Labor, Health and Human Services, and Education: FY2009 Appropriations
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Labor, Health and Human Services, and
Education: FY2009 Appropriations
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July 10, 2009
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RL34577
CRS Report for Congress
Prepared for Members and Committees of Congress
Labor, Health and Human Services, and Education: FY2009 Appropriations
Summary
This report tracks FY2009 appropriations for the Departments of Labor, Health and Human
Services, Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary
funds for three major federal departments and 13 related agencies. The report, which will not be
further updated, summarizes L-HHS-ED discretionary funding issues but not authorization or
entitlement issues.
President George W. Bush’s FY2009 budget request to Congress, including amendments,
proposed $147.4 billion in discretionary L-HHS-ED funds; the comparable FY2008 amount was
$148.6 billion. The Senate Appropriations Committee reported its FY2009 L-HHS-ED bill (S.
3230, S.Rept. 110-410), including $155.7 billion in discretionary funds. The House
Appropriations Committee considered but did not report an FY2009 L-HHS-ED bill; a draft bill
recommended $157.7 billion. Two continuing resolutions (CRs) provided temporary FY2009
funding until enactment of P.L. 111-8, the Omnibus Appropriations Act, 2009, on March 11,
2009. Division F of the omnibus act provided $155.0 billion for discretionary L-HHS-ED
programs, adding to $5.1 billion provided in the first CR, for an FY2009 total in regular
appropriations of $160.1 billion. FY2009 emergency supplemental appropriations totaling $124.2
billion for discretionary L-HHS-ED programs were provided in the economic stimulus legislation
enacted February 17, 2009, P.L. 111-5, the American Recovery and Reinvestment Act of 2009
(ARRA).
Department of Labor (DOL). DOL discretionary appropriations were $12.4 billion for FY2009,
an increase of $0.6 billion (5.2%) over funding for FY2008. The request for FY2009 was $10.5
billion, including a reduction in funding for Workforce Investment Act (WIA) programs of $553
million. P.L. 111-8 increased funding for WIA by $127 million. ARRA added $4.8 billion in
funding for DOL, including $4.2 billion for WIA programs.
Department of Health and Human Services (HHS). HHS discretionary appropriations were
$71.4 billion for FY2009, an increase of $5.7 billion (8.7%) over funding for FY2008. The
request for FY2009 was $64.7 billion. P.L. 111-8 increased funding over FY2008 for Health
Centers ($125 million); National Institutes of Health (NIH, $938 million); Centers for Medicare
and Medicaid Services (CMS) Program Management ($154 million); CMS Fraud and Abuse
Control Initiative ($198 million); Low-Income Home Energy Assistance Program (LIHEAP, $2.5
billion); Head Start ($235 million); and Public Health and Social Services Emergency Fund ($669
million). ARRA added $21.9 billion in funding for HHS, including $10.4 billion for NIH.
Department of Education (ED). ED discretionary appropriations were $63.5 billion in FY2009,
an increase of $4.4 billion (7.4%) over funding for FY2008. Elementary and Secondary
Education Act (ESEA) programs were funded at $24.8 billion in FY2009, an increase of $412
million (1.7%) over funding for FY2008. Pell Grants were increased by $3.1 billion to $17.3
billion. ARRA added $96.2 billion in discretionary funding for ED, including $14.0 billion for
ESEA programs.
Related Agencies. Discretionary appropriations for L-HHS-ED were $12.7 billion for FY2009,
an increase of $0.8 billion (6.6%) over funding for FY2008. The Administration requested $12.1
billion. P.L. 111-8 added $709 million for SSA administrative expenses. ARRA added $1.2 billion
for Related Agencies, including $1.0 billion for SSA.
Congressional Research Service
Labor, Health and Human Services, and Education: FY2009 Appropriations
Contents
Most Recent Developments.........................................................................................................1
Supplemental Appropriations Act, 2009 Enacted (P.L. 111-32, H.R. 2346).......................1
Omnibus Appropriations Act, 2009 Enacted (P.L. 111-8, H.R. 1105)................................1
FY2009 Continuing Resolution Extended (P.L. 111-6, H.J.Res. 38). ................................1
American Recovery and Reinvestment Act of 2009 (ARRA) Enacted (P.L. 111-5,
H.R. 1).........................................................................................................................1
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act,
2009 Enacted (P.L. 110-329, H.R. 2638).......................................................................2
Budget Amendment Submitted........................................................................................2
Senate Bill S. 3230 Reported...........................................................................................2
House Full Committee Markup .......................................................................................2
House Subcommittee Markup .........................................................................................2
President’s Budget Submitted..........................................................................................3
Note on Most Recent Data ..............................................................................................4
Overview and Key Issues ............................................................................................................5
Discretionary and Mandatory Funding: Program-Level Appropriations and CurrentYear Appropriations ...........................................................................................................5
Discretionary Funding Trends, FY2002-FY2009 ...................................................................8
Discretionary Appropriations by Bill Title, FY2008-FY2009.................................................8
Major Discretionary Programs, FY2008-FY2009 ................................................................ 11
FY2009 Appropriations: President’s Request....................................................................... 13
FY2009 Appropriations: Draft House Bill ........................................................................... 14
FY2009 Appropriations: Senate Bill.................................................................................... 16
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009................. 17
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American Recovery
and Reinvestment Act of 2009.......................................................................................... 19
Continuing Appropriations Resolution, 2009 ....................................................................... 20
302(a) and 302(b) Allocation Ceilings ................................................................................. 21
Advance Appropriations...................................................................................................... 21
Department of Labor ................................................................................................................. 23
Key Issues .......................................................................................................................... 23
President’s Request ....................................................................................................... 23
Draft House Bill............................................................................................................ 24
Senate Bill .................................................................................................................... 25
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009........... 25
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act................................................................................. 25
CRS Products...................................................................................................................... 26
Websites ............................................................................................................................. 26
Detailed Appropriations Table ............................................................................................. 27
Department of Health and Human Services ............................................................................... 31
Key Issues .......................................................................................................................... 31
President’s Request ....................................................................................................... 31
Draft House Bill............................................................................................................ 32
Senate Bill .................................................................................................................... 33
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009........... 34
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Labor, Health and Human Services, and Education: FY2009 Appropriations
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act................................................................................. 34
Abortion: Funding Restrictions ..................................................................................... 35
Human Embryonic Stem Cell Research: Funding Restrictions ....................................... 36
CRS Products...................................................................................................................... 36
Websites ............................................................................................................................. 38
Detailed Appropriations Table ............................................................................................. 38
Department of Education........................................................................................................... 44
Key Issues .......................................................................................................................... 44
President’s Request ....................................................................................................... 44
Draft House Bill............................................................................................................ 46
Senate Bill .................................................................................................................... 47
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009........... 48
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act................................................................................. 48
ESEA Funding Shortfall? .............................................................................................. 49
IDEA Funding Shortfall?............................................................................................... 50
Forward Funding and Advance Appropriations .............................................................. 50
CRS Products...................................................................................................................... 51
Websites ............................................................................................................................. 52
Detailed Appropriations Table ............................................................................................. 52
Related Agencies....................................................................................................................... 58
Key Issues .......................................................................................................................... 58
President’s Request ....................................................................................................... 58
Draft House Bill............................................................................................................ 59
Senate Bill .................................................................................................................... 59
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009........... 59
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act................................................................................. 60
CRS Products...................................................................................................................... 60
Websites ............................................................................................................................. 61
Detailed Appropriations Table ............................................................................................. 61
Tables
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2009..............................................3
Table 2. L-HHS-ED Appropriations Summary, FY2008-FY2009.................................................7
Table 3. Discretionary Funding Trends, FY2002-FY2009............................................................8
Table 4. L-HHS-ED Discretionary Funding by Bill Title, FY2008-FY2009 ............................. 10
Table 5. Major Discretionary Programs, FY2008-FY2009 ......................................................... 12
Table 6. FY2009 302(b) Discretionary Allocations for L-HHS-ED ............................................ 21
Table 7. Department of Labor Discretionary Appropriations ...................................................... 23
Table 8. Detailed Department of Labor Appropriations .............................................................. 28
Table 9. Department of Health and Human Services Discretionary Appropriations .................... 31
Table 10. Detailed Department of Health and Human Services Appropriations ......................... 39
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Table 11. Department of Education Discretionary Appropriations .............................................. 44
Table 12. Detailed Department of Education Appropriations...................................................... 53
Table 13. Related Agencies Discretionary Appropriations.......................................................... 58
Table 14. Detailed Related Agencies Appropriations.................................................................. 62
Appendixes
Appendix. Terminology and Web Resources.............................................................................. 65
Contacts
Author Contact Information ...................................................................................................... 66
CRS Key Policy Staff................................................................................................................ 67
Congressional Research Service
Labor, Health and Human Services, and Education: FY2009 Appropriations
Most Recent Developments
Supplemental Appropriations Act, 2009 Enacted (P.L. 111-32, H.R. 2346).
Note: New funding from this law is not reflected in discussions of appropriations for the
Departments of Labor, Health and Human Services, and Education, and Related Agencies (LHHS-ED) in this report. On June 24, 2009, President Obama signed the Supplemental
Appropriations Act, 2009, which provided a total of $106 billion in supplemental FY2009 funds
for a variety of purposes. Most of the funding is for defense and intelligence activities in Iraq and
Afghanistan, international affairs, and selected domestic purposes. The Department of Health and
Human Services (HHS) received a total of $7.7 billion for pandemic influenza preparedness, $1.9
billion available immediately and $5.8 billion in a contingency fund to be used if the President
determines it is needed. For further information, see CRS Report R40531, FY2009 Spring
Supplemental Appropriations for Overseas Contingency Operations, coordinated by (name re
dacted) and (name redacted), and CRS Report R40554, The 2009 Influenza Pandemic:
An Overview, by (name redacted) and (name redacted).
Omnibus Appropriations Act, 2009 Enacted (P.L. 111-8, H.R. 1105).
