Appropriations for FY1999: Labor, Health and Human Services, and Education

Congressional research reportNov 19, 1998

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98-203 EPW

CRS Report for Congress

Received through the CRS Web

Appropriations for FY1999: Labor, Health and

Human Services, and Education

Updated November 19, 1998

Paul M. Irwin

Specialist in Social Legislation

Education and Public Welfare Division

Congressional Research Service ˜ The Library of Congress

Appropriations are one part of a complex federal budget process that includes budget

resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and

budget reconciliation bills. The process begins with the President’s budget request and is

bounded by the rules of the House and Senate, the Congressional Budget and Impoundment

Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current program

authorizations.

This report is a guide to one of the 13 regular appropriations bills that Congress considers

each year. It is designed to supplement the information provided by the House and Senate

Appropriations Subcommittees on Labor, Health and Human Services, and Education. It

summarizes the current legislative status of the bill, its scope, major issues, funding levels,

and related legislative activity. The report lists the key CRS staff relevant to the issues

covered and related CRS products.

This report is updated as soon as possible after major legislative developments, especially

following legislative action in the committees and on the floor of the House and Senate.

NOTE: A Web version of this document with

active links is available to congressional staff at

[http://www.loc.gov/crs/products/apppage.html]

Appropriations for FY1999: Labor, Health and Human

Services, and Education

Summary

This report describes the enactment by the 105th Congress of the Departments

of Labor, Health and Human Services, and Education, and Related Agencies

(L-HHS-ED) Appropriations Act, 1999. This Act provides nearly all discretionary

funds for three federal departments and related agencies. The report tracks issues

related to FY1999 L-HHS-ED funding, with particular attention to discretionary

programs. This report does not track issues related to mandatory L-HHS-ED

programs nor the authorizing legislation necessary prior to funding some of the

President’s FY1999 initiatives.

On February 2, 1998, the President submitted the Administration’s FY1999

budget to the Congress. The request was for $84.5 billion in discretionary funds for

L-HHS-ED programs, $4.1 billion or 5.1% more than the FY1998 amount of $80.4

billion, enacted primarily through P.L. 105-78. On July 20, 1998, the House

Appropriations Committee reported H.R. 4274, a bill to provide FY1999 L-HHS-ED

discretionary appropriations of $81.9 billion. On September 8, 1998, the Senate

Appropriations Committee reported S. 2440, a bill to provide $82.3 billion in FY1999

L-HHS-ED discretionary appropriations. As enacted October 21, 1998, P.L. 105277 (H.R. 4328) provides $83.3 billion in FY1999 discretionary funds for L-HHSED, 3.6% more than the FY1998 amount. Prior to final enactment, six continuing

resolutions provided temporary FY1999 funding beyond October 1, 1998.

U.S. Department of Labor (DOL): Major increases were requested by the

Administration for the Job Training Partnership Act (JTPA) programs and State

Operations of Unemployment Compensation programs. Discretionary DOL funding

in FY1998 was $10.7 billion; the FY1999 enacted amount is $10.9 billion.

U.S. Department of Health and Human Services (DHHS):

The

Administration requested major increases for the National Institutes of Health (NIH),

the Ryan White AIDS programs, the Substance Abuse and Mental Health Services

Administration (SAMHSA), Child Care and Development Block Grant (CCDBG),

and the Head Start program. Discretionary DHHS funding in FY1998 was $32.8

billion; the FY1999 enacted amount is $36.2 billion.

U.S. Department of Education (ED): Major increases were requested by the

Administration for Title I Grants to Local Educational Agencies, Education

Technology, an Educational Opportunity Zones initiative, Pell Grants, a CollegeSchools Partnerships initiative, and the Child Care initiative for 21st Century

Community Learning Centers. Discretionary ED funding in FY1998 was $29.4

billion; the FY1999 enacted amount is $28.4 billion.

Related Agencies: The Administration requested major increases for the

Corporation for Public Broadcasting (CPB) and for discretionary activities under the

Supplemental Security Income (SSI) program. Discretionary funding for related

agencies in FY1998 was $7.7 billion; the FY1999 enacted amount is $7.8 billion.

Key Policy Staff

Area of Expertise

Name

CRS

Division Telephone

Coordinator

Paul M. Irwin

EPW

7-7573

Ann Lordeman

William G. Whittaker

Linda Levine

Edward B. Rappaport

Richard N. Apling

James R. Storey

Christine Devere

Gene Falk

EPW

7-2323

7-7759

7-7756

7-7740

7-7352

7-7308

7-2587

7-7344

Karen J. Lewis

Kenneth R. Thomas

Irene E. Stith-Coleman

Judith A. Johnson

Sharon Kearney

Judith A. Johnson

Karen Spar

Sharon Kearney

Karen Spar

Celinda Franco

Joyce C. Vialet

Pamela W. Smith

Sharon Kearney

Melinda Gish

Sharon Kearney

Jennifer O’Sullivan

Richard Price

C. Stephen Redhead

Pamela W. Smith

Irene E. Stith-Coleman

Judith A. Johnson

Carol O’Shaughnessy

Karen Spar

Cecilia Echeverría

C. Stephen Redhead

Vee Burke

Gene Falk

STM

EPW

STM

EPW

STM

EPW

STM

EPW

STM

EPW

7-6190

7-5006

7-7080

7-7077

7-7367

7-7077

7-7319

7-7367

7-7319

7-7360

7-7305

7-7048

7-7367

7-4618

7-7367

7-7359

7-7370

7-2261

7-7048

7-7080

7-7077

7-7329

7-7319

7-1962

7-2261

7-7304

7-7344

Paul M. Irwin

Patricia Osorio-O’Dey

Wayne C. Riddle

EPW

7-7573

7-2392

7-7382

U.S. Department of Labor

Job training and employment services

Labor standards enforcement

Labor market information

Occupational safety and health

School-to-Work Opportunities Act

Trade Adjustment Assistance

Unemployment compensation

Welfare-to-Work

U.S. Department of Health and Human Services

Abortion, legal issues

Abortion procedures

AIDS, general

AIDS, Ryan White programs

Cancer research

Child care, child welfare

Family Planning

Head Start

Health professions education and training

Immigration and refugee policy

Immunization

Low-Income Home Energy Assistance Program

Maternal and Child Health Block Grant

Medicare

Needle exchange

NIH, health research policy

Older Americans Act

Social Services Block Grant

Substance abuse and mental health

Tobacco settlement

Welfare reform

U.S. Department of Education

Adult education and literacy

Bilingual education

Education of the Disadvantaged, Title I

Area of Expertise

Name

CRS

Division Telephone

Education Technology

National education goals, Goals 2000

National educational testing

Pell Grants

Safe and Drug-Free Schools

School choice

School-to-Work Opportunities Act

Special education, IDEA

Student aid, student loans

Teacher recruitment, preparation, and training

James B. Stedman

Wayne C. Riddle

Margot A. Schenet

Cecilia Echeverría

Wayne C. Riddle

Richard N. Apling

Nancy Lee Jones

Margot A. Schenet

James B. Stedman

EPW

7-7356

7-7382

7-7378

7-1962

7-7382

7-7352

7-6976

7-7378

7-7356

Corporation for National and Community ServiceAnn Lordeman

EPW

Corporation for Public Broadcasting

Bernevia McCalip

Library services

Wayne C. Riddle

EPW

National Labor Relations Board

Gail McCallion

National Labor Relations Board

Vince Treacy

Social Security Administration

Geoffrey Kollmann

EPW

Supplemental Security Income

Carmen Solomon-Fears EPW

7-2323

7-7781

7-7382

7-7758

7-7222

7-7316

7-7306

Related Agencies

Division abbreviations: A = American Law; E = Economics; EPW = Education and Public Welfare;

STM = Science, Technology, and Medicine.

Contents

Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Perspective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

302(b) Allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Funding Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

House Legislative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Senate Legislative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Public Law Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Veto Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Major Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Line Item Veto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

For Additional Reading, Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Other CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

U.S. Department of Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

The President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

The House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

The Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

U.S. Department of Health and Human Services . . . . . . . . . . . . . . . . . . . . . . . 19

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

The President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

The House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

The Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Abortion: A Perennial L-HHS-ED Issue . . . . . . . . . . . . . . . . . . . . . 21

Tobacco Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

U.S. Department of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

The President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

The House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

The Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

The President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

The House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

The Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Related Legislative Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Appendix A: Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Appendix B: Scope of the L-HHS-ED Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

List of Tables

Table 1. Legislative Status of the FY1999 Appropriations for Labor,

Health and Human Services, and Education, P.L. 105-277 . . . . . . . . . . . . . 1

Table 2. 302(b) Allocations for L-HHS-ED Programs . . . . . . . . . . . . . . . . . . . . 4

Table 3. Summary of L-HHS-ED Appropriations . . . . . . . . . . . . . . . . . . . . . . . 4

Table 4. L-HHS-ED Discretionary Appropriations, Trends From FY1994 . . . 10

Table 5. Department of Labor Discretionary Appropriations . . . . . . . . . . . . . . 13

Table 6. Detailed Department of Labor Appropriations . . . . . . . . . . . . . . . . . . 17

Table 7. Department of Health and Human Services Discretionary

Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Table 8. Detailed Department of Health and Human Services Appropriations . 25

Table 9. Department of Education Discretionary Appropriations . . . . . . . . . . . 27

Table 10. Detailed Department of Education Appropriations . . . . . . . . . . . . . . 33

Table 11. Related Agencies Discretionary Appropriations . . . . . . . . . . . . . . . . 36

Table 12. Detailed Related Agencies Appropriations . . . . . . . . . . . . . . . . . . . . 40

Table B.1. Scope of the L-HHS-ED Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

List of Figures

Figure 1. Federal and L-HHS-ED

Discretionary Appropriations, FY1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Figure 2. L-HHS-ED Discretionary Appropriations

by Department, FY1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Appropriations for FY1999: Labor, Health and

Human Services, and Education

Most Recent Developments

The Departments of Labor, Health and Human Services, and Education, and

Related Agencies (L-HHS-ED) Appropriations Act, 1999, was included in the

Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, P.L.

105-277 (H.R. 4328), which the President signed into law October 21, 1998. Prior

to the enactment of P.L. 105-277, a series of six continuing resolutions provided

interim FY1999 funding from October 1 to October 21, 1998.

Neither the House nor the Senate approved separate L-HHS-ED bills for

FY1999. The House bill, H.R. 4274, was reported by the House Appropriations

Committee on July 20, 1998 (H.Rept. 105-635). The Senate bill, S. 2440, was

reported September 8, 1998 (S.Rept. 105-300). The President submitted the FY1999

budget to the Congress on February 2, 1998.

This update of the report includes the details from P.L. 105-277 on funding

levels and other issues associated with the L-HHS-ED appropriations for FY1999;

it is a summary of the final legislative actions by the 105th Congress on these

appropriations.

Status

Table 1 tracks the key legislative steps necessary to enact appropriations for the

Departments of Labor, Health and Human Services, and Education, and Related

Agencies (L-HHS-ED) for FY1999.

Table 1. Legislative Status of the FY1999 Appropriations for Labor,

Health and Human Services, and Education, P.L. 105-277

Subcommittee

Markup

House

House Senate Report

6/23/98 9/1/98

H.R. 4274

7/20/98

H.Rept.

105-635

House Senate Senate Conference

Passage Report Passage

Report

— a, b

S. 2440

9/8/98

S.Rept.

105-300

—b

H.R. 4328

10/19/98

H.Rept.

105-825

Conference Report

Approval

House

Senate

Public

Law

H.R. 4328 H.R. 4328

P.L. 10510/20/98 10/21/98

277

333 y 65 y 10/21/98 e

95 n

29 n

The House passed two resolutions to govern the floor consideration of H.R. 4274. The first

resolution, H.Res. 564 (H.Rept. 105-762), was passed on October 2, 1998, by a vote of 216200 (roll call #476): see Congressional Record, daily edition, October 2, 1998, p. H9280-

CRS-2

9282, H9314. The second resolution, H.Res. 584, was passed on October 8, by a vote of 214209, 1 voting present (roll call #502); see Congressional Record, daily edition, October 8,

1998, p. H10126-10149.

A continuing resolution, P.L. 105-240, as amended, continued FY1999 funding for most Labor,

Health and Human Services, and Education projects and activities on a temporary basis from

October 1, 1998, through October 21, 1998; the resolution deemed that the House and Senate

reported versions had passed the House and Senate respectively as of October 1, 1998, for

purposes of the continuing resolution.

