Labor, Health and Human Services, and Education: FY2012 Appropriations
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Labor, Health and Human Services, and
Education: FY2012 Appropriations
(name redacted), Coordinator
Specialist in Social Policy
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Specialist in Labor Economics
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Specialist in Social Policy
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Analyst in Biomedical Policy
Scott Szymendera
Analyst in Disability Policy
February 9, 2012
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CRS Report for Congress
Prepared for Members and Committees of Congress
Labor, Health and Human Services, and Education: FY2012 Appropriations
Summary
This report provides an overview of actions taken by Congress to provide FY2012 appropriations
for the accounts funded by the Departments of Labor, Health and Human Services, Education,
and Related Agencies (L-HHS-ED) appropriations bill. The L-HHS-ED bill provides funding for
all accounts subject to the annual appropriations process at the Departments of Labor and
Education. It provides annual appropriations for most agencies within the Department of Health
and Human Services, with certain exceptions (e.g., the Food and Drug Administration is funded
via the Agriculture appropriations bill). The L-HHS-ED bill also provides funding for more than a
dozen related agencies, including the Social Security Administration. The bill includes
discretionary and mandatory funding, but this report focuses primarily on discretionary funding.
On December 23, 2011, following several short-term continuing resolutions for FY2012,
President Obama signed into law the Consolidated Appropriations Act, 2012 (P.L. 112-74) and
the Disaster Relief Appropriations Act, 2012 (P.L. 112-77). Combined, these two appropriations
laws provide $164 billion in discretionary funding for L-HHS-ED, which is 0.6% less than the
comparable FY2011 funding level of $165 billion and 8.6% less than the FY2012 President’s
Budget request of $179 billion. In addition, the FY2012 annual appropriations law (P.L. 112-74)
provides an estimated $577 billion in mandatory L-HHS-ED funding, for a total of $741 billion
for L-HHS-ED as a whole. Note that the FY2012 amounts discussed here and throughout the
report have not been adjusted to reflect the 0.189% across-the-board rescission required by P.L.
112-74, Division F, for most discretionary L-HHS-ED appropriations.
Prior to the enactment of P.L. 112-74, both the House and Senate had initiated action on full-year
FY2012 L-HHS-ED appropriations. On September 29, the House introduced a bill (H.R. 3070)
that would have provided nearly $160 billion in discretionary funding for L-HHS-ED accounts.
On September 22, the Senate Committee on Appropriations reported a bill (S. 1599, S.Rept. 11284) that would have provided $165 billion in discretionary funding for L-HHS-ED accounts.
Department of Labor (DOL): The FY2012 annual appropriations law provides $12.6 billion in
discretionary funding for DOL. This amount is 0.7% less than the comparable FY2011 funding
level of $12.7 billion and 2% less than the FY2012 President’s request of $12.8 billion.
Department of Health and Human Services (HHS): The FY2012 annual appropriations law
provides $69.8 billion in discretionary funding for HHS. This amount is 1% less than the
comparable FY2011 funding level of $70.4 billion and 5% less than the FY2012 President’s
request of $73.1 billion.
Department of Education (ED): The FY2012 annual appropriations law provides $68.2 billion
in discretionary funding for ED. This amount is 0.3% less than the comparable FY2011 funding
level of $68.4 billion and 12% less than the FY2012 President’s request of $77.4 billion.
Related Agencies: The FY2012 annual appropriations law provides $13.4 billion in discretionary
funding for related agencies included in L-HHS-ED appropriations. In addition, the FY2012
disaster relief appropriations law (P.L. 112-77) provides $493 million in discretionary funding for
the Social Security Administration (one of the L-HHS-ED related agencies), for a combined total
of $13.9 billion. This amount is 0.1% more than the comparable FY2011 funding level of $13.8
billion and 9% less than the FY2012 President’s request of $15.2 billion.
Congressional Research Service
Labor, Health and Human Services, and Education: FY2012 Appropriations
Contents
Introduction...................................................................................................................................... 1
Report Roadmap and Useful Terminology ...................................................................................... 1
Scope of the Report ................................................................................................................... 2
Important Budget Concepts....................................................................................................... 2
Mandatory vs. Discretionary Appropriations ...................................................................... 2
Total Budget Authority Provided in the Bill Versus Total Budget Authority
Available in the Fiscal Year.............................................................................................. 3
Status of FY2012 L-HHS-ED Appropriations................................................................................. 4
Enacted FY2012 Appropriations ............................................................................................... 5
Initial Congressional Actions on an FY2012 L-HHS-ED Bill .................................................. 6
FY2012 President’s Budget Request ......................................................................................... 6
Conclusion of the FY2011 Annual Appropriations Process ...................................................... 6
Summary of FY2012 L-HHS-ED Appropriations ........................................................................... 7
Discretionary L-HHS-ED Funding Trends ...................................................................................... 9
FY2012 Budget Enforcement Activities........................................................................................ 10
The Budget Control Act of 2011 ............................................................................................. 10
FY2012 Budget Resolution and 302(b) Allocations................................................................ 12
Department of Labor...................................................................................................................... 13
About DOL.............................................................................................................................. 13
FY2012 DOL Appropriations Overview ................................................................................. 14
FY2012 DOL Discretionary Highlights .................................................................................. 14
Employment and Training Administration (ETA)............................................................. 14
Employee Benefit Security Administration (EBSA)......................................................... 15
Wage and Hour Division (WHD) ...................................................................................... 16
Occupational Safety and Health Administration (OSHA) and Mine Safety and
Health Administration (MSHA) ..................................................................................... 16
Bureau of Labor Statistics (BLS) ...................................................................................... 16
Detailed DOL Appropriations Table........................................................................................ 16
Department of Health and Human Services................................................................................... 19
About HHS .............................................................................................................................. 19
FY2012 HHS Appropriations Overview ................................................................................. 20
FY2012 HHS Discretionary Highlights .................................................................................. 21
Public Health Service Evaluation Tap............................................................................... 21
HHS Highlights by Program Area..................................................................................... 22
Funding Restrictions Related to Certain Controversial Issues .......................................... 26
Detailed HHS Appropriations Table........................................................................................ 26
Department of Education............................................................................................................... 31
About ED................................................................................................................................. 32
FY2012 ED Appropriations Overview .................................................................................... 32
FY2012 ED Discretionary Highlights ..................................................................................... 33
Detailed ED Appropriations Table........................................................................................... 36
Related Agencies ........................................................................................................................... 41
FY2012 Related Agencies Appropriations Overview.............................................................. 41
FY2012 Related Agencies Discretionary Highlights............................................................... 42
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Detailed Related Agencies Appropriations Table .................................................................... 43
Figures
Figure 1. FY2012 Discretionary and Mandatory Appropriations for Labor, HHS,
Education, and Related Agencies ................................................................................................. 5
Figure 2. FY2012 L-HHS-ED Appropriations by Title ................................................................... 9
Figure 3. FY2012 HHS Appropriations by Agency....................................................................... 21
Tables
Table 1. Status of Full-Year L-HHS-ED Appropriations Legislation, FY2012 ............................... 4
Table 2. L-HHS-ED Appropriations Overview by Bill Title, FY2011-FY2012.............................. 7
Table 3. Trends in Annual L-HHS-ED Discretionary Appropriations, FY2003-FY2012................ 9
Table 4. FY2012 Discretionary 302(b) Allocations and Comparable L-HHS-ED
Appropriations ............................................................................................................................ 12
Table 5. Department of Labor Appropriations Overview .............................................................. 14
Table 6. Detailed Department of Labor Appropriations ................................................................ 16
Table 7. Department of Health and Human Services Appropriations Overview ........................... 20
Table 8. Detailed Department of Health and Human Services Appropriations ............................. 27
Table 9. Department of Education Appropriations Overview........................................................ 32
Table 10. Detailed Department of Education Appropriations........................................................ 36
Table 11. Related Agencies Appropriations Overview .................................................................. 41
Table 12. Detailed Related Agencies Appropriations .................................................................... 43
Contacts
Author Contact Information........................................................................................................... 45
Acknowledgments ......................................................................................................................... 45
Key Policy Staff............................................................................................................................. 46
Congressional Research Service
Labor, Health and Human Services, and Education: FY2012 Appropriations
Introduction
This report provides an overview of the Obama Administration’s FY2012 budget request and the
status of FY2012 appropriations for accounts traditionally funded in the appropriations bill for the
Departments of Labor, Health and Human Services, Education, and Related Agencies (L-HHSED). This bill provides discretionary and mandatory appropriations to three federal departments:
the Department of Labor (DOL), the Department of Health and Human Services (HHS), and the
Department of Education (ED). In addition, the bill provides annual appropriations for more than
a dozen related agencies, including the Social Security Administration (SSA).
Discretionary funds represent less than one-quarter of the total funds appropriated in the L-HHSED bill. Nevertheless, the L-HHS-ED bill is typically the largest single source of discretionary
funds for domestic non-defense federal programs among the various appropriations bills (the
Department of Defense bill is the largest source of discretionary funds among all federal
programs). The bulk of this report is focused on discretionary appropriations because these funds
receive the most attention during the appropriations process.
The L-HHS-ED bill typically is one of the more controversial of the regular appropriations bills
because of the size of its funding total and the scope of its programs, as well as various related
issues, such as restrictions on the use of federal funds for abortion and for research on human
embryos and stem cells.
Report Roadmap and Useful Terminology
This report is divided into several sections. The current section provides an explanation of the
scope of the L-HHS-ED bill (and hence, the scope of this report), as well as an introduction to
important terminology and concepts that carry throughout the report.
This is followed by a section on the status of the FY2012 appropriations process for the L-HHSED bill as a whole. This section provides a broad overview of the major congressional actions on
FY2012 L-HHS-ED appropriations, including House (H.R. 3070) and Senate (S. 1599) steps
toward full-year funding which culminated in the enactment of the Consolidated Appropriations
Act, 2012 (P.L. 112-74). For context, this section also briefly reviews the conclusion of the
FY2011 appropriations process.
The next section provides a brief summary and analysis of final mandatory and discretionary
FY2012 appropriations, by bill title, compared to proposed funding for FY2012 and comparable
funding for FY2011.
This is followed by a section which provides an overview of discretionary L-HHS-ED funding
over the past ten years, placing FY2012 appropriations in an historical context.
The next section provides a summary of budget enforcement activities for FY2012. This includes
a brief description of the Budget Control Act of 2011 (and how it relates to L-HHS-ED) and an
overview of House and Senate steps toward a budget resolution and 302(b) allocations (i.e.,
budget enforcement caps).
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Finally, the report concludes with detailed sections for each of the major components of the bill:
the Department of Labor, the Department of Health and Human Services, the Department of
Education, and Related Agencies. Note that the FY2012 enacted numbers cited throughout these
sections, and the report as a whole, do not yet reflect the 0.189% across-the-board rescission
required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
Scope of the Report
This report is focused strictly on appropriations to agencies and accounts that are subject to the
jurisdiction of the Labor, HHS, Education, and Related Agencies Subcommittees of the House
and the Senate Appropriations Committees (i.e., accounts traditionally funded via the L-HHS-ED
bill). Department “totals” provided in this report do not include funding for accounts or agencies
that are traditionally funded by appropriations bills under the jurisdiction of other subcommittees.
The L-HHS-ED bill provides appropriations for the following federal departments and agencies:
•
the Department of Labor;
•
the majority of the Department of Health and Human Services, except for the
Food and Drug Administration (provided in the Agriculture appropriations bill),
the Indian Health Service (provided in the Interior-Environment appropriations
bill), and the Agency for Toxic Substances and Disease Registry (also funded
through the Interior-Environment appropriations bill);
•
the Department of Education; and
•
more than a dozen related agencies, including the Social Security Administration,
the Corporation for National and Community Service, the Corporation for Public
Broadcasting, the Institute of Museum and Library Services, the National Labor
Relations Board, and the Railroad Retirement Board.
Note also that funding totals displayed in this report do not reflect amounts provided outside of
the regular appropriations process. Certain direct spending programs, such as Old-Age and
Survivors Insurance (i.e., Social Security retirement) and parts of Medicare, receive funding
directly from their authorizing statute; such funds are not reflected in the totals provided in this
report because they are not subject to the regular appropriations process (see related discussion in
the “Important Budget Concepts” section).
Important Budget Concepts
Mandatory vs. Discretionary Appropriations1
The L-HHS-ED bill includes both discretionary and mandatory funding. While all discretionary
spending is subject to the annual appropriations process, only a portion of all mandatory spending
is provided in appropriations measures.
1
For definitions of these and other budget terms, see U.S. Government Accountability Office (GAO), A Glossary of
Terms Used in the Federal Budget Process, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO05-734SP. (Terms of interest may include appropriated entitlement, direct spending, discretionary, entitlement
authority, and mandatory.)
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Mandatory programs funded through the annual appropriations process are commonly referred to
as appropriated entitlements. In general, appropriators have little control over the amounts
provided for appropriated entitlements; rather, the authorizing statute establishes the program
parameters (e.g., eligibility rules, benefit levels) that entitle certain recipients to payments. If
Congress does not appropriate the money necessary to meet these commitments, entitled
recipients (e.g., individuals, states, or other entities) may have legal recourse.2
Not all mandatory spending is provided through the annual appropriations process. Certain
entitlements receive direct spending budget authority from their authorizing statute (e.g., Social
Security retirement) and thus are not subject to the annual appropriations process. The funding
amounts displayed in this report do not include direct spending budget authority provided outside
the regular appropriations process. Instead, the amounts in this report reflect only those funds,
discretionary and mandatory, that are provided through appropriations bills.
Note that, as displayed in this report, mandatory amounts for the FY2012 President’s request
reflect current law (or current services) estimates; they do not reflect any of the Administration’s
proposed changes to a program’s authorizing statute that might affect total spending. (In general,
such proposals are excluded from this report, as they typically require authorizing legislation.)
Note also that the report focuses most closely on discretionary funding. This is because
discretionary funding receives the bulk of attention during the appropriations process. (As noted
earlier, although the L-HHS-ED bill includes more mandatory funding than discretionary funding,
the appropriators generally have less flexibility in adjusting mandatory funding levels than
discretionary funding levels.)
Total Budget Authority Provided in the Bill Versus Total Budget Authority
Available in the Fiscal Year
Budget authority is the amount of money Congress allows a federal agency to commit or spend.
Appropriations bills may include budget authority that becomes available in the current fiscal
year, in future fiscal years, or some combination. Amounts that become available in future fiscal
years are typically referred to as advance appropriations.
Unless otherwise specified, appropriations levels displayed in this report refer to the total amount
of budget authority provided in an appropriations bill (i.e., “total in the bill”), regardless of the
year in which the funding becomes available.3 In some cases, the report breaks out “current year”
appropriations (i.e., the amount of budget authority available for obligation in a given fiscal year,
regardless of the year in which it was first appropriated).4
2
Sometimes appropriations measures include amendments to legislation authorizing mandatory spending programs and
thereby change the amount of mandatory appropriations needed. Because such amendments are legislative in nature,
they may violate parliamentary rules separating authorizations and appropriations. For more information, see CRS
Report 97-684, The Congressional Appropriations Process: An Introduction, by (name redacted).
3
Such figures include advance appropriations for future fiscal years, but do not include advance appropriations from
prior years that become available in the current year.
4
Such figures exclude advance appropriations for future years, but include advance appropriations from prior years that
become available in the current year.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
As the annual appropriations process unfolds, current year appropriations (plus any additional
adjustments for congressional scorekeeping) are measured against 302(b) allocation ceilings
(budget enforcement caps for appropriations subcommittees that traditionally emerge following
the budget resolution process). Unless otherwise specified, appropriations levels displayed in this
report do not reflect additional scorekeeping adjustments, which are made by the Congressional
Budget Office (CBO) to reflect conventions and special instructions of Congress.5
Dollars and Percents in this Report
Funding totals displayed in this report are typically rounded to the nearest million or billion (as labeled). Dollar
changes and percent changes discussed in the text of this report are based on unrounded amounts.
Enacted FY2012 amounts in this report have not been adjusted to reflect the 0.189% across-the-board rescission
required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts (except Pell Grants).
Status of FY2012 L-HHS-ED Appropriations
Table 1 provides a timeline of major legislative action toward full-year L-HHS-ED
appropriations for FY2012. The remainder of this section provides additional detail on these and
other steps toward full-year L-HHS-ED appropriations.
