Labor, Health and Human Services, and Education: Highlights of FY2010 Budget and Appropriations

Congressional research reportFeb 12, 2010

Ask Donna

What actually matters in this document.

Text

Labor, Health and Human Services, and

Education: Highlights of FY2010 Budget

and Appropriations

(name redacted), Coordinator

Analyst in Biomedical Policy

(name redacted)

Analyst in Labor Policy

(name redacted)

Specialist in Social Policy

February 12, 2010

Congressional Research Service

7-....

www.crs.gov

R40730

CRS Report for Congress

Prepared for Members and Committees of Congress

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Summary

This report tracks FY2010 appropriations for the Departments of Labor, Health and Human

Services, and Education, and Related Agencies (L-HHS-ED). This legislation provides

discretionary funds for three major federal departments and 13 related agencies. The report

summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues.

On May 7, 2009, President Obama submitted the FY2010 budget request to Congress, including

$163.8 billion in discretionary L-HHS-ED funds. The comparable FY2009 amount was $160.1

billion, enacted mainly through the Omnibus Appropriations Act, 2009 (P.L. 111-8, Division F).

The request was an increase of $3.7 billion (2.3%) over FY2009. On July 22, 2009, the House

Committee on Appropriations reported H.R. 3293 (H.Rept. 111-220), its proposal for FY2010 LHHS-ED appropriations. The House passed the bill, amended, on July 24, approving $165.6

billion in discretionary funds, $1.9 billion over the request and an increase of $5.6 billion (3.5%)

over FY2009. The Senate Committee on Appropriations reported its version of H.R. 3293 on

August 4, 2009 (S.Rept. 111-66), recommending $165.4 billion in discretionary funds for LHHS-ED, $1.6 billion over the request and an increase of $5.3 billion (3.3%) over FY2009. Two

continuing resolutions (CRs) provided temporary FY2010 funding until enactment of P.L. 111117, the Consolidated Appropriations Act, 2010, on December 16, 2009. Division D of the

consolidated act provided $165.8 billion for discretionary L-HHS-ED programs, an increase of

$5.8 billion (3.6%) over FY2009.

Some L-HHS-ED agencies and programs have supplemental funding available in FY2010 from

the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). ARRA provided

$124.2 billion in FY2009 emergency supplemental appropriations for discretionary L-HHS-ED

programs, with funds generally available for obligation through September 30, 2010.

Department of Labor (DOL). FY2009 discretionary appropriations for DOL were $12,411

million. For FY2010, the President requested $13,280 million, $869 million (7.0%) more than

funding for FY2009. P.L. 111-117 provided $13,534 million for DOL, an increase of $1,123

million (9.0%) over FY2009. Workforce Investment Act (WIA) programs received $5,545

million, an increase of $232 million (4.4%) above the $5,314 million provided for FY2009.

Department of Health and Human Services (HHS). FY2009 discretionary appropriations for

HHS were $71,385 million. For FY2010, the President requested $71,758 million, $373 million

(0.5%) more than the FY2009 amount. P.L. 111-117 provided $73,958 million in discretionary

funding for HHS, an increase of $2,573 million (3.6%) over FY2009.

Department of Education (ED). FY2009 discretionary appropriations for ED were $63,533

million. For FY2010, the President requested $64,692 million, $1,159 million (1.8%) more than

the FY2009 amount. P.L. 111-117 provided $64,278 million in discretionary funding for ED,

$744 million (1.2%) more than FY2009.

Related Agencies. FY2009 discretionary appropriations for Related Agencies were $12,748

million. For FY2010, the President requested $14,028 million, $1,280 million (10.0%) more than

the FY2009 amount. P.L. 111-117 provided Related Agencies with $14,076 million in

discretionary funding, an increase of $1,328 million (10.4%) over FY2009.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Contents

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

President’s Budget Submitted..........................................................................................1

House Bill H.R. 3293 Reported and Passed .....................................................................1

Senate Version of H.R. 3293 Reported.............................................................................1

Continuing Appropriations Resolution (CR) Enacted (P.L. 111-68, Division B) ...............1

FY2010 Continuing Resolution Extended (P.L. 111-88, Division B) ................................1

Consolidated Appropriations Act, 2010 Enacted (P.L. 111-117, H.R. 3288)......................1

Note on Most Recent Data ..............................................................................................2

Overview ....................................................................................................................................3

Discretionary and Mandatory Funding: Program Level Appropriations and Current

Year Appropriations ...........................................................................................................3

Discretionary Funding Trends, FY2002-FY2010 ...................................................................6

Discretionary Appropriations by Bill Title, FY2009-FY2010.................................................6

302(a) and 302(b) Allocation Ceilings ...................................................................................8

Advance Appropriations........................................................................................................9

Department of Labor ...................................................................................................................9

Highlights ........................................................................................................................... 10

Detailed Appropriations Table ............................................................................................. 11

Department of Health and Human Services ............................................................................... 15

Highlights ........................................................................................................................... 15

Abortion: Funding Restrictions ..................................................................................... 18

Human Embryonic Stem Cell Research: Funding Restrictions ....................................... 18

Detailed Appropriations Table ............................................................................................. 19

Department of Education........................................................................................................... 25

Highlights ........................................................................................................................... 25

Detailed Appropriations Table ............................................................................................. 27

Related Agencies....................................................................................................................... 33

Highlights ........................................................................................................................... 33

Detailed Appropriations Table ............................................................................................. 34

Tables

Table 1. Legislative Status of L-HHS-ED Appropriations, FY2010..............................................2

Table 2. L-HHS-ED Appropriations Summary, FY2009-FY2010.................................................5

Table 3. L-HHS-ED Discretionary Funding Trends, FY2002-FY2010 .........................................6

Table 4. L-HHS-ED Discretionary Funding by Bill Title, FY2009-FY2010 .................................7

Table 5. FY2010 302(b) Discretionary Allocations for L-HHS-ED ..............................................8

Table 6. Department of Labor Discretionary Appropriations ........................................................9

Table 7. Detailed Department of Labor Appropriations .............................................................. 12

Table 8. Department of Health and Human Services Discretionary Appropriations .................... 15

Table 9. Detailed Department of Health and Human Services Appropriations ............................ 20

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Table 10. Department of Education Discretionary Appropriations .............................................. 25

Table 11. Detailed Department of Education Appropriations...................................................... 28

Table 12. Related Agencies Discretionary Appropriations.......................................................... 33

Table 13. Detailed Related Agencies Appropriations.................................................................. 35

Appendixes

Appendix. Terminology and Web Resources.............................................................................. 38

Contacts

Author Contact Information ...................................................................................................... 39

Key Policy Staff........................................................................................................................ 40

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Most Recent Developments

President’s Budget Submitted

On May 7, 2009, President Obama submitted his FY2010 budget to Congress, including a request

for $163.8 billion in discretionary funds for programs covered in the Labor, Health and Human

Services, and Education, and Related Agencies (L-HHS-ED) appropriations bill.

House Bill H.R. 3293 Reported and Passed

On July 22, 2009, the House Committee on Appropriations reported H.R. 3293 (H.Rept. 111220), its proposal for FY2010 L-HHS-ED appropriations. The bill was debated in the House on

July 24 and was passed, with several amendments, by a vote of 264-153. The bill would have

provided $165.6 billion in discretionary funds for L-HHS-ED.

Senate Version of H.R. 3293 Reported

On August 4, 2009, the Senate Committee on Appropriations reported its version of H.R. 3293

(S.Rept. 111-66). The committee recommended $165.4 billion in discretionary L-HHS-ED funds.

Continuing Appropriations Resolution (CR) Enacted (P.L. 111-68, Division B)

On October 1, 2009, the President signed into law H.R. 2918, the FY2010 Legislative Branch

Appropriations Act (P.L. 111-68), which also, in Division B, provided temporary funding at the

FY2009 rate of operations for most government agencies for the period October 1 through

October 31, 2009, unless regular FY2010 appropriations measures were enacted sooner.

FY2010 Continuing Resolution Extended (P.L. 111-88, Division B)

On October 30, 2009, the President signed into law a second CR, Division B of P.L. 111-88,

which amended P.L. 111-68 to extend the temporary funding to December 18, 2009. Division B

had been added on October 28 to the conference report on Interior-Environment appropriations

(H.R. 2996, H.Rept. 111-316).

Consolidated Appropriations Act, 2010 Enacted (P.L. 111-117, H.R. 3288)

On December 8, 2009, a conference report was filed for a consolidated FY2010 appropriations

act, covering six of the seven regular appropriations measures that had not yet been enacted

(Defense appropriations were enacted separately). H.R. 3288, the Transportation, and Housing

and Urban Development, and Related Agencies Appropriations Act, 2010, was used as the vehicle

for the Consolidated Appropriations Act, 2010. The conference agreement and explanatory

statement (H.Rept. 111-366) had a division for each of the six appropriations measures. Division

D of the agreement provided the FY2010 L-HHS-ED appropriations, including $165.8 billion in

discretionary funding. The conference report was adopted by the House on December 10 and by

the Senate on December 13, and was signed by the President on December 16, 2009, as P.L. 111117.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Table 1 summarizes the legislative status of FY2010 L-HHS-ED appropriations.

Table 1. Legislative Status of L-HHS-ED Appropriations, FY2010

Subcommittee

Markup

House

7/10/09a

Conference Report

Approval

Senate

House

Comm.

7/28/09b

7/22/09c

H.R. 3293,

H.Rept.

111-220

House

Passage

Senate

Comm.

7/24/09d

8/4/09e

H.R. 3293,

S.Rept. 11166

Senate

Passage

Consolidated Appropriations Act, 2010 (H.R. 3288) g

Conf.

Report

House

Passage

Senate

Passage

Public Law

10/1/09f

FY2010 CR,

P.L. 111-68,

Div. B

12/8/09

H.Rept.

111-366

12/10/09

12/13/09

12/16/09

P.L. 111-117

The House Subcommittee on Labor, Health and Human Services, Education, and Related Agencies

Appropriations began FY2010 hearings on March 18, 2009. The Subcommittee marked up its version of the

FY2010 L-HHS-ED appropriations on July 10, 2009, approving it by a voice vote.

The Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies

Appropriations began FY2010 hearings on May 13, 2009. The Subcommittee marked up its version of the

FY2010 L-HHS-ED appropriations on July 28, 2009, approving it by a voice vote.

H.R. 3293: The House Committee on Appropriations approved its version of the L-HHS-ED appropriations

for FY2010 on July 17, 2009, by voice vote, and ordered the bill reported. Subsequently, H.R. 3293 (H.Rept.

111-220) was introduced and reported on July 22, 2009.

H.R. 3293: The House debated the bill on July 24, 2009, and passed it, amended, by a vote of 264-153.

H.R. 3293: The Senate Committee on Appropriations approved its version of H.R. 3293 on July 30, 2009, by

a vote of 29-1, and ordered the bill reported. Subsequently, H.R. 3293 (S.Rept. 111-66) was reported on

August 4, 2009.

