Updated June 25, 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 decisionmaking.
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
Comprehensive foreign relations reauthorization legislation
with the annual appropriations process and authorize
has not been enacted since the 107th Congress in 2003.
specific levels for subsequent foreign affairs appropriations,
When a foreign relations reauthorization does not
usually for the next year or two. These laws can also
specifically authorize appropriations, waivers of this
become vehicles for Congress to address a range of foreign
requirement are included in the annual appropriations bills.
affairs policies, make changes to agencies or functions, and
When authorization requirements are not enacted, foreign
mandate reporting requirements. (Stand-alone foreign
policy provisions often are inserted in the general
assistance reauthorization has not been enacted since 1985,
provisions title. Typically, these provisions would be
but aid provisions have been included in some past foreign
effective only for the duration of the appropriations law and
relations authorizations.)
would face renegotiation the following year. In addition,
foreign policy-related legislation is often inserted into other
Relevance of Foreign Relations
legislative vehicles, or in stand-alone legislation.
Reauthorization
While the Constitution does not definitively answer which
In the 116th Congress, the House Foreign Affairs
branch of government maintains primacy in all aspects of
Committee has introduced a State Department authorities
foreign affairs, it gives Congress the power to consider
bill (H.R. 3352); there is no companion bill yet in the
legislation to provide funding, specific policies, and
Senate. As it is an authorities bill, it is not expected to
oversight of the implementation of foreign policy. In recent
include the authorization of appropriations, but is likely to
years, some have expressed concerns that the President is
address issues such as Administration efforts to reform the
conducting foreign policy without sufficient recognition of
State Department and USAID, diversity hiring, and
Congress’s constitutional and statutory prerogatives.
diplomatic security.
Among the areas where some believe Congress could assert
its authorities is the regular passage of comprehensive
Department of State Authorities Act,
foreign relations reauthorization laws, which has not
Fiscal Year 2017
occurred since the Foreign Relations Authorization Act,
The 114th Congress passed what it named the Department
Fiscal Year 2003 (P.L. 107-228) was enacted.
of State Authorities Act, Fiscal Year 2017 (P.L. 114-323).
This law did not include an authorization of appropriations
Some assert that reestablishing a tradition of regularly
and, thus, was referred to as an authorities act rather than as
enacting foreign relations authorization legislation also has
an authorization act. Some of the measures that were
several potential implications, including that it might:
included, however, are significant with respect to how the
Department of State is to operate in future years. For
fulfill a key responsibility of the House Foreign Affairs
example, the law addressed some of the Benghazi
and Senate Foreign Relations Committees;
Accountability Review Board recommendations regarding
provide Members of Congress and their staffs more
high-risk, high-threat posts, diplomatic security, and
opportunity to consult with State Department and
training. It also addressed UN peacekeeping issues, cost-of-
USAID officials, international broadcasting board
living adjustments for civilian personnel stationed abroad,
members, and other foreign affairs experts to coordinate
and public diplomacy and international broadcasting policy,
on foreign policy;
among other issues.
create a legislative vehicle for Members of Congress to
participate in establishing foreign policy priorities;
https://crsreports.congress.gov
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 worldviews 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
VII
7023
In each of the 111th, 112th, and 113th Congresses, the Chair
2010
P.L. 111-117
F
VII
7023
of the House Foreign Affairs Committee introduced a
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
VII
7022
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
VII
7022
History of Foreign Relations
Authorization Actions
2015
P.L. 113-235
J
VII
7022
Throughout the 1970s, 1980s, and the first half of the
2016
P.L. 114-113
K
VII
7022
1990s, foreign relations authorization laws were enacted
2017
P.L. 115-31
J
VII
7022
every year or two. Since 1996, comprehensive foreign
relations authorization legislation has been enacted three
2018
P.L. 115-141
K
VII
7022
times: for FY1998-FY1999 (P.L. 105-277), FY2000-
2019
P.L. 116-6
F
VII
7022
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,
IF10293
https://crsreports.congress.gov
Foreign Relations Reauthorization: Background and Issues
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10293 · VERSION 9 · UPDATED