Table 1. Status of Full-Year L-HHS-ED Appropriations Legislation, FY2012
Subcommittee
Markup
Bill
House
Senate
Full Committee
Markup
House
Senate
Initial Passage
House
H.R. 2055
H.R. 3070
Senate
Resolution of House and
Senate Differences
Conf.
Report
House
Passage
Senate
Passage
Public
Law
12/15/11
H.Rept.
112-331
12/16/11
12/17/11
12/23/11
P.L. 11274
a
S. 1599
9/20/11
9/21/11
S.Rept. 11284
Source: Table prepared by the Congressional Research Service.
Notes: Before the President signed H.R. 2055 into law (P.L. 112-74) on December 23, FY2012 L-HHS-ED
appropriations had been provided by a series of short-term continuing resolutions: P.L. 112-33 (through
October 4), P.L. 112-36 (through November 18), P.L. 112-55 (through December 16), P.L. 112-67 (through
December 17), and P.L. 112-68 (through December 23).
a.
H.R. 3070 was introduced in the House on September 29, 2011. This bill was never marked up, but the
House Committee on Appropriations publicly released a detailed table to accompany the bill:
http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.
5
For more information on scorekeeping, see CRS Report 98-560, Baselines and Scorekeeping in the Federal Budget
Process, by (name redacted) See also a discussion of key scor
ekeeping guidelines included in the joint explanatory
statement accompanying the conference report to the Balanced Budget Act of 1997 (H.Rept. 105-217, pp. 1007-1014).
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Enacted FY2012 Appropriations
On December 23, 2011, President Obama signed into law the Consolidated Appropriations Act,
2012 (H.R. 2055, H.Rept. 112-331, P.L. 112-74), which had been passed by the House on
December 16 and by the Senate on December 17. This appropriations “megabus” provides
FY2012 appropriations for nine of the twelve regular appropriations bills, including L-HHS-ED.
The law provides $163.9 billion in discretionary funding for accounts traditionally funded by the
L-HHS-ED bill, which is nearly 1% less than the comparable FY2011 funding level. In addition,
the law provides an estimated $576.7 billion in mandatory funding6 for L-HHS-ED accounts, for
a total of $740.6 billion for the bill as a whole. (Note that these totals do not reflect the 0.189%
across-the-board rescission required for most discretionary L-HHS-ED accounts.) Prior to
December 23, L-HHS-ED funding for FY2012 had been provided by a series of short-term
continuing resolutions (P.L. 112-68, P.L. 112-67, P.L. 112-55, P.L. 112-36, and P.L. 112-33).
Also on December 23, President Obama signed into law the Disaster Relief Appropriations Act,
2012 (H.R. 3672, P.L. 112-77), which—along with the FY2012 Consolidated Appropriations
Act—had been passed by the House on December 16 and by the Senate on December 17. The
only L-HHS-ED funding in this law is $484 million for program integrity activities at the Social
Security Administration. When combined with the annual appropriations provided by P.L. 112-74,
these supplemental funds for SSA bring the total FY2012 L-HHS-ED discretionary funding level
up to $164.3 billion.
Figure 1 displays the FY2012 breakdown of discretionary and mandatory funding provided for
L-HHS-ED agencies by P.L. 112-74 and P.L. 112-77. (For additional details on amounts provided
by bill title, see Table 2.)
Figure 1. FY2012 Discretionary and Mandatory Appropriations for Labor, HHS,
Education, and Related Agencies
(budget authority in billions of dollars)
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74, adjusted to
include $483 million in discretionary supplemental funds provided by P.L. 112-77.
6
This amount is a point-in-time estimate and may change based on actual claims for certain open-ended entitlements.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Amounts have not been
adjusted to reflect the 0.189% across-the-board rescission required by Section 527 of Division F of P.L. 112-74
for most discretionary L-HHS-ED accounts.
Initial Congressional Actions on an FY2012 L-HHS-ED Bill
Before the enactment of P.L. 112-74, both the House and Senate had initiated action on full-year
FY2012 L-HHS-ED appropriations.
On September 29, 2011, a bill was introduced in the House to provide year-long FY2012 L-HHSED appropriations (H.R. 3070). The bill would have provided nearly $160 billion in discretionary
funding, which is about 3% less than comparable FY2011 funding. The House bill would have
also provided an estimated $577 billion in mandatory funding, for a total of $737 billion in the
bill as a whole. This bill was not marked up by the L-HHS-ED Appropriations Subcommittee or
by the full House Appropriations Committee.7
On September 22, 2011, the Senate Committee on Appropriations reported a bill that would have
provided year-long FY2012 L-HHS-ED appropriations (S. 1599, S.Rept. 112-84). The Senate bill
would have provided roughly $165 billion in discretionary funding, which is roughly the same as
comparable FY2011 funding. The Senate bill would have also provided an estimated $577 billion
in mandatory funding, for a total of $742 billion in the bill as a whole.
FY2012 President’s Budget Request
On February 14, 2011, before the final FY2011 Continuing Resolution (CR) had been enacted,
the Obama Administration released its FY2012 Budget. The President’s Budget requested $178.5
billion in discretionary funding for accounts funded by the L-HHS-ED bill (+8% from
comparable FY2011). In addition, the President’s Budget requested roughly $577.1 billion in
annually appropriated mandatory funding (based on the most recent current law estimates), for a
total of $755.6 billion for the L-HHS-ED bill as a whole.
Conclusion of the FY2011 Annual Appropriations Process
In FY2011, annual L-HHS-ED appropriations were provided through a series of continuing
resolutions. On April 15, 2011, President Obama signed into law the eighth—and final—CR for
FY2011, the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L.
112-10). The final FY2011 CR provided $165.3 billion in discretionary funding for accounts
traditionally funded by the L-HHS-ED bill. In addition, the bill provided an estimated $557.4
billion in mandatory funding8 for L-HHS-ED accounts, for a total of $722.7 billion in the bill as a
whole.9 (For additional details on amounts provided by bill title, see Table 2.)
7
For information on funding levels proposed in H.R. 3070, see a detailed table released by the House Appropriations
Committee at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.
8
This amount reflects a more recent point-in-time estimate for mandatory spending than was available at the time the
FY2011 law was signed. This amount may continue to change based on actual claims for open-ended entitlements.
9
These amounts reflect adjustments for comparability to FY2012.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Summary of FY2012 L-HHS-ED Appropriations
Table 2 lists the total amount of FY2012 discretionary and mandatory L-HHS-ED funding
provided or proposed, by title, compared to comparable funding provided in FY2011. The table
displays the total amounts enacted for FY2012 to date, which include combined funding provided
by the final FY2012 annual appropriations law (P.L. 112-74) and the FY2012 disaster relief law
(P.L. 112-77). The table also shows proposed funding levels from the FY2012 House (H.R. 3070)
and Senate (S. 1599) L-HHS-ED appropriations bills, as well as the FY2012 President’s request.
Table 2 displays funding in two ways: total budget authority provided in the bill (i.e., current bill
for any fiscal year) and total budget authority available in the fiscal year (i.e., current year
funding from any bill).
Table 2. L-HHS-ED Appropriations Overview by Bill Title, FY2011-FY2012
(budget authority (BA) in billions of dollars)
Title
Total Budget Authority Provided in the Bill
(Funding from Current Bill for Any Year)
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
722.74
755.57
737.12
742.43
741.07
Department of Labor
12.67
12.82
10.40
12.69
12.57
Department of Health and Human Services
70.44
73.12
70.25
70.18
69.75
Department of Education
68.35
77.40
65.91
68.43
68.16
Related Agencies
13.85
15.18
13.17
14.09
13.86
Subtotal, Discretionary BA Provided in the Bill
165.30
178.52
159.73
165.38
164.34
1.74
1.98
1.98
1.98
1.98
502.69
519.48
519.83
519.48
519.19
Department of Education
3.08
3.12
3.14
3.12
3.12
Related Agencies
49.91
52.46
52.44
52.46
52.43
Subtotal, Mandatory BA Provided in the Bill
557.43
577.05
577.39
577.05
576.73
725.55
746.47
728.48
733.32
731.95
Department of Labor
12.66
12.85
12.87
12.69
13.26
Department of Health and Human Services
70.44
73.12
70.25
70.18
69.75
Department of Education
68.32
77.40
63.47
68.43
67.46
Related Agencies
13.83
15.17
13.62
14.09
13.86
Subtotal, Discretionary BA Available in the Fiscal Year
165.26
178.54
160.20
165.38
164.34
1.75
1.98
1.98
1.98
1.98
Discretionary:
Mandatory:
Department of Labor
Department of Health and Human Services
Total Budget Authority Available in the Fiscal Year
(Current Year Funding from Any Bill)
Discretionary:
Mandatory:
Department of Labor
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
502.94
515.16
515.51
515.16
514.87
Department of Education
3.08
3.12
3.14
3.12
3.12
Related Agencies
52.51
47.66
47.64
47.66
47.63
Subtotal, Mandatory BA Available in the Fiscal Year
560.28
567.93
568.27
567.93
567.61
Advances for Future Years (provided in the current bill)a
127.75
136.85
136.40
136.87
136.87
Advances from Prior Years (for use in the current year)a
130.56
127.77
127.77
127.77
127.77
Additional Scorekeeping Adjustmentsb
-7.84
2.27
-6.79
-7.36
-7.57
Title
Department of Health and Human Services
Memoranda
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Amounts have been adjusted to include $483 million in supplemental funds for the Social Security Administration
(a related agency) provided by P.L. 112-77.
Notes: Details may not add to totals due to rounding. Amounts reflect only those provided (or requested) for
agencies and accounts subject to the jurisdiction of the Labor, HHS, Education Subcommittee of the House and
Senate Committees on Appropriations. Where appropriate, FY2011 figures reflect the 0.2% across-the-board
rescission included in the final FY2011 CR (P.L. 112-10). FY2012 enacted amounts have not yet been adjusted to
reflect the 0.189% across-the-board rescission required by Section 527 of Division F of P.L. 112-74 for most
discretionary L-HHS-ED accounts.
a.
The amounts shown as “budget authority available for the fiscal year” (i.e., current year funding) have been
adjusted to reflect advances. (The calculation is as follows: total budget authority provided in the bill minus
advances for future years plus advances from prior years.)
b.
Totals in this table have not been adjusted for scorekeeping. (To adjust for scorekeeping, add this line to
the total budget authority.)
When taking into account both mandatory and discretionary funding, HHS received more than
three-quarters of the FY2011 and FY2012 L-HHS-ED appropriations (see Figure 2 for the bill
composition in FY2012). This is largely due to the sizable amount of mandatory funding included
in the HHS appropriation, the majority of which is for Medicaid and payments to health care trust
funds. The Department of Education accounts for the next largest share of FY2011 and FY2012
appropriations: roughly 10% of total mandatory and discretionary L-HHS-ED funding in each
year. Unlike HHS, however, the funds going to the Department of Education are primarily
discretionary dollars. The related agencies included in the L-HHS-ED bill constitute the next
largest share of funding—about 9% of total funds in both FY2011 and FY2012, with the bulk of
these funds going toward mandatory benefit payments and administrative costs of the
Supplemental Security Income program at the Social Security Administration. Finally, the
Department of Labor accounts for the smallest share of total mandatory and discretionary LHHS-ED funding: roughly 2% in FY2011 and FY2012.
When looking only at discretionary appropriations, however, the composition of L-HHS-ED
funding is noticeably different (see Figure 2). For one thing, HHS accounts for a much smaller
share of total funding, roughly 42% of all discretionary appropriations in FY2011 and FY2012.
By contrast, the Department of Education represents a much larger share, accounting for 41% of
discretionary-only funding in each of FY2011 and FY2012. This means that HHS and the
Department of Education together account for the dominant shares of discretionary-only L-HHS-
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ED funding in FY2011 and FY2012 (roughly 84% combined). Meanwhile, discretionary funding
for related agencies and the Department of Labor combined to account for a roughly even split of
the remaining 16% of L-HHS-ED funding in FY2011 and FY2012.
Figure 2. FY2012 L-HHS-ED Appropriations by Title
(budget authority in billions of dollars)
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74, adjusted to
include $483 million in discretionary supplemental funds provided by P.L. 112-77.
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Amounts have not been
adjusted to reflect the 0.189% across-the-board rescission required by Section 527 of Division F of P.L. 112-74
for most discretionary L-HHS-ED accounts.
Discretionary L-HHS-ED Funding Trends
Table 3 shows the trends in discretionary budget authority enacted in the annual (not including
supplementals) L-HHS-ED appropriations laws for FY2003 through FY2012. During these years,
L-HHS-ED discretionary appropriations have grown by 24% from $132.4 billion in FY2003 to
$163.9 billion in FY2012, an increase of $31.5 billion. Note, however, that this estimate is based
on nominal dollars only and does not reflect effects of inflation over time.
Table 3. Trends in Annual L-HHS-ED Discretionary Appropriations, FY2003-FY2012
(budget authority in billions of nominal dollars)
FY2003
FY2004
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
FY2012
132.4
139.7
143.4
141.5
144.7
148.6
160.1
165.8
165.3
163.9
Source: L-HHS-ED totals for FY2003-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 data are from the
4-17-07 table; FY2007 data are from the 12-17-07 table; FY2008 data are from the 3-12-09 table; FY2009 data
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are from the 12-9-09 table (increased by earlier LIHEAP funding); FY2010 data are from the 5-27-11 table; and
FY2011 and FY2012 amounts are from the 12-20-11 table.
Notes: Totals reflect only regular L-HHS-ED appropriations, and do not include supplemental appropriations.
Amounts reflect total discretionary funding appropriated in the L-HHS-ED bill for any year.
FY2012 Budget Enforcement Activities
This section of the report provides a brief overview of notable budget enforcement activities, as
they relate to the FY2012 appropriations process. This includes an introduction to the Budget
Control Act of 2011, the House-passed FY2012 Budget Resolution, and the status of House and
Senate 302(b) allocations (i.e., budget enforcement caps) for FY2012 L-HHS-ED appropriations.
The Budget Control Act of 2011
On August 2, 2011, President Obama signed the Budget Control Act of 2011 (BCA; P.L. 112-25)
into law following lengthy negotiations surrounding the national debt limit.10 The law included
provisions authorizing increases in the debt limit, as well as provisions designed to reduce the
federal deficit. One way the law seeks to reduce deficits is by establishing discretionary spending
caps, which limit the amount of money that can be provided through the annual appropriations
process for each of the next ten fiscal years.
The FY2012 appropriations bills are the first to be affected by these discretionary spending caps.
For FY2012, the BCA established an overall discretionary cap of $1.043 trillion and divided the
funding under this cap into two categories: $684 billion for security spending and $359 billion for
non-security spending. In FY2012, the security category is defined, per Title I of the BCA, to
include funding for the Department of Defense, the Department of Veterans Affairs, the National
Nuclear Security Administration, the Intelligence Community Management Account (which funds
the offices of the Director of National Intelligence), and all discretionary budget accounts within
Budget Function 150 (international affairs). All other funding is considered to be non-security,
including the entire L-HHS-ED appropriation for FY2012.11
The BCA allows for adjustments to annual discretionary spending caps for certain costs related to
overseas contingency operations/Global War on Terror, emergency spending, and—to a limited
extent—disaster relief and appropriations for continuing disability reviews and redeterminations
(at the Social Security Administration) and for controlling health care fraud and abuse (at HHS).
Adjustments for the latter two categories are specific to L-HHS-ED. In FY2012, total
discretionary appropriations for continuing disability reviews and redeterminations ($757 million)
required a cap adjustment of $483 million, which is $140 million less than the maximum
10
For a more detailed explanation of the BCA, see CRS Report R41965, The Budget Control Act of 2011, by (name
redacted), (name redacted), and (name redacted).
11
Notably, the FY2012 annual appropriations law (P.L. 112-74) did not direct any of the funding appropriated to the
HHS National Institutes of Health (NIH) toward the Global Fund to Fight AIDS, Tuberculosis, and Malaria. In prior
years, appropriations laws had directed that a portion of NIH appropriations ($297 million in FY2011) be made
available to this Global Fund, which is an International Assistance Program within Budget Function 150, and would
thus be categorized as security spending under Title I of the BCA.
