Appropriations for FY2001: Labor, Health and Human Services, and Education

Congressional research reportJan 18, 2001

Ask Donna

What actually matters in this document.

Text

Order Code RL30503

Report for Congress

Received through the CRS Web

Appropriations for FY2001: Labor, Health and

Human Services, and Education

Updated January 18, 2001

Paul M. Irwin

Specialist in Social Legislation

Domestic Social Policy Division

Congressional Research Service ˜ The Library of Congress

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

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

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

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

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

authorizations.

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

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

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

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

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

covered and related CRS products.

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

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

NOTE: A Web version of this document with

active links is available to congressional staff at

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

Appropriations for FY2001: Labor, Health and Human

Services, and Education

Summary

This report tracks the enactment by the 106th Congress of the FY2001

appropriations for the Departments of Labor, Health and Human Services, and

Education, and Related Agencies (L-HHS-ED). This Act provides discretionary

funds for three federal departments and related agencies. The report summarizes

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

On February 7, 2000, the President submitted the FY2001 budget request to the

Congress. Following a series of 21 continuing resolutions, the President signed

H.R. 4577 into law, as P.L. 106-554, on December 21, 2001. The L-HHS-ED

“program level” funding was $97.2 billion in FY2000; for FY2001, $107.1 billion was

requested, and $109.3 billion is enacted. “Program level” means discretionary funds

from the current Act for any year. Comparable “current year” amounts are $85.5

billion, $106.1 billion, and $108.9 billion, respectively. “Current year” means

discretionary funds for this year from any Act. The FY2000 funding for L-HHS-ED

programs was enacted primarily through P.L. 106-113.

U.S. Department of Labor (DOL): DOL program level funding was $11.3

billion in FY2000, and $11.9 billion is enacted for FY2001; respective current year

amounts are $8.8 billion and $11.9 billion. Increases of at least $100 million are

provided for the Workforce Investment Act, State Unemployment Insurance and

Employment Service Operations, and Departmental Management.

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

level funding was $41.7 billion in FY2000, and $46.5 billion is enacted; respective

current year amounts are $40.3 billion and $48.8 billion. Increases of at least $100

million are provided for Community Health Centers, Health Professions, Ryan White

AIDS programs, Centers for Disease Control and Prevention, National Institutes of

Health, Substance Abuse and Mental Health Administration, Head Start, and the

Administration on Aging. Funding is reduced for the Low-Income Home Energy

Assistance Program, and the Child Care and Development Block Grant.

U.S. Department of Education (ED): ED program level funding was $35.6

billion in FY2000, and $42.1 billion is enacted; respective current year amounts are

$29.4 billion and $40.0 billion. Increases of at least $100 million are provided for

Education Technology, 21st Century Community Learning Centers, Title I Grants to

Local Educational Agencies, Eisenhower Professional Development, Class Size

Reduction, School Repair, Special Education, Pell Grants, and Aid for Institutional

Development. Funding is reduced for Goals 2000: Educate America Act.

Related Agencies: Program level funding for related agencies was $8.2 billion

in FY2000, and $8.8 billion is enacted; respective current year amounts are $8.1

billion and $8.7 billion. Increases of at least $100 million are provided for the

Supplemental Security Income program and for Administrative Expenses at the Social

Security Administration.

Key Policy Staff

Area of Expertise

Name

Coordinator

Paul M. Irwin

CRS

Division Telephone

DSP

7-7573

DSP

7-2323

7-7759

7-7756

7-7740

7-7329

7-7308

7-7352

7-7360

7-2587

7-7344

ALD

DSP

7-6190

7-5006

7-7077

7-7048

7-4618

7-7319

7-7367

7-4618

7-2260

DSP

7-7342

7-7048

7-4618

7-7367

7-1377

7-7359

7-7077

7-7048

7-7077

7-7329

7-4618

7-8913

7-2261

7-7304

7-7344

U.S. Department of Labor

Job training and employment services

Labor standards enforcement

Labor market information

Mine Safety and Health Administration

Occupational Safety and Health Administration

Older Americans Act, employment programs

Pension and Welfare Benefits Administration

Pension Benefit Guaranty Corporation

School-to-Work Opportunities Act

Trade Adjustment Assistance

Unemployment compensation

Welfare-to-Work

Ann Lordeman

William G. Whittaker

Linda Levine

Edward B. Rappaport

Carol O’Shaughnessy

James R. Storey

Richard N. Apling

Celinda Franco

Christine Devere

Gene Falk

U.S. Department of Health and Human Services

Abortion, legal issues

AIDS, Ryan White programs

Cancer research

Centers for Disease Control and Prevention

Child care

Child welfare

Family planning

Head Start

Health professions education and training

Immigration and refugee policy

Immunization

Low-Income Home Energy Assistance Program

Maternal and Child Health Block Grant

Medicaid

Medicare

Needle exchange

NIH, health research policy

Older Americans Act

Social Services Block Grant

State Children’s Health Insurance Program

Substance Abuse and Mental Health Services

Tobacco settlement

Welfare reform

Karen J. Lewis

Kenneth R. Thomas

Judith A. Johnson

Pamela W. Smith

Melinda Gish

Karen Spar

Sharon Kearney

Melinda Gish

Bernice

Reyes-Akinbileje

Ruth Wasem

Pamela W. Smith

Melinda Gish

Sharon Kearney

Elicia Herz

Jennifer O’Sullivan

Judith A. Johnson

Pamela W. Smith

Judith A. Johnson

Carol O’Shaughnessy

Melinda Gish

Evelyne Baumrucker

C. Stephen Redhead

Vee Burke

Gene Falk

Area of Expertise

Name

CRS

Division Telephone

U.S. Department of Education

Adult education and literacy

Bilingual education

ED-FLEX

Education block grants

Education of the Disadvantaged, Title I

Education technology

Impact Aid

National education goals, Goals 2000

Pell Grants

Reading Excellence Act

Rehabilitation Act

Safe and Drug-Free Schools and Communities

School facilities

School-to-Work Opportunities Act

Special education, IDEA

Student aid

Student loans

Teacher recruitment, preparation, and training

TRIO, GEAR UP

21st Century Community Learning Centers

Paul M. Irwin

Patricia Osorio-O’Dea

Wayne C. Riddle

Paul M. Irwin

Wayne C. Riddle

James B. Stedman

Patricia Osorio-O’Dea

Richard N. Apling

James B. Stedman

Margot A. Schenet

Gail McCallion

Carol O’Shaughnessy

Edith Fairman Cooper

Susan Boren

Richard N. Apling

Nancy Lee Jones

Margot A. Schenet

Adam Stoll

James B. Stedman

Gail McCallion

DSP

ALD

DSP

7-7573

7-2393

7-7382

7-7573

7-7382

7-7356

7-2393

7-7352

7-7356

7-7378

7-7758

7-7329

7-7019

7-6899

7-7352

7-6976

7-7378

7-4375

7-7356

7-7758

DSP

G&F

DSP

ALD

DSP

7-2323

7-7781

7-7758

7-7990

7-4271

7-7322

7-7316

7-4271

Related Agencies

Corporation for National and Community Service Ann Lordeman

Corporation for Public Broadcasting

Bernevia McCalip

Library services

Gail McCallion

National Labor Relations Board

Gail McCallion

National Labor Relations Board

Jon Shimabukuro

Railroad Retirement Board

Rachel W. Kelly

Social Security Administration

David S. Koitz

Social Security Administration

Geoffrey Kollmann

Supplemental Security Income

Rachel W. Kelly

Division abbreviations: ALD = American Law; DSP = Domestic Social Policy; G&F = Government

and Finance.

Contents

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

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

Summary and Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Program Level and Current Year Appropriations . . . . . . . . . . . . . . . . . . . . 3

Funding Changes Proposed by the President . . . . . . . . . . . . . . . . . . . . . . . 5

Presidential Veto Threat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

House Legislative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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

Public Law Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

302(a) and 302(b) Allocation Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Advance Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Major Funding Trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

For Additional Reading, Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

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

Other CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

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

U.S. Department of Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

U.S. Department of Health and Human Services . . . . . . . . . . . . . . . . . . . . . . . 23

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Abortion: A Perennial L-HHS-ED Issue . . . . . . . . . . . . . . . . . . . . . 27

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

U.S. Department of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Forward Funding and Advance Appropriations . . . . . . . . . . . . . . . . . 36

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

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

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

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

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

For Additional Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

CRS Issue Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Selected World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Detailed Appropriation Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

FY2001 Continuing Resolutions: P.L. 106-275, as Amended . . . . . . . . . 48

FY2000 Supplemental Appropriations, P.L. 106-246 (H.R. 4425) . . . . . . 49

FY2001 Budget Resolution, H.Con.Res. 290/S.Con.Res. 101 . . . . . . . . . 50

Appropriations in the 106th Congress, First Session . . . . . . . . . . . . . . . . . 51

Appendix A: Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Appendix B: Scope of the L-HHS-ED Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

List of Tables

Table 1. Legislative Status of Labor, Health and Human Services,

and Education Appropriations, FY2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Table 2. Summary of L-HHS-ED Appropriations . . . . . . . . . . . . . . . . . . . . . . . 4

Table 3. 302(b) Discretionary Allocations for L-HHS-ED Programs . . . . . . . . 13

Table 4. L-HHS-ED Discretionary Funding Trends From FY1996 . . . . . . . . . 15

Table 5. Department of Labor Discretionary Appropriations . . . . . . . . . . . . . . 17

Table 6. Detailed Department of Labor Appropriations . . . . . . . . . . . . . . . . . . 21

Table 7. U.S. Department of Health and Human Services

Discretionary Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Table 8. Detailed Department of Health and Human Services Appropriations . 30

Table 9. Department of Education Discretionary Appropriations . . . . . . . . . . . 32

Table 10. Detailed Department of Education Appropriations . . . . . . . . . . . . . . 39

Table 11. Related Agencies Discretionary Appropriations . . . . . . . . . . . . . . . . 41

Table 12. Detailed Related Agencies Appropriations . . . . . . . . . . . . . . . . . . . . 46

Table B.1. Scope of the L-HHS-ED Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Appropriations for FY2001: Labor, Health

and Human Services, and Education

Most Recent Developments

The provisions of H.R. 5656, the Departments of Labor, Health and Human

Services, and Education, and Related Agencies (L-HHS-ED) Appropriations Act,

2001, were enacted into law by cross reference in §1(a)(1) of H.R. 4577, the

Consolidated Appropriations Act, 2001, which was signed into law by the President

December 21, 2000, as P.L. 106-554.

Prior to the enactment of P.L. 106-554, a series of 21 continuing resolutions

provided interim FY2001 funding from October 1, 2000, to December 21, 2000. In

earlier action, the House passed H.R. 4577, the FY2001 bill for L-HHS-ED

appropriations on June 14, 2000, and the Senate passed an amendment to H.R. 4577

that included the provisions of S. 2553 on June 30, 2000. On April 13, 2000, the

House and Senate reached agreement on the FY2001 Budget Resolution, H.Con.Res.

290, setting the aggregate spending limits for FY2001 appropriations. The President

submitted the FY2001 budget request to the Congress on February 7, 2000.

Status

Table 1 tracks the key legislative steps that are necessary to enact the FY2001

L-HHS-ED Appropriations Act.

Table 1. Legislative Status of Labor, Health and Human

Services,

and Education Appropriations, FY2001

Subcommittee

markup

House

Senate

5/10/00 5/10/00

8-6

Conference

report approval

House

Report

House

passage

Senate

Report

Senate

passage

Conference

Report

H.R. 4577

S. 2553

H.Rept.

6/14/00

S.Rept.

106-645 217-214 a 106-293

29 - 22

28 - 0

6/30/00

52 - 43 b

12/15/00

H.Rept.

106-1033 c

House

Senate

Public law

12/15/00 12/15/00

292 - 60 d

uc e

P.L. 106554

12/21/00 f

Note: uc = unanimous consent.

The House began consideration of FY2001 L-HHS-ED Appropriations with passage of the rule,

H.Res. 518 (H.Rept. 106-657), that governed House floor debate on H.R. 4577 by a vote of 218-204

(roll call #247), June 8, 2000. Under the provisions of H.Res. 518, a similar rule, H.Res. 515

CRS-2

(H.Rept. 106-653), was laid on the table. For House consideration of H.Res. 518, see Congressional

Record, daily edition, June 8, 2000, p. H4044-54. For House consideration of H.R. 4577, see

Congressional Record, daily edition, June 8, p. H4055-77, H4087-4106, H4107; June 12, p. H41944215; June 13, p. H4229-4310; and June 14, p. H4367-4436. Roll Call #273 (217-214), June 14,

2000, p. H4436.

The Senate began consideration of H.R. 4577, as amended by substituting the provisions of

S. 2553, on June 22, 2000. See Congressional Record, daily edition, June 22, p. S5588-5609,

S5628-48; June 23, p. S5713-21, S5725-30; June 26, p. S5781-87; June 27, p. S5823-73; June 28,

p. S5941-6003; June 29, p. S6047-61, S6062-6103; and June 30, 2000, p. S6186-6218. Roll Call

#171 (52-43), June 30, 2000, p. S6218. For the text of H.R. 4577, as amended by the Senate, see

Congressional Record, daily edition, July 10, 2000, p. S6356-97.

The H.R. 4577 conference report, H.Rept. 106-1033, was filed December 15, 2000. The

conference report includes the text of H.R. 5656, as well as the report language and table for

providing FY2001 L-HHS-ED appropriations. For text of the conference report, see Congressional

Record, Daily Edition, December 15, 2000, p. H12100-12439 and H12531.

For House passage, see Congressional Record, Daily Edition, December 15, 2000, p. H1210012439 and H12442-12502. Passage was by Roll Call #603 (292-60), December 15, 2000, p. H12502.

For Senate passage, see Congressional Record, Daily Edition, December 15, 2000, p. S1185511885. Passage was by unanimous consent.

A series of 21 continuing resolutions, beginning with P.L. 106-275 (H.J.Res. 109), extended

funding for existing L-HHS-ED programs for the period from October 1 to December 21, 2000 (see

Related Legislation, p. 48).

DATA NOTE: Unless otherwise noted in this report, FY2000 and FY2001

appropriations data are based on the L-HHS-ED table in the H.R. 4577 conference

report, H.Rept. 106-1033, which was filed December 15, 2000. Data for FY2000

from this table include funds from the Emergency Supplemental Act, 2000 (Division

B of P.L. 106-246, July 13, 2000), providing supplemental appropriations and

rescissions for L-HHS-ED programs. FY2001 House and Senate data from the

conference table correspond to appropriations that would have been provided by (1)

H.R. 4577, as passed by the House on June 14, 2000, and (2) H.R. 4577, as amended

with the provisions of S. 2553 and passed by the Senate on June 30, 2000. In most

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

account current and forward funding, advance appropriations, rescissions, and

supplementals; however, all data are subject to additional budgetary scorekeeping.

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

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

the relevant departments and agencies.

Summary and Key Issues

This report describes the President’s proposal for FY2001 appropriations for

L-HHS-ED programs as submitted to the Congress February 7, 2000. It compares

the President’s FY2001 request to the FY2000 L-HHS-ED amounts. It tracks

legislative action and congressional issues related to the FY2001 L-HHS-ED

appropriations bill, with particular attention paid to discretionary programs. In

addition, the report summarizes activities related to the annual budget process, such

as the congressional budget resolution, continuing resolutions, and supplemental

appropriations (see Related Legislation, page 48). However, the report does not

follow specific funding issues related to mandatory L-HHS-ED programs — such as

Medicare or Social Security — nor will it follow the authorizing legislation necessary

prior to funding some of the President’s initiatives. For a glossary of budget terms,

CRS-3

please see Appendix A: Terminology (page 53). For a discussion of the L-HHS-ED

bill jurisdiction, please see Appendix B: Scope of the L-HHS-ED Bill (page 54).