For text of the H.R. 4328 conference report (H.Rept. 105-825), see Congressional Record, daily

edition, October 19, 1998, p. H11044-11545.

For House approval of the H.R. 4328 conference report, see Congressional Record, daily edition,

October 20, 1998, p. H11592-11669; roll call #538 (333-95).

For Senate approval of the H.R. 4328 conference report, see Congressional Record, daily edition,

October 21, 1998, p. S12741-12810; roll call #314 (65-29).

House Committee. On February 2, 1998, the Administration submitted its

FY1999 budget proposal to the Congress. The House Subcommittee on Labor,

Health and Human Services, and Education Appropriations began hearings on

FY1999 appropriations on January 28, 1998, and continued them through May 20.

The House Subcommittee marked up its FY1999 bill on June 23, 1999. The House

Appropriations Committee marked up the bill, H.R. 4274, on July 14 and reported

the bill July 20, 1998 (H.Rept. 105-635). On October 2, 1998, the House approved

H.Res. 564 (H.Rept. 105-762), a rule to govern the floor debate on H.R. 4274, but

took no further action. On October 8, the House approved H.Res. 584, a rule for the

further consideration of H.R. 4274, agreed on a parental notification amendment to

the Title X Family Planning program, but took no further action.

Senate Committee. The Senate Subcommittee on Labor, Health and Human

Services, and Education Appropriations began hearings on March 5, 1998, and

continued them through June 2. The Senate Subcommittee marked its FY 1999 bill

on September 1, 1998. The Senate Appropriations Committee marked up the bill

September 3, and the bill, S. 2440, was reported September 8, 1998 (S.Rept. 105300). The full Senate did not consider S. 2440 as separate legislation.

Conference Committee; Public Law. On October 19, 1998, House-Senate

conferees agreed to a conference report (H.Rept. 105-825) on an omnibus bill for all

remaining FY1999 appropriations not yet enacted, including L-HHS-ED

appropriations, along with other legislation. The House agreed to the conference

report October 20, and the Senate October 21. H.R. 4328, the Omnibus

Consolidated and Emergency Supplemental Appropriations Act, 1999, P.L. 105-277,

was signed into law by the President October 21, 1999.

Continuing Resolutions. Since the FY1999 began October 1, 1998, six

temporary funding measures were enacted to enable most L-HHS-ED projects and

activities to keep going until the enactment of P.L. 105-277 on October 21, 1998.

For details on continuing resolutions and other legislation related to L-HHS-ED

programs, please see Related Legislation (page 42).

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DATA NOTE: In this report, unless otherwise noted, budget data for FY1998

and all stages of the FY1999 appropriation are based on the H.R. 4328 conference

report, H.Rept. 105-825, as printed in the Congressional Record, daily edition,

October 19, 1998, except that agency totals for discretionary funds are based on the

House Appropriations Committee unofficial staff table of October 26, 1998. Data

represent net funding amounts for specific programs and activities, taking into

account current, forward, and advance funding, as well as proposed rescissions. In

addition, agency discretionary totals are adjusted for budgetary scorekeeping. Except

where noted, budget data refer only to those programs within the purview of the

L-HHS-ED appropriations bill, and not to all programs within the jurisdiction of the

departments and agencies themselves.

Perspective

This report describes the President’s proposal for FY1999 appropriations for

L-HHS-ED programs and compares it with the FY1998 amounts. It tracks legislative

action and congressional issues related to the FY1999 L-HHS-ED appropriations

request, with particular attention paid to discretionary programs. The report

summarizes activities related to the annual budget process, such as the congressional

budget resolution, continuing resolutions, and supplemental appropriations (beginning

on page 42). However, the report does not track specific funding issues related to

mandatory L-HHS-ED programs, nor the authorizing legislation necessary prior to

funding some of the President’s initiatives. For a glossary of budget terms, please see

Appendix A: Terminology (page 45). For a discussion of the L-HHS-ED bill

jurisdiction, please see Appendix B: Scope of the L-HHS-ED Bill (page 46).

302(b) Allocations

The annual congressional budget resolution sets the aggregate discretionary

spending limit for the annual appropriations total, known as the 302(a) allocation.

From this allocation the House and Senate appropriations committees allocate funds

among its subcommittees for each of the 13 appropriations bills, known as the 302(b)

allocations. The 302(b) allocations can and do get adjusted during the year as the

various appropriation bills progress toward final enactment. The most recent 302(b)

allocation for the FY1999 L-HHS-ED appropriations bill in the House is $81.9 billion

in budget authority; in the Senate, the allocation for budget authority is $82.3 billion,

as shown in Table 2. The comparable 302(b) allocation for FY1998 is the enacted

appropriation of $80.4 billion; the comparable FY1999 amount enacted under P.L.

105-277 is $83.3 billion.

CRS-4

Table 2. 302(b) Allocations for L-HHS-ED Programs

(budget authority in billions of dollars)

FY1998

final

comparable

FY1999

request

comparable

FY1999

House

FY1999

Senate

FY1999

enacted

comparable

$80.4

$84.5

$81.9

$82.3

$83.3

Source: H.Rept. 105-722, September 16, 1998, for the FY1999 House amount; S.Rept. 105-191,

May 14, 1998, for the FY1999 Senate amount; and the unofficial House Appropriations Committee

staff table of October 26, 1998, for the comparable amounts for the FY1998 final, FY1999 request,

and the FY1999 enacted.

Table 3 shows the L-HHS-ED appropriations for FY1998 and FY1999 to date,

including both mandatory and discretionary funds within the L-HHS-ED bill. For

FY1999, the request is $84.5 billion in discretionary funds, $4.1 billion or 5.1% more

than the FY1998 amount of $80.4 billion. The House bill would provide $81.9 billion

for FY1999, the Senate bill $82.7 billion. The total discretionary funds enacted under

P.L. 105-277 for L-HHS-ED programs in FY1999 is $83.3 billion. Although the

table shows mandatory funding that is regularly included in the bill, the appropriations

committees generally have effective control only over the discretionary funds.

Table 3. Summary of L-HHS-ED Appropriations

(budget authority in billions of dollars)

FY1999

House

Senate

Committee Committee

Type of

appropriation a

FY1998

final

FY1999

request

FY1999

enacted b

Discretionary, current

year

$80.4

$84.5

$81.9

$82.7

$83.3

Mandatory, current

year

$191.0

$208.8

$208.9

$208.6

Total, current year

$271.4

$293.3

$290.8

$291.6

$292.0

Source: House Appropriations Committee unofficial staff table of October 26, 1998.

Appropriations are defined in Appendix A. Data are given only for programs included in the

L-HHS-ED appropriation bill.

The FY1999 enacted amounts are based on P.L. 105-277. FY1999 discretionary amounts may be

modified through further legislation during FY1999; FY1999 mandatory amounts are estimates that

are subject to modification through changes in program service levels, as well as further legislation

during FY1999.

Key Issues

The L-HHS-ED bill typically is one of the more controversial of the 13 regular

appropriation bills, not only because of the size of its funding total and the scope of

its programs, but also because of the continuing importance of various related nonfunding issues, such as restrictions on the use of federal funds for abortion.

CRS-5

Funding Levels. The L-HHS-ED bill provides most of the discretionary funds

for three federal departments and several related agencies including the Social

Security Administration (SSA). Of the 13 annual appropriation bills, the L-HHS-ED

bill is the largest single source of discretionary funds for all domestic programs; the

Defense bill is the largest source of discretionary funds for all federal programs. For

FY1998, the L-HHS-ED bill accounted for $80.4 billion (14.5%) and the Defense bill

accounted for $268.6 billion (48.4%) of the estimated $555.4 billion total for all

federal discretionary budget authority. Figure 1 shows the L-HHS-ED share of all

federal discretionary appropriations in FY1998.

Figure 1. Federal and L-HHS-ED

Discretionary Appropriations, FY1998

(in billions of dollars)

Source: Budget of the United States Government Fiscal Year 1999, Table S-8.

Once the aggregate size of the L-HHS-ED bill is agreed to, the distribution of

these discretionary funds among departments and programs within the bill becomes

an issue. Figure 2 shows the discretionary share for each department within the

L-HHS-ED total for FY1998.

CRS-6

Figure 2. L-HHS-ED Discretionary Appropriations

by Department, FY1998

(in billions of dollars)

Source: Percentage shares are based on H.Rept. 105-635.

House Legislative Action. The House Appropriations Committee marked up

the bill on July 14, and reported H.R. 4274 on July 20, 1998 (H.Rept. 105-635).

Highlights of the bill as reported include the following provisions.

! The bill would provide zero funding for the Low-Income Home Energy

Assistance Program (LIHEAP) and the summer jobs for youth program during

the current year, and would reject major funding increases requested for

education.

! The bill would restrict the reimbursement of Viagra for state Medicaid

programs.

! Title X Family Planning program would require local projects to notify parents

or obtain consent before giving contraceptive drugs or devices to minors.

! The bill would extend to the Medicare trust fund the so-called Hyde

amendment restricting funding for certain abortions.

! It would extend or continue certain restrictions included in previous

appropriation acts relating to: the use of human embryos in medical research;

distribution of hypodermic needles and syringes for injection of illegal drugs;

and funding for the monitoring or oversight of any future Teamsters election.

! Title VI of the House bill would authorize the Child Protection Act of 1998

requiring schools and public libraries receiving federal funds for computers to

restrict minors from gaining access to obscene materials on the Internet.

! Title VII of the House bill would permit an obstetrician-gynecologist to be

designated as the primary care provider under certain group health plans or

health insurance issuers; it would also require the Surgeon General’s cigarette

warning labels to include specific warnings concerning the higher incidence of

smoking-related deaths among African Americans.

On October 2, 1998, the House approved H.Res. 564, a rule to govern the floor

debate on H.R. 4274 and making in order the amendments printed in the report on the

CRS-7

rule (H.Rept. 105-762), including a Manager’s amendment and two amendments

related to parental notification on the Title X Family Planning program. However, the

House took no further action on H.R. 4274. On October 8, the House approved

H.Res. 584, a rule for the further consideration of H.R. 4274, which modified the

original rule by making in order the two Title X amendments before the consideration

of any other amendments. The House discussed the first of the two amendments,

modified it (roll call #504), subsequently agreed to the amendment as modified, and

took no further action on H.R. 4274. As amended, the amendment would modify the

Title X family parental notification requirements such that local service providers must

(1) notify parents or guardians of minors prior to providing contraceptive drugs or

devices, and (2) counsel all minors seeking services about abstinence and ensure all

counselors are adequately trained.1

Senate Legislative Action. The Senate Appropriations Committee marked up

the bill on September 3, and reported S. 2440 on September 8, 1998 (S.Rept. 105300). Highlights of the bill as reported include the following provisions.

! The bill would continue funding for two programs that would not be funded

under the House proposal: LIHEAP and the summer jobs for youth program,

and the aggregate total that would be provided for education would be nearly

as much as the amount requested by the Administration.

! It would extend or continue certain restrictions included in previous

appropriation acts relating to: the use of human embryos in medical research;

the distribution of hypodermic needles and syringes for injection of illegal

drugs; and the prohibition on federal funding of abortions.

! FY1998 language prohibiting the promulgation of ergonomic rules would be

eliminated.

! Title VI of the Senate bill would amend the Public Health Service Act to

authorize a National Center for Complementary and Alternative Medicine to

conduct and support basic and applied research at NIH.

Public Law Summary. As was shown in Table 3, the FY1999 L-HHS-ED

Appropriations Act under P.L. 105-277 provides $83.3 billion in discretionary funds,

$1.2 billion less than the budget request but $2.9 billion more than the comparable

FY1998 amount. The FY1999 appropriation either continued or increased funding

for most established major programs, as will be seen below in the discussion of

individual departments and agencies.

Funding for New Initiatives. Funding was provided for most, but not all, new

initiatives proposed in the President’s FY1999 budget, as follows.

! For the DOL Youth Opportunity Grants program, $250 million remains

available for FY1999, but no new funds are provided for the $250 million

request for FY2000.

! No funds were provided for the ED Education Opportunity Zones Initiative;

$200 million was requested.

For additional information, see CRS Report No. 97-1048, The Title X Family Planning

Program, by Sharon Kearney.

CRS-8

! An ED Class Size Reduction Initiative of $1.1 billion in mandatory funds was

requested; $1.2 billion in discretionary funds is provided.

! A Children’s Literacy Initiative at ED was funded in FY1998 at $210 million.

When required authorization was not enacted in time, those funds were

transferred to special education. However, P.L. 105-277 authorizes a new

Reading Excellence Act, and funds it at $260 million for FY1999-FY2000.