On February 23, 2009, after lengthy negotiations between House and Senate appropriators and
with the new Obama Administration, the chairman of the House Appropriations Committee
introduced an omnibus FY2009 appropriations bill, H.R. 1105, accompanied by an explanatory
statement. The bill and statement, which took the place of a conference report, had a division for
each of the nine regular appropriations measures that had not yet been enacted. The bill was
passed by the House on February 25 and by the Senate on March 10, and was signed by the
President on March 11, 2009. Division F of the law provided the FY2009 L-HHS-ED
appropriations, including $155.0 billion in discretionary funding. Adding that amount to the $5.1
billion provided earlier in P.L. 110-329 brought regular FY2009 discretionary appropriations for
L-HHS-ED programs to a total of $160.1 billion.
FY2009 Continuing Resolution Extended (P.L. 111-6, H.J.Res. 38).
On March 6, 2009, the President signed H.J.Res. 38 into law, which amended the first FY2009
continuing resolution, Division A of P.L. 110-329, to extend temporary funding for government
agencies to March 11, 2009.
American Recovery and Reinvestment Act of 2009 (ARRA) Enacted (P.L. 111-5,
H.R. 1).
On February 17, 2009, President Obama signed a broad economic stimulus package, the
American Recovery and Reinvestment Act of 2009 (ARRA), that provided emergency
supplemental appropriations to selected federal programs, among many other provisions.
Discretionary L-HHS-ED programs received a total of $124.2 billion; the funds were generally
made available for obligation until September 30, 2010 (the end of FY2010). H.R. 1 passed the
House on January 28, 2009, and the Senate passed its version on February 10. The conference
report (H.Rept. 111-16) was filed February 12 and agreed to in the House and the Senate on
February 13. The bill became P.L. 111-5 on February 17, 2009. For more information, see CRS
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Report R40537, American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary and
Legislative History, by (name redacted) et al.
Consolidated Security, Disaster Assistance, and Continuing Appropriations
Act, 2009 Enacted (P.L. 110-329, H.R. 2638).
On September 30, 2008, President George W. Bush signed H.R. 2638 into law. The act, referred
to in short form as the Consolidated Appropriations Act for FY2009, included three of the 12
regular appropriations acts for FY2009, continuing appropriations for the remaining nine regular
appropriations acts for FY2009 (through March 6, 2009), and supplemental appropriations for
disaster relief and recovery. For further details on the contents of and proceedings relative to H.R.
2638, see CRS Report RL34711, Consolidated Appropriations Act for FY2009 (P.L. 110-329): An
Overview, by (name redacted).
Interim FY2009 appropriations for the Departments of Labor, Health and Human Services, and
Education, and Related Agencies (L-HHS-ED) were provided by Division A of P.L. 110-329,
referred to as the Continuing Appropriations Resolution, 2009 (FY2009 CR). Most programs
were funded, through March 6, 2009, at the rate of operations they had for FY2008, not counting
emergency funding. One HHS program, the Low-Income Home Energy Assistance Program
(LIHEAP), received its full-year funding of $5.1 billion in the CR.
Budget Amendment Submitted
On August 1, 2008, President Bush submitted a budget amendment, requesting an additional $955
million for L-HHS-ED programs, primarily for preparedness activities in HHS.
Senate Bill S. 3230 Reported
On July 8, 2008, the Senate Committee on Appropriations reported S. 3230 (S.Rept. 110-410), its
proposal for FY2009 L-HHS-ED appropriations. The bill recommended $155.7 billion in
discretionary funds for L-HHS-ED.
House Full Committee Markup
The House Committee on Appropriations convened a markup session on its draft bill on June 26,
2008. It adopted one package of amendments (a “manager’s amendment”), but the session was
subsequently adjourned before the committee took final action on the draft bill. Adoption of the
manager’s amendment raised the discretionary total in the bill to $157.7 billion.
House Subcommittee Markup
On June 19, 2008, the House L-HHS-ED Appropriations Subcommittee marked up its draft bill
and approved it for consideration by the full committee. The subcommittee recommended $157.6
billion in discretionary funds for L-HHS-ED.
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President’s Budget Submitted
On February 4, 2008, President George W. Bush submitted his FY2009 budget to Congress; the
request was for $146.5 billion in discretionary funds for L-HHS-ED programs. The request was
amended in August 2008 (see above).
Table 1 summarizes the legislative status of FY2009 L-HHS-ED appropriations.
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2009
Subcommittee
Markup
House
Senate
Conference Report
Approval
House
Comm.
House
Passage
Senate
Comm.
Senate
Passage
Conf.
Report
House
Passage
Public
Law
Senate
Passage
Regular FY2009 Appropriations Legislation (110th Congress, unfinished)
6/19/08a
6/24/08b
9/30/08e
FY2009
CR, P.L.
110-329,
Div. A
7/8/08d
S. 3230,
S.Rept. 110410
6/26/09c
(no bill
reported)
Regular FY2009 Appropriations: Omnibus Appropriations Act, 2009 (111th Congress)f
2/23/09
H.R. 1105
2/25/09
3/10/09
3/11/09
P.L. 111-8
Supplemental FY2009 Appropriations: American Recovery and Reinvestment Act of 2009 (111th Congress)
1/21/09g
H.R. 679
H.Rept.
111-4
1/28/09h
H.R. 1
1/27/09i
S. 336
S.Rept. 111-3
2/10/09j
H.R. 1
2/12/09k
H.Rept.
111-16
2/13/09k
2/13/09k
2/17/09l
P.L. 111-5
a.
The House Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Appropriations began FY2009 hearings on February 13, 2008. The Subcommittee marked up its version of
the FY2009 L-HHS-ED appropriations on June 19, 2008, approving it by a voice vote.
b.
The Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
Appropriations began FY2009 hearings on May 7, 2008. The Subcommittee marked up its version of the
FY2009 L-HHS-ED bill on June 24, 2008, and approved it by voice vote.
c.
The House Committee on Appropriations convened a markup session on its draft L-HHS-ED bill on June
26, 2008, and adopted a manager’s amendment by voice vote. The markup session was adjourned before
the committee took final action on the draft bill.
d.
S. 3230: The Senate Committee on Appropriations approved the draft L-HHS-ED bill, amended, on June 26,
2008, by a vote of 26 to 3, and ordered the bill reported. Subsequently, S. 3230 (S.Rept. 110-410) was
introduced and reported on July 8, 2008.
e.
P.L. 110-329: The FY2009 Continuing Appropriations Resolution, Division A of P.L. 110-329 (H.R. 2638),
provided temporary FY2009 funding for most L-HHS-ED activities for the period October 1, 2008, through
March 6, 2009. One HHS program received full-year funding in the law. A second CR, P.L. 111-6, extended
the temporary funding to March 11, 2009.
f.
H.R. 1105: An original bill, Omnibus Appropriations Act, 2009, was introduced Feb. 23, 2009, accompanied
by an explanatory statement; the bill and statement were printed in the Congressional Record of February 23,
2009, Books I and II. The bill had a division for each of the nine regular appropriations measures that had
not yet been enacted (L-HHS-ED was Division F) and took the place of a conference report. Subsequently,
the Government Printing Office made available an unnumbered committee print of the House Committee
on Appropriations that contained the text of the bill and the explanatory statement (available at
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Labor, Health and Human Services, and Education: FY2009 Appropriations
http://www.gpoaccess.gov/congress/house/appropriations/09conappro2.html). The bill was passed without
amendment by the House on February 25 (245-178), and by the Senate on March 10 (62-35 on a cloture
vote, then passed by voice vote), and was signed by the President on March 11, 2009, becoming P.L. 111-8.
g.
H.R. 679: The House Committee on Appropriations marked up a measure containing the appropriationsrelated provisions of the American Recovery and Reinvestment Act of 2009 on January 21, 2009, approving
it by a vote of 35-22. Subsequently, H.R. 679 (H.Rept. 111-4) was introduced and reported on January 26,
2009.
h.
H.R. 1: The American Recovery and Reinvestment Act of 2009, H.R. 1, was introduced on January 26, 2009.
It combined the provisions of several separate bills, including H.R. 679, that had been approved by several
House committees. The House considered H.R. 1 on January 27-28, and passed it, amended, on January 28,
2009, by a vote of 244-188.
i.
S. 336: The Senate Committee on Appropriations marked up a measure containing the appropriationsrelated provisions of the American Recovery and Reinvestment Act of 2009 on January 27, 2009, approving
it by a vote of 21-9. Subsequently, S. 336 (S.Rept. 111-3) was introduced and reported on January 27, 2009.
j.
H.R. 1: The Senate debated a substitute version of the bill, combining the provisions of S. 336 and a revenue
measure that had been approved by the Senate Finance Committee, on February 2-10, 2009, and passed it,
amended, on February 10, 2009, by a vote of 61-37.
k.
H.R. 1: Conference report H.Rept. 111-16 was filed on February 12, 2009. On February 13, 2009, both
chambers agreed to the conference report; the House vote was 246-183 and the Senate vote was 60-38.
l.
P.L. 111-5: President Obama signed H.R. 1 into law on February 17, 2009.
Note on Most Recent Data
In this report, unless stated otherwise, data on FY2008 and FY2009 appropriations are based on a
March 2009 table from the House Committee on Appropriations, reflecting House and Senate
committee work in the 110th Congress on proposed FY2009 L-HHS-ED bills, and final passage of
P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA).
In most cases, data represent net funding for specific programs and activities, and take into
account current and forward funding and advance appropriations; however, all data are subject to
additional budgetary scorekeeping. Except where noted, data refer only to those programs within
the purview of L-HHS-ED appropriations, and not to all programs within the jurisdiction of the
relevant departments and agencies. Funding from other appropriations bills, and entitlements
funded outside of the annual appropriations process, are excluded.
The FY2008 data reflect the funding provided under the terms of the Consolidated Appropriations
Act, 2008 (P.L. 110-161, H.R. 2764), which was signed into law on December 26, 2007. Division
G of the act provided funding for L-HHS-ED programs. A series of four continuing resolutions
(CRs), beginning with P.L. 110-92, had provided temporary L-HHS-ED funding from October 1,
2007, through December 26, 2007. Later, Congress passed the Supplemental Appropriations Act,
2008, P.L. 110-252, signed into law on June 30, 2008. The law had a few provisions that affected
FY2008 funding levels for some L-HHS-ED agencies. FY2008 figures in this report include the
June supplemental appropriations.