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

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

its programs, but also because of the continuing importance of various related issues,

such as restrictions on the use of federal funds for abortion. This bill provides most

of the discretionary funds for three federal departments and several related agencies

including the Social Security Administration (SSA). Of the 13 annual appropriation

bills, the L-HHS-ED bill is the largest single source of discretionary funds for

domestic federal programs; the Defense bill is the largest source of discretionary funds

among all federal programs. For FY2000, the L-HHS-ED bill accounted for $96.6

billion (16.3%) and the Defense bill accounted for $272.7 billion (46.1%) of the

estimated $591.5 billion total for all federal discretionary budget authority. 1 This

section summarizes the larger funding changes proposed for L-HHS-ED, as well as

related budget issues such as 302(b) allocations and advance appropriations. Later

sections will provide additional details for each L-HHS-ED department.

Program Level and Current Year Appropriations

Table 2 summarizes the L-HHS-ED appropriations for FY2001, including both

discretionary and mandatory appropriations.

Table 2 shows various aggregate measures of the FY2001 L-HHS-ED

Appropriations, including discretionary program level, current year, and advance

appropriations, as well as mandatory appropriations in the L-HHS-ED bill. Because

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

at least two summary measures are used: program level appropriations and current

year appropriations. Program level appropriations reflect the total discretionary

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

therefore include advance funding for future years. Current year appropriations

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

discretionary appropriations for the current year that were enacted in prior years.

Current year discretionary appropriations are similar to the amount counted for the

302(b) allocations ceilings (discussed later, p. 13). An advance appropriation is

funding that will become available in a fiscal year beyond the fiscal year for which the

appropriations act is enacted, for example, funds included in the FY2000 Act that

cannot be spent until FY2001 at the earliest. Scorekeeping adjustments are made

to account for special funding situations; the Congressional Budget Office (CBO)

monitors these adjustments. All of these amounts are shown in Table 2, along with

current year funding for mandatory programs and some grand totals for the

L-HHS-ED bill. How do these terms fit together? For an “operational definition,”

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

minus (c) advances from prior years, plus (d) scorekeeping adjustments.

In this comparison, FY2000 discretionary budget authority is based on the Budget of the

United States Government Fiscal Year 2001, Table S-8.

CRS-4

Table 2. Summary of L-HHS-ED Appropriations

($ in billions)

FY2000

final a

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Program level (from the

current bill for any year)

$97.2

$107.1

$102.7

$104.4

$109.3

Current year (for the current

year from any bill)

85.5

106.1

99.5

100.5

108.9

Advances for future years

(from the current bill)

19.0

19.8

19.0

18.8

Advances from prior years

(from previous bills)

8.8

18.9

19.0

Scorekeeping adjustments

1.5

0.1

2.4

3.9

0.6

Type of funding

Discretionary appropriations

Current year discretionary and mandatory funding

Discretionary

85.5

106.1

99.5

100.5

108.9

Mandatory

230.8

242.3

241.2

242.3

Total current year

316.3

348.4

341.8

341.7

351.2

351.7

352.3

358.3

Grand total of funding for L-HHS-ED bill, any year

Grand total any year

330.3

356.1

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033. Data are

given only for programs included in the L-HHS-ED appropriation bill.

Note: FY2000 and FY2001 mandatory amounts are estimates that are subject to adjustments after

the close of the fiscal year.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and the FY2000 Supplemental Appropriations, P.L. 106-246.

Other FY2000 Discretionary Estimates. The two estimates for FY2000

discretionary appropriations that are shown in Table 2 — $97.2 billion for program

level and $85.5 billion for current year — are based on the H.R. 4577 conference

table. Several other estimates exist for FY2000 L-HHS-ED appropriations which

differ because of scorekeeping and other definitional distinctions. The Office of

Management and Budget (OMB) estimated the FY2000 L-HHS-ED discretionary

total to be $96.6 billion.2 The table in the FY2000 conference report, H.Rept. 106479, gave $86.1 billion as the FY2000 current year discretionary total for L-HHS-ED

programs. The Congressional Budget Office (CBO) also keeps track of discretionary

appropriations for each Appropriations Subcommittee bill, and shows the total

FY2000 discretionary budget authority (regular and emergency) for L-HHS-ED in

Budget of the United States Government Fiscal Year 2001, Table S-8.

CRS-5

“CBO’s Current Status of Discretionary Appropriations.”3 As of December 26, 2000,

CBO estimates these FY2000 amounts as $86.5 billion for both the House and the

Senate; however, these amounts include supplemental appropriations and rescissions,

and may reflect legislation that has been reported or passed only by the House or the

Senate, and does not necessarily distinguish amounts actually enacted.

Funding Changes Proposed by the President

With regard to the President’s FY2001 budget, the issues in the early stages of

the appropriations process generally relate to proposed funding changes. The

summary below notes changes proposed for discretionary budget authority of at least

$100 million, compared to the FY2000 appropriations. Viewing this list by itself

should be done with caution, since the relative impact of a $100 million funding

change to a $500 million program (a 20% increase or decrease) might be greater than

a $100 million change to a $5 billion program (a 2% increase or decrease). Later

discussions for budgets of individual departments include tables to compare the

FY2001 request with the FY2000 funding for many of the major programs in the

L-HHS-ED bill.

! For U.S. Department of Labor (DOL) programs, an additional $730 million is

requested for job training programs authorized by the Workforce Investment

Act of 1998 (WIA); an increase of $176 million is proposed for State

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

and an increase of $206 million is requested for activities in the Departmental

Management account. Overall, $12.4 billion in current year discretionary

appropriations is requested, a 40.9% increase over the FY2000 amount of $8.8

billion. For discretionary funding at the program level (discussed below, p. 3),

$12.4 billion is requested (an 9.7% increase); $11.3 billion was provided in

FY2000.

! For U.S. Department of Health and Human Services (DHHS) programs, the

largest discretionary funding change (in absolute terms) is a requested increase

of $1.6 billion over a 2-year period proposed for the Child Care and

Development Block Grant (CCDBG). Other proposed increases include an

additional $125 million for the Ryan White AIDS programs; an increase of

$216 million for the Centers for Disease Control and Prevention (CDC); an

increase of $1.1 billion for the National Institutes of Health (NIH); a $172

million increase for the Substance Abuse and Mental Health Services

Administration (SAMHSA); $1.0 billion more for Head Start; and $151 million

more for the Administration on Aging. The Public Health and Social Services

Fund (PHSSF) would be reduced by $180 million. Overall, $45.0 billion in

current year discretionary appropriations is requested, an 11.7% increase over

the FY2000 amount of $40.3 billion. For discretionary funding at the program

level, $45.8 billion is requested (an 9.8% increase); $41.7 billion was provided

in FY2000.

This document shows both budget authority and outlays, and was downloaded from the CBO

website on January 2, 2001, at: [http://www.cbo.gov/].

CRS-6

! For U.S. Department of Education (ED) programs, the largest proposed

discretionary change (in absolute terms) is $1.3 billion for the School

Renovation Initiative. Other major increases include $137 million more for

Educational Technology programs; an additional $547 million for the 21st

Century Community Learning Centers program; an additional $417 million for

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

Disadvantaged; $690 million for the Teaching to High Standards Initiative;

$450 million more for the Class Size Reduction and Teacher Assistance

program; $373 million for various other School Improvement programs; an

additional $298 million for State Grants under the Individuals with Disabilities

Education Act (IDEA); $716 million more for the Pell Grant program; and an

additional $125 million for Gaining Early Awareness and Readiness for

Undergraduate Programs (GEAR UP). A decrease of $408 million is

requested for Goals 2000: Educate America Act programs and $136 million

less for Impact Aid. No funds are requested for either the $335 million

Eisenhower Professional Development program or the $366 million Innovative

Education Program Strategies (education block grant) program. Overall,

$40.1 billion in current year discretionary appropriations is requested, a 36.4%

increase over the FY2000 amount of $29.4 billion. For discretionary funding

at the program level, $40.1 billion is requested (a 12.6% increase); $35.6

billion was provided in FY2000.

! For the related agencies, the budget includes proposed increases of $289

million for the Social Security Administration (SSA) Limitation on

Administrative Expenses, and $238 million for discretionary activities related

to the Supplemental Security Income (SSI) program. Overall, $8.7 billion in

current year discretionary appropriations is requested, an 7.4% increase over

the FY2000 amount of $8.1 billion in FY2000. For discretionary funding at

the program level, $8.8 billion is requested (a 7.3% increase); $8.2 billion was

provided in FY2000.

! The School-to-Work Opportunities Act program, which was funded at $110

million in FY2000 and jointly administered by DOL and ED, would be

terminated, as specified in the sunset provisions of the statute.

Presidential Veto Threat. On June 14, 2000, on the same evening as the

House passed H.R. 4577, the White House issued a statement by the President stating

that the bill “fails to address critical needs of the American people.” The funding

levels for education, child care, and worker training were singled out as

“unacceptable” and, if left unchanged, would cause the President to veto the bill.

Additional details on what the President considers critical in the FY2001 L-HHS-ED

bill are discussed in Statement of Administration Policy (SAP) published by the Office

of Management and Budget (OMB) on June 7, 2000, with regard to H.R. 4577 as

reported by the House Appropriations Committee, and on June 22, 2000, with regard

to S. 2553, as reported by the Senate Appropriations Committee.4

A listing and full text of OMB SAPs on all current legislation can be found at:

[http://www.whitehouse.gov/OMB/legislative/sap/index.html].

CRS-7

House Legislative Action

The House Appropriations Committee marked up its FY2001 L-HHS-ED bill

on May 24, 2000, and reported H.R. 4577 (H.Rept. 106-645) on June 2 by a vote of

29 to 22. On June 14, 2000, the House amended and passed H.R. 4457 by a vote of

217 to 214 (roll call #273).

House Funding Highlights. As passed by the House, FY2001 funding was

changed by at least $100 million for the following programs or agencies; details and

specific funding amounts are provided in the separate agency summaries below.

! For DOL programs, total funding for WIA programs would be reduced

(compared to FY2000 funding levels), and funding for One-Stop Career

Centers would be eliminated.

! For DHHS programs, funding would be increased for Ryan White AIDS

programs, CDC, NIH, CCDBG, and Head Start. Funding would be reduced

for the Health Care Financing Administration (HCFA) Program Management.

! For ED programs, funding would be increased for Education Technology, 21st

Century Community Learning Centers, Title I Grants to LEAs, Individuals

with Disabilities Education Act (IDEA) State Grants, Pell Grants, and the

TRIO program. Funding would be reduced for Goals 2000: Educate America

Act programs and the Eisenhower Professional Development program. Initial

funding would be provided for the Teacher Empowerment Act, if authorized,

replacing the Class Size Reduction program. Funding would not be provided

for several of the President’s initiatives, including School Renovation;

Teaching to High Standards; and Small, Safe, Successful High Schools.

! For related agencies, funding would be increased for the SSA Limitation on

Administrative Expenses.

House Floor Amendments. On the House floor, 37 amendments were

introduced for consideration. Of these, three were accepted by the House, including:

! A restriction on NIH on granting exclusive, private licensing agreements for

new drugs developed with assistance from NIH research grants

(Representative Sanders);

! A prohibition on the promulgation of any standard for implementing a uniform

medical identifier for private individuals (Representative Paul); and

! A restriction on federal funds from being used to prohibit military recruiting at

secondary schools (Representative Stearns).

Senate Legislative Action

The Senate Appropriations Committee reported its version of the FY2001

L-HHS-ED bill, S. 2553 (S.Rept. 106-293), on May 12, 2000, by a vote of 28 to 0.

On June 30, 2000, the Senate completed consideration of H.R. 4457, as amended by

the substitution of the provisions of S. 2553, and amended and passed H.R. 4577 by

a vote of 52 to 43 (roll call #171).

CRS-8

Senate Funding Highlights. As passed by the Senate bill, FY2001 funding

was changed by at least $100 million for the following programs and agencies; details

and funding amounts are provided in the separate agency summaries below.

! For DOL programs, funding for Departmental Management would be

increased (compared to FY2000 funding levels).

! For DHHS programs, funding would be increased for Community Health

Centers, CDC, NIH, and Head Start. Funds would be reduced for Health

Professions, the Agency for Health Care Research and Quality (AHRQ), LowIncome Home Energy Assistance Program (LIHEAP), CCDBG, and the Public

Health and Social Services Fund (PHSSF). However, program service levels

(the level of services provided regardless of funding source) would be

maintained for LIHEAP and increased for AHRQ. Funds available from

unexpended balances for the State Children’s Hospital Insurance Program

(SCHIP) would be shifted to FY2003.

! For ED programs, funding would be increased for 21st Century Community

Learning Centers, Title I Grants to LEAs, Impact Aid, Eisenhower

Professional Development, Innovative Education Program Strategies, IDEA

State Grants, and Pell Grants. Funding would be decreased for several

Education for the Disadvantaged programs and the Fund for the Improvement

of Education. No funds would be provided for the Class Size Reduction

program, as currently authorized.

! For related agencies, funding would be increased for discretionary activities

under the SSI program and the SSA Limitation on Administrative Expenses.

Senate Floor Amendments. On the Senate floor, 135 amendments were

introduced for consideration. Of these, 55 amendments were accepted by the Senate.

Some of these amendments modified the funding levels of existing programs. Other

amendments:

! designate funds that must be used for specific activities, including:

antimicrobial resistance monitoring and prevention (Senator Cochran); a

clearinghouse on safe needle exchange technology (Senator Reid); same

gender schools (Senators Hutchinson and Collins); Fetal Alcohol Syndrome

and Fetal Alcohol Effects (Senator Harkin for Senator Daschle); loan

forgiveness for child care providers (Senator Wellstone); a certification

program for suicide hotlines and crisis centers (Senator Reid for Senator

Wellstone); substance abuse services for homeless adults (Senator Specter for

Senators Collins and Reid); Web-Based Education Commission (Senator

Harkin for Senator Kerrey); external defibrillators and basic cardiac life

support (Senator Specter for Senator Collins); medication management,

screening, and education (Senator Specter for Senator Jeffords); school

dropout prevention (Senator Harkin for Senator Bingaman); physical education

and fitness (Senator Specter for Senator Stevens); early childhood learning

(Senator Specter for Senator Stevens); construction and renovation for Tribal

Colleges and Universities (Senator Harkin for Senator Bingaman); detection

and treatment of childhood lead poisoning (Senator Harkin for Senator

Torricelli); and programs to teach American history (Senator Harkin for

Senator Byrd);

CRS-9

! prohibit funds from being used for specific activities, including: the regulation

of ergonomic standards at DOL (Senator Enzi); and postcoital emergency

contraception (Senator Helms);

! require changes in policies or procedures concerning: a reasonable rate of

return on intramural and extramural medical research at NIH (Senator Wyden);

the protection of children, schools, and libraries connected to the Internet

(Senators McCain and Santorum); an off-budget lockbox to strengthen Social

Security and Medicare (Senator Ashcroft and Senator Reid for Senator

Conrad); a prohibition on health discrimination based on genetics (Senator

Jeffords); access to health care and consumer protection in managed care plans

and other health coverage (Senator Nickles); the care of chimpanzees used in

NIH research (Senator Specter for Senator Smith of NH); and residents’ rights

protection at health care facilities (Senator Harkin for Senator Dodd); and

! specify studies of: federal fetal tissue practices (Senator Smith of NH);

unreimbursed health care provided to foreign nationals (Senator Harkin for

Senator Graham); targeting of funds under the Title I Grants to Local

Educational Agencies program (Senator Harkin for Senator Lieberman); and

sexual abuse in schools (Senator Specter for Senator Smith of NH).

! In addition, the Senate sustained a point of order (by Senator Gramm) against

a provision that would have shifted the payment date of October 2000 SSI

benefits from October 2 to September 29, 2000.