P.L. 111-68: The FY2010 Continuing Appropriations Resolution, Division B of P.L. 111-68 (H.R. 2918),

provided temporary FY2010 funding for L-HHS-ED activities for the period October 1, 2009, through

October 31, 2009. A second CR, amending P.L. 111-68 to extend the temporary funding to December 18,

2009, was enacted as Division B of P.L. 111-88 (H.R. 2996), on October 30, 2009.

H.R. 3288: The Transportation, and Housing and Urban Development, and Related Agencies Appropriations

Act, 2010 (H.R. 3288) became the vehicle for a six-bill Consolidated Appropriations Act, 2010, with the LHHS-ED act as Division D. The conference report (H.Rept. 111-366) was filed on December 8, 2009; the

House adopted it on December 10 by a vote of 221-202-1; the Senate adopted it on December 13 by a

vote of 57-35; and President Obama signed it into law on December 16, 2009, as P.L. 111-117.

Note on Most Recent Data

In this report, unless stated otherwise, data on FY2009 and FY2010 appropriations are based on

the December 9, 2009, table from the House Committee on Appropriations. The data for FY2009

appropriations primarily reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations,

enacted March 11, 2009) and P.L. 111-5 (the American Recovery and Reinvestment Act of 2009,

ARRA, enacted February 17, 2009). In addition, amounts for certain HHS programs reflect

FY2009 funding provided by either the Consolidated Appropriations Act for FY2009 (P.L. 110329, enacted September 30, 2008) or the Supplemental Appropriations Act, 2009, (P.L. 111-32,

enacted June 24, 2009). The data for FY2010 reflect the President’s budget request, House

passage of H.R. 3293, the Senate committee recommendations on H.R. 3293, and enactment of

P.L. 111-117, the Consolidated Appropriations Act, 2010.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

In most cases, data represent net funding for specific programs and activities, and take into

account current and forward funding and advance appropriations; however, all data are subject to

additional budgetary scorekeeping. Except where noted, data refer only to those programs within

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

relevant departments and agencies. Funding from other appropriations bills, and entitlements

funded outside of the annual appropriations process, are excluded.

Overview

This report describes the highlights of President Obama’s proposals for FY2010 appropriations

for L-HHS-ED programs, as submitted to Congress on May 7, 2009, and the congressional

response to those proposals. Discussions focus primarily on discretionary programs. The report

does not follow specific funding issues related to mandatory L-HHS-ED programs—such as

Medicare or Social Security—nor does it follow any authorizing legislation related to the

President’s budget initiatives. For a glossary of budget terms and relevant websites, see the

Appendix, “Terminology and Web Resources.”

The L-HHS-ED bill typically is one of the more controversial of the regular appropriations 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 issues, such as restrictions on the use of federal

funds for abortion, human embryonic stem cell research, and needle exchange programs. This bill

provides discretionary and mandatory funds to three federal departments and 13 related agencies,

including the Social Security Administration (SSA). Discretionary funding represents less than

one-quarter of the total in the bill. Among the various appropriations bills, L-HHS-ED is the

largest single source of discretionary funds for domestic (non-defense) federal programs (the

Department of Defense bill is the largest source of discretionary funds among all federal

programs).

This section presents several overview tables on funding in the bill, particularly discretionary

funding, and discusses related issues such as 302(b) allocations and advance appropriations. Later

sections provide details on individual L-HHS-ED departments and agencies.

Discretionary and Mandatory Funding: Program Level

Appropriations and Current Year Appropriations

Table 2 summarizes the L-HHS-ED appropriations enacted for FY2009 and FY2010, including

both discretionary and mandatory appropriations. The table shows various aggregate measures of

L-HHS-ED appropriations, including the discretionary program level, current year level, and

advance appropriations, as well as scorekeeping adjustments.

•

Program level discretionary appropriations reflect the total discretionary

appropriations in a given bill, regardless of the year in which they will be spent,

and therefore include advance funding for future years. Unless otherwise

specified, appropriations levels in this report refer to program level amounts.

•

Current year discretionary appropriations represent discretionary

appropriations in a given bill for the current year, plus discretionary

appropriations for the current year that were enacted in prior years—for example,

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

FY2010 appropriations that were enacted in the FY2009 act. As the annual

congressional appropriations process unfolds, current year discretionary

appropriations, including scorekeeping adjustments (see below), are measured

against the 302(b) allocation ceilings (discussed later in this report). Note that

media reports and comments from the Administration about appropriations

activities typically cite figures representing the current year discretionary totals

rather than the program levels in the bill.

•

Advance appropriations are funds that will not become available until after the

fiscal year for which the appropriations are enacted (for example, funds for

certain education programs like Title I Part A Grants to Local Educational

Agencies for the Education of the Disadvantaged that were included in the

FY2009 act that could not be spent before FY2010 at the earliest).

•

Scorekeeping adjustments are made to account for special funding situations, as

monitored by the Congressional Budget Office (CBO).

Because appropriations may consist of mixtures of budget authority enacted in various years, both

of the summary measures mentioned above are frequently used: program level appropriations and

current year appropriations. How are these measures related? For an “operational definition,”

program level funding equals (a) current year, plus (b) advances for future years, minus (c)

advances from prior years, and minus (d) scorekeeping adjustments. Alternatively, current year

funding is derived by taking the program level (total in the bill), subtracting the advances for

future years, adding in the advances from prior years, and applying the scorekeeping adjustments.

Table 2 shows each of these amounts for discretionary funding, along with current year funding

and program level funding for mandatory programs, and the grand total for L-HHS-ED.

Congressional Research Service

Table 2. L-HHS-ED Appropriations Summary, FY2009-FY2010

($ in billions)

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

Program level: current bill for

any year

160.1

124.2

292.0

163.8

165.6

165.4

165.8

Current year: current year from

any bill (after scorekeeping)

152.7

161.6

163.4

163.1

163.6

Advances for future years (in the

current bill)

24.8

Advances from prior years (from

previous bills)

21.3

24.8

Scorekeeping adjustments

-3.8

-124.2

-135.7

-2.2

-2.3

Type of Budget Authority

FY2010

Sen. Comm.

FY2010

Enacted

Discretionary Appropriations

Current Year Discretionary and Mandatory Funding

Discretionary (compare to

302(b) cap)

152.7

161.6

163.4

163.1

163.6

Mandatory

518.8

2.0

520.8

567.0

567.1

567.0

567.1

Total, current year

671.5

2.0

673.5

728.5

730.5

730.1

730.6

Program Level Totals of Funding for L-HHS-ED Bill, Any Year

Discretionary program level

160.1

124.2

292.0

163.8

165.6

165.4

165.8

Mandatory program level

523.8

2.0

525.8

582.8

582.9

582.8

582.9

Grand total, any year

683.9

126.2

817.8

746.6

748.5

748.2

748.7

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division

D. For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L.

111-117, H.R. 3288). FY2009 Comparable column also includes FY2009 funding for LIHEAP provided by P.L. 110-329 (September 2008). FY2009 Total column also includes

supplemental funding for Refugee Assistance and for Pandemic Influenza Preparedness provided by P.L. 111-32 (June 2009). Appropriations are given only for programs

included in the annual L-HHS-ED bill.

Note: Details may not add to totals due to rounding. Both FY2009 and FY2010 mandatory amounts are estimates that are subject to adjustments after the close of their

respective fiscal years. All amounts in the table are subject to change through the enactment of further supplementals and rescissions.

CRS-5

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Discretionary Funding Trends, FY2002-FY2010

The L-HHS-ED appropriations bills include both 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 through changes in

the authorizing legislation. Typically, these changes are accomplished through authorizing

committees by means of reconciliation legislation, and not through appropriations committees in

annual appropriations bills.

Table 3 shows the trend in discretionary budget authority enacted in the regular L-HHS-ED

appropriations for FY2002 through FY2010. During the past nine years, L-HHS-ED discretionary

funds have grown from $127.2 billion in FY2002 to $165.8 billion in FY2010, an increase of

$38.6 billion, or 30.3%.

Table 3. L-HHS-ED Discretionary Funding Trends, FY2002-FY2010

(budget authority in billions of dollars)

FY2002

FY2003

FY2004

FY2005

FY2006

FY2007

FY2008

FY2009

FY2010

127.2

132.4

139.7

143.4

141.5

144.7

148.6

160.1

165.8

Sources: L-HHS-ED totals for FY2002-FY2005 discretionary budget authority are based on annual conference

reports for L-HHS-ED appropriations and, therefore, may not be completely comparable from year to year.

Subsequent years are based on tables from the House Committee on Appropriations: FY2006 total from the

April 17, 2007, table; FY2007 total from the December 17, 2007, table; FY2008 total from the March 2009 table;

and FY2009 total (increased by the LIHEAP funding) and FY2010 total from the December 9, 2009, table.

FY2009 total reflects only regular L-HHS-ED appropriations, and does not include the supplemental funding from

ARRA or from P.L. 111-32.

Discretionary Appropriations by Bill Title, FY2009-FY2010

The annual L-HHS-ED appropriations act typically includes five titles. The first three provide

appropriations and program direction for the Department of Labor (Title I), the Department of

Health and Human Services (Title II), and the Department of Education (Title III). Each of the

three titles includes some sections of “General Provisions” for the department; they provide

specific program directions, modifications, or restrictions that the appropriators wish to convey in

bill language, not just in report language. Title IV covers funding for 13 related agencies, the

largest of which is the Social Security Administration. Title V contains general provisions with

broader policy application than those in the department titles. Occasionally, the act has one or

more additional titles, which may be legislative (authorizing) language rather than appropriations

provisions. The FY2008 L-HHS-ED appropriations act (Division G of P.L. 110-161) included a

Title VI that provided for establishment of a National Commission on Children and Disasters,

while the FY2009 L-HHS-ED appropriations act (Division F of P.L. 111-8) included the Afghan

Allies Protection Act of 2009 (relating to special immigrant status of certain persons) as Title VI.

The FY2010 act included only five titles.

Table 4 summarizes by title the program level discretionary spending that was provided for

FY2009 and FY2010 L-HHS-ED appropriations and compares the program level totals with the

current year discretionary totals.

Congressional Research Service

Table 4. L-HHS-ED Discretionary Funding by Bill Title,

FY2009-FY2010

($ in millions)

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

Discretionary Appropriations, Program Level (total in bill for any year)

Title I, Department of Labor

12,411

4,806

17,217

13,280

13,256

13,268

13,534

Title II, Department of Health and

Human Services

71,385

21,917

101,034

71,758

73,722

74,054

73,958

Title III, Department of Education

63,533

96,224

159,757

64,692

64,674

63,962

64,278

Title IV, Related Agencies

12,748

1,203

13,951

14,028

13,989

14,067

14,076

Total discretionary, program level

160,077

124,150

291,959

163,758

165,640

165,350

165,845

161,552

163,400

163,100

163,565

Total Discretionary, Current Year from Any Bill (after scorekeeping adjustments)

Total, current year

152,747

Sources: Amounts are based the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division D.

For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L.