For additional information, please see CRS Report RL30343, Continuing Resolutions: Latest
Action and Brief Overview of Recent Practices, by (name redacted), and CRS Report RL34451,
FY2008 Spring Supplemental Appropriations and FY2009 Bridge Appropriations for Military
Operations, International Affairs, and Other Purposes (P.L. 110-252), by (name redacted) et al.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Overview and Key Issues
This report describes President George W. Bush’s proposal for FY2009 appropriations for LHHS-ED programs, as submitted to Congress on February 4, 2008, and amended on August 1,
2008, and the congressional response to that proposal. It compares the President’s FY2009
request to the FY2008 L-HHS-ED enacted amounts. It tracks legislative action and congressional
issues related to the regular L-HHS-ED appropriations, as well as to the supplemental
appropriations provided in ARRA. Discussions focus primarily on discretionary programs. The
report does not follow specific funding issues related to mandatory L-HHS-ED programs—such
as Medicare or Social Security—nor does it follow any authorizing legislation related to the
President’s budget initiatives. For a glossary of budget terms and relevant websites, see the
Appendix, “Terminology and Web Resources.”
The L-HHS-ED bill typically is one of the more controversial of the regular appropriations bills,
not only because of the size of its funding total and the scope of its programs, but also because of
the continuing importance of various related issues, such as restrictions on the use of federal
funds for abortion and for human embryonic stem cell research. This bill provides discretionary
and mandatory funds to three federal departments and 13 related agencies, including the Social
Security Administration (SSA). Discretionary funding represents only one-quarter of the total in
the bill.
Among the various appropriations bills, L-HHS-ED is the largest single source of discretionary
funds for domestic (non-defense) federal programs (the Department of Defense bill is the largest
source of discretionary funds among all federal programs). This section presents several overview
tables on funding in the bill, particularly discretionary funding; summarizes major funding
changes proposed and enacted for L-HHS-ED; and discusses related issues such as 302(b)
allocations and advance appropriations. Later sections provide details on individual L-HHS-ED
departments and agencies.
Discretionary and Mandatory Funding: Program-Level
Appropriations and Current-Year Appropriations
Table 2 summarizes the L-HHS-ED appropriations enacted for FY2008 and proposed and
enacted for FY2009, including both discretionary and mandatory appropriations. The table shows
various aggregate measures of L-HHS-ED appropriations, including the discretionary programlevel, current-year level, and advance appropriations, as well as scorekeeping adjustments.
•
Program-level discretionary appropriations reflect the total discretionary
appropriations in a given bill, regardless of the year in which they will be spent,
and therefore include advance funding for future years. Unless otherwise
specified, appropriations levels in this report refer to program-level amounts.
•
Current-year discretionary appropriations represent discretionary
appropriations in a given bill for the current year, plus discretionary
appropriations for the current year that were enacted in prior years—for example,
FY2009 appropriations that were enacted in the FY2008 act. As the annual
congressional appropriations process unfolds, current-year discretionary
appropriations, including scorekeeping adjustments (see below), are measured
against the 302(b) allocation ceilings (discussed later in this report). Note that
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Labor, Health and Human Services, and Education: FY2009 Appropriations
media reports and comments from the Administration about appropriations
activities typically cite figures representing the current-year discretionary totals
rather than the program levels in the bill.
•
Advance appropriations are funds that will not become available until after the
fiscal year for which the appropriations are enacted (for example, funds for
certain education programs like Title I Part A Grants to Local Educational
Agencies for the Education of the Disadvantaged that were included in the
FY2008 act that could not be spent before FY2009 at the earliest, discussed later
in this report).
•
Scorekeeping adjustments are made to account for special funding situations, as
monitored by the Congressional Budget Office (CBO).
Because appropriations may consist of mixtures of budget authority enacted in various years, both
of the summary measures mentioned above are frequently used: program-level appropriations and
current-year appropriations. How are these measures related? For an “operational definition,”
program-level funding equals (a) current year, plus (b) advances for future years, minus (c)
advances from prior years, and minus (d) scorekeeping adjustments. Alternatively, current-year
funding is derived by taking the program level (total in the bill), subtracting the advances for
future years, adding in the advances from prior years, and applying the scorekeeping adjustments.
Table 2 shows each of these amounts for discretionary funding, along with current-year funding
and program-level funding for mandatory programs, and the grand total for L-HHS-ED.
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Table 2. L-HHS-ED Appropriations Summary, FY2008-FY2009
($ in billions)
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Program-level: current bill for
any year
148.6
147.4
157.7
155.7
160.1
124.2
284.2
Current-year: current year from
any bill (after scorekeeping)
144.9
145.1
153.1
153.1
152.3
0
152.3
Advances for future years (in the
current bill)
21.3
20.9
24.8
23.0
24.8
0
24.8
Advances from prior years (from
previous bills)
19.2
21.3
21.3
21.3
21.3
0
21.3
Scorekeeping adjustments
-1.7
-2.7
-1.0
-0.8
-4.3
-124.2
-128.4
Type of Budget Authority
Discretionary Appropriations
Current-Year Discretionary and Mandatory Funding
Discretionary (compare to
302(b) cap)
144.9
145.1
153.1
153.1
152.3
0
152.3
Mandatory
455.4
473.3
473.4
473.3
473.4
2.0
475.4
Total, current-year
600.3
618.4
626.5
626.5
625.6
2.0
627.6
Program-Level Totals of Funding for L-HHS-ED Bill, Any Year
Discretionary program-level
148.6
147.4
157.7
155.7
160.1
124.2
284.2
Mandatory program-level
455.4
478.4
478.4
478.4
478.4
2.0
480.4
Grand total, any year
604.0
625.8
636.1
634.1
638.5
126.2
764.6
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2009 Omnibus column also includes FY2009
funding for LIHEAP provided by P.L. 110-329 (September 2008). Appropriations are given only for programs included in the annual L-HHS-ED bill.
Note: Details may not add to totals due to rounding. Both FY2008 and FY2009 mandatory amounts are estimates that are subject to adjustments after the close of their
respective fiscal years. All amounts in the table are subject to change through the enactment of further supplementals and rescissions.
CRS-7
Labor, Health and Human Services, and Education: FY2009 Appropriations
Discretionary Funding Trends, FY2002-FY2009
The L-HHS-ED appropriations bills include both mandatory and discretionary funds; however,
the Appropriations Committees fully control only the discretionary funds. Mandatory funding
levels for programs included in the annual appropriations bills are modified through changes in
the authorizing legislation. Typically, these changes are accomplished through authorizing
committees by means of reconciliation legislation, and not through appropriations committees in
annual appropriations bills.
Table 3 shows the trend in discretionary budget authority enacted in the regular L-HHS-ED
appropriations for FY2002 through FY2009. During the past eight years, L-HHS-ED
discretionary funds have grown from $127.2 billion in FY2002 to $160.1 billion in FY2009, an
increase of $32.9 billion, or 25.9%. Adjusted for inflation during this same period, using the
Gross Domestic Product (GDP) deflator, L-HHS-ED discretionary funds in estimated FY2008
dollars grew from $148.6 billion in FY2002 to $156.9 billion in FY2009, an increase of $8.3
billion, or 5.6%.
Table 3. Discretionary Funding Trends, FY2002-FY2009
(budget authority in billions of dollars)
Type of Funds
FY2002
FY2003
FY2004
FY2005
FY2006
FY2007
FY2008
FY2009
L-HHS-ED discretionary
127.2
132.4
139.7
143.4
141.5
144.7
148.6
160.1
L-HHS-ED discretionary in
estimated FY2008 dollars
148.6
151.6
155.9
155.1
148.1
147.5
148.6
156.9
GDP deflator (FY2000 = 1.0)
1.0432
1.0643
1.0920
1.1270
1.1643
1.1955
1.2186
1.2432
Sources: The GDP deflator is based on the Budget of the United States Government, Historical Tables, Fiscal Year
2009, Table 10.1. FY2008 and FY2009 are estimates. L-HHS-ED totals for FY2002-FY2005 discretionary budget
authority are based on annual conference reports for L-HHS-ED appropriations and, therefore, may not be
completely comparable from year to year. Subsequent years are based on tables from the House Committee on
Appropriations: FY2006 total from the April 17, 2007, table; FY2007 total from the December 17, 2007, table;
and FY2008 and FY2009 totals from the March 2009 table. FY2009 total reflects only regular L-HHS-ED
appropriations, not the supplemental funding from the ARRA.
Discretionary Appropriations by Bill Title, FY2008-FY2009
The annual L-HHS-ED appropriations act typically includes five titles. The first three provide
appropriations and program direction for the Department of Labor (Title I), the Department of
Health and Human Services (Title II), and the Department of Education (Title III). Each of the
three titles includes some sections of “General Provisions” for the department; they provide
specific program directions, modifications, or restrictions that the appropriators wish to convey in
bill language, not just in report language. Title IV covers funding for 13 related agencies, the
largest of which is the Social Security Administration. Title V contains general provisions with
broader application than those in the department titles. Occasionally, the act has one or more
additional titles, which may be legislative (authorizing) language rather than appropriations
provisions. The FY2008 L-HHS-ED appropriations act (Division G of P.L. 110-161) included a
Title VI that provided for establishment of a National Commission on Children and Disasters,
while the FY2009 L-HHS-ED appropriations act (Division F of P.L. 111-8) included the Afghan
Allies Protection Act of 2009 (relating to special immigrant status) as Title VI.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Table 4 summarizes by title the program-level discretionary spending that was provided for
FY2008 and proposed and enacted for FY2009 L-HHS-ED appropriations and compares the
program-level totals with the current-year discretionary totals.