Public Law Summary

H.R. 5656, the Departments of Labor, Health and Human Services, and

Education, and Related Agencies Appropriations Act, 2001, was enacted by cross

reference through §1(a)(1) of H.R. 4577. The H.R. 4577 conference report, H.Rept.

106-1033 — which includes the provisions of H.R. 5656 — was approved by the

House by a vote of 292 to 60 (Roll Call #603), and by the Senate by unanimous

consent, on December 15, 2000. The President signed H.R. 4577 into law on

December 21, 2000, as P.L. 106-554, the Consolidated Appropriations Act, 2001.

Highlights of the enacted bill include the following provisions; additional details are

provided in the separate agency summaries.

Public Law Funding Highlights. Many L-HHS-ED programs receive

FY2001 funding above the level of the FY2000 appropriations; in some instance the

funding is more than requested by the President. Funding for a few programs is

decreased. As shown previously in Table 2, current year discretionary funding in the

FY2001 L-HHS-ED bill is $108.9 billion, $23.4 billion (27.4%) more than the

FY2000 amount. At the program level, the FY2001 discretionary amount is $109.3

billion, $12.1 billion (12.4%) more than in FY2000. A total of $18.8 billion of

advance appropriations are provided in the FY2001 Act compared to $19.0 billion in

the FY2000 Act.

! For DOL, funding for WIA programs is increased (compared to FY2000

funding level), including WIA Youth Training and various WIA federally

administered activities. Increases are also provided for SUI/ESO programs

and DOL Departmental Management.

CRS-10

! For DHHS, increases are provided for Community Health Centers, Health

Professions, Ryan White AIDS programs, CDC, NIH, SAMHSA, HCFA

Program Management, Head Start, and the Administration on Aging. Funding

for CCDBG and the PHSSF is reduced, and the advance appropriation for

LIHEAP is eliminated.

! For ED, funding is increased for Education Technology, 21st Century

Community Learning Centers, Title I Grants to LEAs, Eisenhower

Professional Development, Class Size Reduction, IDEA State Grants, Pell

Grants, Aid for Institutional Development, and the Fund for the Improvement

of Education. Initial funding is provided for School Repair and Renovation.

Funding is reduced for Goals 2000: Educate America Act programs.

! For Related Agencies, increases are provided for SSI discretionary activities

and the SSA Limitation on Administrative Expenses.

Modifications of Existing Programs and Activities. The FY2001 L-HHS-ED

Appropriations Act amends various program authorities or otherwise modifies

provisions concerning the use of funds provided under this Act.

! Section 104 prohibits the implementation or enforcement of pending DOL

H2A regulations concerning temporary certification applications and petitions

for admission of nonimmigrant agricultural guest workers. In addition, §105

modifies the procedures for the inspection of housing for H2A workers, and

§106 authorizes DOL to use H1B (temporary professional workers) fee

revenues to process permanent labor certifications.

! Section 214 prohibits the Secretary of Health and Human Services from

withholding state block grants for substance abuse if the state fails to comply

with the “Synar Amendment” requirements concerning the sale of tobacco

products to minors.

! Section 220 authorizes the Secretary of Health and Human Services to provide

support for the CDC to carry out abroad certain international activities

related to HIV/AIDS and other infectious and chronic diseases.

! Section 305 requires the Comptroller General to evaluate the targeting of

funds for children from low-income families within the Title I Part A Grants

to Local Educational Agencies (LEAs) program.

! Section 306 modifies the allocation formula and the authorized use of funds for

the Class Size Reduction program.

! Section 313 authorizes the Secretary of Education to transfer $10 million to

the Secretary of the Interior for an award to the National Constitution

Center for construction activities.

! Section 314 amends the Safe and Drug Free School program to authorize

character education activities.

! Section 321 specifies the provisions of a new School Repair and Renovation

program, including the reservation of funds for charter schools, IDEA special

education activities, and technology activities related to school repair and

renovation.

! Section 322 amends the Charter School program to authorize support for

school facility acquisition, construction, and renovation.

! Section 323 amends the Impact Aid program with regard to procedures for

the calculation of average tax rates for determining certain payments.

CRS-11

! Section 505 continues the prohibition on the use of any funds from the Act to

be used for the distribution sterile needles or syringes for the injection of

illegal drugs.

! Section 514 continues the prohibition on the issuance of regulations providing

for unique medical identifiers for individuals until legislation is enacted that

specifically approves a standard for such identifiers.

! Section 516 authorizes a program of surveillance, prevention, and education

with regard to the human papillomavirus; in addition, it requires the study

of existing condom labels to determine their accuracy concerning the

prevention of sexually transmitted diseases.

! Section 520 requires a $25 million reduction in administrative and related

expenses for departmental management from what would otherwise be

provided in this Act for the Departments of Labor, Health and Human

Services, and Education.

Several proposals passed either the House or the Senate but were not included

in the final Act.

! One of the final issues considered prior to enactment was whether to prohibit

DOL from issuing regulations relating to ergonomic protection in the

workplace. Such restrictions were approved by both the House and the

Senate, but omitted from the final Act.

! The conference agreement excludes a Senate proposal to prohibit the

distribution in school facilities of postcoital emergency contraception to

minors.

Authorization of New Programs and Activities. The Consolidated

Appropriations Act, 2001, P.L. 106-554 authorizes or amends several programs and

activities.

! Title VI of the FY2001 L-HHS-ED Act (H.R. 5656, as enacted by §1(a)(1) of

P.L. 106-554) authorizes the Assets for Independence Act Amendments of

2000, which revises how means-tested programs count deposits in individual

development accounts established by or on behalf of persons eligible for

Temporary Assistance for Needy Families (TANF) program.

! Title VII of the L-HHS-ED Act authorizes the Physical Education for

Progress Act by enacting a new Part L, Title X, of the Elementary and

Secondary Education Act of 1965 (ESEA) to provide grants to LEAs to

initiate, improve, or expand physical education programs.

! Title VIII of the L-HHS-ED Act authorizes the Early Learning

Opportunities Act to provide DHHS grants to states to support early

childhood development and parent effectiveness programs and related activities

so the young children enter school ready to learn.

! Title IX of the L-HHS-ED Act authorizes the Rural Education Achievement

Program as Subpart 2, Part J, Title X of the ESEA to help meet the special

educational needs of rural school districts through formula grants and

additional flexibility in the use of other ESEA grants.

! The Miscellaneous Appropriations Act, 2000 (H.R. 5666, as enacted by

§1(a)(4) of P.L. 106-554) includes the Vietnam Education Foundation Act

CRS-12

of 2000 (Title II), the Literacy Involves Families Together Act (Title XVI),

and the Children’s Internet Protection Act (Title XVII).

! The Medicare, Medicaid, and SCHIP Benefits Improvement and

Protection Act of 2000, H.R. 5661, is enacted by §1(a)(6) of P.L. 106-554.

Earlier Conference Action. Several legislative activities took place prior to

the final conference agreement on FY2001 L-HHS-ED Appropriations, as follows.

The FY2001 L-HHS-ED House-Senate Conference was held on July 25, 2000.

A conference report was not filed; however, the House Appropriations Committee

issued a news release on August 3, 2000, entitled, “Highlights of the Tentative Labor,

Health and Human Services, Education Conference Report.” The Committee’s

summary indicated that most major discretionary programs would have been funded

at the greater of the House- or Senate-passed levels, with several exceptions funded

at either lower or higher levels. The total L-HHS-ED discretionary amount would

have equaled approximately the total requested by the President for FY2001.

On September 19, 2000, Representative Coburn moved to instruct the

L-HHS-ED conferees to accept §517 of the Senate Amendment to the House bill,

prohibiting the use of funds to distribute postcoital emergency contraception (the

“morning-after” pill) to minors on the premises or in the facilities of any elementary

or secondary school. The House agreed to the motion by a vote of 250 to 170 (roll

call #481).

On September 20, 2000, Representative Obey moved to instruct the conferees

to (a) insist on the highest funding level possible for education programs, and (b)

disagree with Senate provisions that would not support the President’s request for

class-size reduction and school construction. The House agreed to (a) insist on the

highest funding level for education by voice vote, and (b) disagree with the Senate

provisions by a vote of 222 to 201 (roll call #484).

On October 28, 2000, Representative DeLauro moved to instruct the conferees

to insist on the highest funding level possible for LIHEAP in FY2001 and FY2002.

The House agreed to the motion by a vote of 305 to 18 (roll call #572). Also on

October 28, Representative Lowey moved to instruct the conferees to insist on

disagreeing with Senate provision that would not support the President’s request for

resources dedicated to class size reduction and local school construction. The House

failed to agree to the motion by a vote of 150 to 159 (roll call #573).

On October 29, 2000, Representative Pallone moved to instruct the conferees

to choose the level of funding for Medicare+Choice program management as it might

relate to benefit support levels for requiring a minimum contract period of 3 years for

participating health maintenance organizations (HMO’s). The House failed to agree

to the motion by a vote of 170 to 183 (roll call #576).

On November 1, 2000, Representative Holt moved to instruct the conferees to

to disagree with Senate provisions that would not support the President’s request for

dedicated resources for local school construction. The House failed to agree to the

motion by a vote of 176 to 183 (roll call #590). Also on November 1, Representative

CRS-13

Wu moved to instruct the conferees to disagree with the Senate provisions that would

not support the President’s request for dedicated resources for class size reduction in

the early grades. The House failed to agree to the motion by a vote of 168 to 170

(roll call #591).

302(a) and 302(b) Allocation Ceilings

The ceiling for L-HHS-ED discretionary spending is set through the annual

budget allocation process. The congressional budget resolution for FY2001,

H.Con.Res. 290 (see Related Legislation, page 48), sets the aggregate discretionary

spending limit for the 13 annual appropriations bills; this limit is known as the 302(a)

allocation. From this amount the House and Senate appropriations committees

allocate funds among their subcommittees for each of the 13 appropriations bills,

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

during the year as the various appropriations bills progress toward final enactment.

Current 302(b) allocations for the FY2001 L-HHS-ED appropriations bill from the

House and Senate Appropriations Committees are shown in Table 3. Comparable

amounts for FY2000 and the President’s FY2001 budget are also shown. Subject to

scorekeeping considerations, 302(b) allocations are similar to current year

discretionary appropriations. Both the 302(a) and the 302(b) allocations regularly

have become contested issues in their own right.

Table 3. 302(b) Discretionary Allocations for L-HHS-ED

Programs

(budget authority in billions of dollars)

FY2000

final

comparable

FY2001

request

comparable

FY2001

House

allocation

FY2001

Senate

allocation

FY2001

conference

comparable

$85.5

$106.1

$99.5

$97.8

$108.9

Source: The House FY2001 amount is available from the House Appropriations Committee website:

[http://www.house.gov/appropriations/01302b1.htm], dated July 19, 2000 (downloaded January 2,

2001). The Senate FY2001 amount is taken from S.Rept. 106-508, October 25, 2000. The

comparable amounts for FY2000 final appropriation, the FY2001 request, and the FY2001

conference are based on the total current year discretionary amount for L-HHS-ED in the H.R. 4577

conference report, H.Rept. 106-1033.

Note: Under current scorekeeping provisions, advance appropriations that were enacted as part of

the FY2000 appropriation are counted in the FY2001 totals, and any advance appropriations enacted

as part of the FY2001 appropriation will be counted in the FY2002 totals.

CRS-14

Advance Appropriations

The L-HHS-ED bill has used increasing amounts of advance appropriations in

recent years. As part of the FY1998 L-HHS-ED appropriations, $4.0 billion in

discretionary appropriations was enacted for future years; in FY1999, the advance

appropriation was $8.9 billion; and in FY2000, the advance appropriation was $19.0

billion. For FY2001, the President’s request is $19.8 billion for advance

appropriations for L-HHS-ED programs; however, the FY2001 conference agreement

provides $18.8 billion for L-HHS-ED appropriations for FY2002 and beyond.5

Advance appropriations occur when funding is enacted in one fiscal year that cannot

be used until the following fiscal year at the earliest. For example, P.L. 106-113,

which included FY2000 L-HHS-ED appropriations, provided the Corporation for

Public Broadcasting (CPB) $350 million for use in FY2002. Advance appropriations

can be used for several objectives. These include the provision of long-term budget

information to agencies and other recipients, such as state and local educational

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

The more contentious aspect of advance appropriations, however, is that they avoid

the 302(a) and 302(b) allocation ceilings for the current year. Such funding must be

counted in the year in which first becomes available, thereby using up ahead of time

part of what will be counted against the allocation ceiling in future years.

Major Funding Trends

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

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

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

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

accomplished through the authorizing committees and combined into large, omnibus

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

under the L-HHS-ED appropriations for FY1996 through FY2000. The L-HHS-ED

funds have increased by 43.8% for this 5-year period. The 5-year increase is reduced

to an estimated 35.7% after adjustment for inflation by use of the Gross Domestic

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

authority, the L-HHS-ED portion increased from 13.4% in FY1996 to 16.8% in

FY2000. When compared to all federal budget authority, both discretionary and

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

from 4.3% in FY1996 to 5.4% in FY2000.

For the impact of advance appropriations on program administration, see the discussion in

the U.S. Department of Education section (p. 36).

CRS-15

Table 4. L-HHS-ED Discretionary Funding Trends From FY1996

(budget authority in billions of dollars)

Type of funds

FY1996

FY1997

FY1998

FY1999

FY2000

L-HHS-ED discretionary

$67.2

$74.7

$81.1

$89.5

$96.6

L-HHS-ED discretionary in

estimated FY2000 dollars

$71.2

$77.8

$83.4

$90.8

$96.6

L-HHS-ED % of all federal

discretionary funds a

13.4%

14.6%

15.2%

15.3%

16.8%

L-HHS-ED % of total federal

budget authority

4.3%

4.5%

4.8%

5.0%

5.4%

Total federal discretionary

$502.6

$512.9

$534.2

$583.1

$574.7

Total federal budget authority $1,580.8

GDP deflator

1.0000

$1,642.9 $1,692.2

1.0170

1.0300

$1,776.5 $1,801.1

1.0434

1.0590

Source: Budget of the United States Government Historical Tables Fiscal Year 2001, Tables 5.2,

5.4, and 10.1 (for federal totals and GDP deflator); and Budget of the United States Government,

various years (for L-HHS-ED discretionary budget authority).

Discretionary funds include both defense and non-defense activities.

For Additional Reading, Background6

CRS Issue Briefs.

CRS Issue Brief IB10052, Budget for Fiscal Year 2001, by Philip D. Winters.

Other CRS Products.

CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance

Funding, by Sandy Streeter.

CRS Report RL30203, Appropriations for FY2000: Labor, Health and Human

Services, and Education, by Paul M. Irwin.

CRS Report RL30500, Appropriations for FY2001: An Overview, by Mary Francis

Bley.

CRS Info Pack 538B, Budget for Fiscal Year 2001.

CRS Report RL30499, Budget FY2001: A Chronology with Internet Access, by

Pearl Thomas.

CRS Info Pack 12B, Budget Process.

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

by Sandy Streeter.

CRS Report RS20095, The Congressional Budget Process: A Brief Overview, by

James V. Saturno.

Products related to individual programs are listed with the details for each L-HHS-ED

department.

CRS-16

CRS Report RL30343, Continuing Appropriations Acts: Brief Overview of Recent

Practices, by Sandy Streeter.

CRS Report RS20403, FY2000 Consolidated Appropriations Act: Reference Guide,

by Robert Keith.

CRS Report RS20756, FY2001 Consolidated Appropriations Act: Reference Guide,

by Robert Keith.

CRS Report 98-844, Shutdown of the Federal Government: Causes, Effects, and

Process, by Sharon S. Gressle.