111-117, H.R. 3288). FY2009 Comparable column also includes FY2009 funding for LIHEAP provided by P.L. 110-329 (September 2008). FY2009 Total column also includes

supplemental funding for Refugee Assistance and for Pandemic Influenza Preparedness provided by P.L. 111-32 (June 2009). Appropriations are given only for programs

included in the annual L-HHS-ED bill. Details may not add to totals due to rounding.

CRS-7

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

302(a) and 302(b) Allocation Ceilings

The Congressional Budget Act of 1974 (Titles I-IX of P.L. 93-344), as amended, provided for a

two-stage process through which the maximum budget authority for annual appropriations acts is

determined (the two stages are named after sections of the Budget Act). In the first stage,

Congress establishes the 302(a) allocations—the maximum spending totals for a given fiscal year

that are allowed for each House and Senate committee with jurisdiction over spending legislation,

including both authorizations and appropriations. This task is typically accomplished through the

annual concurrent resolution on the budget, where spending totals are specified through the

statement of managers in the conference report. In years when the House and Senate do not reach

a budget agreement, these totals may be set through leadership arrangements in each chamber.

The 302(a) allocations determine the spending totals for each of the various committees,

including the total discretionary budget authority available for enactment in annual appropriations

through the House and Senate Committees on Appropriations.

Congress reached agreement on the FY2010 budget resolution on April 29, 2009, when the

Senate and the House agreed to the conference report (H.Rept. 111-89) accompanying S.Con.Res.

13. The resolution established 302(a) discretionary budget allocations to the Appropriations

Committees of $1,082.5 billion for the House and $1,082.3 billion for the Senate. The resolution

allowed the Budget Committees to increase those amounts if certain conditions relating to

funding of specific programs were met. On June 3, 2009, the Budget Committees increased their

302(a) allocations by $3,766 million to $1,086.3 billion (House) and $1,086.0 billion (Senate).

Subsequent additional adjustments have been made by both committees. For the purpose of

comparison, the 302(a) discretionary allocation originally agreed to for FY2009 was $1,011.7

billion.

In the second stage of the annual congressional budget process, the House and Senate

Committees on Appropriations separately establish the 302(b) allocations—the maximum

discretionary budget authority available to each of the 12 subcommittees for each annual

appropriations bill. The total of these allocations must not exceed the 302(a) discretionary total.

This process creates the basis for enforcing discretionary budget discipline, since any

appropriations bill reported with a total above the ceiling is subject to a point of order. The 302(b)

allocations can and often do get adjusted during the year as the various appropriations bills

progress toward final enactment. Table 5 shows the 302(b) discretionary allocations for the

FY2010 L-HHS-ED appropriations determined by the House and Senate Committees on

Appropriations, together with the comparable amount for the FY2009 appropriations. Both the

302(a) and 302(b) allocations regularly become contested issues in their own right.

Table 5. FY2010 302(b) Discretionary Allocations for L-HHS-ED

(budget authority in billions of dollars)

FY2009

Comparable

FY2010

House Allocation

FY2010

Senate Allocation

FY2010

Enacted

152.3

163.4

163.6

163.3

Sources: The FY2010 House allocation is based on H.Rept. 111-238, July 30, 2009; the FY2010 Senate allocation

is based on S.Rept. 111-109, December 16, 2009; the FY2010 Enacted allocation, and the comparable amount for

FY2009 budget authority, are based on the December 9, 2009, table from House Appropriations Committee.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Advance Appropriations

Advance appropriations occur when funds enacted in one fiscal year are not available for

obligation until a subsequent fiscal year. For example, P.L. 110-161, which enacted FY2008 LHHS-ED appropriations, provided $420 million for the Corporation for Public Broadcasting

(CPB) for use in FY2010. Advance appropriations may be used to meet several objectives. These

might include the provision of long-term budget information to recipients, such as state and local

educational systems, to enable better planning of future program activities and personnel levels.

The more contentious aspect of advance appropriations, however, involves how they are counted

in budget ceilings.

Advance appropriations avoid the 302(a) and 302(b) allocation ceilings for the current year, but

must be counted in the year in which they first become available for obligation. This procedure

uses up ahead of time part of what will be counted against the allocation ceiling in future years.

For FY2002, President George W. Bush’s budget proposed eliminating advance appropriations

for federal discretionary programs, including those for L-HHS-ED programs. Congress rejected

that idea, and the proposal has not been repeated. For more information, see CRS Report

RS20441, Advance Appropriations, Forward Funding, and Advance Funding, by (name redacted).

Department of Labor

FY2009 discretionary appropriations for the Department of Labor (DOL) were $12,411 million.

For FY2010, the Obama Administration requested $13,280 million, $869 million (7.0%) more

than the FY2009 amount, as shown in Table 6. H.R. 3293, as approved by the House, included

$13,256 million in discretionary funding, an increase of $845 million (6.8%) over FY2009. The

Senate Appropriations Committee recommended $13,268 million in discretionary funding, $12

million more than approved by the House and an increase of $857 million (6.9%) over FY2009.

The FY2010 conference agreement, as enacted in P.L. 111-117, provided discretionary

appropriations of $13,534 million, an increase of $1,123 million (9.0%) over FY2009.

Table 6. Department of Labor Discretionary Appropriations

($ in billions)

Funding

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Senate

Comm.

FY2010

Enacted

Appropriations

12.4

4.8

17.2

13.3

13.5

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations

and the conference report table in H.Rept. 111-366, Division D. For FY2009 appropriations, amounts reflect

enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect

the President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and

enactment of the Consolidated Appropriations Act, 2010 (P.L. 111-117, H.R. 3288). Appropriations are given

only for programs included in the annual L-HHS-ED bill. Amounts represent discretionary spending funded by LHHS-ED appropriations; funds for mandatory programs are excluded.

Mandatory DOL programs were funded at $2.7 billion for FY2010 and consist of Federal

Unemployment Benefits and Allowances ($1,818 million), the Black Lung Disability Trust Fund

($300 million), Special Benefits for Disabled Coal Miners ($214 million), Employment Standards

Administration (ESA) Special Benefits ($187 million), Advances to the Unemployment Insurance

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

and Other Trust Funds ($120 million), and administrative expenses for the Energy Employees

Occupational Illness Compensation Fund ($52 million).

Highlights

The following are some highlights for DOL of President Obama’s FY2010 budget request, the

House bill, the Senate Appropriations Committee’s recommendations, and the conference

agreement, as enacted in P.L. 111-117. See Table 7 for details. All comparisons of funding levels

with FY2009 appropriations are based on FY2009 regular appropriations only.

•

The President requested $3,257 million to administer the Unemployment

Compensation program, an increase of $424 million (14.9%) above the $2,833

million provided for FY2009. The House, the Senate Appropriations Committee,

and the conference agreement approved the President’s request and provided the

additional funding.

•

The President requested $5,544 million for Workforce Investment Act (WIA)

programs, an increase of $230 million over the $5,314 provided for FY2009. The

House approved an increase of $203 million, while the Senate Committee

approved an increase of $201 million. The conference agreement provided

$5,545 million, an increase of $232 million (4.4%).

•

The President requested an additional $51 million for the Occupational Safety

and Health Administration (OSHA), which would have increased funding from

$513 million for FY2009 to $564 million for FY2010. The House approved a $42

million increase; the Senate Committee agreed to a $49 million increase. The law

provided $559 million, a $46 million (8.9%) increase over FY2009.

•

The Administration requested $228 million for the Wage and Hour Division, an

increase of $35 million above the $193 million approved for FY2009. The House

approved $220 million, while the Senate Committee recommended $226 million.

The conference agreement provided $225 million, an increase of $32 million

(16.7%).

•

The President requested a $3 million increase, from $572 million to $575 million,

for Community Service Employment for Older Americans programs. The House

approved a $43 million increase. The Senate Committee agreed to the President’s

request of $575 million. The law provides $825 million, an increase of $254

million (44.3%).

•

The Administration proposed replacing the Community-Based Job Training

Grants (CBJTG) program with a Career Pathways Innovation Fund. The Career

Pathways program would continue support for community college education, but

fund programs with a sequence of coursework leading to a career in a particular

field. For FY2009, CBJTG was funded at $125 million. The President requested

$135 million for the Career Pathways program. The House agreed to the

President’s request. The Senate Appropriations Committee recommended $125

million. The conference agreement provided $125 million for the Career

Pathways Innovation Fund.

ARRA provided an additional $4.8 billion in discretionary funding for FY2009, some of which

will be obligated in FY2010. DOL developed program-specific plans for spending the money,

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

indicating how much it expected to obligate in FY2009 and FY2010. The plans are available at

http://www.dol.gov/recovery, together with other DOL Recovery Act reports.

DOL budget materials may be found at http://www.dol.gov/dol/aboutdol/main.htm#budget.

Detailed Appropriations Table

Table 7 shows the appropriations details for offices and major programs of DOL.

Congressional Research Service

Table 7. Detailed Department of Labor Appropriations

($ in millions)

Office or Major Program

Total Workforce Investment Act, Title I (WIA)

(non-add)

FY2009

Comparable

5,314

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

4,200

9,514

5,544

5,517

5,515

5,545

Employment and Training Administration (ETA)

Training and Employment Services (TES)

WIA Adult Training Grants to States

862

500

1,362

862

WIA Youth Training

924

1,200

2,124

924

WIA Dislocated Worker Assistance (DWA)

1,342

1,450

2,792

1,413

1,399

1,383

1,413

DWA State Grants (non-add)

1,184

1,250

2,434

1,184

DWA National Reserve Community College

initiative set aside (non-add) / Career Pathways

Innovation Funda

125

135

125

DWA National Reserve, other (non-add)

158

200

358

229

215

199

229

WIA Migrant and Seasonal Farmworkers

Other WIA and TES Activities

291

800

1,091

552

534

515

545

3,626

3,950

7,576

3,834

3,803

3,799

3,829

Community Service Employment for

Older Americans

572

120

692

575

615

575

825

Federal Unemployment Benefits and

Allowances (mandatory)b

959

1,818

TES subtotal

State Unemployment Insurance and Employment Service Operations (SUI/ESO)

Unemployment Compensation

2,833

3,257

Employment Service

724

400

1,124

724

725

Employment Service State Grants (non-add)

704

400

1,104

704

Foreign Labor Certification

One-Stop Career Centers

CRS-12

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

3,695

400

4,095

4,102

4,097

4,114

Advances to Unemployment Trust

Fund and other funds (mandatory)

422

120

ETA Program Administration

130

141

148

146

149

148

9,405

4,481

13,885

10,597

10,600

10,575

10,854

Employee Benefits Security

Administration

143

153

156

154

156

155

Pension Benefit Guaranty Corporation (non-add)

445

464

ESA Salaries and Expenses

440

470

503

487

499

494

Wage and Hour Division

193

215

228

220

226

225

Office of Labor-Management Standards (OLMS)

(non-add)

ESA Special Benefits (mandatory)

163

187

ESA Special Benefits for Disabled Coal Miners

(mandatory)

244

214

ESA Energy Employees Occupational Illness

Compensation Fund (Part B administrative

expenses)c (mandatory)

ESA Black Lung Disability Trust Fund

(mandatory)

2,823d

2,823

300

ESA subtotal

3,720

3,750

1,256

1,239

1,251

1,247

Occupational Safety and Health

Administration (OSHA)

513

527

564

555

562

559

Mine Safety and Health Administration

(MSHA)

347

354

353

357

Bureau of Labor Statistics

597

612

611

Office of Disability Employment Policy

Office or Major Program

FY2009

Comparable

Work Incentives Grants

SUI/ESO subtotal

ETA subtotal

FY2010

Sen. Comm.