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Table 4. L-HHS-ED Discretionary Funding by Bill Title,
FY2008-FY2009
($ in millions)
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Discretionary Appropriations, Program-Level (total in bill for any year)
Title I, Department of Labor
11,803
10,542
12,215
12,354
12,411
4,806
17,217
Title II, Department of Health and
Human Services
65,681
64,728
69,158
68,249
71,385
21,917
93,302
Title III, Department of Education
59,181
60,103
63,624
62,499
63,533
96,224
159,757
Title IV, Related Agencies
11,957
12,071
12,701
12,648
12,748
1,203
13,951
Total discretionary, program-level
148,623
147,444
157,698
155,749
160,077
124,150
284,227
153,128
152,255
0
152,255
Total Discretionary, Current-Year from Any Bill (after scorekeeping adjustments)
Total, current-year
144,914
145,097
153,121
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2009 Omnibus column also includes FY2009
funding for LIHEAP provided by P.L. 110-329 (September 2008). Appropriations are given only for programs included in the annual L-HHS-ED bill. Details may not add to
totals due to rounding.
CRS-10
Labor, Health and Human Services, and Education: FY2009 Appropriations
Major Discretionary Programs, FY2008-FY2009
Which are the largest among the discretionary programs funded in the regular L-HHS-ED
appropriations act? Table 5 shows the L-HHS-ED discretionary programs with the highest
funding levels; in FY2009, nine programs accounted for about 65% of all L-HHS-ED
discretionary appropriations. Each of the programs shown in Table 5 received more than $3.0
billion in regular FY2009 appropriations. The aggregate funding for this group was $96.0 billion
in FY2008 and $104.9 billion in FY2009. As shown in the previous tables, L-HHS-ED
discretionary funding totaled $148.6 billion in FY2008 and $160.1 billion in FY2009.
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Table 5. Major Discretionary Programs, FY2008-FY2009
($ in millions)
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
National Institutes of Health (NIH)
29,380
29,230
30,380
30,255
30,317
10,000
40,317
Pell Grants
14,215
16,941
17,335
16,890
17,288
15,640
32,928
Title I Part A Education for the
Disadvantaged, Grants to LEAs
13,899
14,305
14,454
14,530
14,492
10,000
24,492
IDEA Special Education, Part B
Grants to States
10,948
11,285
11,552
11,425
11,505
11,300
22,805
SSA Total Administrative Expenses
9,745
10,327
10,427
10,377
10,454
1,000
11,454
Head Start
6,878
7,027
7,120
7,105
7,113
2,100
9,213
WIA, all programs
5,186
4,633
5,326
5,269
5,314
4,200
9,514
Low Income Home Energy
Assistance Program (LIHEAP)
2,570
2,000
2,770
2,570
5,100
0
5,100
CMS Program Management
3,152
3,307
3,261
3,271
3,305
0
3,305
Major L-HHS-ED subtotal
95,972
99,054
102,626
101,690
104,888
54,240
159,128
Other L-HHS-ED discretionary
52,651
48,390
55,072
54,059
55,189
69,910
125,099
L-HHS-ED discretionary total
148,623
147,444
157,698
155,749
160,077
124,150
284,227
64.6%
67.2%
65.1%
65.3%
65.5%
43.7%
56.0%
Major Program
Major programs as a % of total
FY2009
Total
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2009 Omnibus column also includes FY2009
funding for LIHEAP provided by P.L. 110-329 (September 2008).
Note: LEAs = Local Educational Agencies; IDEA = Individuals with Disabilities Education Act; WIA = Workforce Investment Act; CMS = Centers for Medicare and
Medicaid Services.
CRS-12
Labor, Health and Human Services, and Education: FY2009 Appropriations
FY2009 Appropriations: President’s Request
On February 4, 2008, President George W. Bush submitted his FY2009 request to Congress,
proposing $146.5 billion in discretionary appropriations. On August 1, 2008, he submitted a
budget amendment requesting an additional $955 million. With regard to the President’s budget,
issues raised during congressional consideration of any appropriations request generally relate to
proposed funding changes, as well as to the overall level of support for programs. The following
summary highlights changes of at least $100 million proposed in FY2009 discretionary budget
authority in comparison with the FY2008 amount. 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) is greater than a $100 million change to a $5 billion program (a 2%
increase or decrease). Later in this report, the discussion of budgets for individual departments
includes tables to compare the FY2009 request with the FY2008 funding for many of the major
programs in the L-HHS-ED bill.
Budget Highlights
Overall, $147.4 billion in discretionary appropriations were requested for L-HHS-ED for
FY2009, $1.2 billion (0.8%) less than the FY2008 amount of $148.6 billion.
•
For the Department of Labor (DOL), the Bush Administration’s FY2009 request
included a decrease of $553 million for WIA programs, from $5.2 billion for
FY2008 to $4.6 billion for FY2009. The proposed reduction included $241
million less for Dislocated Worker Assistance programs (funded at $1.5 billion in
FY2008) and $150 million less for Adult Training grants to states (down from
$862 million for FY2008). The proposal decreased funding for the Community
Service Employment for Older Americans program by $172 million (from $522
million for FY2008). It eliminated $703 million in funding for Employment
Service grants to states, leaving $20 million in funding for other Employment
Service activities. Overall, the President requested $10.5 billion in discretionary
appropriations for DOL for FY2009, a 10.7% reduction from FY2008 funding of
$11.8 billion.
•
For the Department of Health and Human Services (HHS), the FY2009 amended
request proposed an increase of $1.6 billion for the Public Health and Social
Services Emergency Fund (PHSSEF), covering homeland security activities and
Pandemic Influenza Preparedness. Health programs proposed for elimination
included Health Professions programs other than those for nursing (funded at
$194 million in FY2008), Children’s Hospitals Graduate Medical Education
(CHGME, $302 million in FY2008), and Health Care-Related Facilities and
Activities ($304 million in FY2008). Decreases were proposed of $112 million
for Rural Health Programs, $150 million for NIH, and $126 million for Mental
Health. A $198 million initiative for Fraud and Abuse Control at the Centers for
Medicare and Medicaid Services (CMS) was proposed, along with a $156 million
increase for CMS Program Management. A decrease of $570 million for the
Low-Income Home Energy Assistance Program (LIHEAP) was proposed, while
a $149 million increase for Head Start was requested. The $654 million
Community Services Block Grant (CSBG) received no funding in the request.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Overall, $64.7 billion in FY2009 discretionary appropriations were requested for
HHS, 1.5% less than the FY2008 amount of $65.7 billion.
•
For the Department of Education (ED), the President’s FY2009 request increased
funding for the Elementary and Secondary Education Act of 1965 (ESEA)
programs in the aggregate by $125 million. The proposal increased funding by
$406 million for Title I, Part A, Grants to Local Educational Agencies (LEAs) for
the Education of the Disadvantaged, and by $607 million for Reading First State
Grants. Teacher Quality State Grants were decreased by $100 million. The
request included a proposal for one new K-12 education initiative of at least $100
million—the Pell Grants for Kids program, funded at $300 million. The request
proposed the elimination of the $267 million Educational Technology State
Grants program and the $1.3 billion Perkins Career and Technical Education
program. The request proposed reducing the 21st Century Community Learning
Centers program by $281 million, the Fund for the Improvement of Education by
$201 million, and Safe and Drug-Free Schools State Grants by $195 million. The
Teacher Incentive Fund was increased by $103 million. An increase of $337
million was requested for the Special Education Part B Grants to States program
authorized by the Individuals with Disabilities Education Act (IDEA). The
request also proposed the elimination of the $757 million Supplemental
Educational Opportunity Grants. In the request, Pell Grants were increased by
$2.7 billion, Aid for Institutional Development was decreased by $139 million,
and funding for the Institute for Education Sciences was increased by $112
million. Overall, $60.1 billion in FY2009 discretionary appropriations were
requested for ED, 1.6% more than the FY2008 amount of $59.2 billion.
•
For the Related Agencies, the Administration’s request for FY2009 increased
funding for SSA administrative expenses by $582 million, from $9.7 billion for
FY2008 to $10.3 billion for FY2009. The request eliminated the two-year
advance funding for the Corporation for Public Broadcasting (CPB) and
proposed to rescind $220 million in advance funding for FY2010 (appropriated
in FY2008) and $200 million in advance funding for FY2009 (appropriated in
FY2007). Overall, the Administration requested $12.1 billion in discretionary
appropriations for L-HHS-ED Related Agencies for FY2009, a 0.9% increase
over FY2008 funding of $12.0 billion.
FY2009 Appropriations: Draft House Bill
The House Committee on Appropriations did not report an FY2009 L-HHS-ED bill. On June 19,
2008, the House L-HHS-ED Appropriations Subcommittee marked up a draft bill and approved it
for consideration by the full committee. On June 26, the House Committee on Appropriations
convened a markup session on its draft bill and adopted a manager’s amendment, but adjourned
before final action.
House Committee Highlights
Overall, the draft House bill recommended FY2009 discretionary appropriations of $157.7 billion
for L-HHS-ED programs. President Bush requested $147.4 billion; the FY2008 amount was
$148.6 billion. The House bill differed from the President’s request in a number of details.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
For DOL, the draft House bill recommended $5.3 billion for WIA programs,
$693 million more than the Administration’s request. The bill funded WIA
Dislocated Worker Assistance programs at $1.5 billion, $281 million above the
request. The Job Corps received $153 million more than the request of $1.6
billion. The bill recommended funding WIA Adult Training grants to states at
$862 million, $150 million more than the request. Community Service
Employment for Older Americans received $222 million more than the request of
$350 million. The bill recommended $703 million for Employment Service
grants to states, which would have been eliminated under the Administration’s
request. Overall, the draft measure considered by the House committee included
$12.2 billion in discretionary funds for DOL. The Administration requested $10.5
billion, and $11.8 billion was provided for FY2008.
