Updated March 20, 2019
Foreign Relations Reauthorization: Background and Issues
Introduction and Current Legislation
Background
Historically, the activities of the Department of State,
In earlier years, Congress enacted several laws that require
related agencies, and foreign assistance have been
foreign affairs appropriations to be authorized prior to
authorized by two separate pieces of legislation. One,
expenditure. These include Section 15 of the State
covering the day-to-day operations of the Department of
Department Basic Authorities Act of 1956 (P.L. 84-885),
State, diplomacy, and international broadcasting, is referred
Section 10 of P.L. 91-672, Section 313 of the Foreign
to as foreign relations authorization or State Department
Relations Authorization Act, FY1994 and FY1995 (P.L.
authorization. The second is referred to as foreign
103-236), and Section 504(a)(1) of the National Security
assistance authorization and provides for the spending of
Act of 1947 (P.L. 80-253). One motivation behind these
monies on promoting U.S. foreign policy objectives around
requirements was to assert the role of the foreign affairs
the world through economic development programs,
authorizing committees in budgetary decision making.
security assistance, refugee and disaster assistance, and
multilateral aid.
The foreign relations authorization laws for the State
Department and related agencies are intended to coincide
House and Senate foreign affairs authorizing committees
with the annual appropriations process and authorize
are expected to introduce State Department or foreign
specific levels for subsequent foreign affairs appropriations,
relations authorization legislation in the 116th Congress as
usually for the next year or two. These laws can also
they did in the 115th (H.R. 5592 and S. 1631, respectively).
become vehicles for Congress to address a range of foreign
In addition to authorizing appropriations, both may be
affairs policies, make changes to agencies or functions, and
expected to address issues such as Administration efforts to
mandate reporting requirements. (Stand-alone foreign
reform the State Department and USAID, diversity hiring,
assistance reauthorization has not been enacted since 1985,
and diplomatic security.
but aid provisions have been included in some past foreign
relations authorizations.)
Although comprehensive foreign relations reauthorization
legislation has not been enacted since the 107th Congress in
Relevance of Foreign Relations
2003, the 114th Congress passed what it named the
Reauthorization
Department of State Authorities Act, Fiscal Year 2017 (P.L.
While the Constitution does not definitively answer which
114-323). Unlike past comprehensive foreign relations
branch of government maintains primacy in all aspects of
authorizations, this law did not include authorizations of
foreign affairs, it gives Congress the power to consider
appropriations. When a foreign relations reauthorization
legislation to provide funding, specific policies, and
does not specifically authorize appropriations, waivers of
oversight of the implementation of foreign policy. In recent
this requirement are included in the annual appropriations
years, some have expressed concerns that the President is
bills. When authorization requirements are not enacted,
conducting foreign policy without sufficient recognition of
foreign policy provisions often are inserted in the general
Congress’s constitutional and statutory prerogatives.
provisions title. Typically, these provisions would be
Among the areas where some believe Congress could assert
effective only for the duration of the appropriations law and
its authorities is the regular passage of comprehensive
would face renegotiation the following year. In addition,
foreign relations reauthorization laws, which has not
foreign policy-related legislation is often inserted into other
occurred since the Foreign Relations Authorization Act,
legislative vehicles, or in stand-alone legislation.
Fiscal Year 2003 (P.L. 107-228) was enacted.
Department of State Authorities Act,
Some assert that reestablishing a tradition of regularly
Fiscal Year 2017
enacting foreign relations authorization legislation also has
As noted, this law did not include an authorization of
several potential implications, including that it might
appropriations and, thus, was referred to as an authorities
act rather than as an authorization act. Some of the
fulfill a key responsibility of the House Foreign Affairs
measures that were included, however, are significant with
and Senate Foreign Relations Committees;
respect to how the Department of State is to operate in
provide Members of Congress and their staffs more
future years. For example, the law addressed some of the
opportunity to consult with State Department and
Benghazi Accountability Review Board recommendations
USAID officials, international broadcasting board
regarding high-risk, high-threat posts, diplomatic security,
members, and other foreign affairs experts to coordinate
and training. It also addressed UN peacekeeping issues,
on foreign policy;
cost-of-living adjustments for civilian personnel stationed
create a legislative vehicle for Members of Congress to
abroad, and public diplomacy and international
participate in establishing foreign policy priorities;
broadcasting policy, among other issues.
