The State Department Authorization Act: More than A Seat at the Grown-Ups’ Table During the Holidays
By: Lindsey Michele | December 27, 2022
The State Department Authorization Act was included in the National Defense Authorization Act for Fiscal Year 2023. (Picture credit Senate Armed Services Committee)
Congress has just passed the State Department Authorization Act for the 2nd time in almost 20 years through the vehicle of the National Defense Authorization Act (NDAA), which President Biden signed into law on December 23, 2022. This is a big deal. Let me explain why.
Authorization Free Since 2003
After Congress passed the Foreign Relations Authorization Act for Fiscal Year 2003, the Department of State (DOS) did not receive another authorization until it was included in the 2021 NDAA. By comparison, the Defense Department's authorization has been consistently passed through Congress for 62 years because leaders recognize national security institutions and programs require constant innovation to keep pace with a rapidly changing world. Despite the significant foreign policy challenges of the last 20 years, Congress has not meaningfully upgraded the State Department's legal framework. A healthy authorization process prioritizes oversight of the State Department and a productive relationship between legislators and the executive branch.
Why This (Really) Matters
Many have praised the passage of State's authorization act (Defense One, Fp4America, The Hill), rightfully stating DOS deserves recognition of its statutory preeminence in US foreign policy. Commitment and interest from Congress elevates the DOS's role in foreign policy, which is vital to calibrate the mechanisms of US foreign affairs. However, getting a seat at the foreign policy grown-up's table is not the only benefit of the authorization act passage.
Returning State Authorization to a yearly habit – and the requisite oversight it requires – is essential for a healthy foreign policy. An important aspect of the State Department Authorization is what happened before it was signed into law: the process of deliberate and careful consideration of foreign policy by Congress. This point seems to be absent in the current discussions on passage. The authorization process improves Congress's understanding of foreign policy issues and inserts a vital check into executive policymaking. Congress' role here can help diminish influences on decision making that may be based on individual agendas, and creates an opportunity for deeper structural reform to our lead institution of foreign policy.
Authorization as Education
The deliberation of an authorization act provides foreign policy decision-makers from Congress and the State Department a valuable forum to strategically consider critical national interests. Countless briefings and hearings with expert reports and witness testimony from both sides of the aisle inform an authorization act. The democratic process improves our collective understanding of international issues as members debate and vote on the merits of policy recommendations.
Congress uses the authorization process to consult with relevant staff at DOS to inform legislation that enables foreign policy priorities. During my time on the House Foreign Affairs Committee (HFAC), DOS colleagues often expressed appreciation for the opportunity to get in the same room with their foreign policy counterparts in Congress, the intelligence community, and elsewhere to inform policy understanding and analysis. Critical issues of the day, such as China's control of the Internet, were thoroughly examined by various experts to understand the situation, craft policy recommendations, and then consult about the outcomes of policies to make adjustments as needed. Additionally, Congressional oversight can incentivize longer-term strategic thinking at the State Department, which can be subject to rapid turnover between officials and administrations.
During consideration and debate for this year's authorization, Congress examined the administration's policy around the globe and on discrete thematic issues. This review included policies in Sub-Saharan Africa, efforts to modernize US foreign assistance, support for Ukraine against the Russian invasion, and responses to a more assertive China. The Authorization Act is the vehicle through which Congress can shape US foreign policy productively.
The impact of deliberate and rigorous analysis of effective foreign policy with these countries can be transformative. The situation demands Congress's regular information collection, analysis, and debate.
Authorization as Congressional Oversight
Effective oversight of agency activities is foundational to how our federal checks and balance system works. Unsurprisingly, haphazard and ad hoc policy oversight contributes to haphazard and ad hoc foreign policy. Through consistent oversight of DOS, Congress can provide a necessary check on the executive and support more effective foreign policy.
For example, the Foundations for Evidence-Based Policymaking Act of 2018 provided an important mechanism for Congress to modernize State Department decision-making, but implementation has been mixed. For example, State exceeded its FY 2022 performance goal to increase the number of uses of data and analytics products across the Department by 50%. In contrast, the DOS's goal to increase the number of civil service positions designated as data scientist positions under job series 1560 appears off track. Of 100 positions designated for FY22, DOS reported no additional data scientists yet. Additionally, the DOS set the target of increasing the number of data assets available on data.state.sbu to 324 by FY22, but has only reported 189 so far.
When Congressional oversight is robust, creative, and effective, Congress can help diplomats wield new tools to advance US foreign policy objectives, such as the Global Magnitsky Act or the Trafficking Victims Protection Act.
The US deserves the best foreign service in the world – years without authorization limit DOS ability to draw from the creativity of Congressional minds and their skeptical analysis of sure-win projections from DOS briefings.
In the absence of strong Congressional oversight of foreign policy and the accountability that ensues, DOS often has a short-term crisis approach to prioritization of efforts as the department relies on "hair on fire" approaches to policy decision-making.
There hasn't been an update to the core legislation of US diplomacy, the Foreign Service Act, in 43 years! It is difficult to suggest the DOS is well equipped to adapt to today's foreign policy challenges when the legislation governing the department dates to a time when fax machines were a common form of information sharing in US Embassies. Embedded in the just-passed State Authorization Act is the authorization of a Commission on Reform and Modernization of the Department of State, demonstrating Congress’ growing interest in reforming State.
The interactions and relationships made in the deliberations of these last two authorizations provide a foundation for greater action in the future. In addition, the passage of authorizations two years in a row suggest that last year was not just luck. Those of us who are interested in serious foreign policy reform can start looking at Congress and the authorization process as a valuable opportunity to propose change. Of course, such opportunities invite actors of varied motives; we must hope that Congress is discerning and only considers evidence-based reforms.
A Call to Action
Having served as a Foreign Service Officer for nearly 10 years, I know that America needs an effective foreign service. This is enabled when all the tools of government work together to promote a shared vision. Consistent and deliberate Congressional oversight of the State Department and its operations is vital for healthy diplomacy. The very act of an authorization is an important step forward. It is unfortunate that we were unable to get a standalone authorization (see AFSA on the trouble with omnibills), but given the spotty record of the last 20 years, momentum in the authorization process is cause for celebration.