! An ED College-School Partnerships Initiative was proposed at $140 million;

the newly authorized Gaining Early Awareness and Readiness for

Undergraduate Programs (GEAR UP) is funded at $120 million.

! A newly authorized ED Teacher Quality and Recruitment program is funded

at $75 million; $67 million was requested for a program proposed by the

Administration in this area.

! $50 million was requested for the Corporation for Public Broadcasting (CPB)

Digital Transition Fund; $15 million was provided.

General Provisions. Consideration of the L-HHS-ED Appropriation Act, 1999,

under P.L. 105-277, included discussion of whether to continue or extend several of

the general provisions related to programs funded under the Act, as follows.

! Service providers under the Title X Family Planning program must provide

counseling to minors, and specifically are not exempt from any state law that

requires reporting of child abuse, child molestation, sexual abuse, rape, or

incest. However, House language is eliminated from final passage that would

have required parental notification or consent before providing contraceptive

drugs or devices to minors. (§211 and 219)

! The DHHS final rule promulgated April 2, 1998, entitled "Organ

Procurement and Transplantation Network" is prohibited from taking effect

prior to October 21, 1999; a study of the potential impact of organ

procurement and transplantation is required. (§214)

! The FY1999 Act continues from FY1998 the Hyde Amendment restricting the

use of funds for abortion, and adds a clarification to ensure that the restriction

applies to all L-HHS-ED trust fund programs funded in FY1999, as well as an

assurance that Medicare + Choice plans are not required to provide abortion

services. (§216, 508, and 509)

! For FY1998, an appropriations provision prohibited ED from using funds to

pilot test, field test, implement, administer, or distribute any federally

sponsored national education test in "reading, mathematics, or any other

subject" unless explicitly provided in law. The FY1999 Act makes this

provision a permanent amendment to the General Education Provisions Act

(GEPA, §447) and makes it applicable to any funds available to ED. (§305)

! The FY1998 prohibition of the use of funds provided in the Act to carry out

any program for the distribution of sterile needles or syringes for the

hypodermic injection of any illegal drug is continued. (§505)

! The FY1998 restrictions on the use of funds to conduct research with the use

of human embryos (including cloning) is continued for FY1999 funds. (§511)

! The FY1998 prohibition on use of funds provided in the Act for the

supervision of the election of any officer of the International Brotherhood of

Teamsters is continued in the FY1999 Act. (§514)

! The provision in the FY1999 House bill that would restrict the reimbursement

of Viagra for state Medicaid programs is not included in the FY1999 Act.

CRS-9

! An FY1998 DOL prohibition regarding the establishment of ergonomic

standards for worker protection is not included in the FY1999 Act; however,

DHHS is required to award an $890,000 contract to the National Academy of

Sciences (NAS) by January 1, 1999, to conduct a study of the relationship

between repetitive tasks in the workplace and musculoskelatal disorders.

Authorization for New Programs and Activities.

The L-HHS-ED

Appropriations Act, 1999, authorizes or amends several programs and activities.

! Title VI of the L-HHS-ED Act establishes within NIH the National Center for

Complementary and Alternative Medicine to conduct basic and applied

research to investigate and validate alternative medical systems. The Center

is funded at $50 million for FY1999.

! Title VII of the L-HHS-ED Act includes miscellaneous amendments to

programs and Acts such as the CPB, the Social Security Act, and the Railroad

Retirement Act.

! Title VIII of the L-HHS-ED Act authorizes the Reading Excellence Act to

ensure that each child is taught to read in early childhood. As was already

mentioned, this new program is funded at $260 million.

! Title VIII also amends the Even Start program, repeals certain unfunded ED

programs, and makes technical and conforming amendments to the Workforce

Investment Act of 1998, P.L. 105-220 (WIA) regarding job training, adult

education, and vocational rehabilitation programs.

! Title XI of the L-HHS-ED Act authorizes the Women’s Health and Cancer

Rights Act of 1998 concerning health insurance coverage for mastectomies.

Veto Threat. On July 14, 1998, the White House issued a press release

expressing the President’s “deep concern” for the provisions of House bill, especially

those regarding school reform, class size reduction, school modernization, training

and job opportunities, childcare initiatives, and other programs for low-income

Americans. If the bill were sent to the President in its current form, he “would have

no choice but to veto it,” according to the White House statement.2 Subsequent to

the House Committee markup of H.R. 4274, the Office of Management and Budget

(OMB) issued a “Statement of Administration Policy” which discussed in detail the

Administration’s major objections to the bill and stated that the President would veto

the bill in its current form due to “very serious funding and language issues.”3

Major Funding Trends

The L-HHS-ED appropriations consist of mandatory and discretionary funds;

however, the Appropriations Committees fully control only the discretionary funds.

Mandatory funding levels for programs included in the annual appropriations bills are

modified by changes in the authorizing legislation; these changes typically are

The White House. Office of the Press Secretary. Statement by the President. July 14,

1998.

Executive Office of the President. Office of Management and Budget. Statement of

Administration Policy. H.R. 4274 — Departments of Labor, Health and Human Services,

Education, and Related Agencies Appropriations Bill, FY1999. August 4, 1998.

CRS-10

accomplished through the authorizing committees and combined into large, omnibus

reconciliation bills. Table 4 shows the trend in total discretionary budget authority

under the L-HHS-ED appropriations for FY1994 through FY1998. The L-HHS-ED

funds have increased by 19.5% for this 5-year period. The 5-year increase is reduced

to an estimated 9.4% after adjustment for inflation by use of the Gross Domestic

Product (GDP) deflator. When compared to all federal discretionary budget

authority, the L-HHS-ED portion increases from 13.4% in FY1994 to 14.5% in

FY1998. When compared to all federal budget authority, both discretionary and

nondiscretionary (mandatory), the L-HHS-ED portion increases during this period

from 4.4% in FY1994 to 4.8% in FY1998.

Table 4. L-HHS-ED Discretionary Appropriations, Trends From

FY1994

(budget authority in billions of dollars)

Type of funds

FY1994 FY1995 FY1996

FY1997 FY1998

L-HHS-ED discretionary

$67.3

$67.8

$67.2

$74.7

$80.4

L-HHS-ED discretionary in

FY1997 dollars

$73.5

$72.2

$70.0

$76.1

$80.4

L-HHS-ED % of all federal

discretionary funds a

13.4%

12.7%

13.4%

13.9%

14.5%

L-HHS-ED % of total federal

budget authority

4.4%

4.3%

4.5%

4.8%

Total federal discretionary

$501.5

$533.8

$502.5

$536.3

$555.4

Total federal budget authority $1,529.3 $1,539.7 $1,580.8 $1,642.9 $1,687.3

GDP deflator

1.0512

1.0782

1.1031

1.1274

1.1488

Source: Budget of the United States Government Historical Tables Fiscal Year 1999, tables 5.2 and

10.1 (for total federal budget authority and GDP deflator); Budget of the United States Government,

various years (for discretionary funds, both total and for the L-HHS-ED Appropriation Committee);

and H.Rept. 105-635 (for the FY1998 L-HHS-ED discretionary amount).

Discretionary funds include both defense and non-defense activities.

Line Item Veto

On June 25, 1998, the Supreme Court struck down the Line Item Veto Act as

unconstitutional in the case Clinton v. New York City. Prior to the decision, the

President did not exercise the veto authority over any of the items in the L-HHS-ED

appropriations for FY1998 under P.L. 105-78.4

For additional information, see CRS Issue Brief 89148, Item Veto and Expanded

Impoundment Proposals, by Virginia A. McMurtry.

CRS-11

For Additional Reading, Background

CRS Issue Briefs.

CRS Issue Brief 98012. The Budget for Fiscal Year 1999, by Philip D. Winters.

CRS Issue Brief 89148. Item Veto and Expanded Impoundment Proposals, by

Virginia A. McMurtry.

CRS Issue Brief 98044. Supplemental Appropriations: Emergency Agriculture Aid,

Embassy Security, Y2K Computer Conversion, and Defense, by Larry Nowels,

Coordinator.

Other CRS Products.

CRS Info Pack 521B. Budget for Fiscal Year 1999.

CRS Report 97-203. Appropriations for FY1998: Labor, Health and Human

Services, and Education, by Paul M. Irwin.

CRS Report 98-200. Appropriations for FY1999: an Overview, by J. Michael

Anderson.

CRS Report 98-199. Budget FY1999: A Chronology with Internet Access, by Mary

Frances Bley.

CRS Report 97-620. Budget Reconciliation in the 105th Congress: Achieving a

Balanced Budget by 2002, by David Stuart Koitz and Dawn Nuschler.

CRS Checklist 98-900. Conference Report on H.R. 4328, Making Omnibus

Consolidated and Emergency Supplemental Appropriations for Fiscal Year

1999: A Guide to CRS Products, by Library Services Division.

CRS Report 97-684. The Congressional Appropriations Process and the

Congressional Budget Act, by James V. Saturno.

CRS Report 97-684. The Congressional Appropriations Process: An Introduction,

by Sandy Streeter.

CRS Report 97-892. Continuing Appropriations Acts: Brief Overview of Recent

Practices, by Sandy Streeter.

CRS Report 98-268. Federal Budget: Social Spending in the President’s FY1999

Budget, by Dawn Nuschler.

CRS Report 98-521. Federal Budget: Social Spending Targets in the FY1999

House Budget Resolution, by Dawn Nuschler.

CRS Report 98-415. Federal Budget: Social Spending in the FY1999 Senate

Budget Resolution, by Dawn Nuschler.

CRS-12

CRS Report 98-800. Fiscal Year 1999 Continuing Resolution, by Sandy Streeter.

CRS Report 98-123. Supplemental Appropriations and Rescissions for FY1998, by

Larry Nowels, Coordinator.

Selected World Wide Web Sites.

General information regarding the budget and appropriations may be found at

the following web sites. Web sites specific to departments and agencies funded by the

L-HHS-ED appropriations will be listed in the appropriate sections of this report.

House Committee on Appropriations

[http://www.house.gov/appropriations]

[http://www.house.gov/appropriations/fact.htm]

Senate Committee on Appropriations

[http://www.senate.gov/~appropriations/]

[http://www.senate.gov/~appropriations/releases.htm]

CRS Appropriations Products Guide

[http://www.loc.gov/crs/products/apppage.html]

Congressional Budget Office

[http://www.cbo.gov]

General Accounting Office

[http://www.gao.gov]

Office of Management & Budget

[http://www.whitehouse.gov/WH/EOP/OMB/html/ombhome.html]

[http://www.access.gpo.gov/su_docs/budget/]

[http://www.whitehouse.gov/WH/EOP/OMB/SAP/]

CRS-13

U.S. Department of Labor

The FY1999 budget proposal for the U.S. Department of Labor (DOL) is $11.1

billion in discretionary funds, $0.4 billion (3.7%) more than the FY1998 appropriation

of $10.7 billion, as shown in Table 5. The House Committee bill would provide $9.6

billion; the Senate Committee bill would provide $10.7 billion; the amount enacted

under P.L. 105-277 is $10.9 billion. The discretionary amount enacted is $229 million

less than the request, but $181 million more than the FY1998 amount.

Table 5. Department of Labor Discretionary Appropriations

(budget authority in billions of dollars) a

FY1998

final

FY1999

request

FY1999

House

Committee

FY1999

Senate

Committee

FY1999

enacted b

$10.7

$11.1

$9.6

$10.7

$10.9

Source: House Appropriations Committee unofficial staff table of October 26, 1998.

The amounts shown are for discretionary programs funded by the L-HHS-ED appropriation bill;

mandatory programs funded through the L-HHS-ED bill and other laws are not included.

The FY1999 enacted amount is based on P.L. 105-277; this amount may be modified through

further legislation during FY1999.

Mandatory DOL programs included in the L-HHS-ED bill were funded at $1.9

billion in FY1998, and consist of the Black Lung Disability Trust Fund ($1.0 billion),

Advances to the Unemployment Insurance and Other Trust Funds ($0.4 billion),

Federal Unemployment Benefits and Allowances programs ($0.3 billion), and

Employment Standards Administration Special Benefits programs ($0.2 billion).

Key Issues

The President’s Request. The President’s FY1999 budget request for DOL

features three broad strategic goals: a prepared workforce, a secure workforce, and

quality workplaces. According to the Administration, a prepared workforce increases

employment opportunities by providing all workers with the assistance and tools

needed to succeed in the job market, including the information needed to make good

employment choices. The goal of a secure workforce means promoting the economic

security of workers and their families, including wage, hour, and other employment

conditions; providing unemployment compensation benefits for those unable to work;

offering retraining and adjustment services; and protecting pension, health care, and

other benefits. A quality workplace is said to be one that is safe, healthy, and fair.