FY2010

Enacted

Employment Standards Administration (ESA)

CRS-13

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

1,684

250

1,934

1,701

1,705

1,711

1,708

Veterans Employment and Training

239

255

257

255

256

Departmental Management, other

310

332

348

343

347

346

Departmental Management subtotal

2,320

272

2,592

2,396

2,397

2,407

2,404

Total Appropriationse

17,071

4,806

21,877

15,970

15,947

15,959

16,225

Current Year Funding

14,552

4,806

19,358

13,462

13,439

13,451

13,717

One-Year Advance Funding

2,519

2,508

Office or Major Program

FY2009

Comparable

FY2010

Sen. Comm.

FY2010

Enacted

Departmental Management

International Labor Affairs

WIA Job Corps

Working Capital Fund

TOTALS, DEPARTMENT OF LABOR

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division

D. For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L.

111-117, H.R. 3288). Details may not add to totals due to rounding.

In his budget request for FY2010, the President proposed replacing the Community-Based Job Training Grants (CBJTG) program with the Career Pathways Innovation

Fund. Congress accepted the change. The Career Pathways program will continue support for community college education, but fund programs with a sequence of

coursework leading to a career in a particular field. In FY2009, CBJTG was funded under the Dislocated Worker National Reserve program. For FY2010, the Career

Pathways program was funded as a national activity under the Workforce Investment Act (WIA).

Federal Unemployment Benefits and Allowances consist of funding for benefits and training for workers under the Trade Adjustment Assistance (TAA) program.

Before FY2009, appropriations for administrative and statutory activities under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

were in DOL, with some of the funding transferred to the Centers for Disease Control and Prevention (CDC) by interagency agreement. Starting in FY2009, CDC

received direct appropriations (mandatory) for the activities; Part B administrative expenses remained in DOL.

FY2009 appropriations for the Black Lung Disability Trust Fund include funds to repay advances from the U.S. Treasury.

Appropriations totals include discretionary and mandatory spending and may be subject to additional scorekeeping and other adjustments.

CRS-14

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Department of Health and Human Services

FY2009 discretionary appropriations for the Department of Health and Human Services (HHS)

were $71,385 million. For FY2010, the Obama Administration requested $71,758 million, $373

million (0.5%) more than the FY2009 amount, as shown in Table 8. As passed by the House,

H.R. 3293 included $73,722 million in discretionary funding, an increase of $2,337 million

(3.3%) over FY2009. The Senate Appropriations Committee recommended $74,054 million in

discretionary funding, $332 million more than approved by the House, and an increase of $2,669

million (3.7%) over FY2009. The FY2010 conference agreement, as enacted in P.L. 111-117,

provided discretionary appropriations of $73,958 million, an increase of $2,573 million (3.6%)

over FY2009.

Table 8. Department of Health and Human Services Discretionary Appropriations

($ in billions)

Funding

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Senate

Comm.

FY2010

Enacted

Appropriations

71.4

21.9

101.0

71.8

73.7

74.1

74.0

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations

and the conference report table in H.Rept. 111-366, Division D. See Table 9 for more details on sources of

FY2009 and FY2010 funding for HHS programs, including $7.7 billion in non-ARRA supplemental funding.

Amounts represent discretionary spending funded by L-HHS-ED appropriations; funds for mandatory programs

are excluded, as are funds for the Food and Drug Administration (FDA) and the Indian Health Service (IHS).

FDA and IHS are both agencies of HHS, but they are funded through other appropriations bills.

Mandatory HHS programs included in the L-HHS-ED act were funded at $529.8 billion in

FY2010, and consist primarily of Medicaid Grants to States ($307.8 billion), Payments to Health

Care Trust Funds ($207.3 billion, including Medicare Part B and Part D), Foster Care and

Adoption Assistance State Payments ($7.4 billion), Family Support Payments to States ($4.7

billion), and the Social Services Block Grant ($1.7 billion). Note that some other large mandatory

HHS programs are not funded through the L-HHS-ED act. The Children’s Health Insurance

Program (CHIP) and the Temporary Assistance for Needy Families (TANF) program receive their

funding directly in authorizing statutes, while Medicare Part A is funded primarily through

payroll taxes.

Highlights

The following are some highlights for HHS of President Obama’s FY2010 budget request, the

House bill, the Senate Appropriations Committee’s recommendations, and the conference

agreement, as enacted in P.L. 111-117. See Table 9 for details. All comparisons of funding levels

with FY2009 appropriations are based on FY2009 regular appropriations only.

•

The President requested an additional $92 million (54.0%) for nursing workforce

programs, which would have increased funding from $171 million for FY2009 to

$263 million for FY2010. The House agreed to the President’s request. The

Senate committee recommendation was $217 million, $47 million less than the

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

House. The law appropriated $244 million, $73 million (42.6%) more than in

FY2009.

•

No funding was requested for the Health Care-Related Facilities and Activities

account, which supported $310 million in non-competitive grants in FY2009.

The House provided $179 million, the Senate committee recommended $157

million, and the law appropriated $338 million, $28 million (8.9%) more than in

FY2009.

•

For the Centers for Disease Control and Prevention (CDC), the President

requested an additional $72 million (3.7%) for the Infectious Diseases programs,

which would have increased funding from $1,935 million for FY2009 to $2,007

million for FY2010. The House approved an increase of $82 million; the Senate

committee recommended $1,969 million, $48 million less than the House. The

law appropriated $1,996 million, $61 million (3.2%) more than in FY2009.

•

The President requested a decrease in funding for CDC Buildings and Facilities

of $122 million (80.2%), from $152 million to $30 million. The House agreed

with the proposed decrease. The Senate committee recommended $108 million (a

decrease of 28.5%), $78 million more than the House and the request. The law

appropriated $69 million, $82 million (54.4%) less than in FY2009.

•

The President requested a $442 million increase (1.5%) for the National Institutes

of Health (NIH), which was funded at $30.3 billion in FY2009. The House

approved an increase of $942 million (3.1%), $500 million above the request, for

a total of $31.3 billion in FY2010. The Senate committee recommended the same

level as the request, $30.8 billion. The law appropriated $31.0 billion, $692

million (2.3%) more than in FY2009. NIH had also received $10.4 billion in

stimulus funding through ARRA, about half of which remained to be obligated in

FY2010.

•

At the Centers for Medicare and Medicaid Services (CMS), a Fraud and Abuse

Control Initiative, first funded in FY2009, was proposed for a $113 million

increase (57.1%), from $198 million to $311 million. The House bill, the Senate

committee, and the conferees agreed to that amount. The President also requested

a $160 million increase (4.8%) for CMS Program Management, from $3.3 billion

in FY2009 to $3.5 billion. The House substantially agreed, providing an increase

of $158 million, while the Senate committee recommended an increase of $126

million, $32 million less than the House. The law appropriated $3.5 billion, $165

million (5.0%) more than in FY2009.

•

The President requested a decrease of $1.9 billion (37.3%) in discretionary

funding for the Low-Income Home Energy Assistance Program (LIHEAP),

which was funded at $5.1 billion in FY2009. A legislative proposal was offered

to provide additional mandatory LIHEAP funding if energy prices increased

significantly. Both the House bill and the Senate committee disapproved the

decrease to $3.2 billion and recommended that discretionary funding be

maintained at $5.1 billion. The law provided $5.1 billion, the same as in FY2009.

•

The House, the Senate committee, and the conferees agreed with the President’s

request to increase funding for Head Start by $122 million (1.7%), from $7.1

billion in regular FY2009 appropriations to $7.2 billion. The program had also

received $2.1 billion in stimulus funding through ARRA.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

•

No funding was requested for the Community-based Abstinence Education

program in the Administration for Children and Families (ACF); the program

received $95 million in FY2009. Instead, $110 million was requested in ACF for

a new Teenage Pregnancy Prevention initiative. The House approved the

proposal as requested. The Senate committee agreed to elimination of the ACF

abstinence education program, but placed a new $100 million Teen Pregnancy

Prevention program in the Office of the Secretary, to be administered by a newly

established Office of Adolescent Health The conference agreement adopted the

Senate approach, providing $110 million to the Office of the Secretary for the

new initiative. Both committee reports, as well as the conferees’ explanatory

statement, discussed an emphasis on funding evidence-based programs.

•

Within the Office of the HHS Secretary, the Public Health and Social Services

Emergency Fund (PHSSEF) supports a number of preparedness, response, and

related public health security functions. Overall funding for the PHSSEF account,

which received $1.4 billion in FY2009, was increased in the President’s request

by $1.3 billion to $2.7 billion. The House approved $2.1 billion, $578 million

below the request. The Senate committee recommended a total of $2.6 billion for

the Fund, $57 million less than the request. The law appropriated $2.3 billion for

the PHSSEF, $909 million (65.0%) more than in FY2009.

•

Among its activities funded within the PHSSEF, HHS has responsibility for

procuring and stockpiling emergency medical countermeasures. To better align

programmatic and financial responsibilities, the President and Congress agreed to

transfer all of the remaining balances in the Project BioShield Special Reserve

Fund (SRF) from the Department of Homeland Security (DHS) to HHS. The

funds were originally appropriated as multi-year money to DHS in FY2004, to

remain available until FY2013. According to the FY2010 L-HHS-ED conference

report, “As of October 31, 2009, data from HHS indicate that $3,033 million

remains unobligated and available in the Project BioShield SRF” (H.Rept. 111366, p. 1045). As one portion of countermeasures funding, the President

requested availability in FY2010 of $1,264 million of the SRF money. The House

approved $764 million, choosing to transfer $500 million of the BioShield money

to NIH. The Senate committee agreed with the request for $1,264 million. The

law provided $960 million for the activities, and transferred $304 million to NIH.

•

Also within the PHSSEF, pandemic influenza preparedness was funded at $585

million in regular FY2009 appropriations. The President and Congress agreed to

decrease the amount by $231 million, to $354 million for FY2010. HHS also has

$7.7 billion in supplemental FY2009 funds for pandemic influenza

contingencies, available until expended, that were provided in P.L. 111-32 in June

2009.

•

L-HHS-ED acts since FY1998 have barred federal funding for needle and

syringe exchange programs set up to prevent HIV infection in intravenous drug

users. The House bill as passed replaced the ban with a restriction on such

programs being located within 1,000 feet of facilities used by children. The

Senate bill as reported retained the prior ban. The conference agreement

prohibited funding for such programs in any location that local public health or

law enforcement agencies determine to be inappropriate (§505 of P.L. 111-117,

Division D).