CRS Report RL30457, Supplemental Appropriations for FY2000: Plan Columbia,

Kosovo, Foreign Debt Relief, Home Energy Assistance, and Other Initiatives,

by Larry Nowels, et al.

CRS Report RS20758, The 0.22 Percent Across-the-Board Cut in FY2001

Appropriations, by Robert Keith.

Selected World Wide Web Sites.

General information regarding the budget and appropriations may be found at

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

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

House Committee on Appropriations

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

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

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

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

Senate Committee on Appropriations

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

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

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

Congressional Research Service (CRS) Appropriations and Budget Products

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

Congressional Budget Office (CBO)

[http://www.cbo.gov]

General Accounting Office (GAO)

[http://www.gao.gov]

Office of Management & Budget (OMB)

[http://www.whitehouse.gov/OMB]

[http://www.whitehouse.gov/OMB/budget/index.html]

[http://www.whitehouse.gov/OMB/legislative/sap/index.html]

CRS-17

U.S. Department of Labor

Discretionary appropriations for the U.S. Department of Labor (DOL) are shown

in Table 5. Because appropriations may consist of mixtures of budget authority

enacted in various years, two summary measures are used. Program level reflects the

appropriations in the current bill, regardless of the year in which they will be spent.

Current year represents appropriations for the current year; the source may be either

the current bill or a prior enactment, and the amount is similar to what is counted for

the 302(b) allocations ceilings. A discussion of advance appropriations as they relate

to 302(b) allocations may be found in the U.S. Department of Education section (see

page 36).

Table 5. Department of Labor Discretionary Appropriations

($ in billions) a

FY2000

final b

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

$11.3

$12.4

$10.7

$11.5

$11.9

Current year (for the current

year from any bill)

8.8

12.4

10.7

11.5

11.9

Advances for future years

(from the current bill)

2.5

Advances from prior years

(from previous bills)

0.0

2.5

Type of funding

Program level (from the

current bill for any year)

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

The amounts shown represent only discretionary programs funded by the L-HHS-ED appropriation

bill; appropriations for mandatory programs are excluded.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and on the FY2000 Supplemental Appropriations, P.L. 106-246.

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

billion in FY2000, and consist of the Black Lung Disability Trust Fund ($1.0 billion),

Federal Unemployment Benefits and Allowances programs ($0.4 billion), Advances

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

Employment Standards Administration Special Benefits programs ($0.1 billion).

Key Issues

President’s Request. The President’s FY2001 budget request for DOL is

intended to support three broad strategic goals: (a) a prepared workforce, (b) a

secure workforce, and (c) quality workplaces. According to the Administration, a

prepared workforce increases employment opportunities by providing the education

and training for each worker to compete in a global economy. The goal of a secure

workforce means promoting the economic security of all workers and their families,

CRS-18

including pension coverage, retirement benefits, and health benefits. A quality

workplace means a safe and healthful workplace, with equal opportunity for every

worker, as well as protection for children in the workplace both here and abroad.

Discretionary increases of at least $100 million requested for DOL programs

under the President’s FY2001 budget include the following:

! An additional $730 million is requested for programs authorized by the

Workforce Investment Act of 1998 (WIA), which was funded at $5.4 billion

in FY2000. For specific WIA programs, $182 million more is requested for

Dislocated Worker Assistance, funded at $1.6 billion in FY2000; $125 million

more for Youth Opportunity Grants, funded at $250 million in FY2000; and

$400 million more for four new federally administered WIA programs,

including $255 million for a Fathers Work/Families Win Initiative.

! An increase of $176 million is proposed for the $3.2 billion State

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

including State Operations for Unemployment Compensation ($93 million),

other Employment Service activities ($39 million), and One-Stop Career

Centers ($44 million).

! An additional $206 million is requested for Departmental Management, which

was funded at $498 million in FY2000; the increases include $97 million for

International Labor Affairs and $100 million for other management activities,

including $54 million for a department-wide Information Technology

Investment Fund.

Like its ED counterpart, the $55 million DOL portion of the School-to-Work

Opportunities Act program would be terminated in FY2001, as specified in the sunset

provision of its authorization.

House Bill. As passed, the House bill does not accept all the funding changes

proposed in the President’s FY2001 budget.

! WIA programs would receive $5.0 billion, $1.1 billion less than requested and

$362 million less than was provided for FY2000. For specific WIA programs,

Dislocated Worker Assistance would receive $1.4 billion, $389 million less

than requested and $207 million less than in FY2000. Youth Opportunity

Grants would be funded at $175 million, $200 million less than requested and

$75 million less than in FY2000. Other Federally Administered Programs

under WIA would be funded at $196 million, $396 million less than requested

and $29 million less than in FY2000.

! No FY2001 funding would be provided for One-Stop Career Centers, a

program funded at $110 million in FY2000; $154 million was requested for

FY2001.

! Departmental Management would receive $498 million, the same as in FY2000

but $206 million below the request. International Labor Affairs would receive

$70 million, the same as in FY2000 but $97 million less than requested. Other

management activities would be funded at $227 million, $100 million less than

requested but the same as the FY2000 funding level.

CRS-19

Senate Bill. As passed, the Senate bill differs from the House bill with regard

to several programs.

! WIA programs would receive $5.5 billion, $439 million more than the House

amount and $77 million more than in FY2000. The bill would provide $1.6

billion for WIA Dislocated Workers, $207 million more than the House bill

would provide but the same as in FY2000. Youth Opportunity Grants would

receive $250 million, $75 million more than the House but the same at the

FY2000 amount. Other Federally Administered Programs under WIA would

be funded at $296 million, $100 million more than the House amount and $71

million more than the FY2000 amount.

! One-Stop Career Centers would be funded at $110 million, the same as in

FY2000; no funds would be provided under the House bill.

! Departmental Management would receive $599 million, $101 million more

than the House amount and the FY2000 amount.

Public Law. Under the conference agreement, the largest changes in funding

from FY2000 to FY2001 for DOL programs are as follows.

! The FY2001 bill provides $5.7 billion for WIA programs, $293 million more

than in FY2000, but $437 million less than requested. The WIA total includes

$1.1 billion for Youth Training, $102 million more than the FY2000 funding

level; and $348 million for a variety of federally administered activities, $123

million more than in FY2000.

! SUI/ESO activities are funded at $3.4 billion, $152 million more than in

FY2000, but $24 million less than requested.

! Departmental Management is provided $647 million, $149 million more than

the FY2000 amount, but $57 million less than requested.

For Additional Reading

CRS Issue Briefs.

CRS Issue Brief IB10048, The Davis-Bacon Act: Action During the 106th Congress,

by William G. Whittaker.

CRS Issue Brief IB10042, OSHA Reform: “Partnership” with Employers, by

Edward B. Rappaport.

CRS Issue Brief IB98023, Trade Adjustment Assistance for Workers: Proposals for

Renewal and Reform, by James R. Storey.

CRS Reports.

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

Standard? by Edward B. Rappaport.

CRS Report 97-536, Job Training Under the Workforce Investment Act: An

Overview, by Ann Lordeman.

CRS Report RS20542, Major Child Support Proposals Pending in the 106th

Congress, by Carmen Solomon-Fears.

CRS-20

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

O’Shaughnessy and Paul J. Graney.

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

CRS Report 95-742, Unemployment Benefits: Legislative Issues in the 106th

Congress, by Celinda M. Franco.

CRS Report RS20134, Welfare Reform: Welfare-to-Work Legislation in the 106th

Congress, by Christine Devere.

CRS Report RS20244, The Workforce Investment Act: Training Programs Under

Title I at a Glance, by Ann Lordeman.

Selected World Wide Web Sites.

U.S. Department of Labor

[http://www.dol.gov]

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

[http://www.dol.gov/dol/_sec/public/budget/budget01.htm]

[http://www.dol.gov/dol/_sec/public/budget/000322ah.htm]

Detailed Appropriation Table

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

CRS-21

Table 6. Detailed Department of Labor Appropriations

($ in millions)

Office or major program

FY2000

final a

FY2001

request

Employment and Training Administration (ETA)

Training and Employment

Services, Workforce

950

Investment Act (WIA) Adult

Training Grants to States

WIA Youth Training

1,001

1,022

WIA Dislocated Worker

1,589

1,771

Assistance

WIA Job Corps

1,358

1,393

WIA Youth Opportunity

250

375

Grants (YOG)

WIA Other Federally

225

592

Administered Programs

WIA subtotal

5,373

6,103

School-to-Work

Opportunities

Training and Employment

Services (TES), Other

Community Service

Employment for Older

440

Americans

Federal Unemployment

Benefits and Allowances,

415

407

Trade Adjustment and

NAFTA Activities

(mandatory)

State Unemployment

Insurance and Employment

2,266

2,359

Service Operations

(SUI/ESO) Unemployment

Compensation

SUI/ESO Employment

817

856

Service

SUI/ESO One-Stop Career

110

154

Centers

SUI/ESO Work Incentives

Grants

SUI/ESO subtotal

3,213

3,389

Advances to Unemployment

Trust Fund and Other Funds

356

435

(mandatory)

ETA Program

146

159

Administration

ETA subtotal

10,006

10,937

FY2001

House

FY2001

Senate

FY2001

conference

857

950

1,001

1,103

1,382

1,589

1,590

1,400

1,364

1,400

175

250

275

196

296

348

5,011

5,450

5,666

440

407

2,266

2,284

2,349

811

836

846

110

150

3,097

3,250

3,365

435

146

156

159

9,541

10,142

10,477

CRS-22

Office or major program

FY2000

final a

FY2001

request

Pension and Welfare

108

Benefits Administration

Pension Benefit Guaranty

Corporation (PBGC)

Administration

PBGC service level (non165

177

add)

Employment Standards Administration (ESA)

ESA Salaries and Expenses

339

363

ESA Special Benefits

(mandatory)

ESA Black Lung Disability

1,014

1,028

Trust Fund (mandatory)

ESA subtotal

1,432

1,447

Occupational Safety and

Health Administration

382

426

(OSHA)

Mine Safety and Health

228

242

Administration (MSHA)

Bureau of Labor Statistics

434

454

Departmental Management,

167

International Labor Affairs

Departmental Management,

Veterans Employment and

201

210

Training

Departmental Management,

227

327

Other

Departmental Management

498

704

subtotal

TOTALS, DEPARTMENT OF LABOR

Total Appropriations b

13,091

14,329

FY2001

House

FY2001

Senate

FY2001

conference

103

108

165

173

176

339

353

363

1,028

1,423

1,437

1,447

382

426

233

245

247

440

447

452

115

148

201

207

212

227

277

287

498

599

647

12,627

13,409

13,816

Current Year: FY2001

10,628

11,866

10,164

10,946

11,353

FY2002

2,463

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and on the FY2000 Supplemental Appropriations, P.L. 106-246.

Appropriations totals include discretionary and mandatory funds, and may be subject to additional

scorekeeping and other adjustments.

CRS-23

U.S. Department of Health and Human Services

Discretionary appropriations for the U.S. Department of Health and Human

Services (DHHS) are shown in Table 7. Because appropriations may consist of

mixtures of budget authority enacted in various years, two summary measures are

used. Program level reflects the appropriations in the current bill, regardless of the

year in which they will be spent. Current year represents appropriations for the

current year; the source may be either the current bill or a prior enactment, and the

amount is similar to what is counted for the 302(b) allocations ceilings. A discussion

of advance appropriations as they relate to 302(b) allocations may be found in the

U.S. Department of Education section (see page 36).

Table 7. U.S. Department of Health and Human Services

Discretionary Appropriations

($ in billions) a

FY2000

final b

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Program level (from the

current bill for any year)

$41.7

$45.8

$46.4

$43.0

$46.5

Current year (for the current

year from any bill)

40.3

45.0

45.6

45.3

48.8

Advances for future years

(from the current bill)

3.7

4.5

1.4

Advances from prior years

(from previous bills)

2.3

3.7

Type of funding

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

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

appropriations for mandatory programs are excluded.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and the FY2000 Supplemental Appropriations, P.L. 106-246.

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

$196.8 billion in FY2000, and consist primarily of Grants to States for Medicaid

($118.0 billion), Payments to Medicare Trust Funds ($69.3 billion), Foster Care and

Adoption ($5.9 billion), and Social Services Block Grant ($1.8 billion).

Key Issues

President’s Request. The President’s FY2001 budget request for DHHS

focuses on a number of programs related to the funding and delivery of health care

and social services. The DHHS budget emphasizes expanded health care coverage

primarily through changes in Medicare, Medicaid, and State Children’s Health

Insurance Program (SCHIP); increased support for children and families; continued

investments in biomedical science; and increased assistance for a healthier America.

CRS-24

Discretionary increases of at least $100 million requested for DHHS programs

under the President’s FY2001 budget include the following:

! The largest discretionary increase requested (in terms of absolute dollars) is an

additional $1.6 billion proposed for the Child Care and Development Block

Grant (CCDBG). This program was advance funded at $1.2 billion for

FY2001; half of the increase would bring FY2001 funding up to $2.0 billion,

and the remainder would be used to bring advance appropriations up to the

$2.0 billion level in FY2002 as well.

! An additional $125 million is proposed for the $1.6 billion Ryan White AIDS

programs to expand medical and support services for individuals and families

with HIV.

! An increase of $216 million is requested for the Centers for Disease Control

and Prevention (CDC); $3.0 billion was provided in FY2000 for the prevention

and control of diseases, injuries, and disabilities.

! An increase of $1.1 billion is requested for the $17.7 billion National Institutes

of Health (NIH) to support activities that maintain and improve health through

medical science.

! An additional $172 million is proposed for the $2.7 billion Substance Abuse

and Mental Health Services Administration (SAMHSA).

! An increase of $1.0 billion is requested for the $5.3 billion Head Start

program, an early childhood development program for children and their

families to assist low-income children start school ready to learn.

! $151 million more is proposed for the Administration on Aging, which was

funded at $933 million in FY2000; the increase would be used to respond to

the needs of the expanding older population.

! Under the Temporary Assistance for Needy Families (TANF) program, the

FY2001 supplemental grant funds to states would be limited to the FY1998

level, providing a $240 million offset to discretionary L-HHS-ED

appropriations.

The FY2001 budget proposes no new funding for the Agency for Healthcare

Research and Quality (AHRQ), which was funded at $110 million in FY2000.

However, on a service level basis (the level of services provided regardless of funding

source), funding would actually be increased from $199 million in FY2000 to $250

million under the request, using funds set aside for AHRQ from other programs. The

AHRQ budget would place a priority on reducing medical errors, improving health

information systems, and improving health services for on-the-job injuries.

The Emergency Supplemental Act, 2000 (P.L. 106-246), added $600 million to

the Low-Income Home Energy Assistance Program (LIHEAP) Emergency

Allocation, for an FY2000 total of $900 million (see Related Legislation, p. 48). The

FY2001 request is for $300 million, the same as the original FY2000 amount before

the supplemental appropriation.

House Bill. As passed, the House bill does not accept all the funding changes

proposed in the President’s FY2001 budget.

CRS-25

! Health Professions would receive $411 million, $113 million more than

requested and $69 million more than was provided in FY2000.

! CDC programs would be funded at $3.3 billion, $127 million more than

requested and $343 million more than the FY2000 amount.

! The AHRQ would be provided $124 million, $14 million above the FY2000

level; this activity would not be directly funded under the budget request.

However, at the service level (the level of services provided regardless of

funding source), funding for AHRQ activities would be increased by $51

million under the request and by $25 million under the House bill by using

funds set aside for AHRQ activities from other programs.

! Health Care Financing Administration (HCFA) Program Management would

receive $1.9 billion, $220 million less than the requested amount and $130

million less than in FY2000.

! The CCDBG would be funded at $2.4 billion, $417 million less than requested

but $1.2 billion more than in FY2000.

! The House bill would fund the Head Start program at $5.7 billion, $600 million

less than requested but $400 million more than in FY2000.