Major DOL discretionary increases under the President’s FY1999 budget include

the following.

! An additional $167 million is requested for Job Training Partnership Act

(JTPA) programs, including increases of $45 million for Adult Training

programs, $100 million for Dislocated Worker Assistance, and $61 million for

CRS-14

the Job Corps; there also would be a reduction of $39 million for National

Activities.

! An increase of $100 million is proposed for State Operations for

Unemployment Compensation.

Smaller DOL increases are proposed for Departmental Management salaries and

expenses.

A decrease of $75 million is proposed for the DOL portion of the School-toWork Opportunities Act program; the reduction is the first step of the authorized

phase-out of the program by the year 2001. No additional funds are requested for the

Year 2000 Computer Conversion project under the State Unemployment Insurance

Account; the conversion project was funded at $200 million in 1998, but the amount

includes $40 million advance funded for 1999.

The House Bill. At the Committee level, the House bill does not accept all of

the funding levels proposed in the President’s FY1999 budget.

! The JTPA Summer Youth program, funded at $871 million in FY1998 and

level funded under the budget request, would be zeroed out in the House bill.

! The JTPA Dislocated Worker Assistance program would be level funded

rather than increased by $100 million under the budget request.

! The proposed JTPA program of Opportunity Areas for Youth, previously

advance funded for FY1999 at $250 million, would have those funds

rescinded.

! The Unemployment Compensation State Operations program would receive

an increase of $1 million instead of the $100 million requested.

! The School-to-Work Opportunities program, funded at $200 million in

FY1999 and with a budget request of $125 million, would be reduced to $75

million.

The Senate Bill. At the Committee level, the Senate bill differs from the House

proposal with regard to several programs.

! The JTPA Summer Youth program would be level funded at $871 million,

rather than terminated.

! The JTPA Dislocated Worker Assistance program would be increased by $55

million rather than level funded under the House bill.

! The proposed Opportunity Areas for Youth, previously advance funded for

FY1999 at $250 million, would retain $125 million for FY1999 and the

remainder would be rescinded; an additional $250 million would be provided

for FY2000.

! The School-to-Work Opportunities program would be funded at $125 million,

as requested, rather than being reduced to $75 million under the House bill.

! The Senate bill would include a $137 million rescission in the Welfare-to-Work

Transition program.

Public Law. The FY1999 L-HHS-ED Appropriations Act under P.L. 105-277

provides funding levels that differ from those in the President’s budget request for

several DOL programs.

CRS-15

! No funds are provided in the bill for Youth Opportunity Grants; the request

was for $250 million, on an advance funded basis, for FY2000. However, the

FY1998 appropriation of $250 million was made on an advance funded basis;

those funds remain available for the 1999 program year.

! An unrequested rescission of $137 million is made to the Welfare-to-Work

Grants program; the conference report says that these are funds that remained

unclaimed by states at the end of the fiscal year.

! The JTPA Adult Training program is funded at $955 million, the same as the

FY1998 amount; the budget proposed a $45 million increase.

! The JTPA Dislocated Worker Assistance program is funded at $1.4 billion,

$55 million above the FY1998 amount but $45 million below the request.

For Additional Reading

CRS Issue Briefs.

CRS Issue Brief 97051. Child Labor and Public Policy: Legislative and

Administrative Issues Involving American Workplaces, by William G. Whittaker.

CRS Issue Brief 98003. OSHA “Reinvention;” Initiatives by Congress and the

Administration, by Edward B. Rappaport.

CRS Issue Brief 98023. Trade Adjustment Assistance: Proposals for Renewal and

Reform, by James R. Storey.

CRS Reports.

CRS Report 97-724. Ergonomics in the Workplace: Is it Time for an OSHA

Standard?, by Edward Rappaport.

CRS Report 97-536. Job Training Reform: Legislation in the 105th Congress, by

Ann Lordeman.

CRS Report 94-807. The Job Training Partnership Act: Training Programs at a

Glance, by Ann Lordeman.

CRS Report 97-541. School-to-Work Opportunities Act, by Richard N. Apling.

CRS Report 95-742. Unemployment Benefits: Legislative Issues in the 105th

Congress, by James R. Storey.

CRS Report 97-369. Unemployment Compensation: Proposals to Reduce the

Federal Role, by James R. Storey.

CRS Report 98-62. Welfare Reform: The Welfare-to-Work Grant Program, by

Christine Devere and Gene Falk.

CRS-16

Selected World Wide Web Sites.

U.S. Department of Labor

[http://www.dol.gov]

[http://www.dol.gov/dol/_sec/public/budget/main.htm]

Detailed Appropriation Table

Table 6 shows the appropriation details for offices and major programs of DOL.

CRS-17

Table 6. Detailed Department of Labor Appropriations

($ in millions)

Office or Major Program

FY1998

final

FY1999

request

Employment and Training Administration (ETA)

Training and Employment

955

1,000

Services, Job Training

Partnership Act (JTPA)

Adult Training

—JTPA Youth Training

130

—JTPA Summer Youth

871

Program

—JTPA Dislocated

1,351

1,451

Worker Assistance

—JTPA Job Corps

1,246

1,308

—JTPA Youth

250

Opportunity Grants (YOG)

—JTPA YOG Services b

250

(non-add)

—JTPA Other Federally

218

179

Administered Programs c

—JTPA subtotal

5,021

5,189

—School-to-Work

200

125

Opportunities

—Training and

Employment Services,

Other

Welfare-to-Work

Rescission

Community Service

440

Employment for Older

Americans

Federal Unemployment

349

361

Benefits and Allowances,

Trade Adjustment and

NAFTA Activities

State Unemployment

2,114

2,214

Insurance, Employment

Service Operations

(SUI/ESO),

Unemployment

Compensation State

Operations

—SUI/ESO

200

Unemployment

Compensation, Year 2000

Computers d

—SUI/ESO

206

191

Unemployment

Compensation, Other

—SUI/ESO, Employment

817

Service

FY1999

House

Senate

Committee Committee

FY1999

enacted a

955

950

955

130

871

130

871

1,351

1,406

1,308

(250)

1,301

125

1,308

125

250

172

241

217

3,666

5,024

125

4,887

125

(137)

440

361

2,115

2,135

(40)

206

196

191

817

822

CRS-18

Office or Major Program

FY1998

final

FY1999

request

—SUI/ESO, One-Stop

163

147

Career Centers

Advances to

392

357

Unemployment Trust Fund

and Other Funds

ETA Program

131

143

Administration

ETA, subtotal

10,045

9,994

Pension and Welfare

Benefits Administration

Pension Benefit Guaranty

Corporation (PBGC)

Administration

PBGC Services (non-add)

137

148

Employment Standards Administration (ESA)

ESA Salaries and

301

316

Expenses

ESA Special Benefits

201

179

ESA Black Lung

1,007

1,021

Disability Trust Fund,

Appropriation

Occupational Safety and

337

355

Health Administration

(OSHA)

Mine Safety and Health

203

211

Administration (MSHA)

Bureau of Labor Statistics

381

399

Departmental

381

422

Management

TOTALS, DEPARTMENT OF LABOR

Total Appropriations e

12,949

12,998

FY1999

House

Senate

Committee Committee

FY1999

enacted a

137

147

357

138

8,323

9,559

9,477

148

312

311

314

179

1,021

179

1,021

179

1,021

337

349

353

203

211

399

393

391

420

399

421

11,262

12,539

12,475

Source: Amounts are compiled from the H.R. 4328 conference report, H.Rept. 105-825, as printed

in the Congressional Record, daily edition, October 19, 1998.

The FY1999 enacted amounts are based on P.L. 105-277; these amounts may be modified by further

legislation during FY1999.

The FY1998 appropriation was to be made available in FY1999, contingent on the enactment of

job training reform legislation by July 1, 1998; the Workforce Investment Act of 1998, P.L. 105-220

(WIA), was not enacted until August 7, 1998. The FY1999 appropriation provides $250 million for

the new WIA Youth Opportunity Grants program, but rescinds the contingent $250 million initially

made available for FY1999 under the FY1998 appropriation.

These amounts do not include a P.L. 105-277 supplemental $7 million for the JTPA Migrant and

Seasonal Farmworkers program.

The FY1998 appropriation included $40 million of advance funding for FY1999.

The appropriations total includes discretionary and mandatory funds as well as scorekeeping and

other adjustments.

CRS-19

U.S. Department of Health and Human Services

The FY1999 budget proposal for the U.S. Department of Health and Human

Services (DHHS) is $34.5 billion in discretionary funds, $1.7 billion (5.2%) more than

the FY1998 appropriation of $32.8 billion, as shown in Table 7. The House

Committee bill would provide $34.2 billion; the Senate Committee bill would provide

$33.5 billion; the amount enacted under P.L. 105-277 is $36.2 billion. The

discretionary amount enacted is $1.7 billion more than the request and $3.4 billion

more than the FY1998 amount.

Table 7. Department of Health and Human Services Discretionary

Appropriations

(budget authority in billions of dollars) a

FY1998

final

FY1999

request

FY1999

House

Committee

FY1999

Senate

Committee

FY1999

enacted b

$32.8

$34.5

$34.2

$33.5

$36.2

Source: House Appropriations Committee unofficial staff table of October 26, 1998.

The amounts shown are for discretionary programs funded by the L-HHS-ED appropriation bill;

mandatory programs funded through the L-HHS-ED bill and other laws are not included.

The FY1999 enacted amount is based on P.L. 105-277; this amount may be modified through

further legislation during FY1999.

Mandatory DHHS programs included in the L-HHS-ED bill were funded at

$169.0 billion in FY1998, and consist primarily of Grants to States for Medicaid

($93.9 billion), Payments to Health Care Trust Funds ($60.9 billion), Social Services

Block Grant ($2.3 billion), and Foster Care and Adoption ($4.4 billion).

Key Issues

The President’s Request. The President’s FY1999 budget request for DHHS

includes a number of themes related to the funding and delivery of health care and

social services. The DHHS budget emphasizes health research programs, the

President’s Child Care initiative, children’s health insurance, fraud and abuse

prevention, user fees, drug and alcohol treatment programs, human immunodeficiency

virus - acquired immune deficiency syndrome (HIV/AIDS) prevention and treatment

programs, the President’s Race initiative as it relates to health disparities among

minority groups, and the tobacco settlement and related treatment and prevention

activities.

Major DHHS discretionary increases in the FY1999 budget request are as

follows:

! The largest discretionary increase is an additional $1.2 billion proposed for the

NIH, including additional funds for cancer, diabetes, heart disease, AIDS, brain

disorders (including Alzheimer’s and Parkinson’s), and malaria, among other

research programs.

CRS-20

! An additional $165 million is proposed for the Ryan White AIDS programs.

! A $128 million increase is requested for the Substance Abuse and Mental

Health Services Administration (SAMHSA).

! $200 million more is requested for Program Management under the Health

Care Financing Administration (HCFA).

! $294 million more is proposed for the Child Care and Development Block

Grant (CCDBG).

! A $313 million increase is included for Head Start.

Smaller DHHS increases are proposed for: the Centers for Disease Control and

Prevention (CDC), including the Chronic Diseases program, the Infectious Diseases

program, and Prevention Research; Consolidated Health Centers under the Health

Resources and Services Administration (HRSA); and the Title X Family Planning

program.

Reductions for DHHS programs are requested for several smaller programs

administered by HRSA and for the Office of the Secretary. Termination is proposed

for related DHHS Community Services programs outside of the Community Services

Block Grant (CSBG).

The House Bill. At the Committee level, the House bill does not accept all of

the funding levels proposed in the President’s FY1999 budget.

! The bill would provide an additional $59 million beyond the $1.2 billion

increase proposed for NIH.

! An increase of $271 million would be provided for SAMHSA rather than the

additional $128 million proposed in the budget.

! A decrease of $66 million rather than an increase of $294 million would be

provided for the CCDBG.

! An increase of $153 million would be provided for the Head Start program

rather than the requested increase of $313 million.

! Consolidated Health Centers would be increased by $100 million rather than

$14 million.

! The $1.1 billion previously advance funded for FY1999 for the Low-Income

Home Energy Assistance Program (LIHEAP) would be rescinded; however,

$1.1 billion would be provided in advance for FY2000, as requested.

The Senate Bill. At the Committee level, the Senate bill differs from the House

proposal with regard to several programs.