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

ARRA provided HHS with an additional $21.9 billion in discretionary funding for FY2009,

including $10.4 billion for NIH. Unlike most regular appropriations, ARRA made the stimulus

funds available for obligation for two years, until the end of FY2010. HHS agencies developed

implementation plans for spending the money, including expected obligations in FY2009 and

FY2010. The plans are available at http://www.hhs.gov/recovery/reports/index.html, together

with subsequent HHS Recovery Act reports on the funding.

HHS budget materials may be found at http://www.hhs.gov/asrt/ob/docbudget/.

Abortion: Funding Restrictions

Annual L-HHS-ED appropriations regularly contain restrictions that limit—for one year at a

time—the circumstances under which federal funds can be used to pay for abortions. Restrictions

on appropriated funds, popularly referred to as the “Hyde Amendments,” generally apply to all LHHS-ED funds. Medicaid is the largest program affected. As evidence of the perennial volatility

of this issue, these provisions have been subject to periodic revision during the annual

consideration of L-HHS-ED appropriations. From FY1977 to FY1993, abortions could be funded

only when the life of the mother was endangered. The 103rd Congress modified the provisions to

permit federal funding of abortions in cases of rape or incest. The FY1998 L-HHS-ED

appropriations, 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. The FY1999 L-HHS-ED appropriations, P.L. 105-277, continued the FY1998

Hyde Amendments with two added provisions: (1) a clarification to ensure that the restrictions

apply to all trust fund programs (namely, Medicare), and (2) an assurance that Medicare + Choice

plans (now Medicare Advantage) cannot require the provision of abortion services. No changes

were made from FY2000 through FY2004.

The FY2005 L-HHS-ED appropriations, P.L. 108-447 (H.Rept. 108-792, p. 1271), added a

restriction, popularly referred to as the “Weldon Amendment,” that prevents federal programs or

state or local governments that receive L-HHS-ED funds from discriminating against health care

entities that do not provide or pay for abortions or abortion services. The FY2006 through

FY2010 L-HHS-ED appropriations retained the Weldon amendment language and the Hyde

restrictions. The current provisions can be found in §507 and §508 of P.L. 111-117, Division D.

For additional information, please see CRS Report RL33467, Abortion: Legislative Response, by

(name redacted).

Human Embryonic Stem Cell Research: Funding Restrictions

On March 9, 2009, President Barack Obama signed an executive order that reversed the nearly

eight-year-old Bush Administration restriction on federal funding for human embryonic stem cell

research. Research using human embryonic stem cells raises ethical issues for some because

embryos are destroyed in order to obtain embryonic stem cells. The Obama decision directed NIH

to issue new guidelines for the conduct of embryonic stem cell research. Draft guidelines were

released on April 23, 2009, and final guidelines were issued on July 6, 2009. In December 2009,

NIH created a new registry of human embryonic stem cell lines that are eligible for use in

research supported by federal funds under the 2009 guidelines. As of February 1, 2010, a total of

43 stem cell lines were listed in the new registry. Under the Bush Administration, only 21 cell

lines were available for use in federally funded research.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

In 1996, Congress prohibited NIH from using appropriated funds to create human embryos for

research purposes or for research in which human embryos are destroyed (P.L. 104-99, §128).

Since FY1997, annual appropriations acts have extended the prohibition to all L-HHS-ED funds,

with NIH as the agency primarily affected. The restriction, popularly referred to as the “Dickey

Amendment,” has not changed significantly since it was first enacted. The current provision is

found in §509 of P.L. 111-117, Division D. For additional information, please see CRS Report

RL33540, Stem Cell Research: Federal Research Funding and Oversight, by (name redacted)

and (name redacted).

Detailed Appropriations Table

Table 9 shows the appropriations details for offices and major programs of HHS.

Congressional Research Service

Table 9. Detailed Department of Health and Human Services Appropriations

($ in millions)

Office or Major Program

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

Public Health Service (PHS)

Health Resources and Services Administration (HRSA)

Community Health Centers

2,190

2,000

4,190

2,190

National Health Service Corps

135

300

435

169

142

Health Professions, Nursing

171

213

263

217

244

Health Professions, other

222

106

328

265

266

243

254

Children’s Hospitals Graduate

Medical Education

310

320

315

318

Maternal & Child Health Block Grant

662

665

662

Autism and Other Developmental

Disorders

2,213

2,267

2,248

2,266

Rural Health Programs

149

125

130

168

164

Family Planning (Title X)

307

317

Health Care-Related Facilities &

Activities

310

179

157

338

Vaccine Injury Compensation Trust

Fund (mandatory)

113

116

HRSA, other

531

582

524

527

545

540

7,356

2,500

9,856

7,257

7,432

7,369

7,599

Ryan White AIDS Programs

HRSA subtotal

Centers for Disease Control and Prevention (CDC)

Infectious Diseases

1,935

340

2,275

2,007

2,017

1,969

1,996

Health Promotion

1,020

1,038

1,052

1,091

1,075

CRS-20

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

Energy Employees Occupational

Illness Compensation Program

(mandatory)a

Terrorism Preparedness and

Response

1,515

1,547

1,551

1,549

Preventive Health and Health Services

Block Grant

102

CDC Buildings and Facilities

152

108

1,560

1,589

1,566

1,912

1,599

6,339

340

6,679

6,368

6,369

6,789

6,446

30,317

10,400

40,717

30,759

31,259

30,759

31,009

Office or Major Program

CDC, other

CDC subtotalb

FY2010

Sen. Comm.

FY2010

Enacted

National Institutes of Health (NIH)

National Institutes of Healthb

Substance Abuse and Mental Health Services Administration (SAMHSA)

Mental Health

948

965

987

967

984

(Mental Health Block Grant, non-add)

400

Substance Abuse Treatment

2,105

2,151

2,152

2,182

2,165

(Substance Abuse Block Grant, non-add)

1,699

1,739

1,719

Substance Abuse Prevention

201

198

200

202

SAMHSA, other

3,335

3,394

3,419

3,430

3,432

700

Evaluation Tap funding (non-add)

372

397

AHRQ program level (non-add)

372

700

1,072

372

397

47,346

13,940

61,286

47,778

48,480

48,346

48,485

261,555

307,752

SAMHSA subtotal

Agency for Healthcare Research and Quality (AHRQ)

AHRQ Appropriation

PHS subtotal

Centers for Medicare and Medicaid Services (CMS)

Medicaid Grants to States

(mandatory)

CRS-21

261,555

Office or Major Program

Payments to Health Care Trust Funds

(mandatory)

CMS Program Management

Fraud and Abuse Control initiative

CMS subtotal

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

197,744

207,231

207,296

207,231

207,286

3,305

3,315

3,466

3,463

3,432

3,470

198

311

462,802

462,812

518,759

518,822

518,725

518,819

Administration for Children and Families (ACF)

Family Support Payments (mandatory)

4,317

4,672

Low Income Home Energy Assistance

Program (LIHEAP)

5,100c

5,100

3,200

5,100

633

715

741

715

731

2,127

2,000

4,127

2,127

Social Services Block Grant (SSBG)

(Title XX) (mandatory)e

1,700

Head Start

7,113

2,100

9,213

7,235

Child Welfare Services

282

Developmental Disabilities

184

186

188

187

Community Services Block Grant

700

1,000

1,700

700

Battered Women’s Shelters

128

134

128

130

Community-based Abstinence

Educationf

Children and Family Services, other

800

850

821

790

778

781

Promoting Safe and Stable Families

(PSSF) (mandatory)

345

PSSF (discretionary)

7,209

7,382

30,796

5,150

36,028

29,689

31,541

31,430

31,434

Refugee and Entrant Assistance

(includes FY2009 supplement)d

Child Care and Development Block

Grant (CCDBG)

Foster Care and Adoption Assistance

(mandatory)

ACF subtotal

CRS-22

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

1,494

100

1,594

1,494

1,531

1,495

1,516

General Departmental Management

393

517

512

484

499

Teen Pregnancy Prevention (non-add)f

110

100

110

Office of the National Coordinator

for Health Information Technology

2,000

2,044

Medical Benefits, Commissioned

Officers (mandatory)

435

475

Public Health and Social Services

Emergency Fund (PHSSEF) (includes

FY2009 supplement)d

1,398

9,098

2,679

2,101

2,621

2,307

Office of the Assistant Secretary for

Preparedness and Response (non-add)

788

2,155

1,645

2,140

1,838

1,264

764

1,264

960

Pandemic Influenza Preparedness

(incl. FY2009 supplement)(non-add)d

585

8,235

354

PHSSEF, other (non-add)

169

102

127

114

Prevention and Wellness Fund

650

Office of the Secretary, other

150

167

163

2,419

2,717

12,786

3,875

3,250

3,784

3,485

Office or Major Program

FY2009

Comparable

FY2010

Sen. Comm.

FY2010

Enacted

Administration on Aging (AOA)

Administration on Aging

Office of the Secretary

BioShield Special Reserve Fund

(transfer from DHS) (non-add)

Office of the Secretary subtotal

TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Total Appropriationsg

544,858

21,917

574,507

601,485

603,514

603,781

603,740

Current Year Funding

470,358

21,917

500,007

511,746

513,774

514,042

514,001

One-Year Advance Funding

74,500

89,739

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division

D. For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L.

111-117, H.R. 3288). FY2009 Comparable column also includes FY2009 funding for LIHEAP provided by P.L. 110-329 (September 2008) (see note c below). FY2009 Total

CRS-23

column also includes supplemental funding for Refugee Assistance and for Pandemic Influenza Preparedness provided by P.L. 111-32 (June 2009) (see note d below). Details

may not add to totals due to rounding.

Before FY2009, EEOICPA administrative and statutory activities were funded through DOL, with some of the funding transferred to CDC by interagency agreement.

Starting in FY2009, CDC received direct appropriations (mandatory) for the activities; Part B administrative expenses remained in DOL.

Two HHS agencies received additional funds from Interior-Environment appropriations—CDC, $74 million for FY2009 and $77 million for FY2010, and NIH, $78

million for FY2009 and $79 million for FY2010. The amounts are not included in this table.

LIHEAP received no funding in the FY2009 Omnibus Appropriations Act because the FY2009 Continuing Appropriations Resolution (Division A of P.L. 110-329,

enacted September 30, 2008) had provided full-year funding of $5,100 million for the program. The FY2009 Comparable and FY2009 Total columns throughout this

report include the LIHEAP funding where appropriate.

The FY2009 Total column includes funding for two HHS programs that received FY2009 funding in June 2009 from the Supplemental Appropriations Act, 2009 (P.L.

111-32). The Refugee and Entrant Assistance program received $82 million for Unaccompanied Minors, and the Public Health and Social Services Emergency Fund

received $7,650 million for Pandemic Influenza Preparedness, to remain available until expended.

The Disaster Relief and Recovery Supplemental Appropriations Act, 2008 (Division B of P.L. 110-329), provided FY2008 emergency supplemental appropriations of

$600 million for the Social Services Block Grant, to remain available through FY2009. The amount is not reflected in the tables in this report.