! The Administration on Aging would be provided $926 million, $158 million

less than requested and $7 million less than in FY2000.

! Technically, NIH would receive $20.5 billion, $1.7 billion more than the

President’s budget request. However, a provision of the House bill (§213)

would prohibit the obligation of any funds greater than the amount requested

by the President ($18.8 billion), an increase of $1.1 billion compared to the

FY2000 appropriation of $17.7 billion.

Senate Bill. As passed, the Senate bill differs from the House bill with regard

to several programs.

! Health Professions would receive $231 million, $180 million less than the

House amount and $111 million less than in FY2000.

! The CDC would be funded at $3.3 billion, $134 million less than the House

amount, but $209 million more than in FY2000.

! The NIH would be funded at $20.5 billion, $1.7 billion more than the House

amount and $2.8 billion more than in FY2000.

! The Senate bill would provide no direct funding for the AHRQ, compared to

$124 million in the House bill; $110 million was provided for FY2000.

However, at the service level (the level of services provided regardless of

funding source), the Senate bill would provide $46 million more than the

House bill and $71 million more than in FY2000, by using funds set aside for

AHRQ activities from other programs.

! HCFA Program Management would be funded at $2.0 billion, $153 million

more than the House amount and $23 million more than in FY2000.

! The LIHEAP advance appropriation for FY2002 would be zeroed out in the

Senate bill; the House bill would provide $1.1 billion, the same as the FY2000

advance appropriation. The FY2001 program level funding of $1.1 billion,

enacted as part of FY2000 L-HHS-ED Appropriations, would not be affected

by the Senate bill.

! The CCDBG would be funded at $817 million, $1.6 billion below the House

level and $366 million less than the FY2000 amount.

CRS-26

! Head Start would receive $6.3 billion, $600 million more than the House

amount and $1.0 billion more than in FY2000.

! The Social Services Block Grant (SSBG), an entitlement program, would be

funded at $600 million, $1.1 billion less than the House amount and $1.2

billion less than in FY2000.

! The Public Health and Social Services Fund (PHSSF) would receive $215

million, $40 million less than the House amount and $160 million less than was

provided in FY2000. The PHSSF provides extra funding for a variety of

activities such as anti-bioterrorism and AIDS prevention and treatment in

minority communities.

! A provision of the Senate bill (§217) would shift $1.9 billion of funds currently

available from unexpended balances for SCHIP and make it available in

FY2003.

Public Law. Under the conference agreement, the largest changes in funding

from FY2000 to FY2001 for DHHS programs are as follows.

! The FY2001 bill provides $1.2 billion for Community Health Centers, $150

million more than in FY2000, and $100 million more than requested.

! $588 million is provided for Health Professions, $246 million more than the

FY2000 amount, and $290 million more than requested. The FY2001 amount

includes $235 million for the Children’s Hospitals Graduate Medical Education

program.

! Ryan White AIDS programs are funded at $1.8 billion, $213 million more than

in FY2000, and $88 million more than requested.

! Various discretionary Health Resources and Services Administration programs

are funded at $901 million, including $226 million for Health Care and

Facilities and $140 million for Health Care Access for the Uninsured; the total

amount is $251 million more than in FY2000, and $300 million more than

requested.

! CDC programs are funded at $3.9 billion, $825 million more than the FY2000

amount, and $609 million more than requested.

! The NIH is provided $20.3 billion, $2.6 billion more than in FY2000, and $1.5

billion more than requested.

! SAMHSA activities are funded at $3.0 billion, $307 million more than in

FY2000 and $135 million more than requested.

! HCFA Program Management is funded at $2.2 billion, $198 million more than

in FY2000 and $108 million more than requested.

! LIHEAP advance appropriation is eliminated; the current level is $1.1 billion,

and the request was for level funding. The LIHEAP Emergency Allocation is

funded at $300 million, the same as requested but a $600 million decrease from

the FY2000 amount. An additional $300 million is provided for current year

operations; similar funding was not requested, nor was it provided in FY2000.

The conferees state that they intend to provide at least $1.4 billion in regular

appropriations, and $300 million in emergency appropriations, in FY2002 (p.

154, H.Rept. 106-1033).

! The CCDBG is provided $817 million, $366 million less than the FY2000

amount, and $2.0 billion less than requested. The conferees state that they

CRS-27

intend to provide at least $2.0 billion for the program in FY2002 (p. 155,

H.Rept. 106-1033)

! Head Start is funded at $6.2 billion, $933 million more than in FY2000, but

$67 million less than requested.

! The Administration on Aging is funded at $1.1 billion, $170 million more than

in FY2000, and $19 million more than requested.

! The Public Health and Social Services Fund (PHSSF) is funded at $241

million, $134 million less than in FY2000, but $46 million more than requested.

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

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

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

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

Amendment, these provisions generally apply to all L-HHS-ED funds; Medicaid is the

largest program affected. The 103rd Congress modified the provisions to permit

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

Appropriations Act, P.L. 105-78, extended the Hyde provisions to prohibit the use

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

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

Amendment provisions were continued, along with a clarification to ensure that the

Hyde Amendment applies to all trust fund programs (namely, Medicare) funded by

the FY1999 L-HHS-ED Appropriations Act, P.L. 105-277, as well as an assurance

that Medicare + Choice plans cannot require the provision of abortion services. Both

the FY2000 and FY2001 L-HHS-ED Appropriations Acts retained the FY1999

language without amendment (these provisions are found in §508 and §509 in the

FY2001 L-HHS-ED Appropriations Act).7

For Additional Reading

CRS Electronic Briefing Book.

Tobacco Briefing Book

[http://www.congress.gov/brbk/html/ebtob1.html]

CRS Issue Briefs.

CRS Issue Brief IB95095, Abortion: Legislative Response, by Karen J. Lewis, et al.

CRS Issue Brief IB10044, Immigration Legislation and Issues in the 106th Congress,

by Andorra Bruno, Coordinator.

CRS Issue Brief IB98017, Patient Protection and Managed Care: Legislation in the

106th Congress, by Jean P. Hearne.

CRS Issue Brief IB10051, Research and Development Funding: Fiscal Year 2001,

by Michael E. Davey, Coordinator.

CRS Issue Brief IB98037, Tax Benefits for Health Insurance: Current Legislation,

by Bob Lyke.

CRS Issue Brief IB93034, Welfare Reform: An Issue Overview, by Vee Burke.

For additional information, see CRS Issue Brief IB95095, Abortion: Legislative Response,

by Karen J. Lewis and Thomas P. Carr.

CRS-28

CRS Reports.

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

CRS Report 96-293, AIDS Funding for Federal Government Programs: FY1981FY2001, by Judith A. Johnson.

CRS Report RL30731, AIDS: Ryan White CARE Act, by Judith A. Johnson and

Paulette L. Como.

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

and Mortality Statistics, by Judith A. Johnson and Janet Kinzer.

CRS Report RL30021, Child Care Issues in the 106th Congress, by Melinda Gish and

Karen Spar.

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

CRS Report RS20124, Community Services Block Grants: Background and

Funding, by Karen Spar.

CRS Report RS20385, Connecting Fathers to Their Children: Fatherhood

Legislation in the 106th Congress, by Carmen Solomon-Fears.

CRS Report RS20194, Developmental Disabilities Act: 106th Congress Legislation,

by Paul J. Graney.

CRS Report RS20470, The Earned Income Tax Credit: Current Issues and Benefit

Amounts, by Melinda T. Gish.

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

CRS Report RL30006, Genetic Information:

Legal Issues Relating to

Discrimination and Privacy, by Nancy Lee Jones.

CRS Report RS20537, Head Start: Background and Funding, by Alice Butler and

Melinda Gish.

CRS Report RL30254, Long-Term Care: The President’s FY2001 Budget Proposals

and Related Legislation, by Carol O’Shaughnessy, et al.

CRS Report 94-211, The Low-Income Home Energy Assistance Program (LIHEAP),

by Melinda Gish.

CRS Report 97-350, Maternal and Child Health Block Grant, by Sharon Kearney.

CRS Report RL30483, Medical Research Funding: Summary of a CRS Seminar on

Challenges and Opportunities of Proposed Large Increases for the National

Institutes of Health, by John K. Iglehart, Contractor, and Pamela W. Smith,

Coordinator.

CRS Report RL30109, Medicare and Medicaid Organ Transplants, by Sibyl Tilson.

CRS Report RL30707, Medicare Provisions in H.R. 5661: Medicare, Medicaid, and

SCHIP Benefits Improvement and Protection Act of 2000, by Hinda Ripps

Chaikind, et al.

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

Smith.

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

O’Shaughnessy and Paul J. Graney.

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

Act), by Melinda Gish.

CRS Report RS20628, State Children’s Hospital Insurance Program (SCHIP):

Funding Changes in the 106th Congress, by Evelyne P. Baumrucker.

CRS Report RS20523, Stem Cell Research, by Judith A. Johnson and Brian A.

Jackson.

CRS-29

CRS Report RS20623, The Substance Abuse and Mental Health Services

Administration (SAMHSA): An Overview, by C. Stephen Redhead.

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

CRS Report RS20195, Violence Against Women Act: Reauthorization, Federal

Funding and Recent Developments, by Alison Siskin.

CRS Report RL30471, Violent Crime Reduction Trust Fund: An Overview, by David

L. Teasley.

CRS Report RS20619, Welfare Reform: Summary of Financing and Recent

Spending Trends in the TANF Program, by Gene Falk and Jacqueline Cooke.

Selected World Wide Web Sites.

U.S. Department of Health and Human Services

[http://www.hhs.gov]

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

[http://www.hhs.gov/asmb/budget/fy2001.html]

[http://www.hhs.gov/news/speeches/20000207.html]

[http://www.hhs.gov/asmb/budget/testimony.html]

Detailed Appropriation Table

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

DHHS.

CRS-30

Table 8. Detailed Department of Health and Human Services

Appropriations

($ in millions)

Office or major program

FY2000

final a

FY2001

request

Public Health Service (PHS)

Health Resources and Services

Administration (HRSA),

1,019

1,069

Community Health Centers

HRSA National Health Service

117

Corps

HRSA Health Professions

342

298

HRSA Maternal and Child

709

Health Block Grant

HRSA Ryan White AIDS

1,595

1,720

Programs

HRSA Family Planning (Title X)

239

274

HRSA Vaccine Injury

114

Compensation (mandatory)

HRSA, other

650

601

HRSA subtotal

4,733

4,902

Centers for Disease Control and

3,043

3,259

Prevention (CDC)

National Institutes of Health

17,749

18,813

(NIH) b

Substance Abuse and Mental

Health Services Administration

356

416

(SAMHSA) Mental Health Block

Grant

SAMHSA Substance Abuse

1,600

1,631

Block Grant

SAMHSA, Other

695

776

SAMHSA subtotal

2,651

2,283

Agency for Healthcare Research

110

and Quality (AHRQ)

AHRQ service level (non-add)

199

250

PHS subtotal

28,286

29,797

Health Care Financing Administration (HCFA)

Medicaid Grants to States

117,972

129,794

(mandatory)

Payments to Medicare Trust

69,289

70,382

Funds (mandatory)

HCFA Program Management

1,996

2,086

HCFA subtotal 189,257

202,262

Administration for Children and Families (ACF)

Family Support Payments to

States (Welfare, Child Support)

3,225

3,889

(mandatory)

FY2001

House

FY2001

Senate

FY2001

conference

1,100

1,169

121

117

129

411

231

588

709

714

1,725

1,650

1,808

239

254

114

516

4,935

554

4,798

901

5,677

3,386

3,252

3,868

18,813

20,513

20,313

416

366

420

1,631

1,665

681

2,728

734

2,731

873

2,958

124

105

224

29,988

270

31,294

270

32,921

129,794

70,382

1,866

202,042

2,019

202,195

2,194

202,370

3,889

CRS-31

Office or major program

FY2000

final a

FY2001

request

FY2001

House

FY2001

Senate

Low Income Home Energy

1,100

Assistance Program (LIHEAP)

LIHEAP Additional Current

Year

LIHEAP Emergency Allocation c

900

300

Refugee and Entrant Assistance

426

433

426

Child Care and Development

1,183

2,817

2,400

817

Block Grant (CCDBG)

Social Services Block Grant

1,775

1,700

600

(Title XX) (mandatory)

Children and Family Services

5,267

6,267

5,667

6,267

Programs (CFSP), Head Start

CFSP Child Welfare Services

292

CFSP Developmental Disabilities

122

127

CFSP Community Services Block

528

510

528

550

Grant

CFSP Violent Crime Reduction

118

134

118

134

CFSP, other

501

481

504

526

Rescission of mandatory

-21

appropriations

Promoting Safe and Stable

295

305

Families (mandatory)

Foster Care and Adoption

Assistance State Payments

5,915

6,604

6,599

6,604

(mandatory)

ACF subtotal

21,626

24,954

23,936

20,816

Administration on Aging

933

1,084

926

955

Office of the Secretary, Public

375

195

255

215

Health/Social Services Fund

Retirement Pay and Medical

Benefits, Commissioned Officers

215

220

(mandatory)

Office of the Secretary, Other

339

264

332

337

TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Total Appropriations d 241,031

258,865

257,696

256,030

FY2001

conference

300

433

817

1,725

6,200

292

134

600

134

596

-21

305

6,599

22,303

1,103

241

220

370

259,579

Current Year: FY2001

204,552

215,421

214,223

215,686

219,205

FY2002

36,480

43,443

43,473

40,343

40,373

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and the FY2000 Supplemental Appropriations, P.L. 106-246.

The House bill appropriates $20.5 billion for NIH, but restricts obligations to the budget request

amount of $18.8 billion (§213); the latter amount is used for subtotals and totals in this table.

The original FY2000 LIHEAP Emergency Allocation was $300 million. The Emergency

Supplemental Act, 2000 (P.L. 106-245) increased this appropriation to $900 million.

Appropriation totals include discretionary and mandatory funds, and may be subject to additional

scorekeeping and other adjustments.

CRS-32

U.S. Department of Education

Discretionary appropriations for the U.S. Department of Education (ED) are

shown in Table 9. Because appropriations may consist of mixtures of budget

authority enacted in various years, two summary measures are used. Program level

reflects the appropriations in the current bill, regardless of the year in which they will

be spent. Current year represents appropriations for the current year; the source

may be either the current bill or a prior enactment, and the amount is similar to what

is counted for the 302(b) allocations ceilings. A discussion of advance appropriations

as they relate to 302(b) allocations may be found below (see page 36).

Table 9. Department of Education Discretionary Appropriations

($ in billions) a

FY2000

final b

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Program level (from the

current bill for any year)

$35.6

$40.1

$37.1

$40.3

$42.1

Current year (for the current

year from any bill)

29.4

40.1

37.1

38.0

40.0

Advances for future years

(from the current bill)

12.4

14.7

14.6

Advances from prior years

(from previous bills)

6.2

12.4

Type of funding

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

These amounts represent only discretionary programs funded in the L-HHS-ED appropriation bill;

appropriations for mandatory programs are excluded.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and on the FY2000 Supplemental Appropriations, P.L. 106-246.

A single mandatory ED program is included in the L-HHS-ED bill — the

Vocational Rehabilitation State Grants program — funded at $2.3 billion in FY2000.

Key Issues

President’s Request. The amount of Federal support for education has been

a priority of both the Congress and the President in recent years, and the FY2001

budget request for ED continues to reflect that emphasis. Under the request, funding

would be increased for a variety of ED programs that focus on school improvement,

student achievement, effective practices, and school choice. Additional support is

requested for improving teacher quality, modernizing schools, meeting the needs of

special student populations, reaching and completing a postsecondary education, and

making college affordable. Hispanic Education receives special attention to overcome

the challenges of language and cultural barriers to education.