•
For HHS, the draft House bill recommended the following amounts of funding
for selected programs, compared to the Administration’s request: Health Centers,
$2.17 billion, $73 million more than the request; Health Professions other than
nursing, $244 million, with no funds requested; CHGME, $310 million, with no
funds requested; Ryan White HIV/AIDS programs, $2.24 billion, $99 million
more than the request; Rural Health programs, $122 million, $97 million more
than the request; Health Care-Related Facilities and Activities, $158 million, with
no funds requested; CDC Infectious Diseases program, $1.96 billion, $106
million more than requested; CDC Terrorism Preparedness and Response
program, $1.52 billion, $100 million more than requested; Preventive Health and
Health Services Block Grant (PHBG), $100 million, with no funds requested;
National Institutes of Health (NIH), $30.38 billion, $1.15 billion more than
requested; Mental Health programs in the Substance Abuse and Mental Health
Services Administration (SAMHSA), $932 million, $169 million more than
requested. The Agency for Healthcare Research and Quality (AHRQ) was
recommended for a specific appropriation of $323 million, plus indirect funding
of $52 million, for a total of $375 million; the request was for indirect funding of
$326 million. LIHEAP was recommended for $2.77 billion, $770 million more
than requested; Head Start, $7.12 billion, $93 million more than requested;
CSBG, $700 million, with no funds requested; and Administration on Aging,
$1.49 billion, $79 million more than requested. For the Public Health and Social
Services Emergency Fund, the draft bill provided $1.44 billion, $48 million more
than the President’s original request but $857 million less than the revised
request. Overall, the draft House bill included $69.2 billion in discretionary funds
for HHS, $4.4 billion more than the request of $64.7 billion, and $3.5 billion
more than the FY2008 amount of $65.7 billion.
•
For ED, the draft House bill recommended the following amounts for selected
programs: ESEA programs, $24.9 billion in the aggregate, $380 million more
than was requested; Title I, Part A Grants to Local Educational Agencies (LEAs),
$14.5 billion, $150 million more than was requested; School Improvement
Grants, $600 million, $109 million more than requested; Reading First State
Grants, no funding provided, while $1 billion was requested. The draft House bill
did not fund the President’s proposed Pell Grants for Kids program. Teacher
Quality State Grants were recommended for $3.0 billion, $125 million more than
requested; Education Technology State Grants, $272 million, with no funding in
the request; 21st Century Community Learning Centers, $1.1 billion, $331 million
more than requested; Fund for the Improvement of Education, $203 million,
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Labor, Health and Human Services, and Education: FY2009 Appropriations
$151 million more than requested; Safe and Drug-Free Schools State Grants,
$295 million, $195 million more than requested; IDEA, Part B, $11.6 billion,
$267 million more than requested; Perkins Career and Technical Education, $1.3
billion, with no funds requested; Pell Grants, $17.3 billion, $394 million more
than requested, and with an increase in the maximum appropriated Pell Grant
award to $4,410 compared to $4,310 under the request; Federal Supplemental
Opportunity Grants, $757 million, with no funds were requested; and Aid for
Institutional Development for higher education, $510 million, $147 million more
than requested. Overall, the draft House bill provided $63.6 billion in FY2009
discretionary appropriations for ED, $3.5 billion more than the request of $60.1
billion and $4.4 billion more than the FY2008 amount of $59.2 billion.
•
For Related Agencies, the draft House bill included $430 million in two-year
advance funding (for FY2011) for the Corporation for Public Broadcasting. The
amount was $430 million above the President’s request and $10 million more
than the two-year advance provided in FY2008 (for FY2010). Unlike the
Administration’s request, the draft bill did not reduce funding previously
advanced for fiscal years 2009 and 2010. The bill increased funding for SSA
administrative expenses to $10.4 billion, $100 million more than the
Administration’s request and $682 million more than provided for FY2008.
Overall, the draft House bill recommended $12.7 billion in discretionary funds
for Related Agencies, $630 million more than requested and $744 million more
than appropriated for FY2008.
FY2009 Appropriations: Senate Bill
The Senate Committee on Appropriations reported its version of the FY2009 L-HHS-ED
appropriations as S. 3230 (S.Rept. 110-410) on July 8, 2008.
Senate Committee Highlights
Overall, the Senate bill, as reported, recommended FY2009 discretionary appropriations of
$155.7 billion for L-HHS-ED programs. The draft House bill recommended $157.7 billion; the
President requested $147.4 billion. The comparable FY2008 amount was $148.6 billion. The
Senate bill differed from the House proposal in a number of ways.
•
For DOL, the bill passed by the Senate Appropriations Committee increased
funding for state Unemployment Compensation operations by $196 million
above the $2.6 billion recommended in the draft House bill and requested by the
President. Overall, the Senate committee recommended $12.4 billion in
discretionary funds for DOL, $138 million more than included in the House draft
bill, $1.8 billion more than the request, and $551 million more than appropriated
for FY2008.
•
For HHS, the Senate bill included $93 million less than the draft House bill for
Ryan White HIV/AIDS programs, $150 million more for CDC Buildings and
Facilities, $125 million less for NIH, and $200 million less for LIHEAP. AHRQ
was recommended for a specific appropriation of $91 million ($232 million less
than the House), plus indirect funding of $244 million ($192 million more than
the House), for a total of $335 million, $40 million less than the House bill
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Labor, Health and Human Services, and Education: FY2009 Appropriations
amount. Overall, the Senate-reported bill included $68.2 billion in discretionary
appropriations for HHS programs, $0.9 billion less than the House bill amount of
$69.2 billion, $3.5 billion more than the requested amount of $64.7 billion, and
$2.6 billion more than HHS funding of $65.7 billion in FY2008.
•
For ED, the Senate-reported bill recommended $24.6 billion for ESEA programs
in the aggregate, $374 million less than provided by the House draft bill. The bill
included $491 million for School Improvement Grants, $109 million less than in
the House draft bill; $11.4 billion for IDEA Part B Grants to States, $127 million
less than the House amount; and $16.9 billion for Pell Grants, $445 million less
than the House amount. The maximum appropriated Pell Grant award was set at
$4,310 compared with a House proposed maximum Pell Grant award of $4,410.
Overall, the Senate-reported bill included $62.5 billion in FY2009 discretionary
appropriations for ED, $1.1 billion less than the draft House bill amount of $63.6
billion, $2.4 billion more than the requested amount of $60.1 billion, and $3.3
billion more than the FY2008 amount of $59.2 billion.
•
For Related Agencies, the bill passed by the Senate Appropriations Committee
did not differ from the draft House bill by at least $100 million for any program.
Overall, the Senate committee recommended $12.6 billion in discretionary funds
for Related Agencies, $53 million less than the House amount, $578 million more
than requested, and $691 million more than appropriated for FY2008.
FY2009 Regular Appropriations: P.L. 111-8, Omnibus
Appropriations Act, 2009
The 110th Congress did not complete action on any regular FY2009 appropriations until passage
of the Consolidated Appropriations Act for FY2009, P.L. 110-329, on September 30, 2008. That
law provided full-year funding for three of the 12 regular appropriations acts for FY2009 (those
related to defense, veterans, and homeland security), temporary funding (continuing
appropriations) through March 6, 2009, for the remaining nine regular appropriations acts
(including L-HHS-ED), and supplemental appropriations for disaster relief and recovery. One
HHS program received its full-year funding in the law ($5.1 billion for LIHEAP). On February
23, 2009, after lengthy negotiations between House and Senate appropriators and with the new
Obama Administration, the chairman of the House Appropriations Committee introduced an
omnibus FY2009 appropriations bill, H.R. 1105, accompanied by an explanatory statement. The
bill and statement, which took the place of a conference report, had a division for each of the nine
regular appropriations measures that had not yet been enacted. The bill was passed by the House
on February 25 and by the Senate on March 10, and was signed into law by the President on
March 11, 2009, as P.L. 111-8. Division F of the law provided the FY2009 L-HHS-ED
appropriations, including $155.0 billion in discretionary funding. Adding that amount to the $5.1
billion provided earlier in P.L. 110-329 brought regular FY2009 discretionary appropriations for
L-HHS-ED programs to a total of $160.1 billion. (Note that in the tables and discussions in this
report, regular FY2009 HHS and L-HHS-ED funding is frequently described as having come
from P.L. 111-8, without distinguishing the separate source of the LIHEAP funding.)
FY2009 Funding Highlights
As shown in Table 2, P.L. 111-8 provided discretionary appropriations at the program level of
$160.1 billion for L-HHS-ED programs, compared to $155.7 billion in the Senate-reported bill,
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Labor, Health and Human Services, and Education: FY2009 Appropriations
$157.7 billion in the draft House bill, and $147.4 billion in the President’s request. The
comparable FY2008 amount was $148.6 billion.
In current-year terms (the amounts generally cited by the President when making comparisons to
his budget), P.L. 111-8 provided $152.3 billion for discretionary L-HHS-ED programs, an
increase of $7.2 billion (4.9%) over the President’s requested level of $145.1 billion. The FY2009
total was an increase of $7.3 billion (5.1%) over the FY2008 level of $144.9 billion, whereas the
President’s request represented an increase of $0.2 billion (0.1%) over FY2008. In comparison,
estimated current-year funding for mandatory L-HHS-ED programs was slated to increase by
$18.0 billion (3.9%), from $455.4 billion in FY2008 to $473.4 billion in FY2009.
Compared to FY2008 funding levels, the FY2009 program-level discretionary amounts were
increased or decreased by at least $100 million for the following programs. Additional details and
funding amounts are provided in separate agency summaries.
•
For DOL, P.L. 111-8 increased funding for WIA programs by $127 million, from
$5.2 billion for FY2008 to $5.3 billion for FY2009. State Unemployment
Insurance and Employment Service Operations received an additional $260
million, up from $2.6 billion for FY2008 to $2.8 billion for FY2009. Overall, the
omnibus provided $12.4 billion in discretionary funds for DOL for FY2009, $608
million more than FY2008 funding of $11.8 billion.
•
For HHS, funding was increased by the following amounts compared to FY2008:
Community Health Centers, $125 million; NIH, $938 million; CMS Program
Management, $154 million; CMS Fraud and Abuse Control Initiative, $198
million; LIHEAP, $2.5 billion; Head Start, $235 million; and Public Health and
Social Services Emergency Fund, $669 million. Overall, HHS received $71.4
billion in discretionary funds for FY2009, $5.7 billion more than FY2008
funding of $65.7 billion.