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allowable adjustment.12 Meanwhile, total discretionary FY2012 appropriations for health care
fraud and abuse ($310 million) did not require any adjustment to the discretionary cap.13
The BCA’s statutory budget caps are enforceable via a process known as sequestration. If the caps
are exceeded in any year, sequestration requires the executive branch to proportionally reduce
funding for all non-exempt agencies, accounts, programs, projects, and activities by the amount
necessary to reduce total budget authority to the level authorized under the caps. However, in the
final sequestration report on the FY2012 appropriations process, OMB concluded that the
FY2012 enacted amounts are within the limit and therefore a sequestration is not required.14
Looking Toward 2013 Under the BCA
In addition to establishing annual spending caps, the BCA also established an automatic process to reduce
mandatory and discretionary spending, beginning in 2013, in the event that a bill introduced by the Joint
Select Committee on Deficit Reduction to reduce the deficit by at least $1.2 trillion over 10 years
(FY2012-FY2021) was not enacted by January 15, 2012.15 On November 21, 2011, the co-chairs of the
Joint Committee announced they would not approve legislation to achieve the necessary $1.2 trillion in
deficit reduction by the deadline (November 23) that would have enabled the legislation to be considered
under expedited procedures.16 Ultimately, Congress did not enact any such legislation by the January 15
deadline, raising the likelihood that the automatic reductions will begin, as required by law, on January 2,
2013.
In order to achieve the desired $1.2 trillion in savings, the law calls for these reductions to occur through
sequestration of both mandatory and discretionary funding in FY2013 and through a combination of
sequestration (for mandatory funding) and revised budget caps (for discretionary funding) for FY2014FY2021.17 To stop these automatic reductions from beginning in 2013, Congress and the President would
have to agree by statute to repeal or modify this process.
Should the automatic sequestration process occur as scheduled, it is worth noting that the law exempts
some programs from sequestration and gives special treatment to certain other programs.18 For instance,
the L-HHS-ED bill contains several programs that are exempt from sequestration, including Medicaid,
payments to health care trust funds, Supplemental Security Income, Special Benefits for Disabled Coal
Miners, retirement pay and medical benefits for commissioned Public Health Service officers, foster care
and adoption assistance, and certain family support payments. The L-HHS-ED also bill contains several
programs that are subject to special rules under sequestration, such as unemployment compensation,
certain student loans, health centers, and portions of Medicare.
12
Office of Management and Budget, OMB Final Sequestration Report to the President and Congress for Fiscal Year
2012, January 18, 2012, p. 6, http://www.whitehouse.gov/sites/default/files/omb/assets/legislative_reports/
sequestration/sequestration_final_jan2012.pdf.
13
Ibid, p. 7. The law would have allowed for a cap adjustment of up to $270 million for these activities.
14
Ibid. If a new supplemental appropriations act is enacted before July 1 and would cause a spending limit to be
breached, OMB would be required to issue a within-session sequestration report 15 days after its enactment.
15
§302 of the BCA amends the Balanced Budget and Emergency Deficit Control Act (BBEDCA) by adding a new
§251A.
16
See http://www.deficitreduction.gov/public/index.cfm/pressreleases?ID=fa0e02f6-2cc2-4aa6-b32a-3c7f6155806d.
17
For the mechanics of the BCA’s automatic spending reduction procedures, see the section titled “Budget Goal
Enforcement: Spending Reduction Trigger” in CRS Report R41965, The Budget Control Act of 2011, by (name redacted),
(name redacted), and (name redacted). See Table 3 in that report for hypothetical calculations of reductions
required in defense and nondefense spending if the automatic spending reductions go into effect.
18
For more information, see CRS Report R42050, Budget “Sequestration” and Selected Program Exemptions and
Special Rules, coordinated by (name redacted).
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012 Budget Resolution and 302(b) Allocations
The Senate took no action on a budget resolution for FY2012. However, the Budget Control Act
provided the Senate with an overall FY2012 spending cap, commonly referred to as a 302(a)
allocation.19 The Senate then allocated a portion of the funds available under this cap to each
Senate Appropriations subcommittee, including L-HHS-ED. These amounts are commonly
referred to as 302(b) allocations. Most recently, the Senate reported revised 302(b) allocations on
December 17, 2011.20 (It is common for 302(b) allocations to be revised throughout the year to
reflect actual action on appropriations bills and changes in congressional priorities.)
Prior to the enactment of the BCA, the House passed a concurrent resolution on the FY2012
budget (H.Con.Res. 34) on April 15, 2011. The budget resolution set broad spending targets for
FY2012 and subsequent years, but did not set spending amounts for specific programs. The
overall spending cap established by the House budget resolution was lower than the cap later
provided by the BCA and the House has not formally reported a revised 302(a) or subcommittee
302(b)s to reflect the higher BCA levels.21
Table 4 displays the status of the L-HHS-ED 302(b) allocations for FY2012, as compared to total
comparable FY2011 appropriations subject to that year’s 302(b).22 Note that budget enforcement
caps are applied to budget authority available in the current fiscal year (excluding emergency
funding), adjusted for scorekeeping by the Congressional Budget Office.
Table 4. FY2012 Discretionary 302(b) Allocations and Comparable L-HHS-ED
Appropriations
(budget authority in billions of dollars)
FY2011
Comparable
FY2012
House Allocation
FY2012
Senate Allocation
157.4
139.2
156.8a
FY2012
Enacted Appropriations
156.8b
Source: The FY2011 number reflects the amount of appropriated discretionary budget authority that was
subject to the FY2011 302(b) allocation cap for L-HHS-ED, as reported in H.Rept. 112-331 to accompany P.L.
112-74. The FY2012 House allocation is from H.Rept. 112-104, reported on June 14, 2011. The FY2012 Senate
allocation is from S.Rept. 112-102, reported on December 17, 2011.
Note: Budget authority subject to discretionary 302(b) allocations represents current year budget authority
(not total budget authority in the bill) plus scorekeeping adjustments.
a.
Although previously reported Senate L-HHS-ED allocations had reserved $299 million in “security” funding
(as defined in Title I of the BCA), S.Rept. 112-102 reserves no security funds for L-HHS-ED. Note that the
Senate adjusted the L-HHS-ED allocation to accommodate the roughly $483 million in non-emergency LHHS-ED funding appropriated in the FY2012 disaster supplemental (P.L. 112-77).
19
For more information, see CRS Report 97-684, The Congressional Appropriations Process: An Introduction, by
(name redacted).
20
See S.Rept. 112-102.
21
See H.Rept. 112-104 for House Appropriations subcommittee 302(b)s as of June 14, 2011.
22
Not all funds are subject to 302(b) budget enforcement caps. For instance, new budget authority designated in
appropriations legislation as necessary to meet emergency needs is generally exempt from these caps.
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b.
This amount reflects current year discretionary L-HHS-ED appropriations (including those provided in the
FY2012 supplemental, P.L. 112-77), adjusted for scorekeeping.
Department of Labor
Note that all figures in this section are based on regular L-HHS-ED appropriations only; they do
not include funds provided outside of the annual appropriations process (e.g., direct
appropriations for Unemployment Insurance benefits payments). All amounts in this section are
rounded to the nearest million or billion (as labeled). The dollar changes and percent changes
discussed in the text are based on unrounded amounts. Enacted FY2012 amounts in the text and
tables have not been adjusted to reflect the 0.189% across-the-board rescission required by
Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
About DOL
DOL is a federal department comprised of multiple entities that provide services related to
employment and training, worker protection, income security, and contract enforcement. Annual
L-HHS-ED appropriations laws direct funding to all DOL entities (see box for all entities
supported by the L-HHS-ED bill).24 The DOL
entities fall primarily into two main functional
DOL Entities Funded Via the
areas—workforce development and worker
L-HHS-ED Appropriations Process
protection. First, there are several DOL entities
Employment and Training Administration (ETA)
that administer workforce employment and
Employee Benefits Security Administration (EBSA)
training programs, such as the Workforce
Wage and Hour Division (WHD)
Investment Act state formula grant programs,
Job Corps, and the Employment Service, that
Office of Federal Contract Compliance Programs
(OFCCP)
provide direct funding for employment
activities or administration of income security
Office of Labor-Management Standards (OLMS)
programs (e.g., for the Unemployment
Office of Workers’ Compensation Programs (OWCP)
Insurance benefits program). Also included in
Occupational Safety and Health Administration (OSHA)
this area is the Veterans’ Employment and
Training Service (VETS), which provides
Mine Safety and Health Administration (MSHA)
employment services specifically for the
Bureau of Labor Statistics (BLS)
veteran population. Second, there are several
Office of Disability Employment Policy (ODEP)
agencies that provide various worker protection
Departmental Management (DM)23
services. For example, the Occupational Safety
and Health Administration (OSHA), the Mine
Safety and Health Administration (MSHA), and the Wage and Hour Division provide different
types of regulation and oversight of working conditions. DOL entities focused on worker
protection provide services to ensure worker safety, adherence to wage and overtime laws, and
contract compliance, among other duties. In addition to these two main functional areas, the
Bureau of Labor Statistics (BLS) collects data and provides analysis on the labor market and
related labor issues.
23
Departmental Management includes the Veterans Employment and Training Service (VETS), IT Modernization, and
the Office of the Inspector General.
24
The Pension Benefit Guaranty Corporation (PBGC) is funded primarily through insurance premiums and related fees
from companies covered by the PBGC.
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FY2012 DOL Appropriations Overview
The final FY2012 appropriations law provides $12.6 billion in discretionary funding for DOL.
This amount is $94 million (-1%) less than the comparable FY2011 funding level of $12.7 billion
and $251 million (-2%) less than the President’s Budget request of $12.8 billion. (See Table 5.)
Table 5. Department of Labor Appropriations Overview
(dollars in billions)
FY2011
Comparable
FY2012
Request
FY2012 House
(H.R. 3070)
FY2012 Senate
(S. 1599)
FY2012 Enacted
Discretionary
12.7
12.8
10.4
12.7
12.6
Mandatory
1.7
2.0
2.0
2.0
2.0
Total
14.4
14.8
12.4
14.7
14.6
Funding
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Where appropriate,
FY2011 figures reflect the 0.2% across-the-board rescission included in the final FY2011 CR (P.L. 112-10).
FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board rescission required
by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
FY2012 DOL Discretionary Highlights
The following are some DOL highlights from the final FY2012 appropriations law (P.L. 112-74),
compared to comparable FY2011 funding levels and proposed funding levels from the FY2012
from the President’s Budget.25 (See Table 6 for details.)
Employment and Training Administration (ETA)
Overall, the final FY2012 appropriations law provides $4.9 billion for programs authorized under
Title I of the Workforce Investment Act (WIA), a decrease of $144 million compared to the
FY2011 funding level and $420 million below the Administration’s FY2012 request. The WIA
Adult and Youth state formula grant programs were funded at the FY2011 levels, while the
Dislocated Worker state formula grant program received a reduction of $55 million from the
FY2011 level. The FY2012 appropriations law continues a provision started in the FY2011
appropriations law, which limits the Governors’ reserve of WIA state formula grants to 5% of the
total received from the three state formula grants—Adult, Youth, and Dislocated Workers. The
statutory limit is 15%, but the FY2011 appropriations law reduced this to 5% and the FY2012
appropriations law continues with this reduction. In addition to the funding changes, the FY2012
law directs the Government Accountability Office (GAO) to conduct a study to assess the means
25
DOL budget materials can be found online at http://www.dol.gov/dol/aboutdol/main.htm#budget. OMB budget
materials can be found online at http://www.whitehouse.gov/omb/budget.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
by which entities carrying out WIA activities in local areas match employment and training
activities to current and future job opportunities.
The final FY2012 appropriations law provides $50 million for the Workforce Investment Fund
(WIF), which is $75 million less than the comparable FY2011 WIF funding level and $187
million less than the FY2012 President’s request. The WIF, which is jointly administered by DOL
and ED, was created at the President’s request in FY2011 to provide competitive grants for
innovative approaches to workforce development. The law provides funding for the WIF as a
stand-alone appropriation, rather than adopting the Administration’s proposal to redirect 8% of
the funds requested for WIA and Employment Service formula grant programs to the WIF. Note
that the amounts shown for WIA and ES state grants in the President’s request column of Table 6
are the amounts available to each funding stream after the proposed 8% transfer to the WIF.
The Administration also requested funding of $60 million for the Green Jobs Innovation Fund
(GJIF). The GJIF, a competitive grant program to provide job training opportunities in green
occupations and industries, was first funded in FY2010 at $40 million. However, the GJIF
received no funding in FY2011 or in the final FY2012 appropriations law.
Finally, regarding WIA funding, the FY2012 appropriations law funds Job Corps at the FY2011
level of $1.7 billion, but eliminates the convention of providing advance appropriations for the
subsequent fiscal year (e.g., FY2013). Advance appropriations for Job Corps have typically been
provided in past appropriations laws.
The final FY2012 appropriations law provides the Community Service Employment for Older
Americans (CSEOA) Program with $449 million (the same as FY2011). The law maintains DOL
administration of CSEOA, rejecting a proposal from the FY2012 President’s Budget to transfer
administration of the program to HHS.
The FY2012 President’s Budget called for $23 million for a new State Paid Leave Fund. The fund
would have provided grants to states to establish paid leave programs. These programs would
have offered benefits to workers after the birth or adoption of a child and to workers who must
take time off from work to care for a child, spouse, or parent who is ill. No funds were
appropriated for the State Paid Leave Fund in the FY2012 law.
Finally, the FY2012 appropriations law provides $264.9 million for the Veterans’ Employment
and Training Service (VETS), an increase of $9.3 million (+3.6%) from the FY2011 funding level
of $255.6 million. Of this increase, $5 million is for the Veterans Workforce Investment Program
(VWIP), $2 million is for the Homeless Veterans Program, and $2 million is for the Transition
Assistance Program (TAP). In a separate section, the law includes a provision to allow the
transfer of funds designated in the FY2011 appropriations act (P.L. 112-10) for employment and
training needs of young parents to other pilot projects and for the implementation of the Veterans
Opportunity to Work (VOW) to Hire Heroes Act of 2011 (P.L. 112-56).
Employee Benefit Security Administration (EBSA)
The FY2012 appropriations law provides $183.5 million for the Employee Benefits Security
Administration (EBSA). This amount is $24.1 million (+15%) more than the FY2011 level of
$159.4 million, but $14 million (-7%) less than the Administration’s FY2012 request of $197.5
million. The Administration had requested the increase primarily to hire additional employees to
enforce regulations and to undertake pension and health-benefit related research.
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Wage and Hour Division (WHD)
The Administration requested $240.9 million for the Wage and Hour Division (WHD), an
increase of $13.5 million (+6%) above the FY2011 funding level of $227.5 million. The increase
in funding (to provide additional WHD auditors and inspectors) was requested to strengthen the
WHD’s initiative to detect and deter employee misclassification. At issue is whether workers are
classified as “independent contractors” inappropriately, which has implications for these
employees’ access to benefits and protections extended to regular wage and salary employees.
However, the FY2012 appropriations law provides no additional funding to the WHD for this
initiative and instead maintains funding at the FY2011 level of $227.5 million.
Occupational Safety and Health Administration (OSHA) and Mine Safety and
Health Administration (MSHA)
The Administration requested $583.4 million for the Occupational Safety and Health
Administration (OSHA) and $384.3 million for the Mine Safety and Health Administration
(MSHA), reflecting increases of $24.8 million (+4%) and $22.4 million (+6%), respectively,
compared to FY2011 funding levels. The increased OSHA request was for additional employees
to strengthen OSHA’s regulatory and whistleblower investigations. The bulk of the requested
increase for MSHA was for additional resources to address the backlog of cases before the
Federal Mine Safety and Health Review Commission and for the purchase of Continuous
Personal Dust Monitors that provide dust concentration exposure data to MSHA and to coal
miners. The final FY2012 appropriations law increases funding for OSHA by $7.2 million
(+1.3%) compared to FY2011 and for MSHA by $12.2 million (+3.4%) compared to FY2011.
Bureau of Labor Statistics (BLS)
The Administration requested $647 million for the Bureau of Labor Statistics (BLS), an increase
of $36.8 million (+6%) above the FY2011 funding level of $610.2 million. The BLS request
reflected in large part efforts to improve and expand the quality of several surveys that measure
price changes in the U.S. economy and to establish a new National Longitudinal Study (NLS) on
youth. The FY2012 law maintains BLS funding at the FY2011 level of $610.2 million.
Detailed DOL Appropriations Table
Table 6 shows the appropriations details for offices and major programs at DOL.