CRS-33

Discretionary increases of at least $100 million requested for ED programs under

the President’s FY2001 budget include the following.

! The largest ED discretionary increase requested (in terms of absolute dollars)

is an initial $1.3 billion for a School Renovation Initiative to assist local

educational agencies (LEAs) repair or renovate their schools. The amount

would include $175 million in grants to LEAs, and the remainder to support

7-year, interest free loans to LEAs.

! Education Technology programs would be increased $137 million to provide

additional assistance to teachers and schools in the use of technology and

telecommunications for elementary and secondary education; the FY2000

amount was $766 million.

! An increase of $547 million is proposed for 21st Century Community Learning

Centers for grants that support school-based programs providing multiple

services to meet the needs of the community; the FY2000 amount was $453

million.

! $120 million is proposed for a Small, Safe, and Successful High Schools

Initiative to improve the learning environments in the Nation’s 700 largest high

schools; $45 million was provided in FY2000.

! An additional $417 million is requested for the $7.9 billion Title I Grants to

LEAs for the Education of the Disadvantaged, the largest federal formula grant

program for elementary and secondary education.

! An initial $690 million is proposed for a Teaching to High Standards Initiative,

a new formula grant program for professional development and classroom

improvement to replace the existing $335 million Eisenhower Professional

Development program.

! $450 million more is requested for the Class Size Reduction and Teacher

Assistance program, which was funded at $1.3 billion in FY2000 and was first

initiated under the FY1999 appropriations.

! $373 million more is requested for various other School Improvement

activities, more than doubling the $290 million available for these programs in

FY2000. The additional funds would be used primarily in the area of teacher

quality initiatives.

! $298 million more is requested for the $5.8 billion Special Education State

Grants program of the Individuals with Disabilities Education Act (IDEA).

! An increase of $716 million is requested for the $7.6 billion Pell Grant program

to increase access to a postsecondary education for students from low-income

families. The proposed maximum award would be increased by $200 to

$3,500.

! $125 million more is proposed for Gaining Early Awareness and Readiness for

Undergraduate Programs (GEAR UP), which was funded at $200 million in

FY2000.

Decreases requested in the President’s budget include the following:

! $408 million less would be provided for Goals 2000: Educate America Act

programs, which was funded at $491 million in FY2000; the decrease

corresponds with the repeal of major program components in FY2000.

! $136 million less would be provided for the $906 million Impact Aid programs.

CRS-34

! No funds are requested for either the $335 million Eisenhower Professional

Development program or the $366 million Innovative Program Strategies

(education block grant) program; however, these funds would be more than

offset by new teacher initiatives and other School Improvement activities.

! Like its DOL counterpart, the $55 million ED portion of the School-to-Work

Opportunities Act program would be terminated in FY2001, as specified in the

sunset provision of its authorization.

House Bill. As passed, the House bill does not accept all the funding changes

proposed in the President’s FY2001 budget.

! 21st Century Community Learning Centers would receive $600 million, $400

million less than requested but $147 million more than in FY2000.

! Title I Grants to LEAs would be funded at $7.9 billion, $417 million less than

requested but the same as in FY2000.

! Impact Aid would receive $985 million, $215 million more than requested and

$79 million more than in FY2000.

! The bill would fund Innovative Education Program Strategies at $366 million,

the same as in FY2000; the President requested program termination.

! The bill would fund the Teacher Empowerment Act, if authorized, at $1.8

billion. This Act would replace the Class Size Reduction program, for which

the President requested $1.8 billion. Class Size Reduction was funded at $1.3

billion in FY2000.

! Other School Improvement activities would be funded at $340 million, $329

million less than requested but $44 million more than in FY2000. In particular,

the House did not fund a series of small national program initiatives requested

by the President

! IDEA Special Education State Grants would be increased to $6.3 billion, $202

million more than the request and $500 million more than in FY2000.

! GEAR UP would receive $200 million, the same as the FY2000 level but $125

million less than the request.

! The House bill would not fund several of the President’s FY2001 initiatives,

including Small, Safe, Successful High Schools ($120 million requested),

Teaching to High Standards ($690 million), and School Renovation ($1.3

billion).

Senate Bill. As passed, the Senate bill differs from the House bill with regard

to several programs.

! Education Technology programs would be funded at $795 million, $110

million less than the House amount but $29 million more than in FY2000.

! Title I Grants to LEAs would receive $8.3 billion, $395 million more than the

House amount and the FY2000 level.

! The bill would provide $651 million for other programs for the Education of

the Disadvantaged, $225 million less than the House amount and $109 million

less than the FY2000 amount. In particular, the bill would provide no funds

for the Comprehensive School Reform Demonstration program, funded at

$170 million in FY2000.

CRS-35

! Eisenhower Professional Development program would be funded at $435

million, $100 million more than the FY2000 level; the House bill would

provide no funds for this program.

! Innovative Education Program Strategies program would receive $3.1 billion,

$2.7 billion more than the House amount and the FY2000 amount. The

additional amount would be reserved for LEAs to be used “as part of a local

strategy for improving academic achievement” that might include the

recruitment and training of qualified teachers, class size reduction, or school

construction or renovation.

! No funds would be provided for the Class Size Reduction program, funded at

$1.3 billion in FY2000; the House bill would provide $1.8 billion for a Teacher

Empowerment Act.

! IDEA Special Education State Grants would be funded at $7.1 billion, $0.8

billion more than the House amount and $1.3 billion more than the FY2000

level.

! Pell Grants would receive $8.7 billion, $384 million more than the House

amount and $1.1 billion more than the FY2000 amount. The Senate bill would

increase the maximum grant to $3,650. The FY2000 maximum award was

$3,300; both the House bill and the President’s budget would set the maximum

at $3,500.

Public Law. Under the conference agreement, the largest changes in funding

from FY2000 to FY2001 for ED programs are as follows.

! The FY2001 bill provides $38 million for programs authorized by Goals 2000:

Educate America Act, $453 million less than in FY2000, and $45 million less

than requested.

! Education Technology is funded at $872 million, $106 million more than in

FY2000, but $31 million less than requested.

! $846 million is provided for 21st Century Community Learning Centers, $393

million more than in FY2000, but $154 million less than requested.

! Title I Grants to LEAs for the Education of the Disadvantaged program is

funded at $8.6 billion, $661 million more than in FY2000, and $244 million

more than requested.

! Other programs for the Education of the Disadvantaged are funded at $931

million, $171 million more than in FY2000, and $139 million more than

requested.

! Eisenhower Professional Development is provided $485 million, $150 million

more than in FY2000; no funds were requested.

! The Class Size Reduction program is funded at $1.6 billion, $323 million more

than in FY2000, but $127 million less than requested.

! $1.2 billion is provided for the initial funding of the School Repair and

Renovation program, $100 million less than requested.

! Other School Improvement activities are funded at $425 million, $129 million

more than in FY2000, but $244 million less than requested.

! The IDEA Special Education State Grants program is provided $7.1 billion,

$1.4 billion more than in FY2000, and $1.1 billion more than requested.

! Pell Grants are funded at $8.8 billion, $1.1 billion more than in FY2000, and

$400 million more than requested. The Pell Grant maximum award is

CRS-36

increased to $3,750, which is $450 more than in FY2000, and $250 more than

requested.

! Aid for Institutional Development is funded at $393 million, $100 million more

than in FY2000, and $4 million more than requested.

! Fund for the Improvement of Education (FIE) is provided $349 million, $150

million more than in FY2000, and $212 million more than requested.

Forward Funding and Advance Appropriations. Many of the larger ED

programs have either authorization or appropriation provisions that allow funding

flexibility for school program years that differ from the federal fiscal year. For

example, some of the elementary and secondary education formula grant programs

receive funding through appropriations that become available for obligation to the

states on July 1 of the same year as the appropriations, and remain available through

the end of the following fiscal year. That is, FY2001 appropriations for some

programs will become available for obligation to the states on July 1, 2001, and will

remain available for a 15-month period until September 30, 2002. This budgetary

procedure is popularly known as “forward” or “multi-year” funding, and is

accomplished through funding provisions in the L-HHS-ED appropriations bill.

Forward funding in the case of elementary and secondary education programs

was designed to allow additional time for school officials to develop budgets in

advance of the beginning of the school year. For Pell Grants, however, aggregate

program costs for individual students applying for postsecondary educational

assistance cannot be known with certainty ahead of time. Appropriations from one

fiscal year primarily support Pell Grants during the following academic year, that is,

the FY2001 appropriation will support the 2001-2002 academic year. Unlike forward

funded programs, however, the funds remain available for obligation for 2 full fiscal

years. Thus, if cost estimates turn out to be too low, funds may be borrowed from

the following year’s appropriations, or conversely, if the estimates are too high, the

surplus may be obligated during the following year.

An advance appropriation occurs when the appropriation is provided for a fiscal

year beyond the fiscal year for which the appropriation was enacted. In the case of

FY2001 appropriations, funds would normally become available October 1, 2000,

under regular funding provisions, but would not become available until July 1, 2001,

under the forward funding provisions discussed above. However, if the July 1, 2001

forward funding date were to be postponed for obligation by 3 months, until

October 1, 2001, the appropriation would be classified as an “advance appropriation”

since the funds would become available only in the next fiscal year (FY2002). For

Title I Grants to LEAs, the FY1998 appropriation of $7.4 billion was split — $6.0

billion of forward funding, and $1.4 billion as an advance appropriation. For FY1999,

$7.7 billion was split so that $1.5 billion was for forward funding and $6.2 billion was

an advance appropriation. The FY2000 appropriation was $7.9 billion for Title I

Grants to LEAs, with forward funding of $1.7 billion (available July 1, 2000), plus an

advance appropriation of $6.2 billion (available October 1, 2000).

What is the impact of these changes in funding provisions? At the program or

service level, relatively little is changed by the 3-month delay in the availability of

funds, since most expenditures for a standard school year occur after October 1. At

CRS-37

the appropriations level, however, a significant technical difference occurs because

forward funding is counted as part of the current fiscal year, and is therefore fully

included in the current 302(b) allocation for discretionary appropriations. Under

federal budget scorekeeping rules, an advance appropriation is not counted in the

302(b) allocation until the following year. In essence, a 3-month change from

forward funding to an advance appropriation for part or all of the annual

appropriations for a given program allows a one-time shift from the current year to

the next year in the scoring of discretionary appropriations.8

For Additional Reading

CRS Electronic Briefing Book.

K-12 Education Briefing Book

[http://www.congress.gov/brbk/html/ebedd1.html]

CRS Issue Briefs.

CRS Issue Brief IB10029, Education for the Disadvantaged: ESEA Title I

Reauthorization Issues, by Wayne Riddle.

CRS Issue Brief IB98013, Elementary and Secondary Education Block Grant

Proposals in the 106th Congress, by Wayne C. Riddle and Paul M. Irwin.

CRS Issue Brief IB10066, Elementary and Secondary: Reconsideration of the

Federal Role by the 107th Congress, by Wayne Riddle and James Stedman.

CRS Issue Brief IB98035, School Choice: Current Legislation, by Wayne Riddle

and James Stedman.

CRS Reports.

CRS Report RL30106, Adult Education and Family Literacy Act, Title II of the

Workforce Investment Act of 1998, P.L. 105-220, by Paul M. Irwin.

CRS Report RS20447, Class Size Reduction Program: Background and Status, by

James B. Stedman.

CRS Report RS20674, Education Research, Program Evaluation, Statistics, and

Dissemination: Legislation by the 106th Congress, by Wendy K.K. Lam.

CRS Report RS20156, Elementary and Secondary School Teachers: Action by the

106th Congress, by James B. Stedman.

CRS Report RL30448, Even Start Family Literacy Programs: Background and

Reauthorization Issues, by Gail McCallion and Wayne Riddle.

CRS Report 98-676, Federal Elementary and Secondary Programs: Ed-Flex and

Other Forms of Flexibility, by Wayne Riddle.

CRS Report RL30568, Goals 2000: Implementation, Impact, and Action by the

106th Congress, by James B. Stedman.

CRS Report RL30075, Impact Aid: Overview and Reauthorization Issues, by

Richard N. Apling.

For additional information on budget enforcement procedures, see CRS Report 98-720,

Manual on the Federal Budget Process, by Robert Keith and Allen Schick.

CRS-38

CRS Report 97-433, Individuals with Disabilities Education Act: Full Funding of

State Formula, by Richard N. Apling.

CRS Report RS20366, Individuals with Disabilities Education Act (IDEA):

Overview of Major Provisions, by Richard Apling and Nancy Lee Jones.

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

Education: Current Status and Federal Support, by Patricia Osorio-O’Dea.

CRS Report 98-67, Internet: An Overview of Key Technology Policy Issues

Affecting Its Use and Growth, by Marcia S. Smith, et al.

CRS Report RS20036, Internet — Protecting Children from Unsuitable Material

and Sexual Predators: Overview and Pending Legislation, by Marcia S. Smith.

CRS Report RL30663, The Reading Excellence Act: Implementation Status and

Issues, by Gail McCallion.

CRS Report RS20532, The Safe and Drug-Free Schools and Communities Act:

Reauthorization and Appropriations, by Edith Fairman Cooper.

CRS Report RS20171, School Facilities Infrastructure: Background and Legislative

Proposals in the 106th Congress, by Susan Boren.

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

CRS Report 98-969, Technology Challenge Programs in the Elementary and

Secondary Education Act, by Patricia Osorio-O’Dea.

CRS Report 98-957, TRIO and GEAR UP Programs: Provisions and Status, by

James B. Stedman.

CRS Report RL30306, 21st Century Community Learning Centers: An Overview of

the Program and Analysis of Reauthorization Issues, by Gail McCallion.

Selected World Wide Web Sites.

U.S. Department of Education Home Page

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

[http://www.ed.gov/offices/OUS/budget.html]

[http://www.ed.gov/offices/OUS/Budget01/]

[http://www.ed.gov/offices/OUS/Budget01/BudgetSumm/]

[http://www.ed.gov/offices/OUS/budnews.html]

[http://www.ed.gov/Speeches/02-2000/20000207.html]

Detailed Appropriation Table

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

CRS-39

Table 10. Detailed Department of Education Appropriations

($ in millions)

Office or major program

FY2000

final a

FY2001

request

Office of Elementary and Secondary Education (OESE)

Goals 2000: Educate America

491

Act

School-to-Work Opportunities

Educational Technology

766

903

21 Century Community

453

1,000

Learning Centers

Small, Safe, Successful High

120

Schools Initiative

Title I Education for the

7,941

8,358

Disadvantaged, Grants to LEAs

Education for the Disadvantaged,

760

792

Other

Impact Aid

906

770

School Improvement (SI),

Eisenhower Professional

335

Development

SI Innovative Education Program

366

Strategies

SI Teaching to High Standards

690

Initiative

SI Class Size Reduction, Teacher

1,300

1,750

Empowerment b

SI Safe and Drug-Free Schools

600

650

SI Magnet Schools

110

SI School Repair and Renovation

1,300

SI, other

296

669

Reading Excellence Act

260

286

Indian Education

116

OESE subtotal 14,761

17,597

Bilingual and Immigrant

406

460

Education

Office of Special Education and Rehabilitative Services

IDEA Special Education, State

5,755

6,053

Grants

IDEA Special Education,

282

316

National Activities

Vocational Rehabilitation State

2,339

2,400

Grants (mandatory)

Rehabilitation Services, other

368

399

Special Institutions for Persons

144

150

With Disabilities

Office of Vocational and Adult Education

Vocational Education

1,193

1,184

Adult Education

470

556

FY2001

House

FY2001

Senate

FY2001

conference

905

795

872

600

846

125

7,941

8,336

8,602

876

651

931

985

1,075

993

435

485

366

3,100

385

1,750

1,623

599

110

340

260

108

14,840

642

110

386

286

116

16,572

644

110

1,200

425

286

116

17,681

406

443

460

6,255

7,053

7,113

295

300

327

2,400

377

400

406

154

155

1,228

491

1,214

491

1,243

561

CRS-40

FY2001

request

FY2001

House

FY2001

Senate

Incarcerated Youth Offenders

Office of Student Financial Assistance Programs

Pell Grants

7,640

8,356

Pell Grants, maximum awards

3,300

3,500

(in dollars, non-add)

Supplemental Educational

631

691

Opportunity Grants

Federal Work-Study

934

1,011

Federal Perkins Loans, Capital

100

Contributions

Federal Perkins Loans, Loan

Cancellations

Leveraging Educational

Assistance Partnership (LEAP)

Loan Forgiveness for Child Care

Federal Family Education Loans,

Administration

Office of Postsecondary Education

Aid for Institutional

293

389

Development

Federal TRIO Programs

645

725

GEAR UP

200

325

Other Higher Education

393

357

Howard University

219

224

College Housing and Academic

Facilities Loans, Administration

Office of Educational Research and Improvement

Research and Statistics

277

325

Fund for the Improvement of

199

137

Education

Other Research and Improvement

Departmental Management

488

526

TOTALS, DEPARTMENT OF EDUCATION

Total Appropriations c 37,945

42,495

8,308

8,692

8,756

3,500

3,650

3,750

691

1,011

100

389

358

393

760

200

339

226

737

225

374

224

730

295

494

232

277

287

306

145

142

349

488

505

526

39,542

42,675

44,491

Office or major program

FY2000

final a

FY2001

conference

Current Year: FY2001

25,497

30,047

27,094

27,926

29,910

FY2002

12,448

14,748

14,581

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and the FY2000 Supplemental Appropriations, P.L. 106-246.

