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Updated March 28, 2024
Foreign Relations Reauthorization: Background and Issues
Introduction
2016, however, Congress has passed four authorizing laws
The Constitution gives Congress the power to provide
that include new DOS authorities, congressional oversight
funding, authorize programs, and conduct oversight with
provisions, and certain authorizations of appropriations.
respect to the implementation of foreign policy. In
Factors inhibiting the passage of comprehensive
exercising these powers, Congress has enacted several laws
reauthorization laws may include disagreements among
requiring foreign affairs appropriations to be authorized
Members over controversial foreign affairs issues and
prior to expenditure. These include Section 504(a)(1) of the
reticence among some Members to vote multiple times for
National Security Act of 1947 (50 U.S.C. §3094(a)(1));
overseas spending that may be unpopular with constituents.
Section 15 of the State Department Basic Authorities Act of
1956 (22 U.S.C. §2680); Section 10 of An Act to amend the
In the absence of comprehensive reauthorization laws,
Foreign Military Sales Act, and for other purposes (22
Congress typically waives the aforementioned statutory
U.S.C. §2412); and Section 313 of the Foreign Relations
reauthorization requirements in Department of State,
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
Foreign Operations, and Related Programs (SFOPS)
§6212). One motivation for such requirements is to assert
appropriations measures (see Table 1).
the role of the foreign affairs authorizing committees in
budgetary decision-making. Congress also utilizes these
Table 1. Reauthorization Actions Since 2003
laws as vehicles to address a range of foreign affairs
FY
Action
P.L.
Div.
Title
Sec.
policies, make changes to agencies or functions, and
establish reporting requirements.
2003
Enacted P.L. 107-228 —
—
—
2004
Waived P.L. 108-199 B
IV
407
Authorization-Appropriations Process
2005
Waived P.L. 108-447 B
IV
410
An avenue for exercising Congress's power of the purse is the
authorization and appropriation of federal spending to carry
2006
Waived P.L. 109-108 —
IV
407
out government activities. The formal process generally
2007
Waived P.L. 110-5
B
I
108
consists of: (1) enactment of an authorization measure that
may create or continue an agency, program, or activity as well
2008
Waived P.L. 110-161 J
I
110
as authorize the subsequent enactment of appropriations; and
2009
Waived P.L. 111-8
H
VII
7023
(2) enactment of appropriations to provide funds for the
authorized agency, program, or activity. For additional detail,
2010
Waived P.L. 111-117 F
VII
7023
see CRS Report RS20371, Overview of the Authorization-
Appropriations Process, by Bil Heniff Jr.
2011
Waived P.L. 112-10
B
I
1108
2012
Waived P.L. 112-74
I
VII
7022
Historically, Congress adhered to these statutory
2013
Waived P.L. 113-6
F
I
1108
requirements by enacting two types of foreign affairs
authorizing legislation on a regular basis. One, covering the
2014
Waived P.L. 113-76
K
VII
7022
day-to-day operations of the State Department (DOS),
2015
Waived P.L. 113-235 J
VII
7022
diplomacy, and international broadcasting, is referred to as
foreign relations authorization or State Department
2016
Waived P.L. 114-113 K
VII
7022
authorization. The second, which is not the focus of this
2017
Enacted
P.L. 114-323 —
—
—
product, is referred to as foreign assistance authorization
and authorizes spending on matters such as economic
2018
Waived P.L. 115-141 K
VII
7022
development programs, selected security assistance,
2019
Waived P.L. 116-6
F
VII
7022
disaster assistance, and multilateral aid. The House Foreign
2020
Waived P.L. 116-94
G
VII
7022
Affairs Committee (HFAC) and Senate Foreign Relations
Committee (SFRC) have jurisdiction over both
2021
Enacted
P.L. 117-81
E
—
—
authorization measures. In addition to establishing,
2022
Enacted
P.L. 117-263 I
—
—
terminating, and otherwise shaping foreign affairs programs
and activities, these bills authorize funding levels to guide
2023
Enacted
P.L. 118-31
F
—
—
congressional appropriators.
Notes: FYs where “Enacted” is italicized indicate a partial
authorization was enacted that necessitated a waiver. Italicized FYs
Congress has not passed a comprehensive foreign relations
indicate authorization measures that referred to the calendar year,
reauthorization law since 2002 (the Foreign Relations
rather than the fiscal year.
