FY2022 NDAA: Overseas Contingency Operations

FY2022 NDAA: Overseas Contingency Operations

INSIGHTi

FY2022 NDAA: Overseas Contingency
Operations
January 14, 2022
Following the September 11, 2001, terrorist attacks, Congress provided funding designated for emergency
requirements and later for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) to
support U.S. military operations in Afghanistan, Iraq, Syria, and other countries, in addition to other
activities. When statutory spending limits were enacted as part of the Budget Control Act of 2011 (BCA;
P.L. 112-25), the law specified OCO/GWOT funding would be exempt from the limits. Some observers
argued OCO funding allowed for flexible response to contingencies, and provided a “safety valve” to the
spending caps. Others described OCO as a loophole—evolving from an account for replacing combat
losses of equipment, resupplying expended munitions, and transporting troops through war zones, to a
“slush fund” for activities unrelated to contingency operations (e.g., planned or regularly occurring costs
to man, train, and equip the military force typically requested in the base budget of the Department of
Defense). The BCA discretionary spending limits expired in FY2021.
The FY2022 President’s budget request was the first in a decade not subject to the BCA caps. The budget
proposed discontinuing “requests for Overseas Contingency Operations as a separate funding category,
instead funding direct war costs and enduring operations in the DOD base budget.” DOD budget
documentation released in May 2021 requested $42.1 billion for activities described as “contingency
operations” (without the budgetary designation), including funding for the planned drawdown of U.S.
forces in Afghanistan and other military activities abroad, as well as activities in the continental United
States. Of that amount, $14.3 billion was for direct war requirements (i.e., combat or combat support
costs not expected to continue after combat operations end at major contingency locations), including
$8.9 billion for Operation Freedom’s Sentinel in Afghanistan and $5.4 billion for Operation Inherent
Resolve in Iraq and Syria. The remainder of contingency operations funding, $27.8 billion, was requested
for enduring requirements (i.e., costs for activities in theater and the continental United States expected to
remain after combat operations end).
The House-passed version of the NDAA (H.R. 4350) and the Senate Armed Services Committee (SASC)-
reported version of the bill (S. 2792) would have not authorized OCO funding. While neither version
included OCO funding, language in the legislation and accompanying documentation called for continued
transparency and DOD accountability in war spending.
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Section 1065G of the House bill would have required the Secretary of Defense to submit to Congress a
report “on the obligation and expenditure of funds that were authorized to be appropriated for overseas
contingency operations for fiscal year 2010 and fiscal year 2019.” The SASC bill and the enacted
legislation (S. 1605; P.L. 117-81) did not include the House provision. The explanatory statement
accompanying the enacted legislation noted “transparency in expenditures for overseas contingency
operations is critical to congressional oversight of the Department of Defense and effective budgeting for
military operations.” The statement directed the DOD Comptroller to continue to provide Congress with
quarterly Cost of War Execution Reports consistent with the reporting requirement in Section 1266 of the
FY2018 NDAA (P.L. 115-91).
S.Rept. 117-39, the report accompanying the SASC bill, included a provision on DOD budget
documentation for OCO. The provision stated the exclusion of OCO funding from certain documentation
did “not provide the Congress and the public with the appropriate level of detail and transparency
regarding war-related costs.” The report encouraged the DOD Comptroller “to provide separate budget
exhibits for direct war-related costs and for enduring war-related costs” in preparing the FY2023 budget
request.
The enacted legislation did not detail funding for contingency operations in separate tables. Figure 1 lists
requested and authorized amounts for selected DOD overseas activities that were previously resourced
with OCO funding (partially or fully).

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Figure 1. Amounts for Selected DOD Overseas Activities in FY2022 NDAA
(in billions of dollars)

CRS Products on Overseas Contingency Operations Funding
For background and analysis on funding for Overseas Contingency Operations, see CRS Report R44519,
Overseas Contingency Operations Funding: Background and Status, by Brendan W. McGarry and Emily
M. Morgenstern and CRS In Focus IF10143, Foreign Affairs Overseas Contingency Operations (OCO)
Funding: Background and Current Status, by Emily M. Morgenstern.
Afghanistan Security Forces Fund
In considering the FY2022 NDAA and other legislation, Congress expressed significant interest in how
developments in Afghanistan—including the collapse of the former U.S.-backed Afghan government and
its security forces and the withdrawal of U.S. military personnel from the country in August 2021—would

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change plans for the use of Afghanistan Security Forces Fund (ASFF) funding appropriated for FY2021
and prior years, and requested for FY2022.
In a May 2021 justification of its FY2022 budget request for the ASFF, DOD stated, given the then-
planned withdrawal of U.S. forces from Afghanistan, the $3.3 billion requested for ASFF was “even more
important than previously to maintain the viability of the Afghan forces and strengthening the Afghan
government leverage in negotiations to end the war on terms that preserve a democratic form of
government.”
The SASC bill, marked up in July, would have authorized the requested amount of funding ($3.33 billion)
for ASFF and limited the use of some funds until the Secretary of Defense provided a report to
congressional committees on aspects of the assistance and certified that the Afghan government was
meeting certain measures of progress.
The House bill, passed in September, would have authorized a total of $325 million for ASFF for
“contract close-out and other close-out operations.”
The enacted legislation did not authorize funding for ASFF. The accompanying explanatory statement
noted “there are sufficient funds from the previous fiscal year that will remain available for the
termination of Operation Freedom’s Sentinel and related support to the security forces of the Government
of Afghanistan.” The statement directed the Secretary of Defense to provide a report on the status of
ASFF funds, contracts, and equipment. Section 1092 required DOD briefings on the security situation in
Afghanistan and efforts to counter terrorist groups in the country. Section 1094 established the
Afghanistan War Commission to develop lessons learned from U.S. involvement in the country from
2001 to 2021.
CRS Products on Afghanistan
For background and analysis on Afghanistan, see CRS Report R46955, Taliban Government in
Afghanistan: Background and Issues for Congress, by Clayton Thomas and CRS Report R46879, U.S.
Military Withdrawal and Taliban Takeover in Afghanistan: Frequently Asked Questions, coordinated by
Clayton Thomas.

Author Information

Brendan W. McGarry

Analyst in U.S. Defense Budget

Disclaimer
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