Table 6. Detailed Department of Labor Appropriations
(dollars in millions)
FY2011
Comparable
FY2012
Request
Employment and Training Administration (ETA)—mandatorya
1,011
1,100
Employment and Training Administration (ETA)—discretionary
9,750
9,715
Agency or Selected Program
Congressional Research Service
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
1,100
1,100
1,100
7,510
9,708
9,593
16
Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
964
3,309
3,195
792
208
771
771
826
850
414
826
826
1,063
1,081
102
1,063
1,008
Workforce Innovation Fund
125
237
0
100
50
Federally Administered Programs:
442
486
176
442
437
DWA National Reserve
224
229
65
224
224
Native Americans
53
54
27
53
48
Migrant and Seasonal Farmworkers
84
87
43
84
84
Women in Apprenticeship
1
1
1
1
1
YouthBuild
80
115
40
80
80
National Activities:
117
182
63
108
103
Pilots, Demonstrations, and Research
10
7
7
10
7
Green Jobs Innovation Fund
0
60
0
0
0
Reintegration of Ex-Offenders
85
90
45
75
80
Evaluation
10
12
12
10
10
Workforce Data Quality Initiative
12
14
0
12
6
1,706
1,700
2,224
1,706
1,706
449
0
450
449
449
4,103
4,202
3,732
4,095
4,095
3,250
3,287
3,262
3,242
3,242
723
725
373
723
723
Workforce Innovation Fund
0
61
0
0
0
Foreign Labor Certification
66
66
66
66
66
One-Stop Career Centers
64
64
32
64
64
0
23
0
0
0
147
160
141
147
147
Employee Benefits Security Administration
159
198
159
196
184
Pension Benefit Guaranty Corporation, program level (non-add)
(464)
(477)
(477)
(477)
(477)
Wage and Hour Division
227
241
215
227
227
Office of Labor-Management Standards (OLMS)
41
41
41
41
41
Office of Federal Contract Compliance Programs
105
109
105
105
105
Office of Workers’ Compensation Programs—mandatoryb
733
884
884
884
884
Office of Workers’ Compensation Programs—discretionary
118
124
118
118
118
FY2011
Comparable
FY2012
Request
3,344
3,629
Adult Activities Grants to States
771
Youth Activities Grants to States
Agency or Selected Program
Discretionary ETA Programs:
Training and Employment Services:
Dislocated Worker Activities (DWA) Grants to States
Job Corps
Community Service Employment for Older Americans
State Unemployment Insurance and Employment Service Operations
(SUI/ESO):
Unemployment Compensation
Employment Service
State Paid Leave Fund
ETA Program Administration
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
566
561
566
384
380
372
374
610
647
620
611
610
Office of Disability Employment Policy
39
39
39
39
39
Departmental Management
696
742
649
710
716
Salaries and Expenses
337
372
269
367
347
(92)
(102)
(26)
(92)
(92)
Veterans Employment and Training
256
261
271
259
265
IT Modernizationc
20
25
25
0
20
Office of the Inspector General
84
84
84
84
84
0
5
0
0
0
14,412
14,808
12,387
14,671
14,557
Subtotal, DOL Mandatory BA in the Bill
1,744
1,984
1,984
1,984
1,984
Subtotal, DOL Discretionary BA in the Bill
12,667
12,824
10,403
12,688
12,573
Total, BA Available in the Fiscal Year (current year from any bill)
14,411
14,834
14,851
14,672
15,249
Total, Advances for Future Years (provided in the current bill)
2,504
2,478
40
2,503
1,812
Total, Advances from Prior Years (for use in the current year)
2,503
2,504
2,504
2,504
2,504
FY2011
Comparable
FY2012
Request
Occupational Safety and Health Administration (OSHA)
559
583
Mine Safety and Health Administration (MSHA)
362
Bureau of Labor Statistics
Agency or Selected Program
International Labor Affairs (non-add)
Working Capital Fund
Total, DOL Discretionary & Mandatory BA in the Bill
Memoranda
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts reflect only those
provided (or requested) for agencies and accounts subject to the jurisdiction of the Labor, HHS, Education, and
Related Agencies Subcommittees of the House and Senate Committees on Appropriations. Amounts reflect total
budget authority provided in the bill, not total funding available for the current year. Mandatory amounts do not
include direct appropriations that occurred outside of appropriations bills. Totals in this table have not been
adjusted for scorekeeping. Non-add amounts are displayed in italics and parentheses; these amounts are not part
of the appropriations totals. FY2011 amounts reflect the 0.2% across-the-board rescission included in the final
FY2011 CR (P.L. 112-10). FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-theboard rescission required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
a.
Mandatory amounts for ETA include funding for Federal Unemployment Benefits and Allowances and for
Advances to Unemployment Insurance and Other Trust Funds.
b.
Mandatory amounts for federal programs for workers’ compensation include mandatory funding for benefits
under the Federal Employees’ Compensation Act program, the Longshore and Harbor Workers’
Compensation Act program, Special Benefits for Disabled Coal Miners, administrative expenses for the
Energy Employees Occupational Illness Compensation Fund, and the Black Lung Disability Trust Fund.
c.
The FY2012 Senate Committee-Reported Bill (S. 1599) included a request of $20 million for IT
Modernization; however, this amount is included as part of the “Salaries and Expenses” category under
“Departmental Management,” rather than as a separate line item in the cases of the FY2011 Comparable,
FY2012 President’s Budget, H.R. 3070, and FY2012 Enacted.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Department of Health and Human Services
Note that all figures in this section are based on regular L-HHS-ED appropriations only; they do
not include funds for HHS agencies provided through other appropriations bills (e.g., funding for
the Food and Drug Administration) or outside of the annual appropriations process (e.g., direct
appropriations for Medicare or pre-appropriated mandatory funds provided by authorizing laws,
such as the Patient Protection and Affordable Care Act (ACA, P.L. 111-148)26). All amounts in
this section are rounded to the nearest million or billion (as labeled). The dollar changes and
percent changes discussed in the text are based on unrounded amounts. Enacted FY2012 amounts
in the text and tables have not been adjusted to reflect the 0.189% across-the-board rescission
required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
About HHS
HHS is a sprawling federal department comprised of multiple agencies working to enhance the
health and well-being of Americans. Annual L-HHS-ED appropriations laws direct funding to
most (but not all) HHS agencies (see box for all
HHS Agencies Funded Via the
agencies supported by the L-HHS-ED bill).27
L-HHS-ED
Appropriations Process
For instance, the L-HHS-ED bill directs
Health
Resources
and
Services Administration (HRSA)
funding to five Public Health Service (PHS)
agencies: HRSA, CDC, NIH, SAMHSA, and
Centers for Disease Control and Prevention (CDC)
AHRQ.28 These public health agencies support
National Institutes of Health (NIH)
diverse missions, ranging from the provision of
Substance Abuse and Mental Health Services
health care services and supports (e.g., HRSA,
Administration (SAMHSA)
SAMHSA), to the advancement of health care
Agency for Healthcare Research and Quality (AHRQ)
quality and medical research (e.g., AHRQ,
NIH), to the prevention and control of
Centers for Medicare and Medicaid (CMS)
infectious disease (e.g., CDC). The L-HHS-ED
Administration for Children and Families (ACF)
bill also provides funding for annually
29
Administration on Aging (AOA)
appropriated components of CMS, the HHS
Office of the Secretary (OS)
agency responsible for the administration of
Medicare, Medicaid, and the State Children’s
Health Insurance Program (CHIP); and for implementation of the consumer protections and
private health insurance provisions of the ACA. The L-HHS-ED bill also provides funding for
26
The ACA was subsequently amended by the Health Care and Education Reconciliation Act (P.L. 111-152). These
two laws are collectively referred to as the ACA in this report. (Previous CRS reports on the Patient Protection and
Affordable Care Act used the acronym PPACA to refer to the statute, but newer reports will use “ACA,” in
conformance with the more widely-used acronym for the law.) For information on funding directly appropriated by
ACA, see the tables in CRS Report R41301, Appropriations and Fund Transfers in the Patient Protection and
Affordable Care Act (PPACA), by (name redacted).
27
Three HHS public health agencies receive annual funding from appropriations bills other than the L-HHS-ED bill:
the Food and Drug Administration (Agriculture appropriations bill), the Indian Health Service (Interior-Environment
appropriations bill), and the Agency for Toxic Substances and Disease Registry (Interior-Environment appropriations
bill).
28
For more information on HHS PHS agencies, see CRS Report R41737, Public Health Service (PHS) Agencies:
Overview and Funding, FY2010-FY2012, coordinated by (name redacted) and (name redacted).
29
Much of the funding for CMS activities is directly appropriated in authorizing legislation and thus is not subject to
the annual appropriations process.
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two HHS agencies focused primarily on the provision of social services: ACF and AOA. These
agencies work to promote the economic and social well-being of vulnerable children, families,
and older Americans. Finally, the L-HHS-ED bill also provides funding for the HHS Office of the
Secretary, which encompasses a broad array of management, research, oversight, and emergency
preparedness functions in support of the entire department.
FY2012 HHS Appropriations Overview
The final FY2012 appropriations law provides $69.8 billion in discretionary funding for HHS.
This amount is $693 million (-1%) less than the comparable FY2011 funding level of $70.4
billion and $3.4 billion (-5%) less than the President’s Budget request of $73.1 billion. (See Table
7.)
Table 7. Department of Health and Human Services Appropriations Overview
(dollars in billions)
Funding
FY2011
Comparable
FY2012
Request
FY2012 House
(H.R. 3070)
FY2012 Senate
(S. 1599)
Discretionary
70.4
73.1
70.2
70.2
69.8
Mandatory
502.7
519.5
519.8
519.5
519.2
Total
573.1
592.6
590.1
589.7
588.9
FY2012 Enacted
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Where appropriate,
FY2011 figures reflect the 0.2% across-the-board rescission included in the final FY2011 CR (P.L. 112-10).
FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board rescission required
by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
Annual HHS appropriations are dominated by mandatory funding, the majority of which goes to
CMS to provide Medicaid benefits and payments to health care trust funds. When taking into
account both mandatory and discretionary funding, CMS accounted for roughly 86% of all HHS
appropriations in FY2011 ($493 billion) and 87% in FY2012 ($510 billion). By contrast, when
looking exclusively at discretionary appropriations, CMS constituted only 6% of discretionary
HHS appropriations in both FY2011 ($3.9 billion) and FY2012 ($4.2 billion). NIH and ACF
typically receive the majority of HHS discretionary appropriations. Combined, discretionary
appropriations for these two agencies constituted roughly two-thirds of all discretionary HHS
appropriations in both FY2011 ($48 billion) and FY2012 ($47 billion). See Figure 3 for an
agency-level breakdown of FY2012 HHS appropriations. The figure compares total
appropriations (i.e., mandatory plus discretionary), by HHS agency, with discretionary-only
appropriations, by agency.
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Figure 3. FY2012 HHS Appropriations by Agency
(budget authority in billions of dollars)
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74.
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Amounts have not been
adjusted to reflect the 0.189% across-the-board rescission required by Section 527 of Division F of P.L. 112-74
for most discretionary L-HHS-ED accounts.
FY2012 HHS Discretionary Highlights
This section discusses several important aspects of discretionary HHS appropriations. First, it
provides an introduction to a special funding mechanism included in the public health budget, the
Public Health Service Evaluation Tap. Next, it reviews a selection of FY2012 discretionary
funding highlights across HHS. Finally, the section concludes with a brief overview of significant
provisions from annual HHS appropriations laws that restrict spending in certain controversial
areas, such as abortion and stem cell research.
Public Health Service Evaluation Tap
A unique budget feature of some of the agencies and programs in HHS is their receipt of funding
from the Public Health Service (PHS) Evaluation Set-Aside program, also known as the
Evaluation Tap.30 The tap provides more than a dozen HHS programs with funding beyond their
regular appropriations (or in a few cases, such as programs administered by the Agency for
Healthcare Research and Quality, programs may be funded entirely by the tap). The PHS
Evaluation Tap allows the Secretary of HHS to redistribute a portion of eligible PHS agency
appropriations for program evaluation purposes across HHS. In the annual L-HHS-ED act,
Congress specifies the maximum percentage for the set-aside, which is 2.5% of eligible
appropriations in FY2012, the same as in FY2011. The President’s Budget had proposed to
increase the set-aside to 3.2% in FY2012. Congress also allocates a portion of the available
30
The PHS Evaluation Tap is authorized in §241 of the PHS Act (42 U.S.C. §238j).
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money for transfer to specific programs, as shown in Table 8.31 The funding amounts from the tap
are labeled “non-add” in the table because they are not counted in the totals of appropriated
funds.32 In some cases, an apparent change in the level of proposed or final appropriations for a
program simply reflects a shifting of the share of funding supplied by appropriated funds versus
funds made available through the tap; the overall level of funding available for an activity may
not change greatly in such cases.
HHS Highlights by Program Area
The discussion below reviews a limited selection of FY2012 discretionary funding highlights for
programs supported by the HHS public health agencies, as well as programs administered by
CMS, ACF, and AOA. The discussion is based on discretionary funding provided by the
Consolidated Appropriations Act, 2012 (P.L. 112-74), as compared to funding enacted in FY2011,
proposed in the FY2012 President’s Budget,33 and in some cases, as proposed by House (H.R.
3070) and Senate (S. 1599) L-HHS-ED bills for FY2012. See Table 8 for details.
Public Health34
The final FY2012 appropriations law provides either a small increase or approximately level
discretionary funding for two of the public health agencies (CDC and NIH) in the L-HHS-ED
bill, while providing the other three public health agencies (HRSA, SAMHSA, and AHRQ) with
amounts slightly below FY2011. By contrast, the FY2012 President’s Budget had generally
proposed increases for each of these agencies (except AHRQ). Specifically, the final FY2012
appropriations law funds CDC at $5.7 billion (+0.3% from FY2011), NIH at $30.7 billion (equal
to FY2011), HRSA at $6.2 billion (-0.9% from FY2011), SAMHSA at $3.4 billion (-0.7% from
FY2011), and AHRQ at $369 million (-0.8% from FY2011). 35
The final FY2012 appropriations law slightly reduces overall appropriations for HRSA’s health
professions programs compared to FY2011, rejecting a number of the Administration’s proposals
in this area. For instance, the law eliminates discretionary funding for the National Health Service
Corps (-$25 million from FY2011), for which the Administration had requested $123 million.
(The ACA provided a separate, mandatory appropriation of $295 million for the National Health
Service Corps in FY2012.) The FY2012 appropriations law also prohibits HRSA from using
health professions funding for the Alternative Dental Health Care Providers Demonstration
31
By convention, Table 8 displays only those tap funds allocated by Congress in the appropriations process; tap funds
allocated at the Secretary’s discretion are not shown. For further information on PHS agency funding and on the PHS
Evaluation Set-Aside, see CRS Report R41737, Public Health Service (PHS) Agencies: Overview and Funding,
FY2010-FY2012, coordinated by (name redacted) and (name redacted).
32
By convention, this table shows only the amount of set-aside funds received by an agency. The table does not
subtract the amount of the evaluation tap from donor agencies’ appropriations. The non-add lines are shown in italics,
with numbers in parentheses.
33
For a full list of HHS proposals from the President’s Budget, see FY2012 budget documents prepared by HHS and
the Office of Management and Budget (OMB). HHS budget materials can be found online at http://www.hhs.gov/
about/hhsbudget.html. OMB budget materials can be found online at http://www.whitehouse.gov/omb/budget.
34
For additional information on funding for HHS public health agencies, including mandatory funding preappropriated by the ACA, see CRS Report R41737, Public Health Service (PHS) Agencies: Overview and Funding,
FY2010-FY2012, coordinated by (name redacted) and (name redacted).
35
Note that AHRQ funding is provided via the PHS Evaluation Tap, not through new budget authority. AHRQ also
received $24 million for FY2012 in pre-appropriated ACA funding.
