The U.S. Department of State: Background and Selected Issues for the 118th Congress

The U.S. Department of State: Background and Selected Issues for the 118th Congress

Updated February 23, 2024
The U.S. Department of State: Background and Selected Issues
for the 118th Congress
Background
authorization since 2002. However, Congress has attached
Created by an act of Congress in 1789, the U.S. Department
DOS authorization measures to the three most recent
of State (DOS) is the executive branch’s lead foreign affairs
National Defense Authorization Acts (including Division F
agency and oldest cabinet agency. DOS’s stated mission is
of P.L. 118-31, the FY2024 NDAA). Among other matters,
“to protect and promote U.S. security, prosperity, and
these laws authorized appropriations for various purposes
democratic values and shape an international environment
(e.g., the most recent measure authorized $150 million to
in which all Americans can thrive.” The Secretary of State,
build the cybersecurity capacity of partner countries and
appointed by the President with Senate advice and consent,
advance related priorities), authorized senior DOS positions
is DOS’s senior officer and the President’s principal foreign
and operating units, and established a new legislative
affairs adviser. The Secretary is supported by over 79,000
commission to recommend how DOS can modernize to
DOS employees, including around 14,000 Foreign Service
better advance U.S interests.
personnel, 12,000 Civil Service employees, and 50,000
Locally Employed Staff (largely host country nationals
Strategic Planning
working at overseas posts).
DOS utilizes a core strategic planning process intended to
prioritize resources, coordinate with interagency partners,
DOS’s organizational structure includes over 30 regional
and make informed decisions to achieve what it calls “the
and functional bureaus. Six regional bureaus, along with the
most effective U.S. foreign policy outcomes.” The
Bureau of International Organization Affairs, oversee 279
objectives DOS derives from its strategic planning are used
overseas posts, including 175 embassies and 88 consulates.
for purposes including preparing the DOS annual budget
Congress vests authority in DOS Chiefs of Mission (COMs,
request to Congress.
usually U.S. ambassadors), under presidential direction,
with “full responsibility” for leading all executive branch
DOS’s core strategic planning takes place at several levels.
employees within their country of assignment, with the
Congress, through the Government Performance and
exception of Voice of America correspondents and
Results Act (GPRA) Modernization Act of 2010 (P.L. 111-
employees under a United States area military commander.
352), requires DOS and other agencies to prepare
quadrennial strategic plans outlining their goals and
Key Laws Governing State Department Operations
objectives. DOS and the U.S. Agency for International
Congress has provided statutory frameworks for aspects of
Development (USAID, which is under DOS’s policy
DOS’s operations through laws such as the following:
guidance) fulfill this requirement through publication of
•
shared Joint Strategic Plans (JSPs). JSPs seek to align
the State Department Basic Authorities Act of
DOS’s priorities with the executive branch’s top-level
1956 (P.L. 84-885), which authorizes DOS’s
strategic documents (such as the National Security
organizational structure, including senior positions
Strategy) and guide bureau and mission planning.
such as the Secretary of State and the Deputy
Secretary of State, and requires the Secretary to
DOS bureaus develop Joint Regional and Functional
supervise and direct DOS;
Bureau Strategies (JRS or FBS), while overseas missions
• the Foreign Service Act of 1980 (P.L. 96-465),
prepare country-level Integrated Country Strategies (ICS).
which is the statutory means through which the
Regional bureaus are required to develop their JRS with the
State Department administers the Foreign Service,
applicable USAID regional bureau. These strategies must
providing for appointment, promotion, and
include bureau and mission goals, or long-term ambitions
separation procedures; this law also authorizes
that are unlikely to be fully accomplished within four years
COMs to direct U.S. diplomatic efforts; and
yet communicate priorities to stakeholders; bureau and
•
mission objectives that are specific, measurable end-states
the Omnibus Diplomatic Security and
that may be achieved within four years; and shorter-term
Antiterrorism Act of 1986 (P.L. 99-399), which
(12-18 month) sub-objectives tied to the day-to-day work of
tasks the Secretary of State with, among other
the bureau or mission.
responsibilities, protecting U.S. government
personnel on official duty abroad.
Budget
Congress funds DOS primarily through Department of
Congress has utilized State Department authorization bills
State, Foreign Operations, and Related Programs (SFOPS)
to authorize funding for DOS and oversee department
appropriations bills. Since FY2021, Congress has
operations. Congress uses these bills to amend previously
appropriated approximately $70-$85 billion annually for
described key laws or provide new measures. Congress has
SFOPS, including emergency funds for contingencies such
not passed a standalone, comprehensive State Department
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The U.S. Department of State: Background and Selected Issues for the 118th Congress
as the COVID-19 pandemic and Russia’s invasion of
security. Per the 2022 State Department authorization law,
Ukraine (Figure 1).
Congress created a commission tasked with examining “the
changing nature of diplomacy” and offering
Figure 1. SFOPS Requests and Funding
recommendations for modernizing DOS’s structure and
operational practices to best advance U.S. interests. The law
provides that up to 4 of the commission’s 16 members may
be Members of Congress. As the commission begins its
work, Members who are not part of the commission may
wish to follow its proceedings, participate in commission
briefings to Congress, and/or share their views regarding
potential commission recommendations.
Diversity, Equity, Inclusion, and Accessibility (DEIA).
While the Foreign Service Act calls for a Foreign Service
that is “representative of the American people,” some

