Abstract
Critics often accuse Congress of abdicating its constitutional authority in foreign policy. One source of evidence of congressional abdication is the relative lack of legislation authorizing foreign aid and other foreign policy tools. Because of recent gridlock, Congress now authorizes foreign policy the only way it can: in annual appropriations bills. I argue that this change in legislative strategy does not necessarily reflect an abdication by Congress. Instead, an increase in party polarization, which leads to the perceived abdication of foreign policy, simply shifts Congress’s legislating abilities to “limitation riders,” or legislative provisions written into appropriations bills. I find that an increase in polarization increases Congress’s use of these riders. I also find that polarization has encouraged Congress to use limitation riders in new ways. While foreign aid-related limitation riders once only consisted of contract and budget-related issues, they now comprise a wide variety of foreign and domestic policy issues. Congressional reliance on limitation riders has increased due to polarization and has consequences for foreign policy.
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Notes
For a more qualitative breakdown of the content of the limitation riders, see the discussion in the "Qualitative analysis" Section later in the paper. Also, Appendix lists unique summaries of each of the provisions.
This fits with existing descriptions of foreign aid as a policy that “suits the congressional character, always at its most skilled and comfortable with using budgetary decisions as a means of policy control” (Hinckley 1994, page 102).
See rider summaries in Appendix for details on country specifications.
Ronald Reagan instituted the policy in 1984, and Bill Clinton rescinded it in 1993.
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Acknowledgements
The author thanks Gordon Friedrichs, Gyung-Ho Jeong, James Scott, Jordan Tama, and participants of the Heidelberg University Workshop on Domestic Polarization and U.S. Foreign Policy for helpful comments and Meredith Kahan for valuable research assistance.
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Appendix: list of rider summaries
Appendix: list of rider summaries
List of General Provision Summaries in Foreign Operations Bills, 1970–1994
Continued availability | No Flood Control |
contracts are public | Contracts are public |
No late distribution | Engineering/architectural fees |
No late distributions | No funds timber |
Fiscal year | Bilateral funding |
Unobligated balances | Military pensions |
No funds oil | Transportation |
Residence expenses | No contract w/o termination option |
Non citizens compensation | No lobbying |
Invalidity | No contracts w/o termination option |
No China UN | NO China UN |
No UN Dues | No UN dues |
Fiscal year appropriations | Marijuana |
Representation expenses | No Investment Incentive Fund Program |
Race/religion equality in US | Fund provisions |
POW expense | Public buildings and grounds |
Abortion litigation | No funds intl financial institutions |
bilateral funding | No nuclear goods |
Cap on Funds | Fund Provisions |
residence expense budget | Construction fees |
Small business promotion | Growth capital |
no funding certain countries | US Procurement |
Construction in Underdeveloped Countries | No Funds Vietnam |
No Funds Vietnam | Cambodia |
US foreign currency | Entertainment budget |
National forest | Prohibitions |
reprogramming funds | Military coups |
Iron/Steel Vietnam | No Angola Military Assistance |
No nuclear fund | Representation allowances |
Mount Baker-Snoqualmie | National defense spending |
no transfers between accounts | Reporting requirement |
No funding foreign politics | Entertainment expense fund |
Intl development fund | No funding human rights violation |
commodity business | Committee approval |
Nuclear equipment | Obligation authority |
Waive Israeli Loans | Representation allowances |
Trainee programs | No funding oppressive countries |
Government employees | No transportation funding |
Human rights | Availability of funds |
Contract approval | No funds w/o approval |
Conditional assistance | No Funds Vietnam Police |
Military entertainment expense fund | No aid human rights violations |
Appropriation committee approval | No fund Mozambique |
Acquiring more land | Vessel availability and reimbursement |
Personnel compensation | No funding certain countries |
Propaganda | Timing of funding |
Appropriations approval | Residence funding |
No funds: Mozambique or Angola | No funds to 9 countries |
revised statutes | Contracts |
commerce and trade | Inspector General |
No funds: Mozambique | Angola |
commissary | Loxahatchee hunting |
