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1 1 (January 29, 2025)

handle is hein.crs/govesgy0001 and id is 1 raw text is: Congr sWan I fles4 infun ingi Ie(~ ived ~ rch Servte 1914 January 29, 2025 Foreign Assistance Authorization: Background and Issues Introduct on Congress has the power to authorize, fund, and oversee the implementation of U.S. foreign policy. In carrying out such responsibilities, Congress has set requirements for foreign affairs appropriations to be authorized prior to expenditure. For foreign assistance, specifically, such requirements can be found in Section 10 of An Act to amend the Foreign Military Sales Act (P.L. 91-672, 22 U.S.C. 2412) and Section 15 of the State Department Basic Authorities Act of 1956 (P.L. 84-885, 22 U.S.C. 2680). Historically, Congress has enacted two types of foreign affairs authorization legislation: (1) foreign assistance authorizations, which include development, security, humanitarian, and multilateral aid, among other programs, and (2) foreign relations authorizations, which include State Department operations, diplomacy, and international broadcasting. This product focuses on the former; for more information on the latter, see CRS In Focus IF10293, Foreign Relations Reauthorization: Background and Issues. The Foreign Assistance Act of 1961 (FAA; P.L. 87-195; 22 U.S.C. §2151 et seq.) is the authorizing framework for most modern foreign assistance activities. The FAA set U.S. foreign assistance policy and authorized appropriations for economic development, voluntary contributions to international organizations, and selected military assistance, among other programs. From 1961 to 1981, Congress usually debated an FAA reauthorization every two years, often amending the original legislation. In the early 1980s, issues such as budgetary constraints and the perceived unpopularity of foreign assistance measures among the American public, and therefore among some Members of Congress, started to erode the FAA authorization process. In 1985, after three years with no FAA reauthorization, Congress enacted the International Security and Development Cooperation Act of 1985 (P.L. 99-83), authorizing foreign assistance programs for fiscal years 1986 and 1987. Congress has not enacted a comprehensive FAA reauthorization since. Other Foreign Assistance Authorizing Legislation While the FAA remains the cornerstone foreign assistance authorizing legislation, Congress established certain foreign assistance programs in other laws. Examples include food aid programs in the Agricultural Trade Development and Assistance Act of 1954 (P.L. 83-480; 7 U.S.C. §1691 et seq.), selected military assistance in the Arms Export Control Act (P.L. 90-629; 22 U.S.C. §2751 et seq.), migration and refugee assistance in the Migration and Refugee Assistance Act of 1962 (P.L. 87-510; 22 U.S.C. §2601 et seq.), economic growth in the Millennium Challenge Act of 2003 (P.L. 108-199; 22 U.S.C. §770 1 et seq.), and development finance in the Better Utilization of Investments Leading to Development Act of 2018 (P.L. 1 15-254; 22 U.S.C. §9612 et seq.), among others. Proposed FAA reauthorizations faced numerous challenges, including contentious debate over proposed funding restrictions, reductions, and earmarks; the perceived preference of the American public for Congress to focus on domestic issues; disagreement between Congress and the executive branch over potential reorganization of foreign assistance agencies; and debate of non-germane amendments during floor debate. Examples of past debates include those over the inclusion of abortion and family planning-related provisions, requests for greater flexibility in foreign aid management, and proposed reductions in authorized funding for selected foreign assistance sectors. The House Foreign Affairs Committee (HFAC) and Senate Foreign Relations Committee (SFRC) have jurisdiction over foreign assistance authorization legislation. In the absence of regular reauthorizations, however, a significant amount of foreign assistance policymaking has moved into annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations laws. Such measures typically include a provision that waives statutory reauthorization requirements, allowing programs to continue; the FY2024 SFOPS appropriations bill, Division F of P.L. 118-47, included that waiver as Section 7022. Recent Congressional Action While Congress has not enacted a comprehensive foreign assistance authorization since 1985, it has amended the FAA in more recent legislation (see Table 1). Table I. Selected Laws Amending the FAA, 201 5-2025 Legislation Section Provision Department of State Authorization Act of 2021 (Division E of P.L. 117-81) Blocking Deadly Fentanyl Imports Act (P.L. 117-81) Section Amends Section 602(q) of 5701 the FAA to limit assistance to countries in default to the United States for more than one calendar year. Section 6610 Amends provisions within Section 489 of the FAA (International Narcotics Control), including by adjusting the definition of major illicit drug producing country and adding sections to the annual International Narcotics Control Strategy Report.

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