! The bill would provide NIH $15.6 billion, $760 million above the House

amount and $2.0 billion above the FY1998 amount.

! The CDC would be approximately level funded, $224 million less than the

House amount.

! Health Professions would be funded at $208 million, $96 million below the

House amount; the FY1998 amount was $293 million.

! HRSA Vaccine Injury Compensation would be increased to $155 million, $100

million more than the House proposal.

! SAMHSA would be approximately level funded, $306 million below the House

proposal.

CRS-21

! The CCDBG would be funded at $117 million more than the FY1998 amount,

and $183 million above the House amount.

! The Head Start program would be funded at the level requested in the budget,

$160 million more than the House amount. However, of the $4.7 billion

provided, $1.4 billion would be provided as an advance appropriations for

FY2000, so that the remaining $3.3 billion available for FY1999 would be a

$1 billion reduction from the comparable FY1998 amount of $4.3 billion.

! Existing funding for LIHEAP for FY1999 would be continued, and no existing

funds would be rescinded as under the House proposal; $1.1 billion would be

provided in advance for FY2000 as requested.

! The Social Services Block Grant, Title XX (SSBG), an entitlement program,

would be reduced to $1.9 billion, the same as the budget request; the House

bill would continue funding at the FY1998 level of $2.3 billion.

Public Law. The FY1999 L-HHS-ED Appropriations Act under P.L. 105-277

provides funding levels that differ from those in the President’s budget request for

several DHHS programs.

! The bill provides $15.7 billion for the NIH, $0.8 billion more than requested

and $2.0 billion more than the FY1998 amount.

! Consolidated Health Centers are funded at $925 million, $86 million more than

requested and $100 more than the FY1998 amount.

! The Ryan White AIDS program is provided $1.4 billion, $98 million more than

requested and $261 million more than for FY1998.

! The HRSA Vaccine Injury Compensation is increased to $155 million, $100

million more than requested and $110 million more than for FY1998.

! Other HRSA programs are funded at $442 million, an increase of $129 million

over the requested amount and $93 million more than the FY1998 amount.

! The CDC receives $2.6 billion, an increase of $113 million over the request

and $226 million above the FY1998 amount.

! SAMHSA is funded at $2.4 billion, $213 million more than the request and an

increase of $341 million above the FY1998 amount.

! The CCDBG is reduced to $1.2 billion, $177 million below the requested

amount but $117 million more than the FY1998 amount.

Abortion: A Perennial L-HHS-ED Issue. Since FY1977, the annual

L-HHS-ED appropriations acts have contained restrictions that limit the

circumstances under which federal funds can be used to pay for abortions except in

the case where the life of the mother is endangered. Popularly referred to as the Hyde

Amendment, these provisions generally apply to all L-HHS-ED funds; however,

Medicaid is the primary program affected. The 103rd Congress modified the

provisions to permit federal funding of abortions in cases of rape or incest. The

FY1998 L-HHS-ED Act, P.L. 105-78, extended the Hyde provisions to prohibit the

use of federal funds to buy managed care packages that include abortion coverage,

except in the cases of rape, incest, or life endangerment. For FY1999, the FY1998

Hyde Amendment provisions are continued, along with a clarification to ensure that

the Hyde Amendment applies to all trust fund programs funded by the L-HHS-ED

CRS-22

Appropriations Act, 1999, as well as an assurance that Medicare + Choice plans are

not required to provide abortion services.5

Tobacco Legislation. The funding for a number of the President’s initiatives,

including many in the L-HHS-ED proposal, was to be derived from tobacco

legislation. Such legislation was considered by the 105th Congress, but no proposal

was enacted into law. Under the President’s budget, net federal receipts for the

tobacco proposal were estimated at $10 billion for FY1999 and would have been

spent on, among other DHHS programs: the National Institutes of Health (NIH),

cancer demonstration projects, the CDC’s smoking prevention efforts, children’s

health care coverage, and the CCDBG.6

For Additional Reading

CRS Issue Briefs.

CRS Issue Brief 95095. Abortion: Legislative Response, by Karen J. Lewis and

Thomas P. Carr.

CRS Issue Brief 98001. Child Care Legislation in the 105th Congress, by Karen

Spar.

CRS Issue Brief 98010. Head Start: Background and Legislation in the 105th

Congress, by Karen Spar and Molly Forman.

CRS Issue Brief 98016. Immigration Legislation and Issues in the 105th Congress,

by Joyce Vialet, Coordinator.

CRS Issue Brief 98011. Research and Development Funding: Fiscal Year 1999, by

Michael E. Davey, Coordinator.

CRS Issue Brief 98022. The Tobacco Settlement: Issues, by C Stephen Redhead.

CRS Issue Brief 93034. Welfare Reform, by Vee Burke.

CRS Reports.

CRS Report 95-1101. Abortion Procedures, by Irene E. Stith-Coleman.

CRS Report 96-293. AIDS Funding for Federal Government Programs: FY1981FY1998, by Judith A. Johnson.

CRS Report 98-476. AIDS: Ryan White CARE Act, by Sharon Kearney.

For additional information, see CRS Issue Brief 95095, Abortion: Legislative Response,

by Karen J. Lewis and Thomas P. Carr.

For additional information, see Budget of the United State Government Fiscal Year 1999,

p. 70 and Table S-7, and the CRS Electronic Briefing Book on the Tobacco Settlement at

[http://thomas.loc.gov/brbk/html/ebtobtop.html].

CRS-23

CRS Report 96-253. Cancer Research: Selected Federal Spending and Morbidity

and Mortality Statistics, by Judith A. Johnson.

CRS Report 98-740. The Centers for Disease Control and Prevention: An

Overview, by Paulette L. Como and Irene Stith-Coleman.

CRS Report 96-780. Child Care for Low-income Families: Federal Programs and

Welfare Reform, by Karen Spar.

CRS Report 98-541. Child Care: The Role of the Federal Government, by Molly

Forman and Karen Spar.

CRS Report 97-335. Cloning: Where Do We Go From Here?, by Irene E. StithColeman.

CRS Report 97-917. Disease Funding and NIH Priority Setting, by Judith A.

Johnson.

CRS Report 97-63. Health Care Financing Administration Administrative Costs, by

Celinda Franco.

CRS Report 97-757. Health Centers, by Sharon Kearney.

CRS Report 97-485. Health Professions Education and Training Programs in the

Public Health Service Act, by Celinda Franco.

CRS Report 95-910. Human Embryo Research, by Irene E. Stith-Coleman.

CRS Report 97-510. Immunization Funding Under Section 317 of the Public Health

Service Act, by Melvina Ford.

CRS Report 94-211. The Low-Income Home Energy Assistance Program: A Fact

Sheet, by Melinda Gish.

CRS Report 97-350. Maternal and Child Health Block Grant, by Melvina Ford and

Sharon Kearney.

CRS Report 95-96. The National Institutes of Health: An Overview, by Pamela W.

Smith.

CRS Report 95-917. Older Americans Act: Programs and Funding, by Carol

O’Shaughnessy and Alice D. Butler.

CRS Report 98-668. Refugee Admissions and Resettlement Policy: Facts and

Issues, by Joyce C. Vialet.

CRS Report 94-953. Social Services Block Grants (Title XX of the Social Security

Act), by Karen Spar.

CRS-24

CRS Report 97-884. The Substance Abuse and Mental Health Services

Administration (SAMHSA), by Jennifer A. Neisner.

CRS Report 97-1048. The Title X Family Planning Program, by Sharon Kearney.

CRS Report 98-8. Tobacco Settlement Legislation: Summary and Comparison of

S. 1414, S. 1492, S. 1530, S. 1638, S. 1889, and H.R. 3474, by C. Stephen

Redhead and Joy Austin-Lane.

CRS Report 98-115. Welfare Reform: Federal-State Financing Under the

Temporary Assistance for Needy Families Program, by Gene Falk.

Selected World Wide Web Sites.

U.S. Department of Health and Human Services

[http://www.hhs.gov]

[http://www.hhs.gov/progorg/asmb/budget/fy99budget/]

CRS Tobacco Settlement Briefing Book

[http://thomas.loc.gov/brbk/html/ebtobtop.html]

Detailed Appropriation Table

Table 8 shows the appropriation details for offices and major programs of

DHHS.

CRS-25

Table 8. Detailed Department of Health and Human Services

Appropriations

($ in millions)

Office or Major Program

FY1998

final

FY1999

request

Public Health Service (PHS)

Health Resources and

825

839

Services Administration

(HRSA), Consolidated

Health Centers

HRSA, National Health

115

Service Corps

HRSA, Health Professions

293

291

HRSA, Maternal and Child

681

682

Health Block Grant

HRSA, Ryan White AIDS

1,150

1,313

Programs

HRSA, Family Planning

203

218

(Title X)

HRSA, Vaccine Injury

Compensation

HRSA, Other

349

313

HRSA, subtotal

3,662

3,826

Centers for Disease

2,384

2,497

Control and Prevention

(CDC)

National Institutes of

13,622

14,803

Health (NIH)

Substance Abuse and

2,147

2,275

Mental Health Services

Administration

(SAMHSA)

Retirement Pay and

191

202

Medical Benefits,

Commissioned Officers

Agency for Health Care

100

Policy and Research

PHS, subtotal

22,096

23,703

Health Care Financing Administration (HCFA)

Medicaid Grants to States

93,881

103,328

Payments to Health Care

60,904

62,953

Trust Funds

Program Management

1,789

1,943

HCFA, subtotal

156,574

168,224

Administration for Children and Families (ACF)

—Family Support

660

2,739

Payments to States

(Welfare, Child Support)

FY1999

House

Senate

Committee Committee

FY1999

enacted a

925

115

304

700

208

683

304

700

1,331

1,368

1,411

203

215

155

315

3,948

2,591

376

4,045

2,367

442

4,267

2,610

14,862

15,622

15,652

2,458

2,152

2,488

202

100

24,161

24,437

25,319

103,328

62,953

103,327

62,953

103,327

62,953

1,943

168,224

1,686

167,966

1,947

168,227

2,664

2,739

CRS-26

Office or Major Program

FY1998

final

FY1999

request

FY1999

House

Senate

Committee Committee

—Low Income Home

1,100

1,087

1,100

Energy Assistance

Program (LIHEAP)

—Refugee and Entrant

415

Assistance

—Child Care and

1,066

1,360

1,000

1,183

Development Block Grant

(CCDBG)

—Social Services Block

2,299

1,909

2,299

1,909

Grant (Title XX)

—Children and Family

4,347

4,660

4,500

4,660

Services Programs (CFSP),

Head Start

—CFSP, Community

490

489

500

491

Services Block Grant

—CFSP, Community

Services, Other

—CFSP, Other

788

793

804

—Violent Crime

105

Reduction Programs

—Rescission of permanent

(21)

appropriations

—Family Support and

255

275

Preservation

—Foster Care and

4,358

5,339

5,119

5,319

Adoption Assistance State

Payments

ACF, subtotal

15,901

19,171

17,698

19,033

Administration on Aging

871

861

876

Office of the Secretary

243

282

236

238

TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Total Appropriations b

195,683

212,250

211,179

212,550

FY1999

enacted a

1,100

415

1,183

1,909

4,660

500

808

105

(21)

275

5,119

18,856

882

258

213,541

Source: Amounts are compiled from the H.R. 4328 conference report, H.Rept. 105-825, as printed

in the Congressional Record, daily edition, October 19, 1998.

The FY1999 enacted amounts are based on P.L. 105-277; these amounts may be modified by further

legislation during FY1999.

The appropriations total includes discretionary and mandatory funds as well as scorekeeping and

other adjustments.

CRS-27

U.S. Department of Education

The FY1999 budget proposal for the U.S. Department of Education (ED) is

$31.2 billion in discretionary funds, $1.8 billion (6.1%) more than the FY1998

appropriation of $29.4 billion, as shown in Table 9. The House Committee bill would

provide $30.6 billion; the Senate Committee bill would provide $30.9 billion; the

amount enacted under P.L. 105-277 is $28.4 billion.7 The discretionary amount

enacted is $2.7 billion less than the request and $1.0 billion less than the FY1998

amount.

Table 9. Department of Education Discretionary Appropriations

(budget authority in billions of dollars)a

FY1998

final

FY1999

request

FY1999

House

Committee

FY1999

Senate

Committee

FY1999

enacted b

$29.4

$31.2

$30.6

$30.9

$28.4

Source: House Appropriations Committee unofficial staff table of October 26, 1998.