•
For ED, ESEA programs were funded at $24.8 billion in the aggregate, $412
million more than in FY2008. Two K-12 education programs received an
increase of at least $100 million in funding from FY2008 to FY2009: Title I, Part
A Grants to LEAs were increased by $594 million; and IDEA Part B grants to
states were increased by $558 million. The only K-12 education program that lost
$100 million or more was the Reading First State Grants program, which
received no funding, a decrease of $393 million from FY2008. One
postsecondary program, Pell Grants, received $3.1 billion more in FY2009. The
maximum appropriated Pell Grant award was $4,860, an increase of $619 over
the appropriated Pell award of $4,241 in FY2008. Overall ED received $63.5
billion in discretionary funds, $4.4 billion more than FY2008 funding of $59.2
billion.
•
For Related Agencies, P.L. 111-8 increased funding for SSA administrative
expenses by $709 million, from $9.7 billion for FY2008 to $10.5 billion for
FY2009. Overall, for FY2009, the Omnibus provided $12.7 billion in
discretionary funding for L-HHS-ED Related Agencies, an increase of $791
million over FY2008 appropriations of $12.0 billion.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
FY2009 Emergency Supplemental Appropriations: P.L. 111-5,
American Recovery and Reinvestment Act of 2009
On February 17, 2009, President Obama signed a broad economic stimulus package, the
American Recovery and Reinvestment Act of 2009 (ARRA), that provided emergency
supplemental appropriations to selected federal programs, among many other provisions.
Discretionary L-HHS-ED programs received a total of $124.2 billion; the funds were generally
made available for obligation until September 30, 2010 (the end of FY2010). H.R. 1 passed the
House on January 28, 2009, and the Senate passed its version on February 10. The conference
report (H.Rept. 111-16) was filed February 12 and agreed to in the House and the Senate on
February 13. The bill became P.L. 111-5 on February 17, 2009. For more information, see CRS
Report R40537, American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary and
Legislative History, by (name redacted) et al.
Two titles of ARRA provided funding for the Departments of Labor, Health and Human Services,
and Education, and Related Agencies. Title VIII provided a total of $70.6 billion in discretionary
funding, including $4.8 billion for the Department of Labor, $21.9 billion for the Department of
Health and Human Services, $42.6 billion for the Department of Education, and $1.2 billion for
Related Agencies. Title XIV provided $53.6 billion to the Department of Education for a new
State Fiscal Stabilization Fund, bringing the ARRA Education total to $96.2 billion for
discretionary programs. The ARRA discretionary total from the two titles was $124.2 billion, a
78% supplement to the $160.1 billion in regular discretionary appropriations for Labor, Health
and Human Services, Education, and Related Agencies for FY2009.
•
For DOL, ARRA included a total of $4.8 billion. Of that amount, $4.2 billion was
for WIA programs. The remainder was for the Community Service Employment
for Older Americans program ($120 million), state unemployment insurance and
employment service operations ($400 million), departmental management ($80
million), and the Office of the Inspector General ($6 million).
•
For HHS, ARRA included a total of $21.9 billion for the agencies funded by the
L-HHS-ED bill. NIH received the largest share at $10.0 billion. The
Administration for Children and Families received $5.2 billion for the Child Care
and Development Block Grant ($2.0 billion) and for Children and Family
Services programs ($3.2 billion). The Office of the HHS Secretary received a
total of $3.1 billion for several programs, including a new Prevention and
Wellness Fund ($1.0 billion) and health information technology activities ($2.0
billion). The Health Resources and Services Administration received $2.5 billion,
$2.0 billion for health centers and $500 million for health professions training
programs. The Agency for Healthcare Research and Quality received a total of
$1.1 billion for comparative effectiveness research ($300 million for AHRQ
programs, $400 million for transfer to NIH, and $400 million for the Secretary to
allocate). The Administration on Aging received $100 million for senior nutrition
programs.
•
For ED, ARRA provided $96.2 billion in discretionary funding for programs that
are or will be administered by the Department. Of the total, $42.6 billion was
appropriated for existing ED programs. Three programs received the largest
shares of the funding, while the balance was provided in smaller amounts to
numerous other ED programs. ARRA provided $10.0 billion for Title I-A,
Education for the Disadvantaged, Grants to Local Educational Agencies. The
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Individuals with Disabilities Education Act (IDEA), Part B Grants to States
program received $11.3 billion. At the postsecondary level, ARRA provided
$15.6 billion in discretionary funding for Pell Grants. The remaining $53.6
billion in ARRA funding for ED was appropriated for the new State Fiscal
Stabilization Fund. The bulk of the money will be provided to states through
formula grants.
•
For Related Agencies, ARRA included $1.2 billion. ARRA provided an
additional $1.0 billion to the Social Security Administration (SSA). Of this
amount, $500 million was designated for replacing SSA’s National Computer
Center and $500 million for processing disability and retirement claims. SSA’s
Office of the Inspector General received an additional $2 million. ARRA also
provided $201 million in additional funding for the Corporation for National and
Community Service.
Continuing Appropriations Resolution, 2009
As mentioned earlier in the “Most Recent Developments” section, a continuing appropriations
resolution (CR, enacted as Division A of P.L. 110-329, H.R. 2638) was signed into law on
September 30, 2008. It provided temporary FY2009 funding for most ongoing L-HHS-ED
activities, including the costs of direct loans and loan guarantees. It covered the period October 1,
2008, through March 6, 2009, because regular appropriations were not enacted before the end of
that period. A continuing resolution for FY2009 was necessary because the regular L-HHS-ED
appropriations were not enacted by the start of FY2009 on October 1, 2008. The CR was
amended on March 6 by P.L. 111-6 to extend the temporary funding through March 11, 2009.
Under the FY2009 continuing resolution, the funding level for most activities was provided at a
rate of operations like that provided in FY2008 appropriations acts and under the same conditions
and authority. (An exception was the provision of full-year funding to HHS for LIHEAP; see
HHS discussions later in this report.) Only the most limited funding actions were authorized in
order to provide for the continuation of projects and activities. New initiatives were prohibited.
For programs with high spend-out rates that normally would occur early in the fiscal year, special
restrictions prohibited spending levels that would impinge on final FY2009 funding decisions.
For entitlements and other mandatory activities, spending was allowed that would maintain
existing program levels under current law, including additional funding, if needed, to continue
benefits for eligible beneficiaries. For additional information, please see CRS Report RL30343,
Continuing Resolutions: Latest Action and Brief Overview of Recent Practices, by (name redacted).
•
Continuing Appropriations Resolution, 2009, Division A of P.L. 110-329
(H.R. 2638), provided temporary appropriations for the period October 1, 2008,
through March 6, 2009, as long as regular appropriations were not enacted
sooner. H.R. 2638 was passed by the House on September 24 and by the Senate
on September 27, and signed into law by President George W. Bush on
September 30, 2008, as P.L. 110-329.
•
Further Continuing Appropriations, 2009, P.L. 111-6 (H.J.Res. 38), extended
the provisions of Division A of P.L. 110-329 through March 11, 2009. H.J.Res.
38 was passed by the House and the Senate on March 6, 2009, and was signed
into law as P.L. 111-6 by President Obama the same day.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
302(a) and 302(b) Allocation Ceilings
The maximum budget authority for annual L-HHS-ED appropriations is determined through a
two-stage congressional budget process. In the first stage, Congress establishes the 302(a)
allocations—the maximum spending totals for all congressional committees for a given fiscal
year. This task is sometimes accomplished through the concurrent resolution on the budget, where
spending totals are specified through the statement of managers in the conference report. In years
when the House and Senate do not reach a budget agreement, these totals may be set through
leadership arrangements in each chamber. The 302(a) allocations determine spending totals for
each of the various committees, as well as the total discretionary budget authority available for
enactment in annual appropriations through the House and Senate Committees on Appropriations.
Congress reached agreement on the FY2009 budget resolution in early June, 2008, when the
Senate (June 4) and the House (June 5) agreed to the conference report (H.Rept. 110-659)
accompanying S.Con.Res. 70. The resolution established a 302(a) discretionary budget allocation
to the Appropriations Committees of $1,011.7 billion. The resolution allowed the Budget
Committees to increase that amount if certain conditions relating to funding of specific programs
were met. On July 16, 2008, the Senate Budget Committee increased its 302(a) allocation by
$968 million to $1,012.7 billion. For the purpose of comparison, the 302(a) discretionary
allocation originally agreed to for FY2008 was $953.1 billion.
In the second stage of the annual congressional budget process, the House and Senate
Committees on Appropriations separately establish the 302(b) allocations—the maximum
discretionary budget authority available to each subcommittee for each annual appropriations bill.
The total of these allocations must not exceed the 302(a) discretionary total. This process creates
the basis for enforcing discretionary budget discipline, since any appropriations bill reported with
a total above the ceiling is subject to a point of order. The 302(b) allocations can and often do get
adjusted during the year as the various appropriations bills progress toward final enactment.
Table 6 shows the 302(b) discretionary allocations for the FY2009 L-HHS-ED appropriations
determined by the House and Senate Committees on Appropriations. Comparable amounts for the
FY2008 appropriations and the President’s FY2009 budget request are also shown. Both the
302(a) and 302(b) allocations regularly become contested issues in their own right.
Table 6. FY2009 302(b) Discretionary Allocations for L-HHS-ED
(budget authority in billions of dollars)
FY2008
Comparable
FY2009
Request
Comparable
FY2009
House
Allocation
FY2009
Senate
Allocation
FY2009
Enacted
144.8
145.4
152.6
153.1
152.3
Sources: The FY2009 House allocation is based on H.Rept. 110-746, July 8, 2008; the FY2009 Senate allocation
is based on S.Rept. 110-423, July 16, 2008. The comparable amounts for FY2008 budget authority and the
FY2009 budget request are based on the July 1, 2008, table from Senate Appropriations Committee. The FY2009
Enacted amount is based on the March 2009 table from the House Appropriations Committee.
Advance Appropriations
Advance appropriations occur when funds enacted in one fiscal year are not available for
obligation until a subsequent fiscal year. For example, P.L. 110-161, which enacted FY2008 L-
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Labor, Health and Human Services, and Education: FY2009 Appropriations
HHS-ED appropriations, provided $420 million for the Corporation for Public Broadcasting
(CPB) for use in FY2010. Advance appropriations may be used to meet several objectives. These
might include the provision of long-term budget information to recipients, such as state and local
educational systems, to enable better planning of future program activities and personnel levels.
