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Foreign Assistance Act of 1961: Authorizations and Corresponding Appropriations

The Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2151 et seq.) serves as the cornerstone for the United States' foreign assistance policies and programs. Written, passed, and signed into law at what some consider the height of the Cold War, the Act is seen by some today as anachronistic. Ironically, when President Kennedy urged the 87th Congress to enact foreign aid legislation that would exemplify and advance the national interests and security strategies of the United States post-World War II, he described the existing foreign aid mechanisms as bureaucratic, fragmented, awkward, and slow. Some have used the same language today, nearly 50 years later, to characterize the legislation he promoted. The House Committee on Foreign Affairs and Senate Committee on Foreign Relations in the 111th Congress have set out to assess the current body of law that comprises foreign aid policy, starting with the Foreign Assistance Act of 1961. Their goal is to rebuild the United States' capacity to deliver effective foreign aid, and make aid more transparent and responsive to today's quick-changing international challenges. To this end, the Senate has before it the Foreign Assistance Revitalization and Accountability Act of 2009 (S. 1524; S.Rept. 111-122), which would establish a Council on Research and Evaluation of Foreign Assistance to objectively evaluate the impact of U.S. foreign assistance programs and their contribution to policies, strategies, projects, program goals, and priorities undertaken by the United States in support of foreign policy objectives. CORE will also cultivate an integrated research and development program to incorporate best practices from evaluation studies and analyses and foster and promote innovative programs to improve the effectiveness of U.S. foreign assistance. In the House, the Initiating Foreign Assistance Reform Act of 2009 (H.R. 2139; referred to the Committee on Foreign Affairs) would require the President to develop and implement, on an interagency basis, a comprehensive national strategy to further the United States foreign policy objective of reducing poverty and contributing to broad-based economic growth in developing countries, including responding to humanitarian crises. The bill would establish a United States Foreign Assistance Evaluation Advisory Council in the executive branch to assist in accomplishing these goals. Also in the House, the Foreign Relations Authorization Act for 2010 and 2011 (H.R. 2410; passed the House June 10, 2009) calls on the President to conduct an assessment of diplomacy and development and establish a strategy to achieve improvements in the diplomacy and aid agencies over the next 10 years, first by identifying "key objectives and missions for United States foreign policy and foreign assistance policies and programs, including a clear statement on United States objectives for development assistance." This report presents the authorities of the Foreign Assistance Act of 1961, as amended, and correlates those authorities with the operative appropriations measure (division F of P.L. 111-117; 123 Stat. 3312) that funds those authorities. For many years, foreign aid appropriations measures have waived the requirement that funds must be authorized before they are appropriated and expended. Understanding the relation between the authorities in the cornerstone Act and appropriations is key to foreign aid reform.

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