Members argue that DOS faces persistent challenges
Source: Appropriations laws and SFOPS budget requests.
maintaining diverse Foreign and Civil Service workforces.
Notes: Includes rescissions. Requests = Administration Budget
The 2022 and 2023 State Department authorization laws
Requests. OCO = Overseas Contingency Operations, which largely
sought to enhance DOS’s DEIA programming through,
replaced emergency funds to support extraordinary foreign affairs
among other methods, improving the quality and
budget needs from FY2012 to FY2021.
availability of the data DOS collects to illustrate its
workforce demographics and, separately, streamlining
Within SFOPS, the Diplomatic Programs account is DOS’s
reporting processes regarding allegations of discrimination
main operating appropriation. It funds priorities including
and harassment. During the 118th Congress, Members may
most domestic and overseas Foreign Service and Civil
continue overseeing DOS implementation of its Diversity
Service salaries, public diplomacy programs, and diversity
and Inclusion Strategic Plan and consider other measures,
and inclusion initiatives. The Embassy Security,
including legislation to authorize the Office of the Chief
Construction, and Maintenance account funds DOS’s share
Diversity and Inclusion Officer in law (see S. 3426 and
of costs involved with the design, construction, and
H.R. 4589, 117th Congress) or to abolish such office (see S.
maintenance of U.S. diplomatic facilities. SFOPS bills also
3252, 118th Congress).
fund foreign assistance. Agencies such as USAID and the
Department of Defense administer the majority of these
Diplomatic Security and Risk Management. Congress
funds. Yet DOS manages some aid directly, including a
included several diplomatic security and embassy
portion of the Global Health Programs account that funds
construction-related measures in the 2022 State Department
the U.S. President’s Emergency Plan for AIDS Relief
authorization law intended to enable the department to
(PEPFAR) and maintains policy authority over most
weigh security risks with the priority of allowing American
humanitarian and military assistance.
diplomats to engage with foreign stakeholders. As DOS
implements these provisions, Members may seek to ensure
Selected Issues for Congress
that DOS’s risk calculus is aligned with congressional
During the 118th Congress, Members may consider the
intent through overseeing its efforts to incentivize and train
following select issues, among many others:
U.S. diplomats to properly manage risk, locate new posts in
areas that provide diplomats requisite security and access to
Passport Services. While DOS restored passport
foreign officials and other key stakeholders, and control
application processing times to pre-COVID-19 pandemic
costs associated with the construction of new, secure posts.
levels in December 2023, Congress continues to conduct
oversight of the provision of passport services. The 2023
Related CRS Products
State Department authorization law included several
CRS In Focus IF10293, Foreign Relations Reauthorization:
measures related to passports, including authorities for the
Background and Issues, by Cory R. Gill
Secretary of State to appoint or designate additional
passport personnel and a requirement obligating DOS to
CRS Report R46995, Congressional Oversight of the State
regularly update Congress on its efforts to meet demand for
Department: Review of Selected Organizational Reform Efforts, by
urgent passport services. Congress may consider additional
Cory R. Gil
legislation related to passport services during the 118th
CRS Report R47579, Department of State, Foreign Operations,
Congress (e.g., H.R. 6610 and H.R. 5817) and/or provide
and Related Programs: FY2024 Budget and Appropriations, by
resources through SFOPS measures to enable DOS to meet
Emily M. McCabe and Cory R. Gil
high passport demand.
Modernization. Congress is conducting oversight of

Secretary of State Antony Blinken’s “Modernization
Agenda,” which seeks to better position DOS to address
Cory R. Gill, Analyst in Foreign Affairs
what Secretary Blinken describes as emerging foreign
IF12044
policy challenges, such as climate change and global health

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The U.S. Department of State: Background and Selected Issues for the 118th Congress

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