The more contentious aspect of advance appropriations, however, involves how they are counted
in budget ceilings.
Advance appropriations avoid the 302(a) and 302(b) allocation ceilings for the current year, but
must be counted in the year in which they first become available for obligation. This procedure
uses up ahead of time part of what will be counted against the allocation ceiling in future years. In
FY2002, the President’s budget proposed the elimination of advance appropriations for federal
discretionary programs, including those for L-HHS-ED programs. Congress rejected that
proposal, and the proposal has not been repeated. For an example of the impact of advance
appropriations on program administration, see the discussion titled “Forward Funding and
Advance Appropriations” in the section on the Department of Education, later in this report.
The FY1999 and FY2000 annual L-HHS-ED appropriations bills provided significant increases
in advance appropriations for discretionary programs, moving from $4.0 billion in FY1998 to
$19.0 billion in FY2000. From FY2001 through FY2007, advance appropriations generally were
provided at $19.3 billion, with the exceptions of $18.8 billion in FY2001 and $21.5 billion in
FY2003. For FY2008, President Bush requested $18.9 billion, but Congress decided to add $2.0
billion to the previous total, bringing the amount to $21.3 billion. For FY2009, President Bush
requested $20.9 billion in discretionary advance appropriations for L-HHS-ED. The House draft
bill recommended advances of $24.8 billion, while the Senate-reported bill included advance
appropriations totaling $23.0 billion. The final amount included in the Omnibus Appropriations
Act, 2009, was $24.8 billion. At that level, advance appropriations accounted for 15.5% of the LHHS-ED program-level discretionary total of $160.1 billion in FY2009. In terms of current-year
funding, advances from previous years, at $21.3 billion, represented 14.0% of the current-year
discretionary total of $152.3 billion for FY2009.
From FY1998 to the present, advance appropriations included in L-HHS-ED bills have been as
follows:
•
FY1998, $4.0 billion;
•
FY1999, $8.9 billion;
•
FY2000, $19.0 billion;
•
FY2001, $18.8 billion;
•
FY2002, $19.3 billion;
•
FY2003, $21.5 billion;
•
FY2004, $19.3 billion;
•
FY2005, $19.3 billion;
•
FY2006, $19.3 billion;
•
FY2007, $19.3 billion;
•
FY2008, $21.3 billion;
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
FY2009, President’s budget request, $20.9 billion;
•
FY2009, House committee draft recommendation, $24.8 billion;
•
FY2009, Senate committee-reported bill, $23.0 billion; and
•
FY2009, P.L. 111-8, $24.8 billion.
Department of Labor
FY2008 discretionary appropriations for the Department of Labor (DOL) were $11.8 billion. For
FY2009, the George W. Bush Administration requested $10.5 billion, $1.3 billion (10.7%) less
than the FY2008 amount, as shown in Table 7. The draft bill marked up but not reported by the
House Appropriations Committee included $12.2 billion in discretionary funding, an increase of
$413 million (3.5%) over FY2008. The bill reported by the Senate Committee on Appropriations
recommended $12.4 billion for FY2009, an increase of $551 million (4.7%) over FY2008. P.L.
111-8 provided $12.4 billion, increasing funding by $608 million (5.2%) over spending for
FY2008. ARRA provided an additional $4.8 billion in discretionary funding for FY2009, some
portion of which will not be obligated until FY2010. Total discretionary appropriations for DOL
for FY2009 were $17.2 billion, an increase of $5.4 billion (45.9%) over FY2008.
Table 7. Department of Labor Discretionary Appropriations
($ in billions)
Funding
FY2008
Comparable
FY2009
Request
FY2009
House
Comm.
FY2009
Senate
Comm.
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Appropriations
11.8
10.5
12.2
12.4
12.4
4.8
17.2
Sources: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting
House and Senate committee work in the 110th Congress on proposed FY2009 L-HHS-ED bills, and final passage
of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded.
Mandatory DOL programs included in P.L. 111-8 were funded at $2.9 billion and consist of the
Black Lung Disability Trust Fund ($1,072 million), Federal Unemployment Benefits and
Allowances ($959 million), Advances to the Unemployment Insurance and Other Trust Funds
($422 million), Special Benefits for Disabled Coal Miners ($244 million), Employment Standards
Administration (ESA) Special Benefits ($163 million), and administrative expenses for the
Energy Employees Occupational Illness Compensation Fund ($50 million). ARRA did not
include additional funding for DOL for mandatory programs.
Key Issues
President’s Request
President George W. Bush’s FY2009 budget request for DOL included funding changes for a
number of activities. Proposed discretionary changes of at least $100 million compared to
FY2008 appropriations were as follows.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
The request reduced funding for Workforce Investment Act (WIA) programs by
$553 million, from $5.2 billion for FY2008 to $4.6 billion for FY2009.
•
Appropriations for WIA Dislocated Worker Assistance programs, funded at $1.5
billion in FY2008, were reduced by $241 million. 1
•
WIA Adult Training grants to states, funded at $862 million in FY2008, were
reduced by $150 million.
•
Funding for Community Service Employment for Older Americans fell $172
million, from $522 million to $350 million.
•
The President proposed to eliminate $703 million in funding for Employment
Service grants to states, leaving $20 million in funding for other Employment
Service activities. These grants fund a nationwide system of employment services
for job-seekers and employers. The President proposed that these services be
provided by One-Stop Career Centers.
•
The request increased funding for State Unemployment Insurance and
Employment Service Operations by $172 million, from $2,464 million for
FY2008 to $2,636 million for FY2009. The Supplemental Appropriations Act of
2008 (H.R. 2642, P.L. 110-252) included an additional $110 million for these
operations for FY2008, for a total of $2.574 million. Thus, the President’s request
was $62 million above total FY2008 funding.
The President requested $2.8 billion for new individual Career Advancement
Accounts (CAA). To pay for the accounts, the request eliminated or reduced funding
for WIA Adult, Youth, and Dislocated Worker programs; the Work Opportunity Tax
Credit (WOTC); and workforce information. The request proposed that the maximum
amount of an account be $3,000 per year.
Draft House Bill
The House Appropriations Committee did not complete its markup of the draft L-HHS-ED bill.
Recommended funding for DOL, taken from a table reflecting committee actions, differed by at
least $100 million from the President’s budget request, as follows.
•
The draft House bill raised funding for WIA programs by $693 million above the
Administration’s request for $4.6 billion and by $140 million above the amount
appropriated for FY2008.
•
The draft proposal funded WIA Dislocated Worker Assistance programs at $1.5
billion, which was $281 million above the Administration’s request and $40
million above funding approved for FY2008.
•
The draft increased funding for the Job Corps by $153 million above the
Administration’s request of $1.6 billion and $107 million above funding for
FY2008.
1
Appropriations for FY2008 set aside $123 million from the Dislocated Worker Assistance National Reserve program
for the Community College initiative. The President requested $125 million in direct appropriations for Community
College grants.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
The draft funded WIA Adult Training grants to states at $862 million, which was
$150 million more than the Administration’s request and the same as funding for
FY2008.
•
Community Service Employment for Older Americans received $222 million
more than the Administration’s request of $350 million and $50 million more
than Congress appropriated for FY2008.
•
The draft bill provided $703 million for Employment Service grants to states,
which was $703 million above the President’s request and the same as funding
for FY2008.
The House committee did not recommend the creation of individual Career Advancement
Accounts (CAA).
Senate Bill
For DOL programs, the bill reported by the Senate Appropriations Committee differed from the
draft House bill by at least $100 million as follows:
•
The bill reported by the Senate committee increased funding for State
Unemployment Insurance and Employment Service Operations by $196 million
above the $2.6 billion recommended in the draft House bill and requested by the
President.
The Senate committee did not recommend the creation of individual Career Advancement
Accounts (CAA).
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009
Compared to FY2008 funding, P.L. 111-8 increased discretionary funding by at least $100 million
in the following areas:
•
WIA funding was increased by $127 million, from $5.2 billion for FY2008 to
$5.3 billion for FY2009.
•
Funding for State Unemployment Insurance and Employment Service Operations
was raised by $260 million, from a total of $2.6 billion in FY2008 to $2.8 billion
for FY2009.
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act
ARRA included a total of $4.8 billion for the Department of Labor. All of the stimulus funding
was for discretionary programs, and represented a 39% supplement to the $12.4 billion in regular
FY2009 discretionary funding for DOL. Of the $4.8 billion total, $4.2 billion was provided for
employment and training programs authorized by WIA, and the remaining $606 million went to
related DOL programs. The amount for WIA programs represented a 79% supplement to the $5.3
billion in the Omnibus Appropriations Act, 2009. Of the $4.2 billion in WIA funding, a total of
$4.0 billion was appropriated for Training and Employment Services activities as follows: (1)
formula grants to states received $3.0 billion, including $500 million in grants for adult
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Labor, Health and Human Services, and Education: FY2009 Appropriations
employment and training, $1.2 billion in grants for youth activities, and $1.3 billion in grants for
dislocated worker assistance; (2) the Dislocated Workers Assistance National Reserve received
$200 million; (3) the YouthBuild program received $50 million; and (4) $750 million was
provided for a new program of competitive grants for worker training and placement in highgrowth and emerging industries. The remaining $250 million in WIA funding went to the Office
of Job Corps for construction and renovation of Job Corps centers. The balance of ARRA funding
for DOL was for the Community Service Employment for Older Americans program ($120
million), state unemployment insurance and employment service operations ($400 million),
departmental management ($80 million), and the Office of the Inspector General ($6 million).2
Unlike most regular appropriations, ARRA made the stimulus funds available for obligation for
two years, until the end of FY2010. DOL has developed program-specific plans for spending the
money, indicating how much they expect to obligate in FY2009 and FY2010. The plans are
available at http://www.dol.gov/recovery, together with other DOL Recovery Act reports.
