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

This memorandum delegates to the Secretary of State the authority under Section 614(a)(1) of the Foreign Assistance Act of 1961 to determine that it is in the national security interest of the United States to provide up to $63 million in assistance to Ukraine, waiving any otherwise applicable legal restrictions. The President is using a statutory provision that allows the executive branch to bypass standard foreign aid requirements when national security demands it. In practice, this clears the path for expedited assistance to be delivered to Ukraine.

The primary party affected is Ukraine, which receives the assistance, and the U.S. Department of State, which is empowered to authorize and oversee the disbursement. American taxpayers fund the assistance through existing appropriations, though the amount represents a targeted tranche rather than a new spending authorization.

Presidential memoranda like this one are a standard tool for delegating specific statutory powers to cabinet officials. The underlying authority here comes from Congress through the Foreign Assistance Act, and the President is acting within the bounds of that delegation. The use of Section 614(a)(1) waivers to support Ukraine has been employed repeatedly throughout the Biden administration as part of a sustained policy response to Russia's invasion.

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