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Foreign Relations Reauthorization: Background and Issues
encourage an ongoing discussion regarding security
Congress has waived the foreign relations authorization
assistance funding, oversight, and cooperation between
requirement 19 times.
the Departments of State and Defense;
provide a vehicle to reform, reorganize, create, or
Enacted Reauthorizations
eliminate agencies, offices, or functions, as needs arise;
FY
P.L.
Length of Auth.
and/or
act as a venue for setting funding ceilings for State
1984-1985
P.L. 98-164
2-year
Department operations and activities as situations arise
or world-views change.
1986-1987
P.L. 99-93
2-year
Why Not Enacted?
1988-1989
P.L. 100-204
2-year
A frequently cited reason for preventing the enactment of a
1990-1991
P.L. 101-246
2-year
foreign relations reauthorization is the potential for
1992-1993
P.L. 102-138
2-year
controversial provisions in the legislation, particularly when
one party does not control both the House and Senate.
1994-1995
P.L. 103-236
2-year
Disagreement on international family planning policy, for
1998-1999
P.L. 105-277
2-year
example, often has been an issue that stalled past bills.
Additionally, constituent distaste for spending U.S. tax
2000-2001
P.L. 106-113
2-year
dollars overseas may be a contributing factor. Because of
2003
P.L. 107-228
1-year
this, many Members of Congress may prefer not to vote
multiple times to support foreign affairs appropriations or
2017
P.L. 114-323
1-year authorities
policies.
Note: P.L. 114-323 did not include the authorization of funding.
Timing of Authorization Legislation
Waived Reauthorizations
Typically, the chairperson of the House Foreign Affairs
and/or Senate Foreign Relations Committees introduces a
FY
P.L.
Div.
Title
Sec.
foreign relations authorization bill in the first year of a
Congress with the intention of seeing it enacted before the
1996
P.L. 104-134
—
IV
405
fiscal year it is to take effect. For instance, the most recent
1997
P.L. 104-208
A
IV
404
comprehensive authorization law enacted (P.L. 107-
228/H.R. 1646) was introduced in the House on April 27,
2002
P.L. 107-77
—
IV
405
2001 (a year and a half before the date of enactment) and
2004
P.L. 108-199
B
IV
407
passed by the full House on May 16, 2001. A year later, it
was taken up and passed by the Senate Foreign Relations
2005
P.L. 108-447
B
IV
410
Committee and passed in the full Senate by unanimous
2006
P.L. 109-108
—
IV
407
consent on May 1, 2002. The conference report was agreed
to on September 25-26, 2002, by the House and Senate,
2007
P.L. 110-5
B
I
108
respectively, and the bill was signed into law on September
2008
P.L. 110-161
J
I
110
30, 2002, for implementation October 1, 2002 (FY2003).
2009
P.L. 111-8
H
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In each of the 111th, 112th, and 113th Congresses, the Chair
of the House Foreign Affairs Committee introduced a
2010
P.L. 111-117
F
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foreign affairs authorization bill that was passed by the full
2011
P.L. 112-10
B
I
1108
House. The bill was then sent to the Senate where no action
on it was taken. The Chair of the Senate Foreign Relations
2012
P.L. 112-74
I
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Committee introduced an authorization bill in each of these
2013
P.L. 113-6
F
I
1108
Congresses, but the Senate took no further action on them.
2014
P.L. 113-76
K
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History of Foreign Relations
Authorization Actions
2015
P.L. 113-235
J
VII
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Throughout the 1970s, 1980s, and the first half of the
2016
P.L. 114-113
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1990s, foreign relations authorization laws were enacted
2017
P.L. 115-31
J
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every year or two. Since 1996, comprehensive foreign
relations authorization legislation has been enacted three
2018
P.L. 115-141
K
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times: for FY1998-FY1999 (P.L. 105-277), FY2000-
2019
P.L. 116-6
F
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FY2001 (P.L. 106-113), and FY2003 (P.L. 107-228). Those
laws authorized a wide array of foreign policy actions. For
example, the FY2003 law set ceilings for State Department
expenditure of FY2003 appropriations, established U.S.
Cory R. Gill, Analyst in Foreign Affairs
policy with respect to Jerusalem as the capital of Israel,
Emily M. Morgenstern, Analyst in Foreign Assistance and
allocated funds for the American Corners in the Russian
Foreign Policy
Federation, and included the Iran Nuclear Proliferation
Prevention Act of 2002, among others. Since 2003,
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Foreign Relations Reauthorization: Background and Issues
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