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Project and rejects a President’s Budget proposal to direct $255 million in new funding from the
PHS Evaluation Tap toward healthcare workforce activities (the final law directs no PHS
Evaluation Tap funds toward these activities). In addition, the final law maintains level funding of
$268 million for HRSA’s Children’s Hospitals Graduate Medical Education program, which the
Administration had proposed to eliminate. 36 The final law generally provides level funding for
HRSA’s primary care programs, including $1.6 billion for community health centers (-25% from
the President’s request). 37
At CDC, the final FY2012 appropriations law directs a total of $294 million to the National
Institute for Occupational Safety and Health (NIOSH), a reduction of 7% from FY2011. The law
provides these funds through a combination of new budget authority ($183 million) and PHS
Evaluation Tap funding ($111 million), rejecting the Administration’s FY2012 proposal to fund
NIOSH solely via the PHS Evaluation Tap. The law maintains the FY2011 level of $80 million
for the Preventive Health and Health Services Block Grant, which the President’s Budget
proposed to eliminate. The final law also rejects the President’s proposal to consolidate funding
for multiple chronic disease prevention and health promotion programs. The law provides a total
$1.2 billion for these programs in FY2012 (+9% from FY2011), of which $457 million is from
the PHS Evaluation Tap. The President’s Budget had indicated an intention of supplementing
appropriations for chronic disease prevention and health promotion programs with additional preappropriated funding from the ACA, to be transferred from the Prevention and Public Health
Fund (PPHF). Many CDC and other HHS programs received supplemental funding transferred
from the PPHF in FY2010 and FY2011. For FY2012, there is $1 billion available for transfer
from the PPHF, but it is not yet clear how these funds will be distributed among programs.
At NIH, where Congress did not provide the requested 3% increase, two factors dominated the
FY2012 funding discussion. First, although the overall appropriation grew by only $2 million
from FY2011, all institutes and centers receive increases because the final FY2012 appropriations
law eliminates a provision (included in previous years) requiring NIH to transfer nearly $300
million to the Global Fund to Fight AIDS, Tuberculosis, and Malaria.38 The largest single increase
at NIH (+$76 million) goes to the Buildings and Facilities account (which had been cut in
FY2011), for an FY2012 funding level of $126 million. Second, the final law includes
authorizing language39 (at the President’s request) that establishes a new National Center for
Advancing Translational Sciences (NCATS) and abolishes the existing National Center for
Research Resources (NCRR). The conference report explanatory statement displays the
reallocation of NCRR funds to NCATS and other NIH entities.40
36
Note that there are currently bills under consideration to reauthorize and increase funding for the Children’s Hospital
GME in both the House (H.R. 1852) and the Senate (S. 958).
37
In maintaining level funding for health centers, the conferees noted the availability of ACA funding. Health centers
received $1.2 billion in pre-appropriated funding from the ACA for FY2012 (an increase of $200 million from the
amount of ACA funding the program received in FY2011). For additional information, see CRS Report R41301,
Appropriations and Fund Transfers in the Patient Protection and Affordable Care Act (PPACA), by (name redac
ted).
38
Had the law required such a transfer, the funds would have counted as “security” spending cap under the rules of
Title I of the Budget Control Act of 2011, because these funds fall within Budget Function 150 (international affairs).
39
See §221 of Division F of P.L. 112-74 and related discussion on p. 1134-1137 of the conference report (H.Rept. 112331).
40
For more information, see CRS Report R41705, The National Institutes of Health (NIH): Organization, Funding, and
Congressional Issues, by (name redacted) and (name redacted). See also National Institutes of Health, “NIH
Establishes National Center for Advancing Translational Sciences,” press release, December 23, 2011,
(continued...)
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Although the FY2012 President’s Budget had proposed to restructure SAMHSA’s programs to
emphasize prevention activities and support emerging issues, the final FY2012 law largely retains
the existing program structure. The law does not provide funding for the Administration’s
proposed state prevention grants for mental health and substance abuse, which had accounted for
$485 million in the President’s Budget. Instead, the law increases the appropriations for two
SAMHSA block grants: the Mental Health Block Grant receives $440 million (+10% from
FY2011) and the Substance Abuse Block Grant receives $1.7 billion (+1% from FY2011). These
increases are balanced by decreases in appropriations for two SAMHSA Programs of Regional
and National Significance (PRNS): Mental Health PRNS receive $276 million (-18% from
FY2011) and Substance Abuse Treatment PRNS receive $400 million (-1% from FY2011).41
CMS
The final FY2012 appropriations law provides $4.2 billion in discretionary funding for CMS.
This amount is $241 million (+6%) more than the FY2011 funding level of $3.9 billion, but $788
million (-16%) less than the President’s Budget request of $5.0 billion. The majority of the
discretionary appropriation ($3.9 billion, up 7% from FY2011) is directed toward CMS program
management activities, including the administration of Medicare, Medicaid, the State Children’s
Health Insurance Program, and new private health insurance provisions established by the ACA.
The remaining discretionary funds ($310 million, the same as FY2011) are directed toward
program integrity efforts to detect and prevent health care fraud and abuse.42
Notably, the final FY2012 appropriations law does not include the provision from the Houseintroduced FY2012 L-HHS-ED appropriations bill (H.R. 3070) that would have prohibited HHS
from using any of the funds appropriated for program management to support the CMS Center for
Consumer Information and Insurance Oversight (an office created after the enactment of the ACA
and tasked with implementing new private health insurance requirements) or the activities
developed, administered, or implemented by this office.43
ACF
The final FY2012 appropriations law provides $16.5 billion in discretionary funding for ACF.
This amount is $715 million (-4%) less than the FY2011 funding level of $17.2 billion, but $342
million (+2%) more than the President’s Budget request of $16.2 billion. Under the final FY2012
law, the Low Income Home Energy Assistance Program (LIHEAP) sustains the single largest cut,
in dollars, among discretionary ACF programs. The law appropriates $3.5 billion for LIHEAP,
which is $1.2 billion (-26%) less than the program received in FY2011, but $909 million (+40%)
more than the President had requested for FY2012. The Administration’s request was based on a
(...continued)
http://www.nih.gov/news/health/dec2011/od-23.htm.
41
The two block grants and the Substance Abuse Treatment PRNS receive additional funds from the PHS Evaluation
Tap (see Table 8). The PRNS activities for both mental health and substance abuse treatment also receive ACA funds
by transfer from the PPHF. For more information on SAMHSA, see CRS Report R41477, Substance Abuse and Mental
Health Services Administration (SAMHSA): Agency Overview and Reauthorization Issues, by (name redacted).
42
For more information on CMS program integrity efforts, see CRS Report RL34217, Medicare Program Integrity:
Activities to Protect Medicare from Payment Errors, Fraud, and Abuse, by (name redacted).
43
For more information on the CMS Center for Consumer Information and Insurance Oversight, visit the office’s
homepage online at http://cciio.cms.gov/.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
decision to reduce LIHEAP regular funds to the level appropriated prior to FY2009 based on
anticipated energy prices.44
The FY2012 law enacts a proposal from the FY2012 President’s Budget to eliminate funding for
the Job Opportunities for Low-Income Individuals program (-$1.6 million from FY2011), but
rejects a related proposal to decrease funding for the Community Services Block Grant (CSBG), a
funding stream that supports services and activities to reduce poverty. The final law maintains
CSBG funding at the FY2011 level of $679 million, nearly double the amount requested by the
Administration ($350 million), and does not act on the President’s proposal to convert the CSBG
into a competitive grant at the state level. 45
Despite an overall decrease in ACF funding, certain ACF programs receive increases under the
final FY2012 appropriations law. For instance, the law provides $8.0 billion for Head Start (+6%
from FY2011) and $2.3 billion for the Child Care and Development Block Grant (+3% from
FY2011), demonstrating support for early childhood care and education programs.46
AOA
The final FY2012 appropriations law provides $1.47 billion in discretionary funding for AOA.47
This amount is $24 million (-2%) less than the FY2011 funding level of $1.50 billion and $764
million (-34%) less than the President’s Budget request of $2.24 billion. The FY2012 law
generally maintains level funding for the majority of AOA programs, compared to FY2011, with
a few exceptions. For instance, the FY2012 law eliminates funding (-$19 million from FY2011)
for Program Innovations, a funding stream that had previously been used to test and demonstrate
new approaches and best practices in aging services. The final law also decreases funding for the
Alzheimer’s Disease Supportive Services Program ($4 million in FY2012, -65% from FY2011).
The final FY2012 law rejects two President’s Budget proposals to transfer existing programs
from other agencies to AOA. First, the law does not transfer the Community Service Employment
for Older Americans program from the Department of Labor to HHS/AOA. Second, the law does
not transfer the State Health Insurance Program (SHIP), which provides one-on-one health and
long-term care counseling to the aging, from CMS to AOA. In proposing these transfers, the
Administration had argued that these programs could benefit from greater streamlining and
integration with the supports provided by AOA’s existing services for the aging.
The final law provides AOA with no funding for administration of the Community Living
Assistance Services and Supports (CLASS) program, a voluntary insurance program established
by the ACA, rejecting the President’s request for $120 million. Prior to FY2012, administrative
costs for CLASS had been funded by the ACA Implementation Fund (§1005 of P.L. 111-152).
44
According to HHS budget documents, the Administration did not expect energy prices to be as high in FY2012 as
they have been in years since FY2008. For more information on the LIHEAP budget, see CRS Report RL31865, The
Low Income Home Energy Assistance Program (LIHEAP): Program and Funding, by (name redacted).
45
For more information on JOLI and the CSBG budget, see CRS Report RL32872, Community Services Block Grants
(CSBG): Background and Funding, by (name redacted).
46
For more information on the Head Start budget, see CRS Report RL30952, Head Start: Background and Issues, by
(name redacted). For more information on the CCDBG budget, see CRS Report RL30785, The Child Care and
Development Block Grant: Background and Funding, by (name redacted).
47
For additional information on AOA funding, see CRS Report RL33880, Funding for the Older Americans Act and
Other Administration on Aging Programs, by (name redacted) and (name redacted).
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The authorizing statute anticipated that at some future time, administrative funding for CLASS
would be drawn from premiums received; the Administration had indicated that the requested
funding for FY2012 would be used as a bridge until that time. However, on October 14, 2011,
HHS Secretary Sebelius announced that CLASS implementation had been suspended.48
Funding Restrictions Related to Certain Controversial Issues
Annual L-HHS-ED appropriations regularly contain restrictions related to certain controversial
issues. For instance, annual appropriations laws generally include provisions limiting the
circumstances under which L-HHS-ED funds (including Medicaid funds) may be used to pay for
abortions. Under current provisions, (1) abortions may be funded only when the life of the mother
is endangered or in cases of rape or incest; (2) funds may not be used to buy a managed care
package that includes abortion coverage, except in cases of rape, incest, or endangerment; and (3)
federal programs and state/local governments that receive L-HHS-ED funding are prohibited
from discriminating against health care entities that do not provide or pay for abortions or
abortion services.49 Similarly, annual appropriations since FY1997 have included a provision
prohibiting L-HHS-ED funds (including NIH funds) from being used to create human embryos
for research purposes or for research in which human embryos are destroyed.50 The FY2012 law
also reinstates a provision, removed in FY2010, prohibiting L-HHS-ED funds from being used
for needle exchange programs and modifies a provision prohibiting spending on activities that
advocate or promote gun control so that it applies to all HHS funds and not only to CDC.51
Detailed HHS Appropriations Table
Table 8 shows the appropriations details for offices and major programs at HHS.
48
Kathleen Sebelius, Secretary of Health and Human Services, “Secretary Sebelius’ Letter to Congress about CLASS,”
October 14, 2011, http://www.hhs.gov/secretary/letter10142011.html. For more information, see CRS Report R40842,
Community Living Assistance Services and Supports (CLASS) Provisions in the Patient Protection and Affordable Care
Act (ACA), by (name redacted) and (name redacted).
49
The current provisions, commonly referred to as the Hyde and Weldon Amendments, can be found in §506 and §507
of P.L. 112-74, Division F. For additional information, please see CRS Report RL33467, Abortion: Judicial History
and Legislative Response, by (name redacted).
50
The current provision, commonly referred to as the Dickey Amendment, can be found in §508 of P.L. 112-74,
Division F. For additional information, please see CRS Report RL33554, Stem Cell Research: Ethical and Legal
Issues, by (name redacted), (name redacted), and (name redacted), and CRS Report RL33540, Stem Cell Research:
Science, Federal Research Funding, and Regulatory Oversight, by (name redacted) and (name redacted).
51
See §523 (needle exchange programs) and §218 (gun control) of P.L. 112-74, Division F.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Table 8. Detailed Department of Health and Human Services Appropriations
(dollars in millions)
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2011
Comparable
FY2012
Request
Health Resources and Services Administration (HRSA)
6,492
7,043
6,953
6,449
6,451
Subtotal, HRSA Mandatory Appropriationsa
220
235
235
235
235
Subtotal, HRSA Discretionary Appropriations
6,272
6,808
6,718
6,214
6,216
(25)
(280)
(28)
(25)
(25)
Community Health Centers
1,581
2,118
2,576
1,581
1,581
National Health Service Corps
25
123
142
25
0
Health Professions (Title VII)
253
329
85
231
234
Evaluation Tap Funding (non-add)
(0)
(147)
(3)
(0)
(0)
Health Professions, Nursing (Title VIII)
242
225
107
242
232
Evaluation Tap Funding (non-add)
(0)
(109)
(0)
(0)
(0)
Children’s Hospitals Graduate Medical Education
268
0
268
268
268
Maternal and Child Health Block Grant
656
654
654
606
646
Autism and Other Developmental Disorders
48
55
48
48
48
Healthy Start
104
105
105
104
105
2,312
2,376
2,312
2,327
2,327
(25)
(25)
(25)
(25)
(25)
Healthcare Systems Bureau
87
101
64
87
84
Rural Health Programs
138
124
140
142
140
Family Planning (Title X)
299
327
0
299
297
5,704
5,873
5,653
5,821
5,723
Subtotal, CDC Mandatory Appropriationsc
55
55
55
55
55
Subtotal, CDC Discretionary Appropriations
5,649
5,817
5,597
5,766
5,668
Subtotal, CDC Evaluation Tap Funding (non-add)
(352)
(490)
(346)
(367)
(371)
Immunization and Respiratory Diseasesd
479
647
687
635
579
Evaluation Tap Funding (non-add)
(13)
(13)
(13)
(13)
(13)
1,076
1,157
1,043
1,116
1,106
Emerging and Zoonotic Infectious Diseases
252
289
242
252
254
Chronic Disease Prevention and Health Promotion
814
725
702
778
761
Birth Defects and Developmental Disabilities
136
144
122
138
138
Public Health Scientific Services
148
206
135
148
145
(248)
(218)
(246)
(248)
(248)
Agency or Selected Program
Subtotal, HRSA Evaluation Tap Funding (non-add)
FY2012
Enacted
Selected Discretionary HRSA Programs:
Ryan White AIDS Programs
Evaluation Tap Funding (non-add)
Centers for Disease Control and Prevention (CDC)b
Selected Discretionary CDC Programs:
HIV/AIDS, Viral Hepatitis, STDs, TB Prevention
Evaluation Tap Funding (non-add)e
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2011
Comparable
FY2012
Request
Environmental Health
135
129
115
106
106
Injury Prevention and Control
144
148
141
130
138
National Institute for Occupational Safety and Health
224
0
162
188
183
(92)
(260)
(88)
(107)
(111)
340
381
324
350
350
Public Health Preparedness and Responsef
1,337
1,423
1,340
1,375
1,307
CDC-wide Activities and Program Supportg
564
569
584
548
621
Preventive Health and Health Services Block Grant
80
0
100
0
80
CDC Buildings and Facilities
0
30
30
0
25
Business Services
362
417
345
427
397
Public Health Leadership and Support
121
121
109
121
119
Contracting and Administrative Reduction
0
0
0
0
-20
30,688
31,748
31,748
30,498
30,690
30,688
31,748
31,748
30,498
30,690
(8)
(8)
(8)
(8)
(8)
3,380
3,387
3,097
3,355
3,354
Subtotal, SAMHSA Discretionary Appropriations
3,380
3,387
3,097
3,355
3,354
Subtotal, SAMHSA Evaluation Tap Funding (non-add)
(132)
(170)
(132)
(130)
(130)
Mental Health Programs of Reg’l & Nat’l Significance (PRNS)h
338
273
186
332
276
Mental Health Block Grant
399
414
399
399
440
(21)
(21)
(21)
(21)
(21)
Children's Mental Health
118
121
118
118
118
Grants to States for the Homeless
65
65
65
65
65
Mental Health State Prevention Grant
0
90
0
0
0
Protection and Advocacy
36
36
36
36
36
Substance Abuse Treatment PRNSh
404
402
370
410
400
Evaluation Tap Funding (non-add)
(2)
(2)
(2)
(2)
(2)
1,703
1,420
1,719
1,703
1,724
Evaluation Tap Funding (non-add)
(79)
(75)
(79)
(79)
(79)
Substance Abuse Prevention PRNSh
186
75
124
186
186
0
395
0
0
0
129
96
80
106
109
(29)
(72)
(29)
(27)
(27)
Agency or Selected Program
Evaluation Tap Funding (non-add)
Global Health
National Institutes of Health (NIH)b
Subtotal, NIH Discretionary Appropriations
Subtotal, NIH Evaluation Tap Funding (non-add)
Substance Abuse and Mental Health Services
Administration (SAMHSA)
FY2012
Enacted
Selected Discretionary SAMHSA Programs:
Evaluation Tap Funding (non-add)
Substance Abuse Block Grant
Substance Abuse State Prevention Grant
Health Surveillance and Support
Evaluation Tap Funding (non-add)
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2011
Comparable
FY2012
Request
Agency for Healthcare Research and Quality (AHRQ)
0
0
0
0
0
Subtotal, AHRQ Discretionary Appropriations
0
0
0
0
0
(372)
(366)
(324)
(372)
(369)
Centers for Medicare and Medicaid Services (CMS)
493,002
510,883
510,003
510,531
509,824
Subtotal, CMS Mandatory Appropriationsi
489,053
505,905
506,249
505,905
505,635
Subtotal, CMS Discretionary Appropriations
3,949
4,978
3,754
4,626
4,190
3,639
4,397
3,173
4,045
3,879
310
581
581
581
310
Administration for Children and Families (ACF)
30,084
28,902
29,119
29,243
29,224
Subtotal, ACF Mandatory Appropriationsj
12,848
12,723
12,723
12,723
12,703
Subtotal, ACF Discretionary Appropriations
17,235
16,179
16,396
16,520
16,521
(6)
(6)
(6)
(6)
(6)
Low Income Home Energy Assistance Program
4,701
2,570
3,392
3,601
3,478
Refugee and Entrant Assistance Programs
729
825
729
788
770
Child Care and Development Block Grant
2,223
2,927
2,223
2,223
2,283
Head Start
7,560
8,100
8,100
7,900
7,984
Child Welfare Services
281
282
281
281
281
Developmental Disabilities Programs
186
163
160
168
168
Community Services Block Grant
679
350
679
679
679
Battered Women’s Shelters
130
135
130
130
130
0
3
0
0
0
Evaluation Tap Funding (non-add)
(6)
(6)
(6)
(6)
(6)
Administration on Aging (AOA)
1,497
2,238
1,471
1,535
1,474
1,497
2,238
1,471
1,535
1,474
Home and Community-Based Supportive Services
368
416
368
368
368
Family and Native American Caregiver Support Services
160
201
160
160
160
Nutrition Services Programs
818
819
819
818
818
Program Innovations
19
12
0
9k
0
Alzheimer’s Disease Supportive Services
11
11
11
4
4
Community Service Employment for Older Americansl
0
450
0
0
0
CLASS Act Program Administration
0
120
0
0
0
State Health Insurance Programm
0
47
0
52
0
Agency or Selected Program
Subtotal, AHRQ Evaluation Tap Funding (non-add)
FY2012
Enacted
Selected Discretionary CMS Programs:
CMS Program Management
Health Care Fraud and Abuse Control
Subtotal, ACF Evaluation Tap Funding (non-add)
Selected Discretionary ACF Programs:
Social Services and Income Maintenance Research
Subtotal, AOA Discretionary Appropriations
Selected Discretionary AOA Programs:
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Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2012
House
(H.R.
