# Labor, Health and Human Services, and Education: FY2012 Appropriations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR42010 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** February 9, 2012 - **Citation:** R42010 ## Text Labor, Health and Human Services, and Education: FY2012 Appropriations (name redacted), Coordinator Specialist in Social Policy (name redacted) Specialist in Labor Economics (name redacted) Specialist in Social Policy (name redacted) Analyst in Biomedical Policy Scott Szymendera Analyst in Disability Policy February 9, 2012 Congressional Research Service 7-.... www.crs.gov R42010 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 Congressional Research Service 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). Congressional Research Service 1 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.) Congressional Research Service 2 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. Congressional Research Service 3 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). Congressional Research Service 4 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. Congressional Research Service 5 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. Congressional Research Service 6 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 Congressional Research Service 7 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- Congressional Research Service 8 Labor, Health and Human Services, and Education: FY2012 Appropriations 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 Congressional Research Service 9 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 10 Labor, Health and Human Services, and Education: FY2012 Appropriations 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). Congressional Research Service 11 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. Congressional Research Service 12 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 13 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 14 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. Congressional Research Service 15 Labor, Health and Human Services, and Education: FY2012 Appropriations 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 Congressional Research Service 17 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. Congressional Research Service 18 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. Congressional Research Service 19 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 20 Labor, Health and Human Services, and Education: FY2012 Appropriations 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). Congressional Research Service 21 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 22 Labor, Health and Human Services, and Education: FY2012 Appropriations 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...) Congressional Research Service 23 Labor, Health and Human Services, and Education: FY2012 Appropriations 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/. Congressional Research Service 24 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). Congressional Research Service 25 Labor, Health and Human Services, and Education: FY2012 Appropriations 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. Congressional Research Service 26 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 Congressional Research Service 27 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) Congressional Research Service 28 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: Congressional Research Service 29 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. Congressional Research Service 30 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). Congressional Research Service 31 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. Congressional Research Service 32 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 (Ti [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR42010. Public record. Not legal advice.