Waiver of Limitation on Obligation and Expenditure of $642.5 Million in Fiscal Year 2007 Economic Support Funds for Iraq

Memorandum for the Secretary of State

Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 1314(c)(2) of (Public Law 110-28)(the ``Act''), I hereby waive the requirements of section 1314(c)(1) for $642.5 million of Fiscal Year 2007 Economic Support Funds for Iraq and direct you to submit to the Congress this determination along with the certification in accordance with section 1314(c)(2) of the Act. [FR: 19 Jul '07]

In essence Congress incorporated the benchmarks put forth by the Administration into P.L. 110-28 (Supplemental), and included a reporting requirement before that particular half-billion could be spent. (Sec. 1314 et. seq.)

Unless he invoked the waiver provision:

(c) Limitations on Availability of Funds.-- (2) Waiver authority.--The <> President may waive the requirements of this section if he submits to Congress a written certification setting forth a detailed justification for the waiver, which shall include a detailed report describing the actions being taken by the United States to bring the Iraqi government into compliance with the benchmarks set forth in subsection (b)(1)(A). The certification shall be submitted in unclassified form, but may include a classified annex.

The requirements of (c)(2) having been punted to Rice, it seems the good Doctor owes Congress a "detailed justification" which includes a "detailed report" before those particular funds may be expended. (I think that's it).

So the new Democratic Majority passes out the Supplemental, the President signs the bill, then promptly issues the above Determination, waiving the more specific benchmark reporting in favor of a Congressionally-provided back door?

That just seems so wrong on so many levels.