surplus commodities | Agriculture loans |
Appropriation committee approval | Default countries |
Aircraft contract | Research and development |
Obligation authority | Notification of requirements |
No North Vietnam | US rep intl funds |
Grizzly bears | Indirect cost rates |
international organization fund | Revolving funds |
No United Arab Republic | Financial institution mgmt rep |
Countries in default | Vessel transfer |
Phasing out conservation | Israeli aid |
No Indonesia | No Vietnam |
obligated funds | North Dakota conservation |
Commodity credit | No funding abortion |
document all funds | Financial transparency |
Geothermal leasing | Transportation and aircraft |
US representation | Financial documentation |
Discharging liabilities | Weapon sales |
education expense | Payroll |
Loan representation | Commerce and trade |
special notification requirement | Part 2: |
Commodity competition | ROTC loyalty |
Reimburse GSA | Surplus commodities |
family planning fund | Budgeting rules |
Amendment | Oil and coal heating plants |
Surplus commodity | Notification requirements |
No expenses | Facility construction |
Committee on appropriations | Translation services |
Consulting service | Reciprocal leasing |
No peace corps fund | Availability of funds |
Inactive duty pay | Health and medical care |
Abortion lobbying | Authorization requirement |
Senate compensation | No reimbursement |
Admin Salary | No foreign assistance |
No abortion lobby | Household furnishing |
Public affairs activities | Veterinarians |
depleted uranium | Excess defense equipment |
US rep for intl funds | Uniforms |
Reduce programs w/ end of year employment | President reports |
loans to Israel | No funding terrorist countries |
dept budget | Budgeting |
Loans to Israel | UN voting record |
bilateral aid terrorist countries | Enactment of legislation |
No aid when human rights violation | No aid terrorism |
CIA | Appropriations |
International Bank budget | Commodity production |
Military personnel | Restrict authority |
ceilings and earmarks | Competitive insurance |
No funds terrorism protectors | Advertising cost |
extramural budget | Funds Only for this act |
El Salvador aid | No selling stingers |
Sec of state report to congress | OECD consultation |
No funds Germany | Agriculture marketing agreement |
El Salvador policy | Aircraft in Central America |
Human rights standards | Working capital funds |
No military aircraft | Aircraft in Central America |
stockpile location | Employee budget |
Disaster assistance | Guatemala resettlement |
Pakistan aid | US aid |
Global warming initiative | Montreal Protocol |
separate accounts | Debt for development |
Second career | No funds abortions |
executive director compensation | Location of stockpile |
Demilitarization | Private voluntary organization |
separate accounts | Medical and dental care |
Auditing requirements | Private voluntary orgs |
El Salvador investigation | IFI replenishments |
fund reprogramming | Travel allowances |
Refugee resettlement | Excess defense articles |
nonemergency claims | Waiver costs |
priority equipment delivery | Health program limitation |
Refugee aid | Immunizations for children |
No funds certain countries | Israeli drawdown |
Immunizing children | No funds Ethiopia |
cadets | No funds through transfer |
child survival fund | Balance of funds |
No funds specific countries | Child survival fund |
Africa development foundation | Enlisted aids limit |
US jobs | Foreign operation appropriation |
Typewriters | Reimbursement |
US job impact | Credited dept defense programs |
Inter-American development bank | Creating commodity |
defense equipment drawdown | Special authorities |
Senior ROTC unit | Convert position |
Arab league boycott | Lodging expense |
No indirect funding certain countries | Fund authorization |
anti narcotics activity | Retainer pay |
Fund authorization | Debt relief agreement |
Anti narcotics activities | CIA funds |
Liberia assistance | Reciprocal leasing |
Asian development bank | Middle east scholarship |
salaries | Maintenance military |
Asia development bank | Morale |
Congressional influence | Foreign assistance act |
Abortion | Contract |
earmarked funds | No propaganda |
Land purchase | Talks with El Salvador |
oppose terrorist countries | South Africa scholarship |
insignia | Commissaries |
Middle east programs | Bilateral aid to terrorist countries |
narcotics control | Use of American resources |
Ejection seats | Middle east budget |
commission on foreign assistance management | Turkish and Greek military |
narcotics control program | Andean narcotics initiative |
recover debt contracts | Unemployment benefits |
Depleted Uranium | Commercially leased weapons |
technician | Earmarks |
Haiti aid | Medical care |
