What is Presidential drawdown authority?

During a crisis, Section 506, FAA, authorizes the President to provide USG articles, services, and training to friendly countries and international organizations at no cost, including transportation and spares. The President must report to Congress before any such drawdown can occur.

Special drawdown authorities have been annually legislated in the Department of State, Foreign Operations, and Related Programs Appropriations Acts. When the USG avails DoW defense articles, services, or training via drawdowns, DSCA administers these non-appropriated authorities.

If the President determines and reports to Congress that an unforeseen military emergency exists that requires immediate military assistance to a foreign country or international organization and that such emergency requirement cannot be met under the AECA or any other authority, the President may direct the drawdown of defense articles, services, or training from the DoW of an aggregate value not to exceed $100 million in any fiscal year [Section 506(a)(1), FAA].

A second special drawdown authority of $200 million in defense articles, services, and training for each fiscal year has also been established [Section 506(a)(2), FAA]. The authorized purposes for the latter drawdown authority include counternarcotics, antiterrorism, nonproliferation, disaster relief, migration and refugee assistance, and support of Vietnam War era missing-in-action/prisoners-of-war (MIA/POW) location and repatriation efforts. Limitations imposed on this drawdown includes not more than $75 million may come from DoW resources, not more than $75 million may be provided in support of counter-narcotics, and not more than $15 million may be provided in support of Vietnam War era MIA/POW location and repatriation. While all Section 506 drawdown actions require notification to Congress, drawdowns in support of counternarcotics or antiterrorism assistance require at least fifteen days advance notification before taking place.

The drawdown of commodities and services is authorized from the inventory and resources of any agency of the USG of an aggregate value not to exceed $25 million in any FY to meet an unforeseen emergency requirement for peacekeeping operations.

The following general guidelines and policies have evolved for execution of drawdowns:

• Equipment to be provided must be physically on-hand (excess or non-excess).
• No new contracting is authorized to support drawdowns (may use commercial contracts for transportation services only if scope of existing contracts encompass drawdown requirement).
• Services must reimburse the Defense Logistics Agency (DLA) for any working capital fund material or services provided in support of drawdowns.
• Service tasked with providing specific equipment will fund transportation to final destination.
• Airlift and sealift can only be provided using military air or sealift (MILAIR/MILSEA) or appropriate time-charter contracts if the scope of existing contracts cover the proposed use.
• Where possible, complete support packages are normally provided for any major end items.

In general, equipment and spare parts now being provided under drawdown are increasingly coming from units, prepositioned equipment storage, or operational logistics stocks. Residual equipment that is excess and can be released without adverse operational impact is increasingly in very poor condition requiring significant repair or refurbishment. Where such repair can be legally performed under drawdown authority, it only adds to the DoW operational and maintenance (O&M) funding impact on the services in supporting the drawdown effort.

Drawdowns do not provide additional budget authority to the DoW. The military services (MILSVCs) are required to use currently allocated O&M funds to provide training services, packing, crating, and handling (PC&H) services, transportation services, repair/refurbishment services, and the provision of spare parts or support services from the working capital fund-operated DLA activities.