The State Department should improve how it tells Congress about legal authorities used to provide foreign assistance where U.S. law would otherwise restrict funding, the Government Accountability Office said in a report publicly released November 6. The department disagreed with the watchdog's two recommendations.
The report concerns provisions known as notwithstanding authorities. These can allow agencies to provide funding that would otherwise be restricted. GAO says annual appropriations acts historically have required notice to Congress when agencies intend to use such authority for assistance in countries where U.S. law prohibits funding.
What the review found
GAO reviewed 37 State Department congressional notifications for fiscal years 2023 and 2024 funding. It found that 36 did not address one of three criteria for reporting the authorities' use. Those criteria came from the relevant appropriations acts or accompanying joint explanatory statements, according to GAO.
In a separate review of 101 notifications citing the democracy-assistance authority for fiscal years 2021 through 2024 funding, GAO found that most did not clearly link the authority to the specific programs or activities for which it would be used. These are separate groups of notifications over different periods; their totals should not be combined as a count of unique notices.
GAO says it analyzed notifications submitted on behalf of eight State Department bureaus, reviewed guidance, and interviewed or sought written responses from department officials. The report page does not establish the effectiveness of any individual assistance program.
The recommendations
GAO recommends that State's Bureau of Legislative Affairs develop guidance addressing congressional reporting criteria for notwithstanding authorities. It also recommends guidance calling for notices to identify, if known, the specific programs and activities for which State plans to use such authority. GAO says better guidance could give Congress more complete information for oversight.
State disagreed with both recommendations, according to GAO, which maintains that they would help. Both are listed as open. The product page also says that State assumed certain former USAID functions after the Secretary of State announced in July 2025 that USAID had ceased implementing foreign assistance. The findings concern notification and oversight, rather than a new prohibition on assistance.