Weapons to Turkey and Greece | Cambodia aid |
debt relief | Second career training |
Panama aid | Commercially leasing weapons |
competitive insurance | No UN dues |
funds to Afghanistan | Ireland aid |
no aid terrorism | Funds to El Salvador |
no aid parking fines | Disadvantaged enterprise |
PLO aid | Unused money not taken away |
No flood control | Fund provisions |
No propaganda | Procurement contract |
Report to Committees on Appropriations | Advances of money |
Vehicle replacement | Dept of agriculture |
Military Pensions | Vietnam |
Cover travel expenses | Cap on funds |
Uniforms | No hunting fishing |
No military pension | No assistance Cuba |
Compensation | Laos |
Entertainment expenses | Uganda |
Approve capital project | No funds: Cambodia |
Car insurance | Laos Vietnam |
Resale maintenance | Uganda |
No Cuba | Transfers between accounts |
No funds: Cambodia | Underdeveloped Countries |
No personal employee | One year contracts |
Foreign entity | No aid terrorist countries |
Report funds | Medical care |
Residence budget | Energy conservation |
Laos | Afghanistan aid |
childrens education | Aiding criminals and terrorists |
Obligational authority | Finance loans |
No communists | Cash disbursements |
Residency expense fund | Program funding |
Prisoner donation | No fund Ethiopia |
Small business loans | Definition of program |
Procurement contracts | ATB Program |
Small business user fees | Military equipment transfer |
Security clearances | Bosnia-Herzegovinia aid |
Regulations | No funding competition |
Title | Defense equipment |
Military entertainment budget | and Recreation |
fiscal year | El salvador notification |
Assistance budget | Aid to Cambodia |
Preference to allies | Purchasing Uranium |
Fund approval | Reciprocal leasing |
Include Laos | Bosnia-Herzogovinia aid |
Construction in Underdeveloped countries | Chile loans |
new facilities | Fiscal year law |
No Foreign Currency | Liberian aid |
countries in default | Fund transfer |
No fund Ecuador | Eligibility for aid |
Human rights aid | CIA fiscal year |
Military coups | Debt relief agreements |
Executive agency | Earmarks |
Appropriations approval | Middle east scholarship |
Appropriations committee approval | Welfare |
Real property | Real property management |
Loan cap | Authorization requirement |
aircraft operating expense | Dependents of military |
Certificate of ownership | Debt relief programs |
Admin expense | Disadvantaged enterprises |
moving household goods | Proof of contact with foreign countries |
Committees on Appropriations | Cats |
Underdeveloped countries | No fund Germany |
No funds w/o representation | Influence Chinese bank |
Administrator of General services | General authorization |
No unchecked foreign aid | Nicaragua aid |
No terrorism fund | Aid for Lebanon |
Department budgets | Experiment fund |
Economic assistance | Narcotics control |
accepting real property | Transfer schools |
Commodities acquired | Armenia aid |
reporting requirement | Purchase dogs |
Program aid | Funds to Ireland |
Treasury funds | Guarantees |
definition of terms | Consulting services |
No ISTC fund | Eligibility aid |
Pollution | Chemical weapon proliferation |
commodity assistance | Montreal protocol |
procurement fund | Loan payment |
Construction | No funding abortion |
family planning | Heating plants |
Science and technology | Afghanistan aid |
Notify executive branch | Human experiment |
Reservation of funds | No funds Iraq |
Records are public | Multiyear contract |
Hawaii | Private voluntary orgs |
Salaries | Military drawdown |
Asian petroleum | Funds El Salvador |
No inspector general fund | No aid Iraq |
Payne county mining | Resettlement |
International orgs | Transportation equipment |
No Uruguay assistance | No funds Ethiopia |
Land acquisition | Wigs |
Lobby for abortion | Cash flow financing |
No aid Cuba | No fund Ethiopia |
Sr. reserve officers | Unused leave |
Negotiating with PLO | Chile fund |
Dept of defense | Uefinition of program |
commercial transport | Public affairs budget |
commercial leasing weapons | Oppose loans from chile |
civilian clothing | 37 people |
Israeli economic support | Transfer of funds |
no bilateral aid terrorist countries | No Funds Lebanon |
Ratification | Leveraging and diversion |
democracy contingency fund | Farmers home administration |
commercial leasing of defense articles | Environmental concern |
Contract for studies |
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Carcelli, S.P. Congressional polarization and limitation riders in foreign aid appropriations. Int Polit 59, 898–924 (2022). https://doi.org/10.1057/s41311-021-00324-1
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DOI: https://doi.org/10.1057/s41311-021-00324-1