No FY2010 funding was requested for the Community-Based Abstinence Education program in ACF. Instead, $110 million was requested in ACF for a new Teenage

Pregnancy Prevention initiative. The House approved the proposal as requested. The Senate committee agreed to elimination of the ACF abstinence education

program, but placed a new $100 million Teen Pregnancy Prevention program in the Office of the Secretary, to be administered by a newly established Office of

Adolescent Health The conference agreement adopted the Senate approach, providing $110 million to the Office of the Secretary for the new initiative. This table

shows all FY2010 amounts in the Office of the Secretary within the General Departmental Management account.

Appropriations totals include discretionary and mandatory funds, and may be subject to additional scorekeeping and other adjustments. Two HHS agencies were

funded through other appropriations: the Food and Drug Administration (FDA) in Agriculture appropriations ($2.1 billion in FY2009 and $2.4 billion in FY2010), and

the Indian Health Service (IHS) in Interior-Environment appropriations ($3.6 billion in FY2009 and $4.1 billion in FY2010). Neither agency is included in this table.

CRS-24

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Department of Education

FY2009 discretionary appropriations for the Department of Education (ED) equaled $63,533

million. For FY2010, the Obama Administration requested $64,692 million, $1,159 million

(1.8%) more than the FY2009 amount, as shown in Table 10. As passed by the House, H.R. 3293

included $64,674 million in discretionary funding, an increase of $1,141 million (1.8%) over

FY2009. The Senate Appropriations Committee recommended $63,962 million in discretionary

funding, $713 million less than approved by the House, and an increase of $428 million (0.7%)

over FY2009. The FY2010 conference agreement, as enacted in P.L. 111-117, provided

discretionary funding of $64,278 million, an increase of $744 million (1.2%) over FY2009.

Table 10. Department of Education Discretionary Appropriations

($ in billions)

Funding

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Senate

Comm.

FY2010

Enacted

Appropriations

63.5

96.2

159.8

64.7

64.0

64.3

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations

and the conference report table in H.Rept. 111-366, Division D. For FY2009 appropriations, amounts reflect

enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect

the President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and

enactment of the Consolidated Appropriations Act, 2010 (P.L. 111-117, H.R. 3288). Appropriations are given

only for programs included in the annual L-HHS-ED bill. Amounts represent discretionary spending funded by LHHS-ED appropriations; funds for mandatory programs are excluded.

A single mandatory ED program is included in the L-HHS-ED bill, the Vocational Rehabilitation

State Grants program. It was provided funding of $3.1 billion in FY2010.

Highlights

The following are some highlights for ED of President Obama’s FY2010 budget request, the

House bill, the Senate Appropriations Committee’s recommendations, and the conference

agreement, as enacted in P.L. 111-117. See Table 11 for details. All comparisons of funding levels

with FY2009 appropriations are based on FY2009 regular appropriations only.

The President’s FY2010 budget requested increased funding for several programs, and several

new education programs were proposed. While President Obama’s budget requested an increase

in discretionary funding for education of $1.1 billion over the FY2009 funding level, it proposed

eliminating funding for 12 existing programs.

•

The President’s budget proposed adopting two new early childhood initiatives.

Funding of $500 million was requested for Early Childhood Grants, intended to

encourage local educational agencies (LEAs) to use Title I-A funding to

implement or expand high-quality early childhood education programs. An

additional $300 million was requested for The Early Learning Challenge Fund,

intended to provide competitive grants to states to improve the standards and

quality of early learning programs serving children from birth to age five. Neither

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

the House nor the Senate Committee on Appropriations recommended funding

for Early Childhood Grants or for the Early Learning Challenge Fund. No

funding was provided for these programs in the conference agreement, as enacted

in P.L. 111-117.

•

The Administration also recommended funding for four new smaller programs in

FY2010—a Promise Neighborhoods Initiative at $10 million, a Teach for

America Initiative at $15 million, a High School Graduation Initiative at $50

million, and a Gulf Coast Recovery Initiative at $30 million. Both the House and

the Senate Appropriations Committee recommended funding the Promise

Neighborhoods Initiative at $10 million in FY2010. The House recommended

providing up to $15 million for the proposed Teach for America Initiative; the

Senate Committee on Appropriations recommended $20 million for the initiative.

Both the House and the Senate Committee on Appropriations supported funding

the High School Graduation Initiative at the Administration’s proposed funding

level of $50 million. The Senate Committee recommended $30 million for the

Gulf Coast Recovery Initiative; the House did not recommend funding for the

initiative. The conference agreement, as enacted in P.L. 111-117, provided $18

million for Teach for America and $50 million for the High School Graduation

Initiative. Within the Fund for the Improvement of Education account, it included

$10 million for Promise Neighborhoods and $12 million for competitive grants to

Gulf Coast schools.

•

The budget proposal recommended funding Title I-A grants at $13.0 billion for

FY2010, a decrease of $1.5 billion from FY2009 appropriations. The House

recommended level funding of $14.5 billion and the Senate Committee on

Appropriations recommended funding of $13.8 billion. The conference

agreement, as enacted in P.L. 111-117, provided $14.5 billion for Title I-A grants.

•

The budget request for Title I School Improvement Grants was for $1.5 billion

for FY2010, an increase of $1 billion over FY2009. Both the House and the

Senate Committee on Appropriations recommended FY2010 funding for the

program at $546 million. The conference agreement, as enacted in P.L. 111-117,

provided $546 million for School Improvement Grants in FY2010.

•

The budget proposal requested funding for an expanded Striving Readers

program of $370 million for FY2010, $335 million more than FY2009 funding.

The House recommended funding the Striving Readers program at $146 million

for FY2010. The Senate Committee on Appropriations recommended funding of

$263 million; its Striving Readers proposal would have eliminated the Early

Reading First Program as a separate program, instead incorporating it into the

Striving Readers Program. The conference agreement, as enacted in P.L. 111-117,

eliminated Early Reading First as a separate program; it increased the funding for

the Striving Readers program to $250 million and expanded it to cover children

from birth through high school.

•

The budget proposal requested $487 million in FY2010 funding for the Teacher

Incentive Fund, an increase of $390 million over FY2009. The House

recommended funding the Teacher Incentive Fund at $446 million for FY2010;

the Senate Committee on Appropriations recommended funding of $300 million.

The conference agreement, as enacted in P.L. 111-117, provided $400 million for

the program in FY2010.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

•

The Administration proposed making all Pell Grant funding mandatory in

FY2010, with a maximum award of $5,550. For FY2009, the maximum total

grant award was $5,350, consisting of a maximum award from discretionary

funds of $4,860 and a maximum award from mandatory funds of $490.1 The

FY2010 House bill and the Senate Appropriations Committee recommendation

did not accept the proposal to make all Pell Grant funding mandatory. Under both

versions of H.R. 3293, the maximum Pell Grant would have equaled $4,860 in

discretionary funding plus a maximum of $690 in mandatory funding for a

maximum total award of $5,550. Using the congressional assumption that the

Pell Grant program would continue to have discretionary funding, the budget

proposal would have supported discretionary funding of $17.5 billion in FY2010,

an increase of $207 million over FY2009. (If the program were to have become

mandatory, discretionary funding would have equaled zero.) The House would

have provided $17.8 billion in discretionary funding for FY2010; the Senate

committee would have funded the program at $17.5 billion. The conference

agreement, as enacted in P.L. 111-117, continued the Pell Grant program as a

discretionary program with funding of $17.5 billion for FY2010.

•

A number of programs were proposed for elimination. The largest program

proposed for elimination was the Safe and Drug Free Schools and Communities

Act State Grants program, funded at $295 million in FY2009. Both the House

and the Senate Committee on Appropriations concurred with the

recommendation to eliminate this program. The Even Start program was among

the other programs proposed for elimination in the budget request. The House

recommended continuing the program in FY2010 at level funding of $66 million;

the Senate committee recommended no funding for the program in FY2010. As

in FY2009, no funding was requested for the Reading First Program; the House

and the Senate Appropriations Committee concurred. The conference agreement,

as enacted in P.L. 111-117, provided FY2010 funding of $66 million for the Even

Start program, but no funding for either the Safe and Drug Free Schools and

Communities Act State Grants program or for the Reading First program.2

ARRA provided an additional $98.2 billion in discretionary funding for FY2009. The Department

has established an ARRA website that provides detailed guidance. See http://www.ed.gov/policy/

gen/leg/recovery/index.html.

Department of Education budget materials may be found at http://www2.ed.gov/about/overview/

budget/index.html.

Detailed Appropriations Table

Table 11 shows the appropriations details for offices and major programs of ED.

The College Cost Reduction and Access Act (P.L. 110-84) amended the Higher Education Act of 1965 to supplement

the maximum appropriated Pell Grant with mandatory funding beginning in FY2008. The law set the additional amount

at $490 for FY2009 and $690 for FY2010.

Other programs proposed for elimination included Character Education; Civic Education; Close-Up Fellowships;

College Access Challenge Grants; Academies for American History and Civics; Foundations for Learning; Javits

Gifted and Talented Education Program; National Institute for Literacy; Ready to Teach; and Student Mentoring. Of

these programs, three were eliminated—Character Education, National Institute for Literacy, and Student Mentoring.

Congressional Research Service

Table 11. Detailed Department of Education Appropriations

($ in millions)

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

24,954

14,020

38,974

25,612

25,136

24,926

25,105

14,492

10,000

24,492

12,992

14,492

13,792

14,492

Even Start

School Improvement Grants

546

3,000

3,546

1,546

546

Reading First State Grants

Migrant Education State Grants

395

Education for the Disadvantaged,

other

261

1,498

439

1,158

415

15,760

13,000

28,760

16,431

15,938

15,891

15,915

1,266

100

1,366

1,266

1,291

1,266

1,276

2,948

Mathematics and Science

Partnerships

179

184

179

180

Educational Technology State Grants

270

650

920

100

1,131

1,181

1,131

1,166

State Assessments

411

Rural Education

173

178

175

School Improvement, other

250

320

240

248

250

248

5,362

720

6,082

5,182

5,245

5,197

5,228

Office or Major Program

No Child Left Behind Act (non-add)a

FY2010

Enacted

Education for the Disadvantaged

Title I, Part A Education for the

Disadvantaged, Grants to LEAs

Education for the Disadvantaged

subtotal

Impact Aid

School Improvement Programs

Teacher Quality State Grants

21st Century Community Learning

Centersa

School Improvement subtotal

CRS-28

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

122

132

122

127

Charter School Grants

216

268

256

Fund for the Improvement of

Education: Programs of National

Significance (FIE)

235

199

197

210

272

Teacher Incentive Fund

200

297

487

446

300

400

Innovation and Improvement, other

448

486

449

469

461

Innovation and Improvement

subtotal

996

200

1,196

1,440

1,347

1,235

1,389

53,600

100

Safe and Drug-Free Schools State

Grants

295

Safe Schools and Citizenship, other

396

414

396

438

393

Safe Schools and Citizenship

subtotal

690

414

396

438

393

730

760

750

IDEA, Part B, Grants to States

11,505

11,300

22,805

11,505

Special Education, other

1,074

900

1,974

1,074

1,083

1,082

12,580

12,200

24,780

12,580

12,588

540

3,515

3,085

Office or Major Program

FY2009

Comparable

FY2010

Sen. Comm.

