Foreign Operations Appropriations: General Provisions
Released: 2011-08-12T00:00:00

Introduction

Foreign assistance law requires Congress to authorize funding for programs before appropriated funds are spent. Through 1985, Congress regularly enacted new authorization legislation or amended the Foreign Assistance Act of 1961, the foundation of U.S. foreign aid policy, to update authorization time frames, and to incorporate newer programs and authorities. After 1986, however, Congress turned more frequently to enacting freestanding authorities that did not amend the 1961 Act, and waived the requirement to authorize funds before making them available in appropriations.

The annual foreign operations appropriations bill funds foreign aid programs as they are defined and authorized in the Foreign Assistance Act of 1961, the Arms Export Control Act, and other related Acts. These annual measures, like all appropriations bills that fund executive branch programs and operations, include General Provisions to guide how funds may be spent.

Over time, as enactment of foreign aid reauthorizations waned, the General Provisions of foreign operations appropriations measures increasingly have become a legislative option for Congress to assert its views on the role and use of U.S. foreign aid policy, put limits or conditions on assistance, or even authorize new programs. As a result, some contend, General Provisions have become more important. The greater likelihood—relative to authorization proposals, at least—that appropriations measures will be considered in committee, on the floor, in both chambers, and in conference also impacts the attractiveness of serving on an appropriations or authorization committee, and affects the relationship between authorizers and appropriators.

This report identifies the legislative origins of General Provisions that pertain to foreign aid in current foreign operations appropriations: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of the Consolidated Appropriations Act, 2010; P.L. 111-117 ; 123 Stat. 3034 at 3312), as continued for Fiscal Year 2011 by the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( P.L. 112-10 ; 125 Stat. 38; of which sec. 1101(a)(6) continues appropriations enacted in P.L. 111-117 , and division B, title XI, which provides further instruction for FY2011 foreign operations expenditures).

How to Read the Table

The left column shows the General Provision section and heading, taken from P.L. 111-117 .

The right column, in most instances, has two paragraphs per section. The first paragraph identifies in which section the intent or language of the General Provision first appeared, and is taken from annotations the Congressional Research Service prepares for the House Committee on Foreign Affairs and Senate Committee on Foreign Relations for their joint committee print, Legislation on Foreign Relations . The second paragraph establishes the more detailed legislative history of each provision—where and how it first appears that first year (reported out of committee, floor sponsor, or conference committee). Where available, report numbers are included. In some years, detailed information about sponsorship is not available: there is nearly no legislative history trail for new General Provisions introduced in FY2009, for example.

Very few of the General Provisions are codified as notes in the U.S. Code. Very few of the General Provisions correspond with sections in the Foreign Assistance Act of 1961. When either condition occurs, it is noted in the right column.

Most of the sections have changed over the years. The legislative histories in the right column document the introduction of the concept or intent of the General Provision, not the subsequent changes to that initial idea. Thus, an idea may be introduced and the right column identifies the committee or Member who brought the idea forward, but legislative maps of subsequent alterations, additions, changes in applicability, are not tracked. On occasion, an idea initially stated in a General Provision migrates and is incorporated into the funding titles: requirements of the Chief Executive Officer of the Millennium Challenge Corporation, for example, were first stated in General Provisions but in FY2010 appropriations those requirements were folded into the title III paragraph pertaining to that entity. The goal is solely to identify the emergence of the idea.

Frequently, once enacted, a General Provision is continued annually in subsequent foreign operations appropriations measures. If some portion of a section is not carried forward annually, it is noted in the right column.

The short titles or popular names of annual foreign operations appropriations have changed over time. In keeping with current jargon, the table refers to each annual measure as a "Foreign Operations Appropriations" with the fiscal year to which it applies. An appendix follows the table, which provides true short titles and popular names along with Public Law numbers.