The FY2001 House appropriation is contingent on enactment of the Teacher Empowerment Act.

Appropriation totals include discretionary and mandatory funds, and may be subject to additional

scorekeeping and other adjustments.

CRS-41

Related Agencies

Discretionary appropriations for the L-HHS-ED Related Agencies are shown in

Table 11. Because appropriations may consist of mixtures of budget authority

enacted in various years, two summary measures are used. Program level reflects the

appropriations in the current bill, regardless of the year in which they will be spent.

Current level represents appropriations for the current year; the source may be either

the current bill or a prior enactment, and the amount is similar to what is counted for

the 302(b) allocations ceilings. A discussion of advance appropriations as they relate

to 302(b) allocations may be found in the U.S. Department of Education section (see

page 36).

Table 11. Related Agencies Discretionary Appropriations

($ in billions) a

FY2000

final b

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Program level (from the

current bill for any year)

$8.2

$8.8

$8.6

$8.8

Current year (for the current

year from any bill)

8.1

8.7

8.5

8.7

Advances for future years

(from the current bill)

0.4

Advances from prior years

(from previous bills)

0.3

Type of funding

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

These amounts represent only discretionary programs funded by the L-HHS-ED appropriation bill;

appropriations for mandatory programs are excluded.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and on the FY2000 Supplemental Appropriations, P.L. 106-246.

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

funded at $30.3 billion in FY2000, including $29.6 billion for the Supplemental

Security Income (SSI) program and $0.5 billion for Special Benefits for Disabled Coal

Miners.

Key Issues

President’s Request. The President’s FY2001 budget for related agencies

includes increases in discretionary spending of at least $100 million for the following.

! $298 million additional is proposed for the SSA Limitation on Administrative

Expenses, which was funded at $4.2 billion in FY2000.

CRS-42

! An increase of $238 million is requested for discretionary activities related to

the SSI program, primarily administrative activities; the FY2000 funding level

was $2.4 billion.

Smaller increases are proposed for Corporation for National and Community

Service (CNS) programs ($18 million); the Corporation for Public Broadcasting

(CPB), including the CPB Digitalization program ($15 million and $75 million,

respectively); and the National Labor Relations Board (NLRB) ($10 million).

Reductions are requested for several Related Agencies programs, including the

Railroad Retirement Board ($11 million).

House Bill. As passed, the House bill does not accept all the funding changes

proposed in the President’s FY2001 budget.

! The House bill would provide $2.4 billion for discretionary activities related

to the SSI program, $227 million less than requested but $11 million more than

the FY2000 amount.

! $4.5 billion would be provided for activities funded under the SSA Limitation

on Administrative Expenses, $71 million more than requested and $360 million

more than in FY2000.

! A provision of the House bill (§514) would move the delivery date of the

October 2000 SSI benefits payment of $2.4 billion from October 2, 2000

(FY2001) back to September 29, 2000 (FY2000).

Senate Bill. As passed, the Senate bill differs from the House bill with regard

to several programs.

! The Senate proposal would provide $2.7 billion for SSI discretionary activities,

$227 million more than the House bill and $238 million more than in FY2000.

! $4.4 billion would be provided for the SSA Limitation on Administrative

Expenses, $194 million below the amount proposed by the House but $166

million more than in FY2000.

! A provision of the Senate bill, as reported (§515), would have moved the

October 2000 SSI benefits payment of $2.4 billion from October 2, 2000, to

September 29, 2000, but this provision was deleted on the Senate floor.9

Public Law. Under the conference agreement, the largest changes in funding

from FY2000 to FY2001 for related agency programs are as follows.

! The FY2001 bill provides $2.7 billion for discretionary activities related to the

SSI program, $228 million more than the FY2000 amount, but $10 million less

than requested.

A similar provision has been enacted as part of the Emergency Supplemental Act, 2000

(Division B of P.L. 106-246, §5105); see discussion in Related Legislation, p. 48. September

29, 2000 (FY2000), was the payment date for October 2000 SSI benefit payments prior to

the enactment of §5527 of the Balanced Budget Act of 1997, P.L. 105-33, which reset the SSI

payment date as October 2, 2000 (FY2001).

CRS-43

! The SSA Limitation on Administrative expenses is funded at $4.5 billion, $289

million more than for FY2000, and the same as the amount requested.

! $207 million is provided for the Institute of Museum and Library Services

(IMLS) programs authorized by the Library Services and Technology Act, $41

million more than in FY2000, and $34 million more than requested.

For Additional Reading

CRS Electronic Briefing Book.

Social Security Briefing Book

[http://www.congress.gov/brbk/html/ebssc1.html]

CRS Issue Briefs.

CRS Issue Brief IB98048, Social Security Reform, by David S. Koitz and Geoffrey

Kollmann.

CRS Reports.

CRS Report RL30186, Community Service: A Description of AmeriCorps, Foster

Grandparents, and Other Federally Funded Programs, by Ann Lordeman and

Alice D. Butler.

CRS Report 97-755, National Labor Relations Act: Regulation of Unfair Labor

Practices, by Michael Schmerling.

CRS Report RS20548, Public Broadcasting: Frequently Asked Questions, by

Bernevia McCalip.

CRS Report RS20408, Railroad Retirement and Unemployment Benefits: A Fact

Sheet, by Rachel W. Kelly.

CRS Report RS20635, Railroad Retirement Legislation: An Overview of the

Railroad Retirement and Survivors Improvement Act of 2000 (H.R. 4844), by

Rachel W. Kelly.

CRS Report 98-422, Social Security and the Federal Budget: What Does Social

Security’s Being “Off Budget” Mean?, by David Stuart Koitz.

CRS Report RS20165, Social Security “Lock Box”, by David Stuart Koitz.

CRS Report 94-486, Supplemental Security Income (SSI): A Fact Sheet, by Carmen

Solomon-Fears and Rachel Kelly.

CRS Report RS20019, Supplemental Security Income (SSI): Fraud Reduction and

Overpayment Recovery, by Carmen Solomon-Fears.

CRS Report RS20419, VISTA and the Senior Volunteer Service Corps: Description

and Funding Levels, by Ann Lordeman.

CRS-44

Selected World Wide Web Sites.10

Armed Forces Retirement Home

[http://www.afrh.com]

Corporation for National and Community Service

[http://www.cns.gov]

[http://www.cns.gov/news/2000_1_11_1.html]

Corporation for Public Broadcasting

[http://www.cpb.org]

Federal Mediation and Conciliation Service

[http://www.fmcs.gov]

Institute of Museum and Library Services

[http://www.imls.gov]

[http://www.imls.gov/whatsnew/leg/leg_bdrq01.htm]

[http://www.imls.gov/whatsnew/leg/tst01lh.htm]

Medicare Payment Advisory Commission

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

National Commission on Libraries and Information Science

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

National Council on Disability

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

[http://www.ncd.gov/newsroom/testimony/wolters_3-30-00.html]

National Education Goals Panel

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

National Labor Relations Board

[http://www.nlrb.gov]

[http://www.nlrb.gov/press/truesdale_stmt2001.html]

[http://www.nlrb.gov/press/page_stmt2001.html]

Railroad Retirement Board

[http://www.rrb.gov]

[http://www.rrb.gov/FY2001chair.html]

Social Security Administration

[http://www.ssa.gov]

[http://www.ssa.gov/budget/]

Not all of the L-HHS-ED related agencies have web sites, and not all web sites include

FY2001 budget information.

CRS-45

United States Institute of Peace

[http://www.usip.org]

Detailed Appropriation Table

Table 12 shows the appropriation details for offices and major programs of the

L-HHS-ED related agencies.

CRS-46

Table 12. Detailed Related Agencies Appropriations

($ in millions)

Office or major program

Armed Services Retirement

Home

FY2000

final a

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Corporation for National and Community Service (CNS) b

CNS Volunteers in Service to

America (VISTA)

CNS National Senior Volunteer

Corps

183

193

182

187

189

CNS Program Administration

295

313

295

302

304

Corporation for Public

Broadcasting (CPB), 2-Year

Advance

350

365

CPB Digitalization Initiative,

with multi-year advances c

CPB Supplementals and

Rescissions

-1

Federal Mediation and

Conciliation Service

Federal Mine Safety and Health

Review Committee

Institute of Museum and Library

Services (IMLS), Library

Services and Technology Act d

166

173

170

168

207

Medicare Payment Advisory

Commission

National Commission on

Libraries and Information

Science

National Council on Disability

National Education Goals Panel

National Labor Relations Board

206

216

206

216

National Mediation Board

Occupational Safety and Health

Review Commission

Railroad Retirement Board Dual

Benefits

259

248

250

248

251

CNS subtotal

CRS-47

Office or major program

FY2000

final a

FY2001

request

FY2001

House

FY2001

Senate

FY2001

conference

Social Security Administration (SSA)

SSA Special Benefits for

Disabled Coal Minors

(mandatory)

508

480

SSA Supplemental Security

Income (SSI) (mandatory)

29,618

31,164

SSA SSI, other

2,422

2,660

2,433

2,660

2,650

SSA Federal Funds, other

(mandatory)

SSA Limitation on

Administrative Expenses

4,185

4,474

4,545

4,351

4,474

SSA Office of Inspector General

SSA subtotal

36,820

38,871

38,708

38,744

38,857

Total Appropriations e

38,259

40,435

40,152

40,224

40,383

Current Year: FY2001

27,895

29,421

29,203

29,276

29,433

FY2002

10,014

10,619

10,584

FY2003

350

395

365

United States Institute for Peace

TOTALS, RELATED AGENCIES

Source: Amounts are compiled from the H.R. 4577 conference report, H.Rept. 106-1033.

The FY2000 amounts are based on P.L. 106-113 (reflecting the 0.38% general discretionary fund

reduction) and on the FY2000 Supplemental Appropriations, P.L. 106-246.

Funds are provided only for CNS Domestic Volunteer Service Act programs — the Corporation

also receives funds from the Veterans Affairs and Housing and Urban Development (VA/HUD)

Appropriations for AmeriCorps Grants and other programs under the National Community Service

Act ($437 million in FY2000).

The FY2000 CPB Digitalization funds were contingent on the enactment of a specific authorization

by September 30, 2000 (which did not happen). The FY2001 request includes $20 million for

FY2001, $35 million for FY2002, and $30 million for FY2003.

Funds are provided only for IMLS programs authorized by the Library Services and Technology

Act, — the Institute also receives funds from the Interior Appropriations for Museum Services

programs ($24 million in FY2000).

Appropriation totals include discretionary and mandatory funds, and may be subject to additional

scorekeeping and other adjustments.

CRS-48

Related Legislation

Several legislative items related to L-HHS-ED appropriations have been

considered by the 106th Congress; during the 2nd Session, a series of FY2001

continuing resolutions, the FY2000 supplemental appropriations, and the FY2001

budget resolution have been the focus of attention.

FY2001 Continuing Resolutions: P.L. 106-275, as Amended

A series of continuing resolutions are providing FY2001 appropriations on a

temporary basis for most ongoing L-HHS-ED projects and activities, including the

costs of direct loans and loan guarantees. These resolutions are necessary because

regular L-HHS-ED appropriations were not enacted by the start of FY2001 on

October 1, 2000.11 Funding under the continuing resolutions is provided at a rate of

operations not exceeding the “current rate,” under FY2000 conditions and program

authority. 12 New initiatives are prohibited. For programs with high spend out rates

that normally would occur early in the fiscal year, special restrictions are made to

prevent spending that would impinge on final funding decisions.

! 1st FY2001 Continuing Resolution, H.J.Res. 109, provides temporary

appropriations for L-HHS-ED programs for the period October 1 through

October 6, 2000, unless the regular appropriations were to be enacted sooner.

It passed the House by a vote of 415 to 2 on September 26, and passed the

Senate by a vote of 96 to 0 on September 28; it was signed into law by the

President September 29, 2000, as P.L. 106-275.

! 2nd FY2001 Continuing Resolution, P.L. 106-282 (H.J.Res. 110), extends

the provisions of P.L. 106-275 through October 14, 2000.

! 3rd FY2001 Continuing Resolution, P.L. 106-306 (H.J.Res. 111), extends

P.L. 106-275 through October 20, 2000.

! 4th FY2001 Continuing Resolution, P.L. 106-344 (H.J.Res. 114), extends

P.L. 106-275 through October 25, 2000.

! 5th FY2001 Continuing Resolution, P.L. 106-358 (H.J.Res. 115), extends

P.L. 106-275 through October 26, 2000.

! 6th FY2001 Continuing Resolution, P.L. 106-359 (H.J.Res. 116), extends

P.L. 106-275 through October 27, 2000.

! 7th FY2001 Continuing Resolution, P.L. 106-381 (H.J.Res. 117), extends

P.L. 106-275 through October 28, 2000.

! 8th FY2001 Continuing Resolution, P.L. 106-388 (H.J.Res. 118), extends

P.L. 106-275 through October 29, 2000.

For background on continuing resolutions, see CRS Report RL30343, Continuing

Appropriations Acts: Brief Overview of Resent Practices, by Sandy Streeter.

The term “current rate” as used in a continuing resolution refers to the amount of money

available for an activity during the previous fiscal year. This amount usually means the

appropriation for the previous year with adjustments for any supplemental appropriations,

rescissions, unobligated balances, and sometimes for advance appropriations provisions as

well. As a result, the current rate would not necessarily correspond to the FY2000 amounts

stated in this report.

CRS-49

! 9th FY2001 Continuing Resolution, P.L. 106-389 (H.J.Res. 119), extends

P.L. 106-275 through October 30, 2000.

! 10th FY2001 Continuing Resolution, P.L. 106-401 (H.J.Res. 120), extends

P.L. 106-275 through October 31, 2000.

! 11th FY2001 Continuing Resolution, P.L. 106-403 (H.J.Res. 121), extends

P.L. 106-275 through November 1, 2000.

! 12th FY2001 Continuing Resolution, P.L. 106-416 (H.J.Res. 122), extends

P.L. 106-275 through November 2, 2000.

! 13th FY2001 Continuing Resolution, P.L. 106-426 (H.J.Res. 123), extends

P.L. 106-275 through November 3, 2000.