Authorization Act, Fiscal Year 2003; P.L. 107-228). Since
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Appropriators, who pass legislation annually to ensure
• established a Commission on Reform and
continued government operations, include foreign affairs
Modernization of the Department of State, whose work
policy directives and reporting requirements in
remains ongoing, to offer recommendations to the
appropriations laws that some may argue are better suited
legislative and executive branches as to how DOS can
for an authorization measure. Some observers assert that
modernize to advance U.S. interests;
these developments have resulted in appropriators taking a
• addressed diplomatic security and embassy construction
primary role in aspects of congressional foreign
with the intention of enabling DOS to more
policymaking that would otherwise fall under the remit of
appropriately weigh security risks with the priority of
SFRC and HFAC.
allowing U.S. diplomats abroad to engage with foreign
Relevance of Foreign Relations
government officials and other stakeholders;
Reauthorization
• sought to bolster DOS’s diversity, equity, inclusion, and
accessibility programming through measures intended to
In recent years, some Members of Congress and other
strengthen recruitment of persons belonging to
observers have expressed concerns that the executive
underrepresented groups and provide for performance
branch conducts foreign policy without sufficient
and advancement requirements that reward efforts to
recognition of congressional prerogatives. Among the areas
foster an inclusive environment; and
where Congress can assert its authority in this regard is the
•
regular passage of comprehensive foreign relations
worked to enhance DOS’s delivery of passport services
reauthorization laws. Proponents argue that such action
by authorizing the Secretary of State to appoint
would have several potential implications, including:
additional passport personnel and providing customer
service improvements for passport applicants.
• fulfilling a key responsibility of HFAC and SFRC;
•
Issues for Congress
serving as a means for HFAC and SFRC to provide
As Congress weighs a possible DOS authorization measure
funding guidance to the appropriators for DOS
in the second session of the 118th Congress, Members may
operations and activities;
•
consider the following issues:
creating a consistent legislative vehicle for Congress to
participate in establishing foreign policy priorities
Scope of Authorizing Legislation. While Congress has
and/or reforming, reorganizing, creating, or eliminating
enacted DOS authorization laws on a more regular basis in
agencies, offices, or functions; and
recent years, it has refrained from passing legislation that
• providing Congress more opportunity to consult with
authorizes expenditures across a broad range of
DOS to coordinate foreign policy.
appropriations accounts since 2002. In the 118th Congress,
Members might seek to build upon recently enacted laws
Recent Congressional Action
and work to pass a broader measure that establishes
In December 2016, Congress enacted the Department of
congressional priorities for and oversight of DOS
State Authorities Act, Fiscal Year 2017 (P.L. 114-323).
expenditures. To do so, however, might require Congress to
While this law did not provide any authorizations of
resolve disputes that have stymied past efforts to enact
appropriations, it included new authorities and oversight
comprehensive reauthorization legislation.
measures pertaining to DOS operations, including
diplomatic security, embassy construction, and personnel
Appropriate Legislative Vehicle. In the past three years,
management. Although DOS authorization measures
Congress succeeded in passing DOS authorization laws in
introduced in the 115th and 116th Congresses (e.g., see H.R.
part by attaching them to the annual NDAA. However,
5592, 115th Congress; and H.R. 3352, 116th Congress)
some stakeholders have expressed concern that use of this
enjoyed bipartisan support, they did not become law. Table
legislative vehicle may afford other congressional
1 illustrates that in the 117th Congress, Congress began
committees that generally do not exercise jurisdiction over
what has become a recurring practice of attaching DOS
DOS undue influence in determining the scope and content
authorization measures to the annual National Defense
of DOS authorizing measures. Congress could seek to
Authorization Act (NDAA). Among other provisions, these
address this concern by passing stand-alone DOS
laws
authorizing laws. Given the absence of stand-alone laws in
recent decades, it is unclear whether the leadership of
• authorized appropriations for the Embassy Security,
HFAC and SFRC, along with other Members supportive of
Construction, and Maintenance SFOPS appropriations
passing regular DOS authorizing laws, could garner
account and, separately, purposes including promoting
requisite support. Further, some Members of Congress who
global internet freedom and building the cybersecurity
may have supported DOS authorization laws largely in the
capacity of partner countries;
interest of ensuring continued annual passage of an NDAA
• authorized senior DOS positions and operating units and may be more disposed to vote against a stand-alone
specified their responsibilities, including the Assistant
measure they find objectionable or unnecessary.
Secretary of State for International Narcotics and Law
Enforcement Affairs and the Bureau of Cyberspace and
Cory R. Gill, Analyst in Foreign Affairs
Digital Policy;
IF10293
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Foreign Relations Reauthorization: Background and Issues
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