3070)
FY2012
Senate
(S. 1599)
FY2011
Comparable
FY2012
Request
2,292
2,526
2,028
2,235
2,204
Subtotal, OS Mandatory Appropriationsn
518
565
565
565
565
Subtotal, OS Discretionary Appropriations
1,774
1,962
1,464
1,670
1,639
(84)
(158)
(93)
(92)
(114)
480
364
343
476
475
(65)
(127)
(55)
(73)
(69)
42
57
0
42
16
(19)
(21)
(28)
(19)
(45)
50
53
50
50
50
(0)
(10)
(10)
(0)
(0)
1,090
1,360
958
989
984
913
1,302
915
932
927
Hospital Preparedness (in ASPR)
378
375
375
375
375
Biomedical Advanced Research and Dev’t (in ASPR)o
415
765
415
415
415
Parklawn Lease Expiration
35
0
0
0
0
Pandemic Influenza Preparedness
65
0
0
0
0
573,138
592,599
590,073
589,666
588,944
Subtotal, HHS Mandatory BA in the Bill
502,694
519,483
519,827
519,483
519,192
Subtotal, HHS Discretionary BA in the Bill
70,444
73,116
70,246
70,183
69,751
Total, BA Available in the Fiscal Year (current year from any bill)
573,383
588,280
585,754
585,347
584,625
Total, Advances for Future Years (provided in the current bill)
89,495
93,814
93,814
93,814
93,814
Total, Advances from Prior Years (for use in the current year)
89,739
89,495
89,495
89,495
89,495
Agency or Selected Program
Office of the Secretary (OS)
Subtotal, OS Evaluation Tap Funding (non-add)
FY2012
Enacted
Selected Discretionary OS Programs:
General Departmental Management (GDM)
Evaluation Tap Funding (non-add)
Office of the Nat'l Coord. for Health Information Tech. (ONC)
Evaluation Tap Funding (non-add)
Office of the Inspector General
Evaluation Tap Funding (non-add)
Public Health and Social Services Emergency Fund (PHSSEF)
Selected Programs/Offices within PHSSEF:
Office of Asst. Sec’y for Preparedness and Response (ASPR)
Total, HHS Mandatory & Discretionary BA in the Bill
Memoranda
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts reflect only those
provided (or requested) for agencies and accounts subject to the jurisdiction of the Labor, HHS, Education, and
Related Agencies Subcommittees of the House and the Senate Committees on Appropriations (e.g., department
totals do not include funding for the Food and Drug Administration, the Indian Health Service, or the Agency for
Toxic Substances and Disease Registry, all of which are funded by other bills). Amounts shown reflect total
budget authority provided in the bill, not total funding available for the current year. Mandatory amounts do not
include direct appropriations occurring outside of appropriations bills. Totals in this table have not been adjusted
for scorekeeping. Non-add amounts are displayed in italics and parentheses; these amounts are not part of the
appropriations totals. FY2011 figures reflect the 0.2% across-the-board rescission included in the final FY2011
CR (P.L. 112-10). FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board
rescission required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
a.
These mandatory funds are for the Vaccine Injury Compensation Program.
b.
Each year, CDC and NIH also receive some funds from Interior-Environment appropriations. CDC received
$77 million in FY2011 and $76 million in FY2012. NIH received $79 million in each of those years. Because
these amounts are not provided via the L-HHS-ED bill, they are not included in this table.
c.
These mandatory funds are for the Energy Employees Occupational Illness Compensation Program.
d.
In FY2011, an additional amount of $156.3 million (non-add) was available from supplemental appropriations
for pandemic flu provided in P.L. 111-32.
e.
Includes Health Statistics, formerly a separate category.
f.
In FY2011, an additional amount of $68.5 million (non-add) was available from supplemental appropriations
for pandemic flu provided in P.L. 111-32. For FY2012, $30 million was requested from the P.L. 111-32
balances, which the House and Senate bills included and which the conferees approved.
g.
New account in the conference agreement (P.L. 112-74), grouping four separate activities.
h.
The Administration proposed a restructuring of certain SAMHSA programs to emphasize prevention
activities and to support emerging issues. This table largely reflects the existing appropriations structure,
with some added entries for new SAMHSA-wide programs proposed in FY2012.
i.
These mandatory funds go toward the following accounts: Grants to States for Medicaid and Payments to
Health Care Trust Funds.
j.
These mandatory funds go toward the following accounts: Child Support Enforcement and Family Support
Payments; the Social Services Block Grant; the mandatory portion of the Promoting Safe and Stable Families
program; and Payments for Foster Care and Permanency.
k.
This amount has been adjusted for comparability from the number shown in S.Rept. 112-84.
l.
This program is currently administered by the Department of Labor. The FY2012 President’s Budget
proposed transferring the program to HHS, but the FY2012 appropriations law did not enact this proposal.
m.
This program is currently administered by HHS/CMS. The FY2012 President’s Budget proposed transferring
the program to HHS/AOA, but the FY2012 appropriations law did not enact this proposal.
n.
These mandatory funds are for the Medical Benefits for Commissioned Officers account.
o.
The President’s Budget indicates that these funds would be derived by transfer from existing Project
BioShield funds, meaning that they would not require new budget authority. However, the funds are carried
in this table based on conventions in House Appropriations documents.
Department of Education
Note that all figures in this section are based on regular L-HHS-ED appropriations only; they do
not include funds provided outside of the annual appropriations process (e.g., certain direct
appropriations for Federal Direct Student Loans and Pell Grants). All amounts in this section are
rounded to the nearest million or billion (as labeled). The dollar changes and percent changes
discussed in the text are based on unrounded amounts. Enacted FY2012 amounts in the text and
tables have not been adjusted to reflect the 0.189% across-the-board rescission required by
Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts (except Pell
Grants).
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Labor, Health and Human Services, and Education: FY2012 Appropriations
About ED
The federal government provides roughly 9% of overall funding for elementary and secondary
education; the vast majority of funding comes from states and local districts.52 States and school
districts also have primary responsibility for the provision of elementary and secondary education
in the United States. Nevertheless, the United States Department of Education (ED) performs
numerous functions, including promoting educational standards and accountability; gathering
education data via programs such as the National Assessment of Education Progress;
disseminating research on important education issues; and administering federal education
programs and policies. ED is responsible for administering a large number of elementary and
secondary education programs, many of which provide direct support to school districts with a
high concentration of disadvantaged students and students with disabilities. One of the most
important priorities for ED in elementary and secondary education is improving academic
outcomes for all students; particularly disadvantaged students, students with disabilities, English
language learners, Indians, Native Hawaiians, and Alaska Natives. With regard to higher
education, the federal government supports roughly 74% of all direct aid provided to students to
finance their postsecondary education.53 There are also many higher education programs
administered by ED—the largest are those providing financial aid to facilitate college access,
primarily through student loans and the Pell grant program. In addition, ED administers programs
that address vocational rehabilitation, career and technical education, and adult education.
FY2012 ED Appropriations Overview
The final FY2012 appropriations law provides $68.2 billion in discretionary funding for ED. This
amount is $190 million (-0.3%) less than the comparable FY2011 funding level of $68.3 billion
and $9.2 billion (-11.9%) less than the President’s Budget request of $77.4 billion. (See Table 9.)
Table 9. Department of Education Appropriations Overview
(dollars in billions)
Funding
FY2011
Comparable
FY2012
Request
FY2012 House
(H.R. 3070)
FY2012
Senate
(S. 1599)
FY2012
Enacted
Discretionary
68.3
77.4
65.9
68.4
68.2
Mandatorya
3.1
3.1
3.1
3.1
3.1
Total
71.4
80.5
69.1
71.5
71.3
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
52
U.S. Government Accountability Office, Federal Education Funding: Overview of K-12 and Early Childhood
Education Programs, GAO-10-51, January 2010, p. 1.
53
For more information on funding for student aid, visit http://trends.collegeboard.org/downloads/student_aid/PDF/
Trends_in_Student_Aid_2011_Total_Aid_Adjusted_for_Inflation.pdf.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
amounts do not include direct appropriations that occur outside of appropriations bills. Where appropriate,
FY2011 figures reflect the 0.2% across-the-board rescission included in the final FY2011 CR (P.L. 112-10).
FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board rescission required
by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
a.
A single appropriated mandatory ED program is included in the L-HHS-ED bill, the Vocational Rehabilitation
State Grants program.
FY2012 ED Discretionary Highlights
The discussion that follows focuses on some ED highlights from the final FY2012 appropriations
law (P.L. 112-74), the FY2012 President’s Budget54 request, as well as the House-introduced
(H.R. 3070) and Senate Appropriations Committee-reported (S. 1599, S.Rept. 112-84) FY2012 LHHS-Ed bills. In addition, differences between these bills and FY2011 funding are discussed.55
(See Table 10 for details.)
As in FY2011, the President’s FY2012 Budget proposed a significant reorganization of
Elementary and Secondary Education Act (ESEA) programs that would have consolidated many
separate authorities into larger programs as part of a reauthorization of the ESEA.56 As a result,
several ESEA program titles in the President’s FY2012 budget request do not match current
program titles,57 and as a consequence, some of the President’s budget request is not directly
comparable to the final FY2012 appropriations law, the House-introduced bill, and the Senate
Committee-reported bill. Where comparable it is included in the discussion that follows.
Discretionary programs that would have received a funding increase of $30 million or more in
President’s budget include Education for the Disadvantaged State Grants, School Improvement
Grants, Promise Neighborhoods; Individuals with Disabilities Education Act (IDEA) Part B
grants to states; Student Aid Administration, and the Institute for Education Sciences. The 21st
54
For a full list of ED proposals from the FY2012 President’s Budget, see FY2012 budget documents prepared by ED
and the Office of Management and Budget. ED budget materials can be found at http://www2.ed.gov/about/overview/
budget/budget12/justifications/index.html. OMB budget materials can be found online at http://www.whitehouse.gov/
omb/budget.
55
It is important to note that the FY2011 final Continuing Resolution zeroed out many education programs, and cut
funding for many others. Some of the larger programs (FY2010 funding > $10 million) zeroed out in the FY2011 CR
include Striving Readers (ESEA I-E. §1502); Even Start (ESEA I-B-3); Literacy through School Libraries (ESEA I-B4); Educational Technology State Grants (ESEA II-D-1 and 2); National Writing Project (ESEA II-C-2); Advanced
Credentialing (ESEA §2151(c)); Teach for America (Higher Education Act (HEA) VIII-F); Reading is Fundamental
(ESEA V-D, subpart 1); Parental Information and Resource Centers (ESEA V-D, subpart 16); We the People (ESEA
II-Part C-3, §2344): Vocational Rehabilitation—Projects with Industry (Rehabilitation Act V-A); Tech Prep State
Grants (Title II-Carl D Perkins Career and Technical Act programs); Smaller Learning Communities (ESEA V-D,
subpart 4); State Grants for Workplace and Community Transition Training for Incarcerated Individuals (Higher
Education Amendments of 1998, VIII-D); Leveraging Educational Assistance Partnerships (HEA IV-A-4); and Byrd
Honors Scholarships (HEA IV-A-6).
56
The additional new larger programs proposed for FY2012 include Effective Teaching and Learning: Literacy;
Effective Teaching and Learning: Science, Technology, Engineering, and Mathematics; Effective Teaching and
Learning for a Well-Rounded Education; College Pathways and Accelerated Learning; Effective Teachers and Leaders
State Grants; Teacher and Leaders Innovation Fund; Teacher and Leader Pathways; Expanding Educational Options;
and Successful, Safe and Healthy Students. For more information on proposed consolidations, and the Administration’s
proposal for reauthorizing the ESEA, see CRS Report R41355, Administration’s Proposal to Reauthorize the
Elementary and Secondary Education Act: Comparison to Current Law, by (name redacted) et al. Since
reauthorization of the ESEA was not completed, ED subsequently issued an appropriations table based on current law
and program titles.
57
These FY2012 proposals are identified as “(NEW)” in Table 10.
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Labor, Health and Human Services, and Education: FY2012 Appropriations
Century Community Learning Centers program would have received an increase in funding of
$100 million, but with an expanded mission to include extended learning time programs. The
final FY2012 appropriations law provided increased funding for four of these programs—
Education for the Disadvantaged State Grants, Promise Neighborhoods, the Individuals with
Disabilities Education Act Part B grants to states, and Student Aid Administration. The 21st CCLC
program received level funding in FY2012. (See Table 10.)
The President’s Budget recommended an increase in FY2012 funding for two programs initially
authorized by the American Recovery and Reinvestment Act (P.L. 111-5) in FY2009; it would
have funded Race to the Top at $900 million, and Investing in Innovation at $300 million. Race to
the Top and Investing in Innovation were funded at $699 million and $150 million, respectively,
in FY2011. The Senate Appropriations Committee-reported bill would have continued funding at
the FY2011 level for both programs in FY2012, the House-introduced bill would have provided
no funding for either program. The final FY2012 appropriations law provided $550 million for
Race to the Top, and $150 million for the Investing in Innovation Fund.
