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Congressional Research Service
Informing the legislative debate since 1914


Updated June 27, 2019


Foreign Relations Reauthorization: Background and Issues


Introduction and Current Legislation
Historically, the activities of the Department of State,
related agencies, and foreign assistance have been
authorized by two separate pieces of legislation. One,
covering the day-to-day operations of the Department of
State, diplomacy, and international broadcasting, is referred
to as foreign relations authorization or State Department
authorization. The second is referred to as foreign
assistance authorization and provides for the spending of
monies on promoting U.S. foreign policy objectives around
the world through economic development programs,
security assistance, refugee and disaster assistance, and
multilateral aid.

Comprehensive  foreign relations reauthorization legislation
has not been enacted since the 107th Congress in 2003.
When  a foreign relations reauthorization does not
specifically authorize appropriations, waivers of this
requirement are included in the annual appropriations bills.
When  authorization requirements are not enacted, foreign
policy provisions often are inserted in the general
provisions title. Typically, these provisions would be
effective only for the duration of the appropriations law and
would face renegotiation the following year. In addition,
foreign policy-related legislation is often inserted into other
legislative vehicles, or in stand-alone legislation.

In the 116th Congress, the House Foreign Affairs
Committee  passed the Department of State Authorization
Act of 2019 (H.R. 3352); there is no companion bill yet in
the Senate. This bill authorizes appropriations for the
Embassy  Security, Construction, and Maintenance account
and also authorizes appropriations more generally for
certain purposes, such as enhancing the capacity of foreign
civilian security forces to participate in peacekeeping and
counterterrorism operations. Furthermore, the bill addresses
issues including security assistance reform, embassy
construction, and public diplomacy programs.

Department of State Authorities Act,
F  sca  Year 20      7
The 114th Congress passed what it named the Department
of State Authorities Act, Fiscal Year 2017 (P.L. 114-323).
This law did not include an authorization of appropriations
and, thus, was referred to as an authorities act rather than as
an authorization act. Some of the measures that were
included, however, are significant with respect to how the
Department  of State is to operate in future years. For
example, the law addressed some of the Benghazi
Accountability Review Board recommendations  regarding
high-risk, high-threat posts, diplomatic security, and
training. It also addressed UN peacekeeping issues, cost-of-
living adjustments for civilian personnel stationed abroad,
and public diplomacy and international broadcasting policy,
among  other issues.


Background
In earlier years, Congress enacted several laws that require
foreign affairs appropriations to be authorized prior to
expenditure. These include Section 15 of the State
Department  Basic Authorities Act of 1956 (P.L. 84-885),
Section 10 of P.L. 91-672, Section 313 of the Foreign
Relations Authorization Act, FY1994 and FY1995  (P.L.
103-236), and Section 504(a)(1) of the National Security
Act of 1947 (P.L. 80-253). One motivation behind these
requirements was to assert the role of the foreign affairs
authorizing committees in budgetary decisionmaking.

The foreign relations authorization laws for the State
Department  and related agencies are intended to coincide
with the annual appropriations process and authorize
specific levels for subsequent foreign affairs appropriations,
usually for the next year or two. These laws can also
become  vehicles for Congress to address a range of foreign
affairs policies, make changes to agencies or functions, and
mandate reporting requirements. (Stand-alone foreign
assistance reauthorization has not been enacted since 1985,
but aid provisions have been included in some past foreign
relations authorizations.)

Relevance of Foreign Relations
Reauthorization
While the Constitution does not definitively answer which
branch of government maintains primacy in all aspects of
foreign affairs, it gives Congress the power to consider
legislation to provide funding, specific policies, and
oversight of the implementation of foreign policy. In recent
years, some have expressed concerns that the President is
conducting foreign policy without sufficient recognition of
Congress's constitutional and statutory prerogatives.
Among   the areas where some believe Congress could assert
its authorities is the regular passage of comprehensive
foreign relations reauthorization laws, which has not
occurred since the Foreign Relations Authorization Act,
Fiscal Year 2003 (P.L. 107-228) was enacted.

Some  assert that reestablishing a tradition of regularly
enacting foreign relations authorization legislation also has
several potential implications, including that it might

*  fulfill a key responsibility of the House Foreign Affairs
   and Senate Foreign Relations Committees;
*  provide Members  of Congress and their staffs more
   opportunity to consult with State Department and
   USAID   officials, international broadcasting board
   members,  and other foreign affairs experts to coordinate
   on foreign policy;
*  create a legislative vehicle for Members of Congress to
   participate in establishing foreign policy priorities;


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