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                                                                                     Updated December 30, 2019

Foreign Affairs Overseas Contingency Operations (OCO)

Funding: Background and Current Status


Congressional interest in Overseas Contingency Operations
(OCO) funding levels has continued as Members debate
annual foreign affairs and defense budgets. A key feature of
OCO funds is their effective exemption, like emergency
funds, from the discretionary spending limits established by
the Budget Control Act of 2011 through FY2021 (BCA,
P.L. 112-25). Some Members have suggested that this
exemption provides agencies with additional budget
cushioning and flexibility, allowing defense and nondefense
foreign affairs funding to exceed the spending caps. Others
have criticized the OCO designation, labeling it as a slush
fund that provides funds for programs unrelated to
contingency operations.

In the Bipartisan Budget Act of 2019 (BBA 2019, P.L. 116-
37), Congress raised the overall discretionary spending
limits for FY2020 and FY2021, the last two years in which
the BCA caps are in effect. BBA 2019 also included
nonbinding targets for OCO funding in both FY2020 and
FY2021; defense OCO targets were set at $71.5 billion for
FY2020 and $69 billion for FY2021, while the foreign
affairs OCO targets were set at $8 billion for each fiscal
year. The Trump Administration has not requested OCO
funding for foreign affairs since FY2018. (In FY2019, the
Administration initially requested $12 billion for foreign
affairs OCO, but following passage of the 2018 Bipartisan
Budget Agreement (P.L. 115-123), it issued an addendum
requesting that all foreign affairs OCO be shifted to base
funding.)

While ongoing debate in Congress over OCO may focus on
defense spending (where the largest share of OCO funds are
appropriated), foreign affairs OCO funding may continue to
play a role in the international affairs budget.


The foreign affairs agencies began requesting OCO funding
in FY2012, distinguishing between what is referred to as
enduring (ongoing costs) versus extraordinary, temporary
costs of State and USAID in the frontline states of Iraq,
Afghanistan, and Pakistan. Many view this approach as
similar to the annual emergency supplemental
appropriations to support the Global War on Terrorism
(GWOT) in the frontline states during the George W. Bush
Administration. Congress, having provided OCO funds for
the Department of Defense (DOD) earlier, adopted this
approach for foreign affairs, although it never permanently
defined its uses in statute. Since 2012, Congress has
appropriated more foreign affairs OCO funds than were
requested each year and authorized its use for various
functions (see Table 1).


For the first foreign affairs OCO appropriation in FY2012
(P.L. 112-74, Div. I, Title VIII), Congress provided funds
for a wide range of recipients beyond the three frontline
states, including Yemen, Somalia, Kenya, and the
Philippines. In addition to country-specific uses, Congress
also appropriated funds for the Global Security
Contingency Fund. In the FY2013 full-year continuing
appropriations (P.L. 113-6, Div. F, Title VII, Sec. 1707-
1708), Congress specified only Jordan as an additional
OCO-recipient country.

    Figure I. Foreign Affairs Overseas Contingency
             Operations, FY2012-FY2020
                (in billions of U.S. dollars)
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      f Ea ¥e Z 12  SAO2.a $6 S. 3 $, q  $205 YO   S¥.1  $fl.Q $II  Y09 f-¥

Source: Department of State Congressional Budget Justifications,
FY201I4-FY2020, P.L. II15-141, P.L. II16-6, and P.L. II16-94. The totals
enacted include net rescissions.

For FY2014 (P.L. 113-76, Div. K, Title VIII), Congress
provided four accounts with no-year (available until
expended) OCO funds, but made most foreign affairs OCO
funds available for two years-or until September 30, 2015.
Congress also expanded the terms of transfer authority,
providing greater flexibility across certain accounts. It also
authorized transfers from those accounts to International
Disaster Assistance (IDA) and Migration and Refugee
Assistance (MRA) accounts, subject to certain dollar
amounts or percentages, and regular notification
procedures. FY2014 OCO-funded activities were
implemented in Iraq, Afghanistan, Pakistan, Jordan,
Lebanon, the Central African Republic, and Somalia.

For FY2015 (P.L. 113-235, Div. J, Title VIII), although
Congress did not provide specific OCO funds for
countering the Islamic State (IS), as was requested by the
Obama Administration, it did provide an increase in OCO
funds in many accounts with language that allowed it to be
used for counterterrorism. The Obama Administration
requested an expanded use of OCO funds for Syria and
peacekeeping in FY2016 (P.L. 114-113, Div. K, Title VIII)


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