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1 1 (March 28, 2024)

handle is hein.crs/goveoup0001 and id is 1 raw text is: Congr &sonaI Research Service infurmun heW iltive debate sin 1914 Updated March 28, 2024 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 (50 U.S.C. §3094(a)(1)); Section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. §2680); Section 10 of An Act to amend the Foreign Military Sales Act, and for other purposes (22 U.S.C. §2412); and Section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. §6212). One motivation for such requirements is to assert the role of the foreign affairs authorizing committees in budgetary decision-making. Congress also utilizes these laws as vehicles to address a range of foreign affairs policies, make changes to agencies or functions, and establish 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 (DOS), diplomacy, and international broadcasting, is referred to as foreign relations authorization or State Department authorization. The second, which is not the focus of this product, 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. Congress has not passed a comprehensive foreign relations reauthorization law since 2002 (the Foreign Relations Authorization Act, Fiscal Year 2003; P.L. 107-228). Since 2016, however, Congress has passed four authorizing laws that include new DOS authorities, congressional oversight provisions, and certain authorizations of appropriations. Factors inhibiting the passage of comprehensive reauthorization laws may include disagreements among Members over controversial foreign affairs issues and reticence among some Members to vote multiple times for 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 (see Table 1). Table I. Reauthorization Actions Since 2003 FY Action P.L. Div. Title Sec. 2003 Enacted P.L. 107-228 - - - 2004 Waived P.L. 108-199 B IV 407 2005 Waived P.L. 108-447 B IV 410 2006 Waived P.L. 109-108 - IV 407 2007 Waived P.L. 110-5 B I 108 2008 Waived P.L. 110-161 J I 110 2009 Waived P.L. 111-8 H VII 7023 2010 Waived P.L. 111-117 F VII 7023 2011 Waived P.L. 112-10 B I 1108 2012 Waived P.L. 112-74 I VII 7022 2013 Waived P.L. 113-6 F I 1108 2014 Waived P.L. 113-76 K VII 7022 2015 Waived P.L. 113-235 J VII 7022 2016 Waived P.L. 114-113 K VII 7022 2017 Enacted P.L. 114-323 - - - 2018 Waived P.L. 115-141 K VII 7022 2019 Waived P.L. 116-6 F VII 7022 2020 Waived P.L. 116-94 G VII 7022 2021 Enacted P.L. 117-81 E - - 2022 Enacted P.L. 117-263 I - - 2023 Enacted P.L. 118-31 F - - Notes: FYs where Enacted is italicized indicate a partial authorization was enacted that necessitated a waiver. Italicized FYs indicate authorization measures that referred to the calendar year, rather than the fiscal year.

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