The amounts shown are for discretionary programs funded by the L-HHS-ED appropriation bill;

mandatory programs funded through the L-HHS-ED bill and other laws are not included.

The FY1999 enacted amount is based on P.L. 105-277; this amount may be modified through

further legislation during FY1999.

Mandatory ED programs included in the L-HHS-ED bill were funded at $2.6

billion in FY1998, and consist entirely of the Rehabilitative Services and Disabilities

Research programs. The FY1999 ED budget also includes a $1.1 billion mandatory

proposal for a Grades 1 Through 3 Class Size Reduction and Teacher Financing

initiative (with funding dependent on receipts from tobacco legislation), and a tax

expenditure proposal that would provide federal tax credits in support of $20 billion

in interest-free bonds for a School Construction initiative.

Key Issues

The President’s Request. Support for education has been one of the

President’s top priorities, and the FY1999 budget proposal for ED continues to reflect

that emphasis. Major themes include: reducing class size and modernizing the

Nation’s schools; mastering basic skills to prepare for college and productive

employment; targeting aid to improve urban education; supporting educational

technology; and helping students prepare and pay for college.

Budget scorekeeping excludes advance funding from the current year totals. The ED totals

exclude $1.4 billion of advance funding for Title I in the FY1998 final amount, and $6.1

billion of advance funding in the FY1999 enacted amount, a $4.7 billion difference.

CRS-28

Major ED discretionary increases in the FY1999 budget request are as follows:

! The largest ED discretionary increase is $422 million in additional funds

proposed for Title I Grants to Local Educational Agencies (LEAs) for the

Education of the Disadvantaged.

! An additional $137 million is proposed for Educational Technology, including

the Technology Literacy Challenge Fund and Teacher Training in Technology.

! $200 million is proposed for an Education Opportunity Zones initiative that

would provide approximately 50 grants that would focus on the educational

problems of poor urban and rural school districts.

! An additional $249 million is requested to increase funding for the Pell Grant

program, including an $100 increase in the maximum award to $3,100.

! $140 million is proposed for a College-Schools Partnerships initiative to

encourage academic achievement and college enrollment by students from lowincome schools.

! $109 million more is proposed for other higher education programs, including

Minority Teacher Recruitment and other teacher recruitment and preparation

activities.

! $160 million additional is requested as part of the President’s Child Care

initiative for 21st Century Community Learning Centers to support

approximately 4,000 before- and after-school programs.

Smaller increases of less than $100 million are proposed for Goals 2000:

Educate America Act, other Education for the Disadvantaged programs, Safe and

Drug-Free Schools and Communities Act, Bilingual Education, Adult Education,

Federal Work-Study, Title III Aid for Institutional Development, TRIO programs,

Research and Statistics, and Salaries and Expenses.

A decrease of $112 million is proposed for Impact Aid programs. No funds are

requested for the $350 million Innovative Program Strategies (education block grant)

program and for the $25 million State Student Incentive Grants (SSIG) program. A

decrease of $75 million is proposed for the ED portion of the School-to-Work

Opportunities Act program; the reduction is the first step of the authorized phase-out

of the program by the year 2001. For Library Services, $146 million was initially

provided for FY1998 through the ED appropriation, and then transferred to the

Institute of Museum and Library Services (IMLS); for FY1999, $146 million is

requested directly for the IMLS as an L-HHS-ED Related Agency.

The House Bill. At the Committee level, the House bill does not accept all of

the funding levels proposed in the President’s FY1999 budget.

! Title I Grants to LEAs would be level funded rather than increased by $422

million.

! The Goals 2000 Education Reform program would be reduced by 50% to

$246 million, rather than increased slightly as requested.

! Educational Technology would be reduced by $43 million rather than increased

by $137 million.

! The $200 million School-to-Work Opportunities program, proposed in the

budget at $125 million, would be reduced to $75 million.

CRS-29

! An additional $40 million would be provided for the Impact Aid program

rather than a decrease of $112 million.

! The $350 million Innovative Program Strategies, the largest ED program

proposed for termination in the budget, would be increased to $400 million.

! The Educational Opportunity Zones initiative would not be funded.

! The Individuals with Disabilities Education Act State Grants program would

be increased by $503 million instead of $23 million.

! Instead of an additional $249 million for Pell Grants and an increase of $100

in the maximum grant, the bill would provide an increase of $834 million and

an increase of $150 in the maximum award.

! The College-Schools Partnership initiative would not be funded.

! Other higher education programs would be reduced by $90 million rather than

increased by $109 million.

! An increase of $20 million would be provided for the 21st Century Community

Learning Centers rather than $140 million increase requested.

! The House bill would prohibit the use of ED funds for development, testing

(including pilot or field testing), or administration of any federally sponsored

national test without specific and explicit statutory authorization.

! Several amendments would be made to the Bilingual Education Act to increase

the flexibility of teaching methods but limit the number of years students could

spend in bilingual program, with a priority placed on programs that moved

students into regular English language instruction within 2 years.

The Senate Bill. At the Committee level, the Senate bill differs from the House

proposal with regard to several programs.

! Title I Grants to LEAs would be increased by $301 million rather than level

funded as in the House bill.

! The Goals 2000 Education Reform program would be increased slightly rather

than cut by 50% under the House bill.

! Educational Technology would be funded at $83 million above the House

level, and $40 million more than the FY1998 amount.

! The School-to-Work Opportunities program would be funded at the budget

request level of $125 million, $50 million less than the House amount.

! The Impact Aid program would be nearly level funded.

! The $350 million Innovative Program Strategies would be level funded.

! $100 million would be provided for school construction; no funds were

requested and none provided in the House bill.

! Pell Grants would be funded at a level $349 million above the House amount,

with a maximum grant increase of $100 rather than $150.

! The Connection proposal would be funded at $75 million, contingent on

enactment of authorization; the budget request was for $140 million for a

College-Schools Partnership initiative.

! Other higher education programs, including $75 million in grants for improving

teacher quality, would be funded at a level $171 million over the House

amount, and $81 million more than the FY1998 amount.

! In increase of $35 million would be provided for the 21st Century Community

Learning Centers, $15 million more than the House amount.

CRS-30

! The Senate bill would provide that no funds may be used to field test or

administer any federally sponsored national tests; however, it would, by

implication, allow continuation of national test development and pilot testing.

Public Law. The FY1999 L-HHS-ED Appropriations Act under P.L. 105-277

provides funding levels that differ from those in the President’s budget request for

several ED programs. However, as already noted, the FY1999 ED discretionary

amount excludes a $4.7 billion increase in advance funding for the Title I Grants to

LEAs.

! The Title I Grants to LEAs program is funded at $7.8 billion, $121 million less

than requested but $301 million more than in FY1998. Of the FY1999

amount, $6.1 billion is advance funded: $1.4 billion was advance funded in

FY1998.8

! The Impact Aid program is funded at $864 million, an increase of $168 million;

a $112 million reduction was requested.

! The Innovative Education Program Strategies is funded at $375 million, $50

million more than the FY1998 amount; the request was for termination.

! $1.2 billion in discretionary funds is provided for a new Class Size Reduction

program; the budget requested $1.1 billion in mandatory funds from the

proposed Tobacco Settlement.

! The President’s request of $200 million for an Education Opportunity Zones

proposal is not funded.

! $260 million is provided for the Literacy Initiative; the FY1999 budget request

was for $50 million.9

! The IDEA State Grants program is funded at $4.8 billion, $290 million more

than requested and $313 million above the FY1998 level.

! Pell Grants are funded at $7.7 billion, $110 million more than requested and

$359 million more than in FY1998. The maximum award level is increased by

$125 to $3,125, $25 more than the maximum requested in the budget.

For Additional Reading

CRS Issue Briefs.

CRS Issue Brief 98013. Elementary and Secondary Education Block Grant

Proposals in the 105th Congress, by Wayne C. Riddle and Paul M. Irwin.

Advance funding means FY1999 funds will become available for obligation to the states on

October 1, 2000, instead of July 1, 2000; this 3-month change in the availability of funds is

anticipated to cause little change in the delivery of Title I services.

It was assumed in the budget that an additional $210 million would be available in FY1999

that was already enacted in the FY1998 appropriations, contingent on the enactment of

authorization by July 1, 1998. That contingency was not met; in fact, the Literacy Initiative

was enacted through the Reading Excellence Act, Title VII of the Department of Labor,

Health and Human Services, and Education, and Related Agencies Appropriations, 1999,

included in P.L. 105-277.

CRS-31

CRS Issue Brief 98004. The Higher Education Act: Reauthorization by the 105th

Congress, by James B. Stedman and Wayne Riddle.

CRS Issue Brief 98035. School Choice: Current Legislation, by Wayne Riddle and

James Stedman.

CRS Reports.

CRS Report 97-534. Adult Education and Literacy: Current Programs and

Legislative Proposals in the 105th Congress, by Paul M. Irwin.

CRS Report 98-547. Bilingual Education: A Description and Analysis of H.R.

3892, the “English Language Fluency Act”, by Wayne Riddle.

CRS Report 97-893. Education Block Grant in FY1998 Appropriations, by Paul M.

Irwin and Wayne C. Riddle.

CRS Report 97-339. Federal TRIO Programs and the National Early Intervention

Scholarship and Partnership Program, by James B. Stedman.

CRS Report 95-502. Goals 2000: Educate America Act Implementation Status and

Issues, by James B. Stedman and Wayne C. Riddle.

CRS Report 98-880. Individuals with Disabilities Education Act (IDEA) Provisions

in the Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, by Nancy Lee Jones and Richard N. Apling.

CRS Report 96-178. Information Technology and Elementary and Secondary

Education: Current Status and Federal Support, by James B. Stedman and

Liane White.

CRS Report 97-101. Pell Grants: Background and Issues, by Margot A. Schenet.

CRS Report 98-455. Magnet Schools Assistance Program: Overview and Status,

by Carol Glover.

CRS Report 97-774. National Tests: Administration Initiative, by Wayne Riddle.

CRS Report 97-972. Reading Instruction: New Federal Initiatives, by Wayne

Riddle.

CRS Report 94-224. Rehabilitation Act: Major Programs, 105th Congress

Legislation, and Funding, by Carol V. O’Shaughnessy and Alice D. Butler.

CRS Report 97-760. The Safe and Drug-Free Schools and Communities Program,

by Cecilia Oregón Echeverría.

CRS Report 95-1090. School Facilities Infrastructure: Background and Funding

in the 105th Congress, by Susan Boren.

CRS-32

CRS Report 97-541. School-to-Work Opportunities Act, by Richard N. Apling.

CRS Report 98-166. Teacher Quality and Quantity: Proposals in the 105th

Congress, by James B. Stedman.

CRS Report 96-380. Title I, ESEA: Current Status and Issues, by Wayne Riddle.

CRS Report 97-737. Title III of the Higher Education Act:

Reauthorization Issues, by James B. Stedman.

Status and

CRS Report 97-283. Vocational Education: Legislation to Reauthorize the Carl D.

Perkins Vocational and Applied Technology Education Act, by Richard N.

Apling.

Selected World Wide Web Sites.

U.S. Department of Education Home Page

[http://www.ed.gov/]

[http://www.ed.gov/offices/OUS/Budget99/]

Detailed Appropriation Table

Table 10 shows the appropriation details for offices and major programs of ED.