The three ED programs that received the largest cuts in funding in the final FY2012
appropriations law compared to FY2011 were Race to the Top (-$150 million), the Teacher
Incentive Fund (-$99 million), and Safe Schools and Citizenship–National Programs (-$54
million). In addition, the final FY2012 appropriations law eliminated funding for several
programs that were funded in FY2011, including Foreign Language Assistance, Teaching of
Traditional American History, Voluntary Public School Choice, Alcohol Abuse Reduction,
Construction funding for the National Technical Institute for the Deaf, the Institute for
International Public Policy, Javits Fellowships, and Building Modernization under Departmental
Management.
All of the largest ESEA programs dedicated primarily to literacy—including Striving Readers,
Even Start, and Literacy through School Libraries, received no funding in FY2011. The FY2012
President’s Budget requested $383 million for a new comprehensive preschool-grade 12 literacy
initiative and the Senate Appropriations Committee-reported bill would have provided $183
million for a comprehensive Striving Readers program. The House-introduced bill did not
propose any FY2012 funding for a dedicated literacy program. The final FY2012 appropriations
law provided $160 million for the Striving Readers program.
The final FY2011 CR included language directing the Administration to set aside an unspecified
portion of the Race to the Top (RTT) appropriation for competitive grants to improve early
childhood care and education (“early learning challenge” grants). The Administration ultimately
reserved $500 million for these RTT-Early Learning Challenge grants in FY2011. The FY2012 LHHS-ED bill introduced in the House provided no funding for RTT (or its early learning
component), but the report language for the both the Senate bill (S.Rept. 112-84) and the final
FY2012 appropriations law (H.Rept. 112-331) specifies that the FY2012 RTT program should
include a robust early learning component.
Under the FY2012 President’s Budget, discretionary funding for Pell Grants would have been
increased from almost $23 billion in FY2011 to $28.6 billion in FY2012. The President’s Budget
also included proposals to reduce costs in the Pell Grant program, as well as the William D. Ford
Direct Loan (DL) Program, while redirecting the mandatory funding from these savings for future
use in the Pell Grant program. One of these proposals, the elimination of a provision that allowed
an eligible student to receive up to two Pell Grant awards in one award year, was enacted in the
final FY2011 CR. This change effectively reduces the need for discretionary funding in FY2012
Congressional Research Service
34
Labor, Health and Human Services, and Education: FY2012 Appropriations
by approximately $3.2 billion. Another proposal, the elimination of the availability of Subsidized
Stafford Loans to graduate and professional students, was ultimately enacted in the BCA,
effectively reducing the need for discretionary funding in FY2012 by an additional $10 billion.
The final FY2012 appropriations law provides $22.8 billion in discretionary funding for the
Federal Pell Grant program.58 The discretionary base maximum award for award year59 (AY)
2012-13 will be $4,860, and the total maximum award for which a student is eligible in AY201213 will be $5,550. These amounts are unchanged from the previous award year. Notably, the
FY2012 appropriations law exempts Pell Grant funding from the across-the-board rescission of
0.189% (this rescission does apply to other federal student aid programs). The FY2012
appropriations law also includes several policy provisions that make changes to the Student Loan
and Pell Grant programs (see box).60
Policy Changes to Federal Student Aid Programs in the FY2012 Appropriations Law
P.L. 112-74 makes a number of changes to federal student aid programs in the Higher Education Act of 1965, as
amended (HEA; P.L. 89-329).
Changes that are specific to the eligibility criteria and award rules for the Pell Grant program include the following:
•
Effective July 1, 2012, the qualifying minimum Pell Grant award will now equal 10% of the total maximum Pell
Grant. Until then, students qualify at the 5% level and automatically receive an additional 5% in Pell aid.
•
Effective July 1, 2012, the cumulative lifetime eligibility for Pell Grant aid will be reduced from 18 semesters to 12
semesters. Eligibility will continue to be based on the current full-time-equivalent basis. Any Pell aid received
prior to July 1, 2012 will count towards a student’s lifetime limit as of July 1, 2012.
Changes that are specific to the student loan programs under the DL program and Federal Family Education Loan
(FFEL) program include the following:
•
Interest subsidies during the 6-month post-enrollment grace period on Subsidized Stafford Loans disbursed to
undergraduate students between July 1, 2012 and June 30, 2014 are eliminated.61
•
Holders of FFEL program loans are authorized a one-time opportunity to accept a change in the index used for
determining special allowance payments (SAP) from the 3-month Commercial Paper (CP) rate to the 1-month
London Interbank Offering Rate (LIBOR).62
The following change will affect eligibility for need-based federal student aid (e.g., Pell Grants, Subsidized Stafford
Loans, etc.):
•
Effective July 1, 2012, the income threshold63 for determining whether certain students are eligible to receive an
automatic zero expected family contribution (EFC) will change from $31,000 to $23,000. Future threshold levels
will continue to be indexed to inflation.
The following change will affect eligibility for most federal student aid programs64 under Title IV of the HEA:
•
Students who pass an ability-to-benefit test or complete six credit hours of postsecondary work will no longer
be eligible for federal student aid. Only students who have a high school diploma, or the recognized equivalent,
as well as students who complete a secondary education in a qualified home setting will be eligible for federal
student aid. Only students who first enroll on or after July 1, 2012 will be affected by this change.
58
The law also includes several policy provisions (see box) related to federal student aid programs and redirects a
portion of the estimated mandatory savings from these provisions toward general use in the Pell Grant program ($3.1
billion from FY2012 to FY2021, of which $612 million is available beginning in FY2012).
59
The Pell Grant award year begins July 1 of each year and ends June 30 of the subsequent year. For example,
AY2012-13 begins on July 1, 2012 and ends June 30, 2012.
60
For details, see CRS Report R41437, Federal Pell Grant Program of the Higher Education Act: Background, Recent
Changes, and Current Legislative Issues, by (name redacted).
61
For additional information on the federal student loans made through the DL program, see CRS Report R40122,
(continued...)
Congressional Research Service
35
Labor, Health and Human Services, and Education: FY2012 Appropriations
Detailed ED Appropriations Table
Table 10 shows the appropriations details for the offices and major programs at ED.
Table 10. Detailed Department of Education Appropriations
(dollars in millions)
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
15,536
16,224
15,949
15,715
15,751
14,463
14,492
15,463
14,463
14,523
0
300
0
0
0
School Improvement Grants
535
600
0
535
535
Early Learning Challenge Funda
0
350
0
0
0
Striving Readers
0
0
0
183
160
Migrant State Grants
394
395
394
394
394
Neglected and Delinquent
50
50
50
50
50
Evaluation
8
0
5
4
3
High School Graduation Initiative
49
0
0
49
49
Special Programs for Migrant Students
37
37
37
37
37
Impact Aid
1,274
1,276
1,309
1,274
1,294
School Improvement Programs
4,597
2,997
4,332
4,570
4,550
Effective Teaching and Learning: Literacy
(NEW)
0
383
0
0
0
Effective Teaching and Learning: STEM
(NEW)
0
206
0
0
0
Effective Teaching and Learning for a WellRounded Education (NEW)
0
246
0
0
0
College Pathways (NEW)
0
86
0
0
0
Agency or Selected Program
Education for the Disadvantaged
Grants to LEAs
Title I Rewards (NEW)
FY2012
Senate
(S. 1599)
FY2012
Enacted
(...continued)
Federal Student Loans Made Under the Federal Family Education Loan Program and the William D. Ford Federal
Direct Loan Program: Terms and Conditions for Borrowers, by (name redacted).
62
The special allowance payment (SAP) is a market-indexed loan subsidy payment that is made by the government and
is designed to compensate lenders for the difference between the statutorily set interest rate paid by borrowers and a
different statutorily set interest rate for lenders. The change offers holders of FFEL program loans a one-time
opportunity to have the index used in determining SAP rates more closely align with the indices on which their shortterm borrowing costs are often based.
63
For tax filers, this threshold is based on the adjusted gross income (AGI) amount. For non-tax-filers, the threshold is
based on earned income. Note that only certain students are eligible to receive an automatic zero EFC and additional
requirements other than the income threshold must be met.
64
Eligibility for the following currently funded federal student aid programs under Title IV of the HEA will be affected
by this change: Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOG), Federal Work-Study
earnings, the William D. Ford Federal Direct Loan Program, and the Federal Perkins Loan Program.
Congressional Research Service
36
Labor, Health and Human Services, and Education: FY2012 Appropriations
Agency or Selected Program
FY2011
Comparable
FY2012
House
(H.R. 3070)
FY2012
Request
FY2012
Senate
(S. 1599)
FY2012
Enacted
Teacher Quality State Grants
2,468
0
2,443
2,468
2,468
Math and Science Partnerships
175
0
0
175
150
Supplemental Education Grants (Comp. Free
Assoc)
18
18
18
18
18
21st Century Community Learning Centers
1,154
1,266
1,154
1,154
1,154
State Assessments
390
420
390
390
390
Foreign Language Assistance
27
0
0
0
0
Education for Homeless Children and Youth
65
65
65
65
65
Training and Advisory Services
7
7
7
7
7
Education for Native Hawaiians
34
34
20
34
34
Alaska Native Education Equity
33
33
27
33
33
Rural Education
175
175
200
175
180
Comprehensive Centers
51
56
8
51
51
127
127
132
128
131
1,856
4,995
821
1,740
1,530
Race to the Top
699
900
0
699
550
Investing in Innovation Fund
150
300
0
150
150
Effective Teachers and Leaders State Grants
(NEW)
0
2,500
0
0
0
Teacher and Leader Innovation Fund (NEW)
0
500
0
0
0
Teacher and Leader Pathways (NEW)
0
250
0
0
0
Expanding Educational Options (NEW)
0
372
0
0
0
Transition to Teaching
41
0
41
20
26
Teaching of Traditional US History
46
0
0
46
0
School Leadership
29
0
0
29
29
Charter School Grants
256
0
256
256
256
Voluntary Public School Choice
26
0
26
0
0
Magnet Schools Assistance
100
110
100
100
100
Fund for the Improvement of Education
41
63b
0
71
66
Teacher Incentive Fund
399
0
399
300
300
Ready to Learn Television
27
0
0
27
27
Advanced Placement
43
0
0
43
27
Safe Schools and Citizenship Education
288
515
65
270
256
Successful, Safe and Healthy Students
(NEW)
0
365
0
0
0
Promise Neighborhoods
30
150
0
60
60
National Programs
119
0
65
79
65
Indian Education
Innovation and Improvement
Congressional Research Service
37
Labor, Health and Human Services, and Education: FY2012 Appropriations
Agency or Selected Program
FY2011
Comparable
FY2012
House
(H.R. 3070)
FY2012
Request
FY2012
Senate
(S. 1599)
FY2012
Enacted
Alcohol Abuse Reduction
7
0
0
0
0
Elem/Sec School Counseling
52
0
0
52
52
Carol M. White PE Program
79
0
0
79
79
Civic Education
1
0
0
0
0
734
750
734
734
734
12,543
12,861
13,758
12,553
12,647
11,482
11,705
12,705
11,482
11,582
Preschool Grants
373
374
373
373
373
Grants for Infants and Families
439
489
439
444
444
IDEA State Grants, total
12,294
12,569
13,517
12,299
12,399
249
258
241
250
246c
Mentoring for Individuals with Disabilities
0
5
0
0
0
Promise Program (NEW)
0
30
0
4
2
Rehabilitation Services and Disability
Research
3,475
3,541
3,523
3,512
3,512
Vocational Rehabilitation State Grants
(mandatory)
3,085
3,122
3,141
3,122
3,122
Discretionary Voc Rehabilitation State
Grants (discretionary)
0
19
0
0
0
Client Assistance State Grants
12
12
12
12
12
Training
36
33
36
36
36
Demonstration and Training Programs
6
0
0
6
5
Migrant and Seasonal Farmworkers
2
0
0
2
1
Protection and Advocacy of Individual Rights
18
18
18
18
18
Supported Employment State Grants
29
0
29
29
29
Independent Living Programs—Total
138
138
138
138
138
Access Through Cloud Computing (NEW)
0
10
0
0
0
National Activities to Improve Rehab
Services (NEW)
0
8
0
0
0
Workforce Innovation Fund (NEW)
0
30
0
0
0
Helen Keller National Center for Deaf/Blind
Youth and Adults
9
9
9
9
9
National Institute on Disability and Rehab
Research
109
110
109
109
109
Assistive Technology
31
31
31
31
33
213
208
213
216
216
25
25
25
25
25
English Language Acquisition State Grants
Special Education
Grants to States, Part B
IDEA National Activitiesc
Special Institutions for Persons w/
Disabilities
American Printing House for the Blind
Congressional Research Service
38
Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
National Technical Institute for the Deaf
66
65
66
66
66
Gallaudet University
123
118
123
126
126
Career and Adult Education
1,739
1,683
1,739
1,739
1,739
Basic State Grants
1,124
1,000
1,124
1,124
1,124
National Programs
8
8
8
8
8
1,132
1,008
1,132
1,132
1,132
Adult Education State Grants
596
635
596
596
596
Adult Education: National Programs
11
23
11
11
11
Adult Education Subtotal
607
658
607
607
607
State Grants for Incarcerated Youth
Offenders
0
17
0
0
0
Student Financial Assistance
24,671
30,338
22,368
24,671
24,539
Pell maximum grant (non-add)
(4,860)
(4,860)
(4,860)
(4,860)
(4,860)
Pell Grants
22,956
28,600
20,653
22,956
22,824
Federal Supplemental Opportunity Grants
736
757
736
736
736
Federal Work Study
979
980
979
979
979
Student Aid Administration
992
1,095
992
1,045
1,045
1,904
2,240
1,628
1,904
1,873
Aid for Institutional Development
552
603
324
552
532
International Education and Foreign
Language
76
126
67
76
74
Fund for the Improvement of Postsecondary
Education (FIPSE)
20
150
0
20
4
Postsecondary Programs for Students with
Intellectual Disabilities
11
0
0
11
11
Minority Science and Engineering
9
10
9
9
9
Tribally Controlled Postsecondary Voc.
Tech.
8
8
8
8
8
TRIO
827
920
827
827
842
GEAR UP
303
323
303
303
303
Javits Fellowships
8
0
0
8
0
Graduate Assistance in Areas of National
Need
31
41
31
31
31
Teacher Quality Enhancement Grants
43
0
43
43
43
Child Care Access
16
16
16
16
16
GPRA data
1
1
1
1
1
Thurgood Marshall Legal Education (NEW)
0
3
0
0
0
Hawkins Centers of Excellence (NEW)
0
40
0
0
0
Agency or Selected Program
Career Education, subtotal
Higher Education
Congressional Research Service
FY2012
Senate
(S. 1599)
FY2012
Enacted
39
Labor, Health and Human Services, and Education: FY2012 Appropriations
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
235
235
235
235
235
College Housing & Academic Facilities
Loansd
0
0
0
0
0
HBCU Capital Financing Program
21
21
21
21
21
Institute of Education Sciences
609
760
621
610
595
Departmental Management
618
654
613
612
610
Total, ED Mandatory & Discretionary BA
in the Bill
71,430
80,522
69,051
71,547
71,277
Subtotal, ED Mandatory BA in the Bill
3,085
3,122
3,141
3,122
3,122
Subtotal, ED Discretionary BA in the
Bill
68,345
77,400
65,910
68,426
68,155
Total, BA Available in the Fiscal Year (current
year from any bill)
71,409
80,522
66,613
71,547
70,586
Total, Advances for Future Years (provided in
the current bill)
21,906
21,906
24,344
21,906
22,597
Total, Advances from Prior Years (for use in the
current year)
21,885
21,906
21,906
21,906
21,906
Agency or Selected Program
Howard University
FY2012
Senate
(S. 1599)
FY2012
Enacted
Memoranda
Sources: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
These numbers differ from the Department’s totals because the Department calculates them somewhat
differently than the appropriations committees. See the opening section of this report for further explanation of
adjustments and exclusions.