Appendix. Short Titles and Popular Names of Laws Cited in the Table (in chronological order)

Mutual Security Appropriations Act, 1958 (P.L. 85-853; 72 Stat. 1100)

Foreign Assistance and Related Agencies Appropriations Act, 1967 (P.L. 89-691; 80 Stat. 1018)

Foreign Assistance and Related Programs Appropriation Act, 1974 (P.L. 93-240; 87 Stat. 1048)

Foreign Assistance and Related Programs Appropriations Act, 1976 (P.L. 94-11; 89 Stat. 17)

Foreign Assistance and Related Programs Appropriations Act, 1976 [transitional quarter] (P.L. 94-330; 90 Stat. 771)

Foreign Assistance and Related Programs Appropriations Act, 1977 (P.L. 94-441; 90 Stat. 1465)

Foreign Assistance and Related Programs Appropriations Act, 1978 (P.L. 95-148; 91 Stat. 1230)

Foreign Assistance and Related Programs Appropriations Act, 1979 (P.L. 95-481; 92 Stat. 1591)

Continuing Appropriations, 1980 (P.L. 96-86; 93 Stat. 656)

Continuing Appropriations, 1981 (P.L. 96-536; 94 Stat. 3166)

Foreign Assistance and Related Programs Appropriations Act of 1982 (P.L. 97-121; 95 Stat. 1647)

Urgent Supplemental Appropriations Act of 1982 (P.L. 97-216; 96 Stat. 180)

Further Continuing Appropriations Act, 1983 (P.L. 97-377; 96 Stat. 1830)

Continuing Resolution, 1984 (P.L. 98-151; 97 Stat. 964)

Foreign Assistance and Related Programs Appropriations Act, 1985 (in Continuing Appropriations Act, 1985) (P.L. 98-473; 98 Stat. 1837 at 1884)

Foreign Assistance and Related Programs Appropriations Act, 1986 (in Continuing Appropriations Act, 1986) (P.L. 99-190; 99 Stat. 1185 at 1291)

Foreign Assistance and Related Programs Appropriations Act, 1987 (in Continuing Appropriations, 1987) (P.L. 99-591; 100 Stat. 3341 at 3341-214)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e)) in Continuing Appropriations, 1988) (P.L. 100-202; 101 Stat. 1329 at 1329-131)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (P.L. 100-461; 102 Stat. 2268)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (P.L. 101-167; 103 Stat. 1195 )

Foreign Operations, Export Financing, and Related Programs Appropriations Act 1991 (P.L. 101-513; 104 Stat. 1979)

Continuing Appropriations, 1992 (P.L. 102-145; 105 Stat. 968)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (P.L. 102-391; 106 Stat. 1633)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (P.L. 103-87; 107 Stat. 931)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (P.L. 103-306; 108 Stat. 1608)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (P.L. 104-107; 110 Stat. 704)

Foreign Operations, Export Financing, and Related Programs Supplemental Appropriations Act, 1997 (title I, sec. 101(c)) in Omnibus Consolidated Appropriations Act, 1997) (P.L. 104-208; 110 Stat. 3009 at 3009-121)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 (P.L. 105-118; 111 Stat. 2386)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (in Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999) (P.L. 105-277; 112 Stat. 2681 at 2681-150)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by reference in Consolidated Appropriations Act, 2000) (P.L. 106-113; 113 Stat. 1501)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (P.L. 106-429)

Kenneth M. Ludden Foreign Operations, Export Financing and Related Programs Appropriations Act, 2002 (P.L. 107-115; 115 Stat. 2118)

Foreign Operations, Export Financing and Related Programs Appropriations Act, 2003 (division E in Consolidated Appropriations Act, 2003) (P.L. 108-7; 117 Stat. 11 at 159)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (division D in Consolidated Appropriations Act, 2004) (P.L. 108-199; 118 Stat. 3 at 143)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D in Consolidated Appropriations Act, 2005) (P.L. 108-447; 118 Stat. 2809 at 2968)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (P.L. 109-102; 119 Stat. 2172)

2007: none (2006 continues)

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2008 (division J in Consolidated Appropriations Act, 2008) (P.L. 110-161; 121 Stat. 1844 at 2277)

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division J in Omnibus Appropriations Act, 2009) (P.L. 111-8; 123 Stat. 524 at 831)

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F in Consolidated Appropriations Act, 2010) (P.L. 111-117; 123 Stat. 3034 at 3312)