GAO says State should improve notification of notwithstanding authorities

The Government Accountability Office said State Department guidance should include all reporting criteria for congressional notifications about the use of notwithstanding authorities for democracy assistance. The agency said such guidance would help State notify Congress as required or directed.

GAO reviewed 37 State congressional notifications for FYs 2023 and 2024 funding. It found that 36 of the notifications did not address one of three criteria specified in Section 7015(c) of the FYs 2023 and 2024 appropriations acts or in their joint explanatory statements.

State bureaus identified the need for notifications and drafted them, but guidance for drafting the notifications did not address the three criteria. GAO said guidance addressing the criteria in each annual appropriations act or joint explanatory statement would help State meet applicable reporting requirements.

In July 2025, the Secretary of State announced that USAID had ceased to implement foreign assistance. State assumed certain former USAID functions, including some democracy programs. State said it would submit congressional notifications related to future democracy assistance.

GAO also reviewed State notifications for FYs 2021 through 2024 funding. It found that most notifications did not clearly and consistently identify the activities for which State planned to use the democracy assistance notwithstanding authority. Its review of 101 notifications citing the authority found a lack of clear linkage to specific programs or activities.

GAO analyzed notifications submitted on behalf of eight bureaus and reviewed State guidance for drafting notifications. The agency also interviewed State officials and solicited written responses. GAO said improved reporting would help Congress understand and oversee State’s use of notwithstanding authorities and appropriated funds.

Congress did not include a joint explanatory statement with directions on notwithstanding authority notifications with every appropriations act. It did so in fiscal year 2026 and may continue to do so. GAO said State should update its guidance as reporting criteria change over time.