CRS-33

Table 10. Detailed Department of Education Appropriations

($ in millions)

Office or Major Program

FY1998

final

FY1999

request

Education Reform, Goals

491

501

2000: Educate America

Act

—School-to-Work

200

125

Opportunities

—Educational Technology

584

721

Office of Elementary and Secondary Education

—Title I Education for the

7,495

7,917

Disadvantaged, Grants to

LEAs b

—Education for the

527

579

Disadvantaged, Other

—Impact Aid

808

696

—School Improvement

335

(SI), Professional

Development

—SI, Innovative Program

350

Strategies

—SI, Class Size

Reduction c

—SI, Safe and Drug-Free

556

606

Schools

—SI, Magnet Schools

101

—SI, Education

200

Opportunity Zones

—SI, School Construction

Other School Improvement

199

234

America Reads Challenge/

Literacy Initiative d

Indian Education

Bilingual and Immigrant

354

387

Education

Office of Special Education and Rehabilitative Services

—Special Education, State

4,532

4,555

Grants

—Special Education, State

210

Grants (non-add advance

from prior year) d

—Special Education,

279

291

National Activities

—Rehabilitation Services

2,591

2,645

and Disability Research

Special Institutions for

133

137

Persons With Disabilities

FY1999

House

Senate

Committee Committee

FY1999

enacted a

246

496

491

125

541

624

698

7,495

7,796

561

539

575

848

285

810

335

864

335

400

350

375

1,200

556

566

101

104

195

100

210

231

260

354

380

4,825

4,834

4,845

210

279

2,647

2,645

2,653

137

138

CRS-34

Office or Major Program

FY1998

final

FY1999

request

Office of Vocational and Adult Education

Vocational Education

1,147

1,150

Adult Education

361

394

Student Financial Assistance

—Pell Grants

7,345

7,594

—Supplemental

614

619

Educational Opportunity

Grants

—Federal Work-Study

830

900

—Federal Perkins Loans,

135

Capital Contributions e

—Federal Perkins Loans,

Loan Cancellations

—State Student Incentive

Grants

Federal Family Education

Loans, Administration

Higher Education, Aid for

211

253

Institutional Development

—Federal TRIO Programs

530

583

—College-School

140

Proposals

—Other Higher Education

203

312

Howard University

210

College Housing and

Academic Facilities Loans,

Administration

Office of Educational Research and Improvement

—Research and Statistics

223

287

—21st Century

200

Community Learning

Centers

—Other Research and

168

202

Improvement

Departmental Management

436

461

TOTALS, DEPARTMENT OF EDUCATION

Total Appropriations f

32,150

33,591

FY1999

House

Senate

Committee Committee

FY1999

enacted a

1,154

378

1,147

356

1,154

385

8,179

614

8,528

619

7,704

619

850

900

870

100

231

225

258

600

555

600

120

113

214

284

210

330

214

237

223

252

200

151

181

213

454

457

459

32,930

34,368

35,561

Source: Amounts are compiled from the H.R. 4328 conference report, H.Rept. 105-825, as printed

in the Congressional Record, daily edition, October 19, 1998.

Table Notes are on next page.

CRS-35

Notes to Table 10:

The FY1999 enacted amounts are based on P.L. 105-277; these amounts may be modified through

further legislation during FY1999.

The FY1998 appropriation for Title I Grants to local educational agencies (LEAs) included $1.4

billion of advance funding; the FY1999 appropriation includes $6.1 billion of advance funding.

The FY1999 Class Size Reduction budget request was for $1.1 billion in mandatory funds from the

proposed Tobacco Settlement, and was not included in either the House or Senate appropriations

bills.

The FY1998 appropriation included $210 million for the Literacy Initiative, contingent on

enactment of authorizing legislation by July 1, 1998; without such authorization, funds were

transferred to the Special Education Account for FY1999.

The FY1999 request excludes a proposed $40 million transfer from a special Treasury account for

defaulted loan collections.

The appropriations total includes discretionary and mandatory funds as well as scorekeeping and

other adjustments.

CRS-36

Related Agencies

The FY1999 budget proposal for L-HHS-ED related agencies is $7.8 billion in

discretionary funds, $0.1 billion (1.3%) more than the FY1998 appropriation of $7.7

billion, as shown in Table 11. The House Committee bill would provide $7.7 billion;

the Senate Committee bill would provide $7.8 billion; the amount enacted under

P.L. 105-277 is $7.8 billion. The discretionary amount enacted is $13 million less

than the request but $81 million more than the FY1998 amount.

Table 11. Related Agencies Discretionary Appropriations

(budget authority in billions of dollars) a

FY1998

final

FY1999

request

FY1999

House

Committee

FY1999

Senate

Committee

FY1999

enacted b

$7.7

$7.8

$7.7

$7.8

Source: House Appropriations Committee unofficial staff table of October 26, 1998.

Amounts shown are for discretionary programs funded by the L-HHS-ED appropriation bill;

mandatory programs funded through the L-HHS-ED bill and other laws are not included.

The FY1999 enacted amount is based on P.L. 105-277; this amount may be modified through

further legislation during FY1999.

Mandatory programs for related agencies included in the L-HHS-ED bill were

funded at $24.4 billion in FY1998, of which $22.8 billion was for Supplemental

Security Income (SSI) activities and $0.6 billion was for Special Benefits for Disabled

Coal Miners.

Key Issues

The President’s Request. Major discretionary increases requested for related

agency programs include the following.

! An additional $90 million is proposed for the Corporation for Public

Broadcasting (CPB), of which $40 million is advance funded for FY2001 and

$50 million is proposed for a capital improvement program to begin the

transition of public broadcasting from analog to digital technology.

! $79 million additional funding is requested for discretionary activities under the

SSI program, including increased funds for continuing disability reviews

(CDRs), user fee activities, and termination of separate funding for

administrative activities related to welfare reform.

! $23 million additional is proposed for Domestic Volunteer Service Act

programs that are administered by the Corporation for National and

Community Service (CNCS), including VISTA and the National Senior

Service Volunteer Corps.

A decrease of $15 million is proposed for the Dual Benefits Payments Account

of the Railroad Retirement Board. For the SSA Limitation on Administrative

CRS-37

Expenses, a decrease of $40 million is proposed. For Library Services, $146 million

was initially provided for FY1998 through the ED appropriation, and then transferred

to the Institute of Museum and Library Services (IMLS); for FY1999, $146 million

is requested directly for the IMLS as an L-HHS-ED Related Agency.

The House Bill. At the Committee level, the House bill does not accept all of

the funding levels proposed in the President’s FY1999 budget.

! Advance funding for CPB would be increased by $40 million, as requested, but

the $50 million separate request for the Digital Transition Fund Initiative

would not be approved.

! The bill would provide a $23 million increase for SSI discretionary activities,

$50 million less than requested.

! The bill would reduce the VISTA program by $5 million and level fund the

remaining programs of the Domestic Volunteer Service Act, rather than

provide a funding increase of $23 million.

The Senate Bill. At the Committee level, the Senate bill differs from the House

proposal with regard to several programs.

! Advance funding for CPB would be the same as the House bill, but it would

provide $15 million to begin the Digital Transition Fund Initiative.

! The bill would provide an increase of $115 million for SSI discretionary

activities, $86 million more than the House and $36 million more than

requested.

! The bill would increase both VISTA and the National Senior Volunteer Corps

as requested, but level fund program administration for the Domestic

Volunteer Service Act as in the House bill.

! The bill would increase the NLRB by $9 million as requested, rather than the

level funding provided in the House bill.

Public Law. The FY1999 L-HHS-ED Appropriations Act under P.L. 105-277

provides funding levels for related agency programs similar to those in the President’s

budget request.

! The $50 million request for the CPB Digital Transition Initiative is funded at

$15 million, contingent on the enactment of a specific authorization by

September 30, 1999.

! The IMLS is funded at $166 million, $20 million more than the request and the

FY1998 amount.

! The SSA Limitation on Administrative Expenses is funded at $4.1 billion, $22

million less than the budget request and $44 million below the FY1998

amount.

For Additional Reading

CRS Issue Briefs.

CRS Issue Brief 95063. Public Broadcasting: Issues in the 105th Congress, by

Bernevia McCalip.

CRS-38

CRS Reports.

CRS Report 97-646. Federal Aid to Libraries: The Library Services and

Technology Act, by Wayne C. Riddle.

CRS Report 98-422. Social Security and the Federal Budget: What Does Social

Security’s Being “Off Budget” Mean?, by David Stuart Koitz.

CRS Report 95-206. Social Security’s Treatment under the Federal Budget: a

Summary, by David Stuart Koitz.

CRS Report 94-486. Supplemental Security Income (SSI): a Fact Sheet, by Carmen

Solomon-Fears.

CRS Report 97-340. Supplemental Security Income (SSI) for Children: New Rules,

by Carmen Solomon-Fears.

Selected World Wide Web Sites.10

Armed Forces Retirement Home

[http://www.afrh.com]

Corporation for National and Community Service

[http://www.cns.gov]

[http://www.cns.gov/nsn/47.html]

Corporation for Public Broadcasting

[http://www.cpb.org]

[http://www.cpb.org/library/pressreleases/02.02.98.html]

Federal Mediation and Conciliation Service

[http://www.fmcs.gov]

Institute of Museum and Library Services

[http://www.imls.fed.us]

[http://www.imls.fed.us/budget.html]

Medicare Payment Advisory Commission

[http://www.propac.gov/index.htm]

National Labor Relations Board

[http://www.nlrb.gov]

Not all of the L-HHS-ED related agencies have web sites, and not all web sites include

FY1999 budget information.

CRS-39

Railroad Retirement Board

[http://www.rrb.gov]

[http://www.rrb.gov/budget_and_finances.html]

Social Security Administration

[http://www.ssa.gov]

[http://www.ssa.gov/budget/fy1999budget.html]

United States Institute of Peace

[http://www.usip.org]

Detailed Appropriation Table

Table 12 shows the appropriation details for offices and major programs of the

L-HHS-ED related agencies.

CRS-40

Table 12. Detailed Related Agencies Appropriations

($ in millions)

Office or Major Program

Armed Services

Retirement Home

FY1998

final

FY1999

request

FY1999

House

Senate

Committee Committee

FY1999

enacted a

Corporation for National and Community Service: Domestic Volunteer Service Act Programs b

—Volunteers in Service to

America (VISTA)

—National Senior

Volunteer Corps

163

174

163

174

—Program Administration

Domestic Volunteer

Service subtotal

256

279

251

275

276

Corporation for Public

Broadcasting (CPB), 2Year Advance

300

340

CPB Digital Transition

Fund Initiative c

Federal Mediation and

Conciliation Service

Federal Mine Safety and

Health Review Committee

Institute of Museum and

Library Services d

146

156

166

Medicare Payment

Advisory Commission

National Commission on

Libraries and Information

Science

National Council on

Disability

National Education Goals

Panel

National Labor Relations

Board

175

184

175

184

National Mediation Board

Occupational Safety and

Health Review

Commission

Railroad Retirement Board

Dual Benefits Payments

194

180

178

Railroad Retirement Board

Limitation on

Administration

CRS-41

Office or Major Program

FY1998

final

FY1999

request

FY1999

House

Senate

Committee Committee

FY1999

enacted a

Social Security Administration (SSA)

—SSA, Special Benefits

for Disabled Coal Minors

586

524

—SSA, Supplemental

Security Income (SSI),

mandatory

22,763

28,981

28,988

—SSA, Supplemental

Security Income (SSI),

discretionary

2,287

2,366

2,316

2,402

2,366

—SSA, Federal Funds,

Other

—SSA, Limitation on

Administrative Expenses

4,122

4,082

4,063

4,060

—SSA, Office of Inspector

General

29,826

36,025

35,960

36,044

36,014

37,447

37,295

37,440

37,421

SSA subtotal

United States Institute for

Peace

TOTALS, RELATED AGENCIES

Total Appropriations e

31,139

Source: Amounts are compiled from the H.R. 4328 conference report, H.Rept. 105-825, as printed

in the Congressional Record, daily edition, October 19, 1998.

The FY1999 enacted amounts are based on P.L. 105-277; these amounts may be modified through

further legislation during FY1999.

Funds are provided for Domestic Volunteer Service Act programs only; the Corporation for

National and Community Service receives other funds for AmeriCorps Grants and related programs

from the Veterans Affairs and Housing and Urban Development appropriations bill.

The FY1999 appropriation is contingent on the enactment of a specific authorization by September

30, 1999.

The FY1998 appropriations were initially made to ED and then transferred to the Institute; for

FY1999, funds are appropriated directly to the Institute as an L-HHS-ED Related Agency.

The appropriations total includes discretionary and mandatory funds as well as scorekeeping and

other adjustments.

CRS-42

Related Legislative Activity

Several legislative items related to L-HHS-ED appropriations have been

considered by the 2nd Session of the 105th Congress, including supplemental

appropriations and rescissions for FY1998 and the congressional budget resolution

for FY1999.

P.L. 105-174 (H.R. 3579/S. 1768). The 1998 Supplemental Appropriations and

Rescissions Act.11 Among other provisions, this bill includes an additional $9.0

million for the CDC Disease Control, Research, and Training program, and $2.2

million more for HCFA Program Management; an offsetting rescission of $11.2

million is made to the DHHS Health Professions Education Fund. In addition, $20

million of existing DHHS funds are made available for Year 2000 conversion activities

related to external contractor systems for Medicare. Modifications are made to

spending authority for DHHS General Departmental Management and ED Special

Education programs, and to general provisions for state child health plans and the

notification period for public comments on the final rule for Organ Procurement and

Transplantation Network. H.R. 3579 (conference report H.Rept. 105-504) was

signed into law by the President May 1, 1998.