Note: BA = Budget Authority. Details may not add to totals due to rounding. Amounts reflect only those
provided (or requested) for agencies and accounts subject to the jurisdiction of the Labor, HHS, Education, and
Related Agencies Subcommittees of the House and Senate Committees on Appropriations. Amounts reflect total
budget authority provided in the bill, not total funding available for the current year. Mandatory amounts do not
include direct appropriations that occurred outside of appropriations bills. Totals in this table have not been
adjusted for scorekeeping. Non-add amounts are displayed in italics and parentheses; these amounts are not part
of the appropriations totals. FY2011 amounts reflect the 0.2% across-the-board rescission included in the final
FY2011 CR (P.L. 112-10). FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-theboard rescission required by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
ED has proposed restructuring many elementary and secondary education programs; as a consequence the
proposed program structure is not consistent with the current ESEA program structure. New programs
proposed in the FY2012 request are identified as “(NEW)”.
a.
While the Early Learning Challenge Fund program received funding through the Race to the Top program in
FY2011, the President’s proposal to fund it as a free-standing program in FY2012 was not adopted.
b.
This total includes $50 million for a proposed new program titled: Advanced Research Project.
c.
Beginning with FY2012, the House Appropriations Committee no longer reported funding for Special
Olympics, separately. It is now included under IDEA National Activities. For consistency, funding for Special
Olympics has been included in IDEA National Activities for all years included in this table.
d.
The funding level for each entry for the College Housing and Academic Facilities Loans equals $460,000
(with the exception of the President’s budget request). The President’s budget request for the program was
$478,000. Both of these dollar amounts round to zero in the above table.
Congressional Research Service
40
Labor, Health and Human Services, and Education: FY2012 Appropriations
Related Agencies
Note that figures in this section are based on regular L-HHS-ED appropriations only; they do not
include funds provided outside the annual appropriations process (e.g., direct appropriations for
Old-Age and Survivors Insurance benefit payments by the Social Security Administration). All
amounts in this section are rounded to the nearest million or billion (as labeled). The dollar
changes and percent changes discussed in the text are based on unrounded amounts. Enacted
FY2012 amounts in the text and tables have not been adjusted to reflect the 0.189% across-theboard rescission required by Section 527 of Division F of P.L. 112-74 for most discretionary LHHS-ED accounts.
FY2012 Related Agencies Appropriations Overview
The annual FY2012 appropriations law provides $13.4 billion in discretionary funding for related
agencies included in L-HHS-ED appropriations. In addition, the Disaster Relief Appropriations
Act, 2012 (P.L. 112-77), provides $493 million in discretionary funding for the Social Security
Administration (one of the L-HHS-ED related agencies), for a combined FY2012 total of $13.9
billion in discretionary appropriations. This amount is $12 million (+0.1%) more than the
comparable FY2011 funding level of $13.8 billion and $1.3 billion (-8.7%) less than the FY2012
President’s request of $15.2 billion. (See Table 11.)
Table 11. Related Agencies Appropriations Overview
(dollars in billions)
Funding
FY2011
Comparable
FY2012
Request
FY2012 House
(H.R. 3070)
FY2012 Senate
(S. 1599)
FY2012
Enacteda
Discretionary
13.8
15.2
13.2
14.1
13.9
Mandatory
49.9
52.5
52.4
52.5
52.4
Total
63.8
67.6
65.6
66.6
66.3
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft
table from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070)
and Senate (S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070
online at http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.)
Amounts have been adjusted to include $483 million in supplemental funds for the Social Security Administration
provided by P.L. 112-77.
Notes: Totals do not reflect scorekeeping or other adjustments, and may not sum due to rounding. Amounts
reflect total budget authority provided in the bill, not total funding available for the current year. Mandatory
amounts do not include direct appropriations that occur outside of appropriations bills. Where appropriate,
FY2011 figures reflect the 0.2% across-the-board rescission included in the final FY2011 CR (P.L. 112-10).
FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board rescission required
by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
a.
FY2012 enacted includes appropriations in the FY2012 annual appropriations law (P.L. 112-74) and an
FY2012 disaster relief supplemental appropriations law (P.L. 112-77) for SSA program integrity activities.
P.L. 112-77 specifies that this appropriation “shall be treated for such purposes as being included under this
heading in the Departments of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, or any continuing appropriation Act, for fiscal year 2012.”
Congressional Research Service
41
Labor, Health and Human Services, and Education: FY2012 Appropriations
In general, the largest share of funding appropriated to related agencies in the L-HHS-ED bill
goes to the Social Security Administration (SSA).65 When taking into account both mandatory
and discretionary funding, the SSA accounts for 97% of the entire related agencies appropriation
in FY2012 ($64 billion) and 96% of the appropriation in FY2011 ($61.4 billion). The bulk of
mandatory SSA funding from the L-HHS-ED bill supports the Supplemental Security Income
program ($52.4 billion in FY2012; $49.9 billion in FY2011). When looking exclusively at
discretionary funding, the SSA remains the largest component of the related agencies
appropriation, constituting roughly 83% of discretionary funds in the FY2012 ($11.5 billion) and
FY2011 ($11.5 billion). The majority of discretionary SSA funding covers administrative
expenses for Social Security, SSI, and Medicare.66
After the SSA, the next largest agency of the related agencies appropriation is the Corporation for
National and Community Service (CNCS), which constitutes roughly 2% of all funding and 8%
of discretionary funding in FY2012 ($1.1 billion) and FY2011 ($1.1 billion). Typically, each of
the remaining related agencies receives less than $1 billion from the annual L-HHS-ED
appropriations bill.
FY2012 Related Agencies Discretionary Highlights
The following are some highlights for related agencies from the FY2012 annual appropriations
law (P.L. 112-74), as supplemented by the FY2012 disaster relief appropriations law (P.L. 11277), compared to comparable FY2011 funding levels and proposed funding levels for FY2012
from the President’s Budget.67 (See Table 12 for details.)
•
The House version of the L-HHS-ED appropriations bill would have eliminated
funding for a number of Corporations for National and Community Service
(CNCS) programs, such as Volunteers in Service to America (VISTA) and
AmeriCorps State Grants and would have reduced overall CNCS funding for
FY2012 by 75% from the FY2011 level. The final L-HHS-ED appropriations
bill, however, includes funding for all but one CNCS program. The Learn and
Serve America program, which did not receive funding in FY2011, does not
receive any funding in the FY2012 L-HHS-ED bill.
•
The House bill would have also eliminated funding for the Corporation for Public
Broadcasting. The final FY2012 appropriations law provides the CPB with $445
million in two-year advance funding, the same amount it received in FY2011, but
less than the President’s request of $451 million. However, the final law provides
no funding for CBP’s digitization program, which is a cut of $6 million from
FY2011 and the FY2012 President’s Budget.
65
For additional information on the SSA budget, see CRS Report R41716, Social Security Administration (SSA):
Budget Issues, by Scott Szymendera.
66
The SSA assists HHS in administering portions of the federal Medicare program. For more information on this, see
Social Security Administration, Justifications of Estimates for Appropriations Committees, Fiscal Year 2012, February
2011, http://www.ssa.gov/budget/2012FullJustification.pdf.
67
For a full list of related agencies’ proposals from the President’s Budget, see FY2012 budget documents prepared by
each individual agency or by the Office of Management and Budget (OMB) online at http://www.whitehouse.gov/omb/
budget.
Congressional Research Service
42
Labor, Health and Human Services, and Education: FY2012 Appropriations
•
The Social Security Administration (SSA) will have approximately the same
amount to administer its programs and maintain the integrity of the Social
Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
programs in FY2012 as it did in FY2011. The FY2012 annual appropriations law
(P.L. 112-74) provides $11.0 billion for Limitation on Administrative Expenses
and program integrity activities. The Disaster Relief Appropriations Act, 2012
(P.L. 112-77) provides an additional $483 million to the SSA for program
integrity activities in FY2012 bringing the total to $11.4 billion, approximately
the same funding level as FY2011. Note that all of this funding, regardless of the
bill by which it is appropriated, is expected to be subject to the 0.189% acrossthe-board rescission of discretionary appropriations required by Section 527 of
Division F of P.L. 112-74.68
•
The National Healthcare Workforce Commission was created by the Patient
Protection and Affordable Care Act (P.L. 111-148) and its members were
appointed by the Comptroller General on September 30, 2010. The President
requested $3 million for the commission, but no funding is provided in the LHHS-ED appropriations bill for FY2012.
•
The L-HHS-ED bill contains a policy provision prohibiting the National Labor
Relations Board (NLRB) from using any appropriated funds to issue any new
directive or regulation to provide employees with the means to vote
electronically for collective bargaining representation.
Detailed Related Agencies Appropriations Table
Table 12 shows the appropriations details for offices and major programs of the L-HHS-ED
Related Agencies.
Table 12. Detailed Related Agencies Appropriations
(dollars in millions)
Agency or Selected Program
Committee for Purchase from People Who Are Blind or
Severely Disabled
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
FY2012
Senate
(S. 1599)
FY2012
Enacteda
5
6
5
5
5
1,076
1,258
280
1,093
1,051
Volunteers in Service to America (VISTA)
99
100
0
99
95
National Senior Volunteer Corps
208
226
208
208
208
AmeriCorps State and National Grants
347
400
0
347
345
National Civilian Community Corps
29
35
0
32
32
Corporation for National and Community Service (CNCS)
Selected CNCS Programs/Initiatives:
68
The FY2012 disaster relief appropriations law (P.L. 112-77) specifies that the SSA appropriation of $483 million
“shall be treated for such purposes as being included under this heading in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, or any continuing appropriation Act, for
fiscal year 2012.”
Congressional Research Service
43
Labor, Health and Human Services, and Education: FY2012 Appropriations
Agency or Selected Program
FY2011
Comparable
FY2012
Request
FY2012
House
(H.R. 3070)
FY2012
Senate
(S. 1599)
FY2012
Enacteda
Learn and Serve America
0
40
0
0
0
National Service Trust
201
235
0
215
212
451
457
0
451
451
445
451
0
445
445
6
6
0
6
0
Federal Mediation and Conciliation Service
47
48
46
47
46
Federal Mine Safety and Health Review Commission
10
22
22
17
18
Institute of Museum and Library Services (IMLS)
237
243
226
237
232
Medicare Payment Advisory Commission (MedPAC)
12
13
11
12
12
Medicaid and CHIP Payment and Access Commission
(MACPAC)
0b
11
5
11
6
National Council on Disability
3
3
3
3
3
National Healthcare Workforce Commissionc
0
3
0
3
0
National Labor Relations Board (NLRB)
283
288
234
283
279
National Mediation Board
13
14
13
13
13
Occupational Safety and Health Review Commission
12
13
12
12
12
Railroad Retirement Board (RRB)d
171
171
168
166
166
61,437
65,089
64,587
64,194
63,999
21
20
20
20
20
Supplemental Security Income (SSI) (mandatory)
49,890
52,439
52,418
52,439
52,409
SSI Administrative Expenses (discretionary)
3,486
3,844
3,844
3,684
3,374
Limitation on Administrative Expenses (including user fee activities)
10,667
11,584
11,145
11,009
10,710
Program Integrityf
756
938
896
623
757
Office of Inspector General
102
107
107
102
102
63,758
67,638
65,613
66,548
66,288
Subtotal, Related Agencies Mandatory BA in the Bill
49,911
52,460
52,439
52,460
52,430
Subtotal, Related Agencies Discretionary BA in the Bill
13,847
15,178
13,174
14,088
13,859
Total, BA Available in the Fiscal Year (current year from any bill)
66,343
62,832
61,258
61,748
61,488
Total, Advances for Future Years (provided in the current bill)
13,400
18,200
18,200
18,200
18,200
Total, Advances from Prior Years (for use in the current year)
445
451
0
445
445
Corporation for Public Broadcasting (CPB)
CPB, two-year advance (FY2014 from FY2012 PB; FY2013 from
FY2011 CR)
CPB Digitalization Program
Social Security Administration (SSA)e
Payments to Social Security Trust Funds (mandatory)
Total, Related Agencies Mand. & Disc. BA in the Bill
Memoranda
Source: Amounts are based on the conference report (H.Rept. 112-331) accompanying P.L. 112-74 and a draft table
from the House Committee on Appropriations (December 20, 2011), which reflects House (H.R. 3070) and Senate
(S. 1599, S.Rept. 112-84) actions for FY2012. (The House released a detailed table for H.R. 3070 online at
http://appropriations.house.gov/UploadedFiles/FY12LH_Detail_SC_10_Rev_with_comparable.pdf.) Amounts have
been adjusted to include $483 million in supplemental funds for the Social Security Administration provided by P.L.
112-77.
Congressional Research Service
44
Labor, Health and Human Services, and Education: FY2012 Appropriations
Note: BA = Budget Authority. Details may not add to totals due to rounding. Amounts reflect only those provided
(or requested) for agencies and accounts subject to the jurisdiction of the Labor, HHS, Education, and Related
Agencies Subcommittees of the House and Senate Committees on Appropriations. Amounts reflect total budget
authority provided in the bill, not total funding available for the current year. Mandatory amounts do not include
direct appropriations that occurred outside of appropriations bills. Totals in this table have not been adjusted for
scorekeeping. FY2011 amounts reflect the 0.2% across-the-board rescission included in the final FY2011 CR (P.L. 11210). FY2012 enacted amounts have not yet been adjusted to reflect the 0.189% across-the-board rescission required
by Section 527 of Division F of P.L. 112-74 for most discretionary L-HHS-ED accounts.
a.
FY2012 enacted includes appropriations in the FY2012 annual appropriations law (P.L. 112-74) and an
FY2012 disaster relief supplemental appropriations law (P.L. 112-77) for SSA program integrity activities.
P.L. 112-77 specifies that this appropriation “shall be treated for such purposes as being included under this
heading in the Departments of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, or any continuing appropriation Act, for fiscal year 2012.”
b.
The Patient Protection and Affordable Care Act (P.L. 111-148) provided $11 million for MACPAC for
FY2010, with the funds remaining “available until expended.”
c.
The National Healthcare Workforce Commission was created by the Patient Protection and Affordable
Care Act (P.L. 111-148) and its members were appointed by the Comptroller General on September 30,
2010.
d.
Totals include $150,000 in mandatory funding in each column.
e.
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. SSA lines in this table do not sum to the total, which has been adjusted to
reflect an estimated adjustment for trust fund transfers from general revenues (not shown here).
f.
Program Integrity includes program integrity funds provided as part of the Base Limitation on Administrative
Expenses (LAE), but not otherwise included in the category Base LAE in this table.
Author Contact Information
(name redacted), Coordinator
Specialist in Social Policy
#redacted#@crs.loc.gov, 7-....
(name redacted)
Analyst in Biomedical Policy
#redacted#@crs.loc.gov, 7-....
(name redacted)
Specialist in Labor Economics
#redacted#@crs.loc.gov, 7-....
Scott Szymendera
Analyst in Disability Policy
#redacted#@crs.loc.gov, 7-....
(name redacted)
Specialist in Social Policy
#redacted#@crs.loc.gov, 7-....
Acknowledgments
The authors are grateful to (name redacted), who provided thoughtful review and comments.
Congressional Research Service
45
Labor, Health and Human Services, and Education: FY2012 Appropriations
Key Policy Staff
Area of Expertise
Name
L-HHS-ED Appropriations Coordinator
(name redacted)
Phone
7-....
/redacted/@crs.loc.gov
Department of Labor (DOL)
DOL appropriations coordinator
(name redacted)
7-....
/redacted/@crs.loc.gov
Job training and employment services
(name redacted)
7-....
/redacted/@crs.loc.gov
Mine Safety and Health Administration
Scott Szymendera
7-....
/redacted/@crs.loc.gov
Occupational Safety and Health
Administration
Scott Szymendera
7-....
/redacted/@crs.loc.gov
Office of Workers’ Compensation Programs
Scott Szymendera
7-....
/redacted/@crs.loc.gov
Older Americans Act, employment programs
(name redacted)
(name redacted)
7-....
7-....
Pension and welfare benefits
(name redacted)
7-....
/redacted/@crs.loc.gov
Trade adjustment assistance
(name redacted)
7-....
/redacted/@crs.loc.gov
Unemployment compensation
(name redacted)
(name redacted)
7-....
7-....
/redacted/@crs.loc.gov
/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)
(name redacted)
/redacted/@crs.loc.gov
/redacted/@crs.loc.gov
7-....
7-....
/redacted/@crs.loc.gov
/redacted/@crs.loc.gov
Department of Health and Human Services (HHS)
HHS appropriations co-coordinator
(name redacted)
HHS appropriations co-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)
(name redacted)
Chafee Foster Care Independence Program
7-....
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