FY2010

Enacted

Indian Education

Innovation and Improvement

State Fiscal Stabilization Fund

Safe Schools and Citizenship Education

English Language Acquisition

English Language Acquisition State

Grants

Special Education

Special Education subtotal

Rehabilitation Services and Disability Research

Vocational Rehabilitation State

Grants (mandatory)

CRS-29

2,975

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

413

140

553

416

420

423

422

3,388

680

4,068

3,501

3,504

3,507

211

219

216

1,272

Adult Education

567

642

640

642

640

Career and Adult Education, other

105

Career and Adult Education

subtotal

1,944

2,018

2,016

2,018

2,016

Pell Grants, maximum appropriated

award (in dollars, non-add)

4,860

4,860b

4,860

Pell Grants

17,288

15,640

32,928

17,495c

17,783

17,495

Supplemental Educational

Opportunity Grants

757

Federal Work-Study

980

200

1,180

980

Federal Perkins Loans

Leveraging Educational Assistance

Partnership (LEAP)

19,157

15,840

34,997

19,297

19,635

19,297

753

813

870

Aid for Institutional Development

507

543

653

543

603

Fund for the Improvement of

134

135

159

Office or Major Program

Rehabilitation Services, other

Rehabilitation Services subtotal

FY2009

Comparable

FY2010

Sen. Comm.

FY2010

Enacted

Special Institutions for Persons with Disabilities

Special Institutions for Persons With

Disabilities

Career and Adult Education

Perkins Career and Technical

Education

Student Financial Assistance

subtotal

Student Aid Administration

Higher Education

CRS-30

Office or Major Program

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

Postsecondary Education (FIPSE)

TRIO Programs

848

868

848

853

GEAR UP

313

333

313

323

Higher Education, other

299

100

398

299

306

317

2,100

100

2,200

2,050

2,295

2,107

2,256

235

617

250

867

689

664

679

659

585

599

620

615

619

1,474

Total Appropriationse

66,508

98,238

164,746

67,777

67,759

67,046

67,362

Current Year Funding

44,602

98,238

142,840

45,871

45,853

45,140

45,456

One-Year Advance Funding

21,906

Higher Education subtotal

Howard University

Institute of Education Sciences

Departmental Management

Department of Education, otherd

Department of Education, other

Pell Grants (mandatory)

TOTALS, DEPARTMENT OF EDUCATION

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division

D. For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L.

111-117, H.R. 3288). Appropriations are given only for programs included in the annual L-HHS-ED bill. Details may not add to totals due to rounding.

The NCLB total reported in this table does not match the NCLB total reported by ED. ED only includes in its total programs that are authorized specifically by ESEA,

as amended by the NCLBA, while the House and Senate include funding for the Education for Homeless Children and Youth, and Comprehensive Centers in their

NCLB total. The former is authorized by the McKinney-Vento Homeless Assistance Act, and the latter is authorized by the Educational Technical Assistance Act.

While both acts were amended by the NCLB (P.L. 107-110), none of the funding for either of the two programs is authorized by the NCLB.

The Administration proposed making the Pell Grant program mandatory, and as a consequence it no longer separated mandatory funding from discretionary funding. If

the program had been made completely mandatory, the Administration’s proposed maximum Pell grant for FY2010 would have been $5,500. For this table, for

CRS-31

consistency, we use the House and Senate Appropriations Committee assumptions that the program would continue to have discretionary funding (along with

mandatory funding appropriated in the College Cost Reduction and Access Act, P.L. 110-84).

For Pell Grant funding, the FY2010 budget request amount in this table is the amount displayed in the House Appropriations Committee table, reflecting the “current

law baseline score” from the Congressional Budget Office. It differs from ED’s total for the Pell Grant request, which reflected the Administration’s FY2010 proposal

to make Pell Grant funding mandatory. The House table assumed the continuation of discretionary funding.

“Department of Education, other” includes funding for two programs: College Housing and Academic Facilities Loans, and the Historically Black Colleges and

Universities Capital Financing program.

Appropriations totals include discretionary and mandatory funds, and are subject to additional scorekeeping and other adjustments.

CRS-32

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Related Agencies

FY2009 discretionary appropriations for Related Agencies were $12,748 million. For FY2010,

the Obama Administration requested $14,028 million, $1,280 million (10.0%) more than the

FY2009 amount, as shown in Table 12. H.R. 3293, as passed by the House, included $13,989

million in discretionary funding, an increase of $1,240 million (9.7%) over FY2009. The Senate

Appropriations Committee recommended $14,067 million in discretionary funding, $79 million

more than approved by the House, and an increase of $1,319 million (10.3%) over FY2009. The

FY2010 conference agreement, as enacted in P.L. 111-117, provided discretionary appropriations

of $14,076 million, an increase of $1,328 million (10.4%) over FY2009.

Table 12. Related Agencies Discretionary Appropriations

($ in billions)

Funding

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Senate

Comm.

FY2010

Enacted

Appropriations

12.7

1.2

14.0

14.1

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations

and the conference report table in H.Rept. 111-366, Division D. For FY2009 appropriations, amounts reflect

enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect

the President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and

enactment of the Consolidated Appropriations Act, 2010 (P.L. 111-117, H.R. 3288). Appropriations are given

only for programs included in the annual L-HHS-ED bill. Amounts represent discretionary spending funded by LHHS-ED appropriations; funds for mandatory programs are excluded.

Mandatory programs for Related Agencies included in the L-HHS-ED bill were funded at $47.3

billion for FY2010, virtually all of it for the Supplemental Security Income (SSI) program.

Highlights

The following are some highlights for Related Agencies of President Obama’s FY2010 budget

request, the House bill, the Senate Appropriations Committee’s recommendations, and the

conference agreement, as enacted in P.L. 111-117. See Table 13 for details. All comparisons of

funding levels with FY2009 appropriations are based on FY2009 regular appropriations only.

•

The Administration requested $11,447 million for SSA administrative expenses

for FY2010, an increase of $993 million (9.5%) over FY2009. Both the House

and the Senate Appropriations Committee agreed to the President’s request. The

conference agreement also approved the President’s request.

•

The President requested $539 million for National and Community Service

Programs (NCSP), an increase of $172 million. The request for NCSP included

$373 million for AmeriCorps State and National Grants, an increase of $105

million (39.0%). The House approved an increase of $106 million for NCSP,

including a $64 million increase for AmeriCorps grants. The Senate

Appropriations Committee recommended a $176 million increase for NCSP,

including $105 million more for AmeriCorps. The conference agreement

provided $537 million for NCSP, an increase of $170 million (46.4%). The

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

agreement approved $373 million for AmeriCorps, the same as the President’s

request.

•

The President asked for $196 million for the National Service Trust, an increase

of $61 million over the $135 million provided for FY2009. The House agreed to

increase funding by $43 million. The Senate Committee recommended an

increase of $62 million. The conference agreement followed the Senate

committee recommendation of $197 million, an increase of $62 million (6.0%)

over FY2009.

•

The President requested, and both the House and the Senate committee approved,

a $21 million (7.9%) increase in funding for the National Labor Relations Board

(NLRB). The NLRB received $263 million for FY2009. The conference

agreement approved the President’s request.

The ARRA provided an additional $1.2 billion in discretionary funding for Related Agencies in

FY2009, a portion of which will be obligated in FY2010. Both SSA and NCSP have developed

implementation plans for spending the money. The plans for SSA and NCSP are available at

http://www.ssa.gov/recovery and http://www.nationalservice.gov/about/recovery/index.asp,

respectively.

Detailed Appropriations Table

Table 13 shows the appropriations details for offices and major programs of the L-HHS-ED

Related Agencies.

Congressional Research Service

Table 13. Detailed Related Agencies Appropriations

($ in millions)

Office or Major Program

FY2009

Comparable

Committee for Purchase from

People Who Are Blind or

Severely Disabled

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

FY2010

Enacted

Corporation for National and Community Service (CNCS)

CNCS Domestic Volunteer Service Programs (DVSP)

Volunteers in Service to America

(VISTA)

161

100

National Senior Volunteer Corps

214

221

310

375

319

321

320

DVSP subtotal

CNCS National and Community Service Programs (NCSP)

AmeriCorps Grants

268

357

373

332

373

National Civilian Community Corps

NCSP, other

140

116

142

136

NCSP subtotal

367

456

539

473

543

537

National Service Trust

135

175

196

178

197

CNCS, other

890

201

1,091

1,149

1,059

1,157

1,150

CNCS subtotal

Corporation for Public Broadcasting (CPB)

CPB, two-year advance for FY2011

(current request) with FY2010

comparable

430

440

450

445

CPB advance for FY2010 with FY2009

comparable (non-add)

420

430

CPB advance for FY2009 with FY2008

comparable (non-add)

400

420

CPB Digitalization Program

CRS-35

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

101

Federal Mediation and

Conciliation Service

Federal Mine Safety and Health

Review Committee

Institute of Museum and Library

Services (IMLS)

275

266

276

275

282

Medicare Payment Advisory

Commission

National Council on Disability

National Labor Relations Board

263

283

National Mediation Board

Occupational Safety and Health

Review Commission

Railroad Retirement Board

180

178

Supplemental Security Income (SSI)

(mandatory)

42,665

47,300

SSI Administrative Expenses

3,207

1,000

4,207

3,442

SSA SSI subtotal

45,872

1,000

46,872

50,742

7,247

8,005

10,454

1,000

11,454

11,447

100

103

53,237

1,002

54,239

58,870

Office or Major Program

FY2009

Comparable

CPB Interconnection

CPB FY2008/FY2009 subtotal

FY2010

Sen. Comm.

FY2010

Enacted

Social Security Administration (SSA)a

SSA Payments to Social Security Trust

Funds (mandatory)

Social Security and Medicare

Administrative Expenses

Total SSA Administrative Expenses

(non-add)

SSA Office of Inspector General

SSA subtotal

CRS-36

FY2009

Comparable

FY2009

ARRA

FY2009

Total

FY2010

Request

FY2010

House

FY2010

Sen. Comm.

Total Appropriationsb

55,434

1,203

56,637

61,349

61,309

61,388

61,397

Current Year Funding

39,604

1,203

40,807

44,909

44,869

44,938

44,952

One-Year Advance Funding

15,400

16,000

Two-Year Advance Funding

430

440

450

445

Office or Major Program

FY2010

Enacted

TOTALS, RELATED AGENCIES

Sources: Amounts are based on the December 9, 2009, table from the House Committee on Appropriations and the conference report table in H.Rept. 111-366, Division

D. For FY2009 appropriations, amounts reflect enactment of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). For FY2010, amounts reflect the

President’s request, House passage of H.R. 3293, Senate committee recommendations on H.R. 3293, and enactment of the Consolidated Appropriations Act, 2010 (P.L. 111117, H.R. 3288). Appropriations are given only for programs included in the annual L-HHS-ED bill. Details may not add to totals due to rounding.

