Memorandum Within Constitutional Authority

Memorandum on Delegation of Authority To Transfer Certain Funds in Accordance With Section 610 of the Foreign Assistance Act of 1961, as Amended

Issued 2015-04-16 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This presidential memorandum authorizes the Secretary of State to transfer $12.15 million from one foreign aid budget account to another. Specifically, the funds would move from the Nonproliferation, Antiterrorism, Demining, and Related Programs account into the Economic Support Funds account. The transferred money would support programs designed to counter violent extremism.

Rather than making this financial decision himself, the President delegated this authority to the Secretary of State. The transfer must follow requirements established by Congress in the Foreign Assistance Act and appropriations legislation from 2014. The memorandum cites specific legal provisions that must be fulfilled before the money can be moved.

This action affects how previously appropriated foreign aid dollars are allocated among different programs. The delegation allows the State Department to make this specific budgetary adjustment while operating within congressional spending rules. It represents a routine administrative procedure for managing foreign assistance funds across different program categories.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

This presidential memorandum ("Memorandum on Delegation of Authority To Transfer Certain Funds in Accordance With Section 610 of the Foreign Assistance Act of 1961, as Amended") provides direction to executive branch agencies. The stated purpose: "hority, subject to fulfilling the requirements of section 652 of the FAA and section 7009(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (Division K, Public Law 113–76), to make the determinatio..." Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.

Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.

Official Summary

Administration of Barack Obama, 2015 Memorandum on Delegation of Authority To Transfer Certain Funds in Accordance With Section 610 of the Foreign Assistance Act of 1961, as Amended April 16, 2015 Memorandum for the Secretary of State Subject: Delegation of Authority to Transfer Certain Funds in Accordance with Section 610 of the Foreign Assistance Act of 1961, as Amended By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 610 of the Foreign Assistance Act of 1961, as amended (FAA) and section 301 of title 3, United States Code, I hereby delegate to you the authority, subject to fulfilling the requirements of section 652 of the FAA and section 7009(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (Division K, Public Law 113–76), to make the determination necessary for and to execute the transfer of $12.15 million in the Fiscal Year 2014 Nonproliferation, Antiterrorism, Demining, and Related Programs account to the Economic Support Funds account for programs to counter violent extremism. You are authorized and directed to publish this memorandum in the Federal Register . B ARACK <FONT

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