! 14th FY2001 Continuing Resolution, P.L. 106-427 (H.J.Res. 124), extends

P.L. 106-275 through November 4, 2000.

! 15th FY2001 Continuing Resolution, P.L. 106-428 (H.J.Res. 84), extends

P.L. 106-275 through November 14, 2000.

! 16th FY2001 Continuing Resolution, P.L. 106-520 (H.J.Res. 125), extends

P.L. 106-275 through December 5, 2000.

! 17th FY2001 Continuing Resolution, P.L. 106-537 (H.J.Res. 126), extends

P.L. 106-275 through December 7, 2000.

! 18th FY2001 Continuing Resolution, P.L. 106-539 (H.J.Res. 127), extends

P.L. 106-275 through December 8, 2000.

! 19th FY2001 Continuing Resolution, P.L. 106-540 (H.J.Res. 128), extends

P.L. 106-275 through December 11, 2000.

! 20th FY2001 Continuing Resolution, P.L. 106-542 (H.J.Res. 129), extends

P.L. 106-275 through December 15, 2000.

! 21st FY2001 Continuing Resolution, P.L. 106-543 (H.J.Res. 133), extends

P.L. 106-275 through December 21, 2000.

FY2000 Supplemental Appropriations, P.L. 106-246 (H.R. 4425)

FY2000 supplemental appropriations and rescissions are enacted by Division B,

the Emergency Supplemental Act, 2000, of P.L. 106-246 (H.R. 4425, H.Rept. 106710).13 Division A of P.L. 106-246 is the Military Construction Appropriations Act,

2001, and Division C provides supplemental funds for the Cerro Grande fire earlier

this year near Los Alamos, New Mexico. The L-HHS-ED provisions of P.L. 106-246

include additional appropriations of: $600 million for the LIHEAP Emergency

Allocation; $35 million for Foster Care and Adoption Assistance; $31 million for the

National Pharmaceutical Stockpile under PHSSF; $12 million for international

HIV/AIDS programs at the CDC; $35 million for the SSA Limitation on

Administrative Expenses; and increases for several smaller programs or activities. In

addition, the bill includes $20 million in FY2001 funds for competitive grants at

HRSA to provide abstinence education to adolescents. Offsetting rescissions for

L-HHS-ED programs include $43 million in PHSSF appropriations and $20 million

in DHHS Departmental Management funds for FY2001. Under §5105, SSI benefit

payments for October 2000 would be delivered on September 29, 2000 (FY2000)

For details, see CRS Report RL30457, Supplemental Appropriations for FY2000: Plan

Columbia, Kosovo, Foreign Debt Relief, Home Energy Assistance, and Other Initiatives, by

Larry Nowels, et al.

CRS-50

instead of on October 2, 2000 (FY2001), as required under current law as amended

by §5527 of the Balanced Budget Act of 1997, P.L. 105-33.14 Under §5104, §216

of the FY2000 L-HHS-ED Appropriations is deleted; §216 delayed $5.0 billion in

obligations until the end of FY2000 for several DHHS activities, including NIH,

HRSA, CDC, Children and Family Services Programs, SSBG, and SAMHSA.

Only the conference version of H.R. 4425 included L-HHS-ED provisions and

not the earlier versions as initially passed by the House or the Senate. However,

similar L-HHS-ED supplemental appropriations would have been provided through

H.R. 3908 (H.Rept. 106-521) as passed by the House, amended, March 30, 2000

(roll call #95, 263-146), and through S. 2536, the Department of Agriculture

Appropriations, 2001 (S.Rept. 106-288), as reported by the Senate Appropriations

Committee May 9, 2000. The conference report for H.R. 4425 (H.Rept. 106-710)

was passed by the House June 29, 2000, by a vote of 306 to 110 (roll call #362), and

by the Senate June 30, 2000, by voice vote. H.R. 4425 was signed into law by the

President on July 13, 2000, as P.L. 106-246.

FY2001 Budget Resolution, H.Con.Res. 290/S.Con.Res. 101

The FY2001 concurrent resolution on the budget sets forth the annual levels for

the federal budget through FY2005.15 The resolution establishes the aggregate

discretionary spending limit for the 13 regular appropriations bills, known as the

301(a) allocation, and specifies the budget reconciliation process for the modification

of mandatory spending limits, if necessary. The resolution sets spending targets for

functional categories of the budget, and contains “sense of the Congress” provisions.

Report language indicates the funding assumptions made for selected programs that

might be used to reach the spending targets. However, the final spending figures for

departments and agencies — as well as programs, projects, and activities — are to be

enacted through individual appropriations bills. H.Con.Res. 290 (H.Rept. 106-530)

was passed by the House March 24, 2000 (roll call #75, 211-207). The text of

S.Con.Res. 101 (S.Rept. 106-251) was incorporated into H.Con.Res. 290 and passed

by the Senate April 7, 2000 (roll call #79, 51-45). The conference report (H.Rept.

106-577) was agreed to by the House (roll call #125, 220-208) and by the Senate

(roll call #85, 50-48) on April 13, 2000.

This same provision is included as §514 in the House version of H.R. 4577. A similar

provision was included in the Senate reported version of S. 2553 (§515). However, this

provision was deleted from the Senate-passed version H.R. 4577 under a point of order raised

by Senator Gramm during Senate floor consideration (see Congressional Record, daily

edition, June 28, 2000, p, S5979-84, S6030; and June 30, 2000, p. S6204).

For details, see CRS Issue Brief IB10052, The Budget for Fiscal Year 2001, by Philip D.

Winters.

CRS-51

Appropriations in the 106th Congress, First Session

Most L-HHS-ED appropriations for FY2000 were provided by P.L. 106-113,

informally known as the Consolidated Appropriations Act, 2000,16 which was

signed into law by the President on November 29, 1999 (H.R. 3194, conference

report H.Rept. 106-479). Section 1000(a)(4) of P.L. 106-113 enacted by cross

reference H.R. 3424, the FY2000 L-HHS-ED Appropriations.17 In addition,

§1000(a)(5) of P.L. 106-113 enacted by cross reference H.R. 3425, §301 of which

required a general reduction of FY2000 discretionary budget authority of 0.38%, to

be applied to each federal department and agency. Under this provision, no program,

project, or activity could be reduced by more than 15% of what would have otherwise

been provided through any Act for FY2000. Other legislation in the first session

related to L-HHS-ED appropriations included the following:

! P.L. 106-31, the 1999 Emergency Supplemental Appropriations Act, provided

supplemental appropriations and offsetting rescissions for a number of L-HHSED programs.18 H.R. 1141 (H.Rept. 106-64) passed the House March 24,

1999. S. 544 (S.Rept. 106-8) was amended and passed by the Senate on

March 23; subsequently, its text was incorporated into H.R. 1141 as an

amendment and was passed by the Senate on March 25, 1999. The conference

report (H.Rept. 106-143) was passed by the House on May 18 and by the

Senate May 20. As amended, H.R. 1141 was signed into law by the President

May 21, 1999.

! Seven continuing resolutions provided temporary FY2000 funding for LHHS-ED programs prior to the enactment of P.L. 106-113 on November 29,

1999 (P.L. 106-62, P.L. 106-75, P.L. 106-85, P.L. 106-88, P.L. 106-94, P.L.

106-105, and P.L. 106-106).19

! H.R. 3064 (conference report H.Rept. 106-416) would have provided FY2000

appropriations for both the District of Columbia and L-HHS-ED, with L-HHSED discretionary appropriations funded at approximately $1.4 billion below the

amount eventually enacted in P.L. 106-113. H.R. 3064 was vetoed by the

President (H.Doc. 106-154) November 3, 1999.

For a guide to the entire Act, see CRS Report RS20403, FY2000 Consolidated

Appropriations Act: Reference Guide, by Robert Keith.

For details on the L-HHS-ED part of the Act, see CRS Report RL30203, Appropriations

for FY2000: Labor, Health and Human Services, and Education, by Paul M. Irwin.

For details, see CRS Report RL30083, Supplemental Appropriations for FY1999: Central

America Disaster Aid, Middle East Peace, and Other Initiatives, by Larry Nowels.

For background on continuing resolutions, see CRS Report RL30343, Continuing

Appropriations Acts: Brief Overview of Resent Practices, by Sandy Streeter.

CRS-52

! H.Con.Res. 68, the FY2000 concurrent resolution on the budget, set annual

levels for the federal budget through FY2009.20 H.Con.Res. 68 (H.Rept. 10673) was amended and passed by the House, March 25, 1999. S.Con.Res. 20

(S.Rept. 106-27) was amended and incorporated in H.Con.Res. 68 as an

amendment, and passed the Senate March 25, 1999. A conference report

(H.Rept. 106-91) was agreed to by the House April 14, and by the Senate

April 15, 1999.

For additional information, see CRS Issue Brief IB10017, The Budget for Fiscal Year 2000,

by Philip D. Winters.

CRS-53

Appendix A: Terminology

Advance appropriation21 is budget authority that will become available in a fiscal

year beyond the fiscal year for which the appropriations act is enacted; scorekeeping

counts the entire amount in the fiscal year it first becomes available for obligation.

Appropriation is budget authority that permits federal agencies to incur obligations

and to make payments out of the Treasury for specified purposes. Appropriations

represent the amounts that agencies may obligate during the period of time specified

in the law. Annual appropriations are provided in appropriations acts; most

permanent appropriations are provided in substantive law. Major types of

appropriations are regular, supplemental, and continuing.

Budget authority is legal authority to incur financial obligations that normally result

in the outlay of federal government funds. Major types of budget authority are

appropriations, borrowing authority, and contract authority. Budget authority also

includes the subsidy cost of direct and guaranteed loans, but excludes the portion of

loans that is not subsidized.

Budget resolution is a concurrent resolution passed by both Houses of Congress, but

not requiring the signature of the President, setting forth the congressional budget for

at least 5 fiscal years. It includes various budget totals and functional allocations.

Discretionary spending is budget authority provided in annual appropriation acts,

other than appropriated entitlements.

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

governments that meet the eligibility criteria established by law; as such, it represents

a legally binding obligation on the part of the federal government. Entitlement

authority may be funded by either annual or permanent appropriation acts.

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

one fiscal year and remains available into the next fiscal year; the entire amount is

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

Mandatory (direct) spending includes: (a) budget authority provided in laws other

than appropriations; (b) entitlement authority; and (c) the Food Stamp program.

Rescission is the cancellation of budget authority previously enacted.

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

congressional budgetary actions.

Supplemental appropriation is budget authority provided in an appropriations act

in addition to regular appropriations already provided.

These definitions are based on CRS Report 98-720, Manual on the Federal Budget Process,

by Robert Keith and Allen Schick.

CRS-54

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

The FY2000 budget authority for all federal programs is estimated to be

$1,801.1 billion, as shown in Table B.1. Of this amount, $901.5 billion (50.1%) is

the total for the departments and related agencies funded through the L-HHS-ED bill.

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

(Estimated FY2000 budget authority in billions of dollars) a

Estimated

amount

Percent of

federal budget

$1,801.1

100.0%

U.S. Department of Labor

31.7

1.8%

U.S. Department of Health and Human Services

394.8

21.9%

U.S. Department of Education

32.7

1.8%

Social Security Administration (On-budget)

44.5

2.5%

Social Security Administration (Off-budget)

396.3

22.0%

Other Related Agencies

1.5

0.1%

L-HHS-ED Agency Total

901.5

50.1%

L-HHS-ED Bill, Total Current Year Funds

315.2

17.5%

L-HHS-ED Bill, Current Year Mandatory Funds

229.1

12.7%

L-HHS-ED Bill, Current Year Discretionary Funds

86.1

4.8%

Total Federal Discretionary Funds

591.5

32.8%

Budget category

Total Federal Budget Authority

Source: Budget of the United States Government Historical Tables, Fiscal Year 2001, Table 5.2;

Budget of the United States Government, Fiscal Year 2001, Table S-9; and the conference report

H.Rept. 106-479, which provides details for the FY2000 L-HHS-ED amounts under P.L. 106-113.

Note: For data comparability, this table uses data based on the February 2000 OMB budget

documents and the November 2000 L-HHS-ED FY2000 conference report; the data therefore do not

include funding adjustments made by the P.L. 106-246 FY2000 Supplemental Appropriations.

The estimated FY2000 appropriation for L-HHS-ED was $315.2 billion in

current year funds — $86.1 billion in discretionary funds and $229.1 billion in

mandatory funds. The L-HHS-ED Appropriations Subcommittees generally have

effective control only over the discretionary funds, which constitute 4.8% of the

aggregate budget authority for all federal departments and agencies, and 9.6% of the

total budget authority for L-HHS-ED departments and agencies.22 What accounts for

the remaining 90.4% of L-HHS-ED funds?

The annual congressional budget resolution sets aggregate spending targets for budget

functions; House and Senate committees must initiate and report legislation that will achieve

these targets. Typically, appropriation committees develop proposals to meet discretionary

spending levels through appropriation bills. Likewise, authorizing committees develop

proposals to meet mandatory spending levels; these proposals are often reported by separate

authorizing committees and combined into a single, omnibus reconciliation bill.

CRS-55

First, some DOL, DHHS, and ED programs receive automatic funding without

congressional intervention in the annual appropriations process; these programs

receive funds from permanent appropriations and trust funds instead. This process

accounts for most of the difference between the L-HHS-ED bill total of $315.2 billion

and the agency total of $901.5 billion in FY2000. The major programs in this group

include Unemployment Compensation, Medicare, Railroad Retirement, Temporary

Assistance for Needy Families (TANF, the welfare assistance program), Student Loan

programs, State Children’s Health Insurance Program, and Social Security benefits.23

Second, mandatory programs account for the difference between the

L-HHS-ED total of $315.2 billion and the subtotal of $86.1 billion for discretionary

funds in FY2000. Although annual appropriations are made for these programs —

these are sometimes called “appropriated entitlement” programs — in general the

amounts provided must be sufficient to cover program obligations and entitlements

to beneficiaries. For these programs, as well as the programs funded through trust

funds and permanent authorities, most changes in funding levels are made through

amendments to authorizing legislation rather than through annual appropriation bills.

Federal administrative costs for these programs typically are subject to annual

discretionary appropriations, however. For L-HHS-ED agencies, these programs

include Supplemental Security Income, Black Lung Disability payments, Foster Care

and Adoption, the Social Services Block Grant, and Vocational Rehabilitation, as well

as general (non-earmarked) fund support for Medicare and Medicaid.

Third, two DHHS programs are funded in other appropriations bills.

! The Food and Drug Administration is funded by the Agriculture appropriations

bill ($1.1 billion in FY2000).

! The Indian Health Service is funded by the Interior appropriations bill ($2.4

billion in FY2000).

Note: Two L-HHS-ED activities receive funds from two appropriations bills.

For FY2000, the Corporation for National and Community Service (CNS) is

funded at $295 million from L-HHS-ED Appropriations for programs authorized

under the Domestic Volunteer Service Act of 1973, and at $437 million from the

Veterans Affairs and Housing and Urban Development (VA/HUD) Appropriations

for AmeriCorps and other programs authorized by the National Community Service

Act. The Institute of Museum and Library Services (IMLS) is funded at $166

million under L-HHS-ED Appropriations for Library Services, and at $24 million

under the Interior Appropriations for Museum Services

The Social Security Administration (SSA) was separated from DHHS and established as an

independent federal agency on March 31, 1995. Within the L-HHS-ED bill, however, the

SSA merely was transferred from DHHS to the category of “related agency.” The operation

of the Social Security trust funds is considered off-budget. Of the $901.5 billion total for

L-HHS-ED departments and agencies in FY2000, the SSA accounted for $440.8 billion, or

48.9% of the total. As shown in Table B.1, the SSA amount represents $44.5 billion for

designated on-budget activities and $396.3 billion for off-budget activities.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.