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Congressional Research Servic


                                                                                       Updated February 10, 2021

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. First used by the
foreign affairs agencies in FY2012, a key feature of OCO
funds was their effective exemption, like emergency funds,
from the discretionary spending limits established by the
Budget Control Act of 2011 (BCA, P.L. 112-25). Some
Members  suggested that OCO's exemption provided
agencies with additional budget cushioning and flexibility,
allowing defense and nondefense foreign affairs funding to
exceed the spending caps. Others criticized the OCO
designation, labeling it as a slush fund that provided
funds for programs unrelated to contingency operations.

The BCA's  spending caps ended in FY2021, and it is
unclear whether Congress will continue to use the OCO
designation as it considers FY2022 appropriations. The
foreign affairs agencies last requested OCO funds in
FY2018.  However, Congress has appropriated $8.0 billion
designated as OCO every year since FY2019. It remains to
be seen whether or not the Biden Administration will
include OCO  in its budget requests.

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

Background   on  Foreign Affairs OCO
The foreign affairs agencies began requesting OCO funding
in FY2012, distinguishing between enduring (ongoing
costs) versus extraordinary, temporary costs of the
Department of State and the U.S. Agency for International
Development  (USAID)  in the frontline states of Iraq,
Afghanistan, and Pakistan. OCO-designated funds largely
replaced annual emergency supplemental appropriations to
support the Global War on Terrorism (GWOT) in the
frontline states that became the norm during the George W.
Bush Administration. Congress, already using the OCO
designation within the Department of Defense (DOD)
budget, adopted this approach for foreign affairs, although
it never permanently defined its uses in statute. Since
FY2012,  Congress has appropriated OCO-designated
foreign affairs funds at higher levels and for broader
purposes than were requested each year (see Figure 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 activities beyond the three frontline
states, including in Yemen, Somalia, Kenya, and the
Philippines. In addition to country-specific uses, Congress
also used the OCO designation for funds appropriated for
the Global Security Contingency Fund. In the FY2013 full-


year continuing appropriations (P.L. 113-6, Div. F, Title
VII, §§1707-1708), Congress specified only Jordan as an
additional OCO-recipient country.

    Figure I. Foreign Affairs Overseas Contingency
         Operations  Funding, FY2012-FY2021
                (in billions of U.S. dollars)
       25

       20s

       15





           FY12 FY13 FY14 FY15  FY16  FY1  FY18  FY19  FY20  FY21
  U Requested  $87  58.2  S.8-  $7.8  $7.1  $ 7 12.0  $0.0  0.o  $0.0
   Enacted $11.2  $10.S  $6.5  $9.3  $14.9  $20.8  $12.0  S.l  s.f  S.U
Source: Department of State Congressional Budget Justifications,
FY2014-FY2020, P.L. 115-141, P.L. 116-6, P.L. 116-94, and P.L. 116-
260. 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)
and FY2017  (P.L. 115-31, Div. J, Title VIII). Congress also
provided OCO  funding in both years to respond to the
Ebola and Zika viruses, support counterterrorism, and
counter Russian aggression.

The FY2018  (P.L. 115-141, Div. K, Title VIII) and FY2019
(P.L. 116-6, Div. F, Title VIII) foreign affairs OCO-


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