The Social Security trust funds are considered off-budget, but the Supplemental Security Income (SSI) program, SSA administrative expenses, and certain related SSA

activities are included in appropriations for L-HHS-ED and Related Agencies.

Appropriations totals include discretionary and mandatory spending, and are subject to additional scorekeeping and other adjustments.

CRS-37

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Appendix. Terminology and Web Resources

The following items include some of the key budget terms used in this report; they are based on

CRS Report 98-720, Manual on the Federal Budget Process, by (name redacted) and Allen Schick.

The websites provide general information on the federal budget and appropriations.

Advance appropriation is budget authority that will become available in a fiscal year beyond the

fiscal year for which the appropriations act is enacted; scorekeeping counts the entire amount in

the fiscal year it first becomes available for obligation.

Appropriation 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 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 to the

federal government of direct loans and loan guarantees, estimated on a net present value basis.

Budget resolution is a concurrent resolution passed by both chambers of Congress, but not

requiring the signature of the President, setting forth the congressional budget for at least five

fiscal years. It includes various budget totals and functional allocations.

Discretionary spending is budget authority provided in annual appropriations acts, other than

appropriated entitlements.

Entitlement authority is the authority to make payments to persons, businesses, or governments

that meet the eligibility criteria established by law; as such, it represents a legally binding

obligation on the part of the federal government. Entitlement authority may be funded by either

annual or permanent appropriations acts.

Forward funding is budget authority that becomes available after the beginning of the fiscal year

for which the appropriation is enacted and remains available into the next fiscal year; the entire

amount is counted or scored in the fiscal year in which it first becomes available.

Mandatory (direct) spending is budget authority provided in laws other than annual

appropriations acts, including appropriated entitlements.

Rescission is the cancellation of budget authority previously enacted.

Scorekeeping is a set of procedures for tracking and reporting on the status of congressional

budgetary actions.

Supplemental appropriation is budget authority provided in an appropriations act that provides

funds that are in addition to regular appropriations.

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Websites

General information on budget and appropriations may be found at these websites. Specific

L-HHS-ED agency sites are listed in relevant sections of this report.

House Committees

http://appropriations.house.gov/

http://republicans.appropriations.house.gov/

http://budget.house.gov/

http://budget.house.gov/republicans/

Senate Committees

http://appropriations.senate.gov/

http://budget.senate.gov/democratic/

http://budget.senate.gov/republican/

Congressional Budget Office (CBO)

http://www.cbo.gov/

Congressional Research Service (CRS)

http://www.crs.gov/Pages/clis.aspx?cliid=73

Government Accountability Office (GAO)

http://www.gao.gov/

Government Printing Office (GPO)

http://www.gpoaccess.gov/usbudget/

Office of Management and Budget (OMB)

http://www.whitehouse.gov/omb/budget/Overview/

Statements of Administration Policy (SAPs):

http://www.whitehouse.gov/omb/111/legislative_sap_date/

Author Contact Information

(name redacted), Coordinator

Analyst in Biomedical Policy

#redacted#@crs.loc.gov, 7-....

(name redacted)

Specialist in Social Policy

#redacted#@crs.loc.gov, 7-....

(name redacted)

Analyst in Labor Policy

#redacted#@crs.loc.gov, 7-....

Congressional Research Service

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Key Policy Staff

Area of Expertise

Name

Phone

L-HHS-ED Appropriations

Coordinator

(name redacted)

7-....

E-mail

/redacted/@crs.loc.gov

Department of Labor (DOL)

DOL appropriations coordinator

(name redacted)

7-....

Job training and employment services

(name redacted)

Labor market information

(name redacted)

7-....

/redacted/@crs.loc.gov

Mine Safety and Health Administration

(name redacted)

7-....

/redacted/@crs.loc.gov

Occupational Safety and Health Admin.

(name redacted)

7-....

/redacted/@crs.loc.gov

Office of Workers’ Compensation

Programs

Scott Szymendera

7-....

Older Americans Act, employment

programs

(name redacted)

7-....

/redacted/@crs.loc.gov

Pension and welfare benefits

(name redacted)

7-....

/redacted/@crs.loc.gov

Trade adjustment assistance

(name redacted)

7-....

Unemployment compensation

(name redacted)

7-....

/redacted/@crs.loc.gov

Veterans employment

(name redacted)

7-....

/redacted/@crs.loc.gov

Wage and hour standards

(name redacted)

7-....

/redacted/@crs.loc.gov

Workforce Investment Act (WIA)

(name redacted)

Adrienne L. Fernandes

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

Department of Health and Human Services (HHS)

HHS appropriations coordinator

(name redacted)

Abortion, legal issues

(name redacted)

Abortion procedures

(name redacted)

7-....

/redacted/@crs.loc.gov

Agency for Healthcare Research and

Quality (AHRQ)

(name redacted)

7-....

/redacted/@crs.loc.gov

AIDS, Ryan White programs

(name redacted)

7-....

/redacted/@crs.loc.gov

Bioterrorism, HHS funding

(name redacted)

Cancer research

(name redacted)

Centers for Disease Control and

Prevention (CDC)

(name redacted)

Centers for Medicare and Medicaid

Services (CMS)

Holly Sue Stockdale

7-....

/redacted/@crs.loc.gov

Chafee Foster Care Independence

Program

Adrienne L. Fernandes

7-....

/redacted/@crs.loc.gov

Child abuse and neglect, child welfare

(n ame redacted)

7-....

/r edacted/@crs.loc.gov

Child care and development

(name redacted)

7-....

/redacted/@crs.loc.gov

Congressional Research Service

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Area of Expertise

Name

Children’s Health Insurance Program

(CHIP; funded in authorizing laws, not

through L-HHS-ED)

(name redacted)

Community Services Block Grant

(name redacted)

Developmental Disabilities Act

Scott Szymendera

7-....

/redacted/@crs.loc.gov

Domestic violence

Garrine Laney

7-....

/redacted/@crs.loc.gov

Family Planning, Title X

(name redacted)

Federal health centers

Barbara English

7-....

/redacted/@crs.loc.gov

Foster care and adoption

(name red

acted)

7-....

/redacted/@crs.loc.gov

Global health; international AIDS, TB,

and malaria

(name redacted)

Head Start

(name redacted)

Health professions/Health workforce

programs

(name redacted)

7-....

/redacted/@crs.loc.gov

Health Resources and Services

Administration (HRSA)

(name redacted)

7-....

/redacted/@crs.loc.gov

Immunization

(name redacted)

Low-Income Home Energy Assistance

Program (LIHEAP)

(name redacted)

Maternal and child health, general

(name redacted)

7-....

/redacted/@crs.loc.go

Maternal and Child Health Block Grant

(name redacted)

7-....

/redacted/@crs.loc.go

Medicaid

(name redacted)

Mentoring programs for vulnerable youth

Adrienne L. Fernandes

7-....

/redacted/@crs.loc.gov

Needle exchange, AIDS

(name redacted)

7-....

/redacted/@crs.loc.gov

NIH, health research policy

(name redacted)

7-....

/redacted/@crs.loc.gov

Older Americans Act

(name redacted)

7-....

Pandemic/seasonal influenza

(name redacted)

Public Health Service

(name redacted)

7-....

/redacted/@crs.loc.gov

Randolph-Sheppard Act

Scott Szymendera

7-....

/redacted/@crs.loc.gov

Refugee Resettlement Assistance

(name redacted)

7-....

/redacted/@crs.loc.gov

Runaway and Homeless Youth Act

Adrienne L. Fernandes

7-....

/redacted/@crs.loc.gov

Social Services Block Grant

(name redacted)

7-....

/redacted/@crs.loc.gov

Stem cell research, cloning

(name redacted)

7-....

/redacted/@crs.loc.gov

Substance Abuse and Mental Health

Services Administration (SAMHSA)

(name redacted)

Temporary Assistance for Needy Families

(TANF; funded in authorizing laws, not

through L-HHS-ED)

(name redacted)

Congressional Research Service

Phone

7-....

E-mail

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Area of Expertise

Name

Phone

E-mail

Department of Education (ED)

ED appropriations coordinator

(name redacted)

7-....

Adequate Yearly Progress (AYP) and

accountability

(name redacted)

Adult education and literacy

(name

After-school programs

(name redacted)

7....

/redacted/@cr

Assessment in education

Erin D. Caffrey

7-....

/redacted/@crs.loc.gov

Career (vocational) and technical

education

(name redacted)

7-....

/redacted/@crs.loc.gov

Charter schools/school choice

(name redacted)

7-....

/redacted/@crs.loc.gov

College costs and prices

Shannon Mahan

Education block grants

(name redacted)

Education technology

Erin D. Caffrey

Elementary and secondary education

(name redacted)

English language acquisition

(name redacted)

7-....

/redacted/@crs.loc.gov

Higher education

(name redacted)

7-....

/redacted/@crs.loc.gov

Impact Aid

(name redacted)

7-....

Indian education

(name redacted)

Pell Grants

Shannon Mahan

7-....

/redacted/@crs.loc.gov

Reading programs

(name redacted)

7-....

/reda

Rehabilitation Act

Scott Szymendera

7-....

/redacted/@crs.loc.gov

Safe & Drug-Free Schools & Communities

(name redacted)

7-....

/redacted/@

Special education, IDEA

(name redacted)

7-....

/redacted/@crs.loc.gov

Special education, IDEA, legal issues

(name redacted)

7-....

/redacted/@crs.loc.gov

Student financial assistance/need analysis

(name redacted)

Shannon Mahan

7-....

/redacted/@crs.loc.gov

Student loans

(name redacted)

7-....

/redacted/@crs.loc.gov

Teacher recruitment, preparation, &

training

(name redacted)

7-....

/redacted/@crs.loc.gov

Title I, Education for the Disadvantaged

(name redacted)

7-....

/redacted/@crs.loc.gov

redacted)

cted/@crs.loc.gov

7-....

/reda

7-....

s.loc.gov

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

cted/@crs.loc.gov

crs.loc.gov

/redacted/@crs.loc.gov

Related Agencies

Corp. for National & Community Service

(VISTA, Senior Corps, AmeriCorps)

(name redacted)

Abigail B. Rudman

Corporation for Public Broadcasting

(name redacted)

Institute of Museum and Library Services

(name redacted)

Erin D. Caffrey

National Labor Relations Board

(name redacted)

Natl Labor Relations Board, legal issues

(name redacted)

Congressional Research Service

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

7-....

/redacted/@crs.loc.gov

Labor, Health and Human Services, and Education: Highlights of FY2010 Appropriations

Area of Expertise

Name

Phone

Railroad Retirement Board

Scott Szymendera

7-....

/redacted/@crs.loc.gov

Social Security Administration (SSA),

administrative expenses

(name redacted)

7-....

/redacted/@crs.loc.gov

Supplemental Security Income (SSI)

Scott Szymendera

7-....

/redacted/@crs.loc.gov

Congressional Research Service

E-mail

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

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.