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1 1 (January 31, 2023)

handle is hein.crs/govekkf0001 and id is 1 raw text is: Congn informing ~ssionaI Resedrch Servic Ih ledisative d bate snu 01914 Updated January 31, 2023 Foreign Relations Reauthorization: Background and Issues Introduction The Constitution gives Congress the power to provide funding, authorize programs, and conduct oversight with respect to the implementation of foreign policy. In exercising these powers, Congress has enacted several laws requiring foreign affairs appropriations to be authorized prior to expenditure. These include Section 504(a)(1) of the National Security Act of 1947 (P.L. 80-253), Section 15 of the State Department Basic Authorities Act of 1956 (P.L. 84-885), Section 10 of an act to amend the Foreign Military Sales Act, and for other purposes (P.L. 91-672), and Section 313 of the Foreign Relations Authorization Act, FY1994 and FY1995 (P.L. 103-236). One motivation behind these requirements is to assert the role of the foreign affairs authorizing committees in budgetary decisionmaking. Congress also utilizes these laws as vehicles to address a range of foreign affairs policies, make changes to agencies or functions, and mandate reporting requirements. Authorization-Appropriations Process An avenue for exercising Congress's power of the purse is the authorization and appropriation of federal spending to carry out government activities. The formal process generally consists of (I) enactment of an authorization measure that may create or continue an agency, program, or activity, as well as authorize the subsequent enactment of appropriations, and (2) enactment of appropriations to provide funds for the authorized agency, program, or activity. For additional detail, see CRS Report RS20371, Overview of the Authorization- Appropriations Process, by Bill Heniff Jr. Historically, Congress adhered to these statutory requirements by enacting two types of foreign affairs authorizing legislation on a regular basis. One, covering the day-to-day operations of the State Department, diplomacy, and international broadcasting, is referred to as foreign relations authorization or State Department authorization. The second, which is not the focus of this analysis, is referred to as foreign assistance authorization and authorizes spending on matters such as economic development programs, selected security assistance, disaster assistance, and multilateral aid. The House Foreign Affairs Committee (HFAC) and Senate Foreign Relations Committee (SFRC) have jurisdiction over both authorization measures. In addition to establishing, terminating, and otherwise shaping foreign affairs programs and activities, these bills authorize funding levels to guide congressional appropriators, often for two years at a time. Congress has not passed a comprehensive foreign relations reauthorization law since 2002 (see P.L. 107-228). Since 2016, however, Congress has passed progressively more expansive authorization laws that include new State Department authorities, congressional oversight provisions, and limited authorizations of appropriations. Factors that may inhibit the passage of comprehensive reauthorization laws include disagreements among Members over controversial issues related to foreign affairs and reticence among some Members to vote multiple times to support overseas spending that may be unpopular with constituents. In the absence of comprehensive reauthorization laws, Congress typically waives the aforementioned statutory reauthorization requirements in Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations measures (e.g., see P.L. 117-328; Division K, §7022) in order to fund foreign affairs activities. As a result, appropriators, who pass legislation annually to ensure continued government operations, often include foreign affairs policy directives and reporting requirements in appropriations laws. Some observers argue that these developments have resulted in appropriators taking a primary role in some aspects of congressional foreign policymaking that would otherwise be under the remit of SFRC and HFAC. Relevance of Foreign Relations Reauthorization In recent years, some Members of Congress and other observers have expressed concerns that the executive branch is conducting foreign policy without sufficient recognition of congressional prerogatives. Among the areas where Congress can assert its authority is the regular passage of comprehensive foreign relations reauthorization laws. Proponents argue that such action would have several potential implications, including fulfilling a key responsibility of HFAC and SFRC; serving as a means for HFAC and SFRC to provide funding guidance to the appropriators for State Department operations and activities; establishing a consistent legislative vehicle for Congress to participate in establishing foreign policy priorities and/or reforming, reorganizing, creating, or eliminating agencies, offices, or functions, as needs arise; and providing Congress more opportunity to consult with the State Department to coordinate foreign policy. Recent Congressonal Action In December 2016, Congress passed the Department of State Authorities Act, Fiscal Year 2017 (P.L. 114-323). While this law did not provide any authorizations of appropriations, it included new authorities and oversight measures pertaining to State Department operations, including diplomatic security, embassy construction, and

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