and services. American taxpayers bear the cost through the reduction in existing U.S. military stocks, though Congress appropriates funds to replenish those stocks over time.

This mechanism is a standard tool in U.S. foreign military assistance and operates within the bounds of statutory authority granted by Congress. The use of delegated drawdown authority to support Ukraine has been a consistent feature of the Biden administration's response to the war. The action is constitutionally sound but is subject to congressional oversight through required notifications and the replenishment appropriations process.

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