P.L. 105-240 (H.J.Res. 128). The First FY1999 Continuing Resolution

provides appropriations on a temporary basis for most ongoing L-HHS-ED projects

and activities, including the costs of direct loans and loan guarantees, for the period

October 1 through October 9, 1998, unless a regular FY1999 L-HHS-ED

appropriations bill is enacted sooner.12 Funding is provided at the “current rate,”

under FY1998 conditions and program authority.13 The resolution allows decreased

funding levels only in instances where the House, the Senate, and the President have

agreed to make a reduction, in which case the funding level would be the highest of

the amounts proposed by the House, the Senate, or the President. New initiatives are

prohibited, and extraneous provisions generally are excluded. Special provisions are

made for programs with high spend out rates that normally would occur early in the

fiscal year. The resolution deems that the House and Senate reported versions of the

FY1999 L-HHS-ED appropriations passed the House and Senate respectively as of

October 1, 1998, for purposes of the continuing resolution. H.J.Res. 128 passed the

House by a vote of 421 to 0 on September 17, 1998; it was passed by unanimous

consent by the Senate on the same day. H.J.Res. 128 was signed into law by the

President September 25, 1998.

For a summary of provisions, see CRS Report 98-123, Supplemental Appropriations and

Rescissions for FY1998, by Larry Nowels, Coordinator.

For background on continuing resolutions, see CRS Report 98-800, Fiscal Year 1999

Continuing Resolutions, by Sandy Streeter, Coordinator.

The term “current rate” as used in a continuing resolution refers to the amount of money

available for an activity during the previous fiscal year. This amount usually means the

appropriation for the previous year with adjustments for any supplemental appropriations,

rescissions, unobligated balances, and sometimes for advance funding provisions as well. As

a result, the current rate does not necessarily correspond to the FY1998 amounts stated in this

report.

CRS-43

P.L. 105-249 (H.J.Res. 133). The Second FY1999 Continuing Resolution

extends the provisions of P.L. 105-240 to the period October 1 through October 12,

1998. H.J.Res. 133 passed the House by a vote of 421-0 (roll call #511) October 9,

1998; passed the Senate by unanimous consent on the same day; and was signed into

law by the President on the same day.

P.L. 105-254 (H.J.Res. 134). The Third FY1999 Continuing Resolution

extends the provisions of P.L. 105-240 to the period October 1 through October 14,

1998. H.J.Res. 134 passed the House by voice vote October 12, 1998; passed the

Senate by unanimous consent on the same day; and was signed into law by the

President on the same day.

P.L. 105-257 (H.J.Res. 135). The Fourth FY1999 Continuing Resolution

extends the provisions of P.L. 105-240 to the period October 1 through October 16,

1998. H.J.Res. 135 passed the House by voice vote October 14, 1998; passed the

Senate by unanimous consent on the same day; and was signed into law by the

President on the same day.

P.L. 105-260 (H.J.Res. 136). The Fifth FY1999 Continuing Resolution

extends the provisions of P.L. 105-240 to the period October 1 through October 20,

1998. H.J.Res. 136 passed the House by voice vote October 16, 1998; passed the

Senate by unanimous consent on the same day; and was signed into law by the

President on the same day.

P.L. 105-273 (H.J.Res. 137). The Sixth FY1999 Continuing Resolution

extends the provisions of P.L. 105-240 to the period October 1 through October 21,

1998. H.J.Res. 137 passed the House by voice vote October 19, 1998; passed the

Senate by unanimous consent on October 20; and was signed into law by the

President on October 20, 1998.

H.Con.Res. 284 (S.Con.Res. 86). The FY1999 concurrent resolution on the

budget sets annual levels for the federal budget through FY2003.14 The resolution

establishes the aggregate discretionary spending limit for the 13 regular appropriations

bills, known as the 302(a) allocation, and specifies the budget reconciliation process

for the modification of mandatory spending limits, if necessary. The resolution sets

spending targets for functional categories of the budget, and contains “sense of the

Congress” provisions. Report language indicates the funding assumptions made for

selected programs that might be used to reach the spending targets. However, the

final spending figures at the program level are left for appropriations bills. S.Con.Res.

86 (S.Rept. 105-170) was amended and passed by the Senate April 4, 1998.

H.Con.Res. 284 (H.Rept. 105-555) was amended and passed by the House June 5,

1998. The Senate passed H.Con.Res. 284, amended in lieu of S.Con.Res. 86, June

15, 1998, and appointed conferees for a conference with the House; there has been

no formal action since then.

For a summary of the social services provisions of the budget resolutions, please see CRS

Report 98-415, Federal Budget: Social Spending Targets in the FY1999 Senate Budget

Resolution, by Dawn Nuschler, and CRS Report 98-521, Federal Budget: Social Spending

in the FY1999 House Budget Resolution, by Dawn Nuschler.

CRS-44

Earlier Action on Appropriations in the 105th Congress. In action during the

1 Session of the 105th Congress, most L-HHS-ED appropriations for FY1998 were

provided by P.L. 105-78, the Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Act, 1998 (H.R. 2264, conference

report H.Rept. 105-390), which was signed into law by the President November 13,

1997.15 The President did not exercise the line item veto authority with respect to any

of the P.L. 105-78 appropriations. Other legislation in the 105th Congress related to

the FY1998 L-HHS-ED appropriations includes the following:

! The FY1998 congressional budget resolution, H.Con.Res. 84 (conference

report H.Rept. 105-116), set out the spending plan for appropriations and

reconciliation legislation for the period FY1998 through FY2002.

! Two reconciliation measures were enacted — P.L. 105-33 (H.R. 2015), the

Balanced Budget Act of 1997, amended entitlement provisions, and P.L. 10534 (H.R. 2014), the Taxpayer Relief Act of 1997, amended tax code

provisions.

! Five continuing resolutions provided temporary FY1998 funding for L-HHSED programs prior to enactment of P.L. 105-78 (P.L. 105-46, P.L. 105-64,

P.L. 105-68, P.L. 105-69, and P.L. 105-71).

For details on FY1998 appropriations, please see CRS Report 97-203, Appropriations for

FY1998: Labor, Health and Human Services, and Education, by Paul M. Irwin.

CRS-45

Appendix A: Terminology

Appropriation16 is budget authority that permits federal agencies to incur obligations

and to make payments out of the Treasury for specified purposes. Appropriations

represent the amounts that agencies may obligate during the period of time specified

in the law. Annual appropriations are provided in appropriations acts; most

permanent appropriations are provided in substantive law. Major types of

appropriations are regular, supplemental, and continuing.

Budget authority is legal authority to incur financial obligations that normally will

result in the outlay of federal government funds. Major types of budget authority are

appropriations, borrowing authority, and contract authority. Budget authority also

includes the subsidy cost of direct and guaranteed loans, but excludes the portion of

loans that is not subsidized.

Budget resolution is a concurrent resolution passed by both Houses of Congress, but

not requiring the signature of the President, setting forth the congressional budget for

each of five fiscal years. It includes various budget totals and functional allocations.

Discretionary spending is budget authority provided in annual appropriation acts,

other than appropriated entitlements.

Entitlement authority is a legal authority to make payments to any person or unit

of government that meets the eligibility criteria established by law; as such, it

represents a legally binding obligation on the part of the federal government.

Entitlement authority can be the result of either annual or permanent appropriation

acts.

Federal funds are all monies collected and spent by the federal government other

than trust funds. Federal funds include general, special, public enterprise, and

intragovernmental funds, that is, all funds other than trust funds.

Mandatory (direct) spending includes: (a) budget authority provided in laws other

than appropriations; (b) entitlement authority; and (c) the Food Stamp program.

Rescission is the cancellation of budget authority previously enacted.

Scorekeeping is a set of procedures used to measure the effects of congressional

budgetary actions in terms of the Budget Enforcement Act.

Supplemental appropriation is budget authority provided in an appropriations act

in addition to regular appropriations already provided.

Trust funds are funds collected and used for carrying out specific purposes and

programs according to the terms of a trust agreement or statute; such funds are not

available for general purposes.

These definitions are based on CRS Report 91-902, Manual on the Federal Budget

Process, by Allen Schick, et al.

CRS-46

Appendix B: Scope of the L-HHS-ED Bill

The total budget authority for programs in all federal departments and agencies

is estimated to be $1,687.3 billion in FY1998, as shown in Table B.1. Of this

amount, $842.0 billion is the estimated total for the departments and related agencies

represented in the L-HHS-ED bill, or 49.9% of all federal budget authority.

Table B.1. Scope of the L-HHS-ED Bill

(Estimated FY1998 budget authority in billions)

Estimated

amount in

Budget Category

billions

Total Federal Budget

Percent of

total federal

budget

1,687.3

100.0%

U.S. Department of Labor

34.6

2.1%

U.S. Department of Health and Human Services

362.6

21.5%

U.S. Department of Education

34.8

2.1%

Social Security Administration (On-budget)

37.0

2.2%

Social Security Administration (Off-budget)

371.7

22.0%

Other Related Agencies

1.3

0.1%

L-HHS-ED Agency Total

842.0

49.9%

L-HHS-ED Bill, Total Current Year Funds

271.4

16.1%

L-HHS-ED Bill, Current Year Mandatory Funds

191.0

11.3%

L-HHS-ED Bill, Current Year Discretionary Funds

80.4

4.8%

Total Federal Discretionary Funds

552.7

38.2%

Source: Budget of the United States Government Historical Tables Fiscal Year 1999, table

5.2, and H.Rept. 105-635.

The estimated L-HHS-ED appropriation was $271.4 billion in current funds for

FY1998. Of this amount, discretionary funds are estimated at $80.4 billion;

mandatory funds constitute the remainder. The L-HHS-ED appropriations

Committees generally have effective control only over the discretionary funds. These

discretionary funds constitute approximately 4.8% of the aggregate budget authority

for all federal departments and agencies, and 9.5% of the total budget authority for

L-HHS-ED departments and agencies.17 What accounts for the remaining L-HHS-ED

funds?

The annual congressional budget resolution sets aggregate spending targets for budget

functions; House and Senate committees must initiate and report legislation that will achieve

these targets. Typically, appropriation committees develop proposals to meet discretionary

spending levels through appropriation bills. Likewise, authorizing committees develop

proposals to meet mandatory spending levels; these proposals are often reported by separate

authorizing committees and combined into a single, omnibus reconciliation bill.

CRS-47

First, some DOL, DHHS, and ED programs receive automatic funding without

congressional intervention in the annual appropriations process; these programs

receive funds from permanent appropriations and trust funds instead. This process

accounts for the difference between the L-HHS-ED bill total of $271.4 billion and the

agency total of $842.0 billion in FY1998. Social security benefits, unemployment

compensation, Medicare, railroad retirement, Temporary Assistance for Needy

Families (TANF, the welfare reform program), and student loans are the major

programs in this group.18

Second, mandatory programs account for the difference between the

L-HHS-ED total of $271.4 billion and the subtotal of $80.4 billion for discretionary

funds in FY1998. Although annual appropriations are made for these programs, the

amounts provided must be sufficient to cover program obligations and entitlements

to beneficiaries. For these programs, as well as the programs funded through trust

funds and permanent authorities, most changes in funding levels are made through

amendments to authorizing legislation rather than through appropriation bills. Federal

administrative costs for these programs typically are subject to annual discretionary

appropriations, however. These programs include Supplemental Security Income,

Black Lung payments, and the Social Services Block Grant, as well as general (nonearmarked) fund support for Medicare and Medicaid.

Finally, a small number of DHHS programs are funded in other appropriations

bills. These programs include:

! the Food and Drug Administration, which is funded in the Agriculture

appropriations bill;

! the Indian Health Service in the Interior bill; and

! the Office of Consumer Affairs in the Veterans Affairs and Housing and Urban

Development bill.

In addition, the Corporation for National and Community Service, one of the related

agencies programs, receives some funds from the L-HHS-ED bill for programs

authorized under the Domestic Volunteer Service Act of 1973, and other funds from

the Veterans Affairs and Housing and Urban Development bill for AmeriCorps and

other programs authorized by the National Community Service Act.

The Social Security Administration (SSA) was separated from DHHS and established as

an independent federal agency on March 31, 1995. Within the L-HHS-ED bill, however, the

SSA merely was transferred from DHHS to the status of “related agency.” The operation of

the social security trust funds is considered off-budget. Of the $842.0 billion total for

L-HHS-ED departments and agencies in FY1998, the SSA accounted for $408.7 billion, or

48.5% of the total. The SSA amount represents $37.0 billion for designated on-budget

activities and $371.7 billion for off-budget activities.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.