About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (March 20, 2019)

handle is hein.crs/govxyz0001 and id is 1 raw text is: 





Cogesoa Reeac Servic


Updated March  20, 2019


Foreign Relations Reauthorization: Background and Issues


Introduction and Current Legisation
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.

House  and Senate foreign affairs authorizing committees
are expected to introduce State Department or foreign
relations authorization legislation in the 116th Congress as
they did in the 115th (H.R. 5592 and S. 1631, respectively).
In addition to authorizing appropriations, both may be
expected to address issues such as Administration efforts to
reform the State Department and USAID, diversity hiring,
and diplomatic security.

Although comprehensive  foreign relations reauthorization
legislation has not been enacted since the 107th Congress in
2003, the 114th Congress passed what it named the
Department  of State Authorities Act, Fiscal Year 2017 (P.L.
114-323). Unlike past comprehensive foreign relations
authorizations, this law did not include authorizations of
appropriations. 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.

Department of State Authorities Act,
Fiscal  Year 2017
As noted, 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 U.N. 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;


httfps:I/crsreports.conc -- -q

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most