CRS Products
CRS Report R40182, Funding for Workforce Development in the American Recovery and
Reinvestment Act (ARRA) of 2009, by (name redacted) and (name redacted).
CRS Report RL34383, Trade Adjustment Assistance (TAA) for Workers: Current Issues and
Legislation, by (name redacted).
CRS Report RS22718, Trade Adjustment Assistance for Workers (TAA) and Reemployment Trade
Adjustment Assistance (RTAA), by (name redacted).
CRS Report RL33362, Unemployment Insurance: Available Unemployment Benefits
and Legislative Activity, by (name redacted) and (name redacted).
CRS Report R40368, Unemployment Insurance Provisions in the American Recovery and
Reinvestment Act of 2009, by (name redacted), (name redacted), and (name redacted).
CRS Report RL33687, The Workforce Investment Act (WIA): Program-by-Program Overview and
Funding of Title I Training Programs, by (name redacted).
Websites
Department of Labor
http://www.dol.gov
http://www.dol.gov/dol/aboutdol/main.htm#budget
2
For more information on ARRA funds for DOL, see CRS Report R40182, Funding for Workforce Development in the
American Recovery and Reinvestment Act (ARRA) of 2009, by (name redacted) and (name redacted).
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Detailed Appropriations Table
Table 8 shows the appropriations details for offices and major programs of DOL.
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Table 8. Detailed Department of Labor Appropriations
($ in millions)
Office or Major Program
Total Workforce Investment Act, Title I (WIA)
(non-add)
FY2008
Comparable
5,186
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
4,633
5,326
5,269
5,314
4,200
9,514
Employment and Training Administration (ETA)
Training and Employment Services (TES)
WIA Adult Training Grants to States
862
712
862
864
862
500
1,362
WIA Youth Training
924
841
924
931
924
1,200
2,124
WIA Dislocated Worker Assistance (DWA)
1,465
1,224
1,505
1,482
1,467
1,450
2,917
DWA State Grants (non-add)
1,184
943
1,184
1,200
1,184
1,250
2,434
DWA National Reserve Community College
initiative set aside (non-add)a
123
0
145
125
125
0
125
DWA National Reserve, other (non-add)a
158
281
176
157
158
200
358
WIA Migrant and Seasonal Farmworkers
80
0
82
83
83
0
83
WIA Community College Grants
(Community-Based Job Training)a
0
125
0
0
0
0
0
Other WIA and TES Activities
246
285
230
259
291
800
1,091
3,576
3,061
3,602
3,619
3,626
3,950
7,576
Community Service Employment for
Older Americans
522
350
572
572
572
120
692
Federal Unemployment Benefits and
Allowances (mandatory)b
889
959
959
959
959
0
959
TES subtotal
State Unemployment Insurance and Employment Service Operations (SUI/ESO)
Unemployment Compensation
2,574
2,636
2,636
2,832
2,833
0
2,833
Employment Service
723
20
725
724
724
400
1,124
Employment Service State Grants (non-add)
703
0
703
704
704
400
1,104
Foreign Labor Certification
54
78
66
70
68
0
68
CRS-28
Office or Major Program
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
One-Stop Career Centers
52
49
51
52
52
0
52
Work Incentives Grants
14
0
20
14
17
0
17
SUI/ESO subtotal
3,417
2,783
3,498
3,692
3,695
400
4,095
Advances to Unemployment Trust
Fund and other funds (mandatory)
437
422
422
422
422
0
422
ETA Program Administration
131
144
130
131
130
0
130
8,972
7,719
9,183
9,395
9,405
4,470
13,875
Employee Benefits Security
Administration
139
148
148
139
143
0
143
Pension Benefit Guaranty Corporation (non-add)
427
445
445
445
445
0
445
ESA Salaries and Expenses
421
469
451
438
440
0
440
Office of Labor-Management Standards (OLMS)
(non-add)
45
58
45
45
45
0
45
ESA Special Benefits (mandatory)
203
163
163
163
163
0
163
ESA Special Benefits for Disabled Coal
Miners (mandatory)
270
244
244
244
244
0
244
ESA Energy Employees Occupational Illness
Compensation Fund (Part B administrative
expenses)c (mandatory)
49
50
50
50
50
0
50
1,068
1,072
1,072
1,072
1,072
0
1,072
2,012
1,997
1,980
1,967
1,969
0
1,969
Occupational Safety and Health
Administration (OSHA)
486
502
513
505
513
0
513
Mine Safety and Health Administration
(MSHA)
332
332
335
347
347
0
347
Bureau of Labor Statistics
545
593
596
598
597
0
597
Office of Disability Employment Policy
27
12
21
27
27
0
27
ETA subtotal
Employment Standards Administration (ESA)
ESA Black Lung Disability Trust Fund
(mandatory)
ESA subtotal
CRS-29
Office or Major Program
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Departmental Management
International Labor Affairs
81
15
81
86
86
0
86
1,611
1,565
1,717
1,651
1,684
250
1,934
Veterans Employment and Training
228
238
240
238
239
0
239
Departmental Management, other
287
331
312
310
310
86
396
2,207
2,149
2,351
2,285
2,320
336
2,656
0
0
0
0
0
0
0
Total Appropriationsd
14,719
13,452
15,125
15,263
15,321
4,806
20,127
Current-Year Funding
12,194
10,933
12,606
12,744
12,802
4,806
17,608
One-Year Advance Funding
2,525
2,519
2,519
2,519
2,519
0
2,519
WIA Job Corps
Departmental Management subtotal
Working Capital Fund
TOTALS, DEPARTMENT OF LABOR
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2008 comparable includes supplemental
appropriations from P.L. 110-252 (June 2008), Details may not add to totals due to rounding.
a.
The WIA community college initiative (i.e., Community-Based Job Training program) was funded at $123 million in FY2008 from Dislocated Worker Assistance
National Reserve funds. The President’s budget for FY2009 requested direct appropriations of $125 million. To reflect this difference, in Table 8 the program is
shown on two lines.
b.
Federal Unemployment Benefits and Allowances consist of funding for benefits and training for workers under the Trade Adjustment Assistance (TAA) program.
c.
Before FY2009, appropriations for administrative and statutory activities under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA)
were in DOL, with some of the funding transferred to the Centers for Disease Control and Prevention (CDC) by interagency agreement. The FY2009 request
proposed direct appropriations (mandatory) to CDC for the activities.
d.
Appropriations totals include discretionary and mandatory spending and may be subject to additional scorekeeping and other adjustments.
CRS-30
Labor, Health and Human Services, and Education: FY2009 Appropriations
Department of Health and Human Services
FY2008 discretionary appropriations for the Department of Health and Human Services (HHS)
were $65.7 billion. For FY2009, President George W. Bush’s revised budget request was $64.7
billion, $953 million (1.5%) less than the FY2008 amount, as shown in Table 9. The draft bill
marked up but not reported by the House Appropriations Committee included $69.2 billion in
discretionary funding, an increase of $3.5 billion (5.3%) over FY2008. The bill reported by the
Senate Committee on Appropriations recommended $68.2 billion for FY2009, an increase of $2.6
billion (3.9%) over FY2008. Regular discretionary appropriations for HHS totaled $71.4 billion
($66.3 billion from the FY2009 Omnibus Appropriations Act, P.L. 111-8, and $5.1 billion for
LIHEAP from the FY2009 Continuing Resolution, Division A of P.L. 110-329). The total was an
increase of $5.7 billion (8.7%) over FY2008. ARRA provided an additional $21.9 billion in
discretionary funding for FY2009, some portion of which will not be obligated until FY2010.
Total discretionary appropriations for HHS for FY2009 were $93.3 billion, an increase of $27.6
billion (42.1%) over FY2008.
Table 9. Department of Health and Human Services Discretionary Appropriations
($ in billions)
Funding
FY2008
Comparable
FY2009
Request
FY2009
House
Comm.
FY2009
Senate
Comm.
FY2009
Omnibus
+ CR
FY2009
ARRA
P.L. 111-5
FY2009
Total
Appropriations
65.7
64.7
69.2
68.2
71.4
21.9
93.3
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations (see Table
10 for more details on sources). Amounts represent discretionary spending funded by L-HHS-ED appropriations;
funds for mandatory programs are excluded, as are funds for the Food and Drug Administration (FDA) and the
Indian Health Service (IHS). FDA and IHS are both agencies of HHS, but they are funded through other
appropriations bills.
Mandatory HHS programs included in the L-HHS-ED act were funded at $429.8 billion in
FY2009, and consist primarily of Medicaid Grants to States ($221.0 billion), Payments to
Medicare Trust Funds ($195.4 billion, including both Part B Supplementary Medical Insurance
and Part D Prescription Drugs), Foster Care and Adoption Assistance State Payments ($6.9
billion), Family Support Payments to States ($3.8 billion), and the Social Services Block Grant
($1.7 billion).
Key Issues
President’s Request
President George W. Bush’s FY2009 budget request for HHS proposed increased support for the
Public Health and Social Services Emergency Fund (PHSSEF), for Head Start, and for program
management and a fraud control initiative for the administration of Medicare and Medicaid. At
the same time, it proposed overall funding reductions for health resources and services, disease
control and prevention, substance abuse and prevention, programs for children and families, and
services for the aging. Not all programs in each category were decreased; selected programs in
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Labor, Health and Human Services, and Education: FY2009 Appropriations
most of the categories were requested for increases. Requests for major changes are indicated
below.
Discretionary spending changes of at least $100 million were requested in the President’s FY2009
budget for several HHS programs, as follows.
•
Health Professions programs other than those for nursing, funded at $194 million
in FY2008, were eliminated.
•
Children’s Hospitals Graduate Medical Education (CHGME), funded at $302
million in FY2008, was eliminated.
•
Rural Health Programs, funded at $136 million in FY2008, were reduced by
$112 million to $25 million.
•
Health Care-Related Facilities and Activities, funded at $304 million in FY2008,
were eliminated.
•
National Institutes of Health, funded at $29.4 billion in FY2008, was reduced by
$150 million to $29.2 billion.
•
At the Substance Abuse and Mental Health Services Administration (SAMHSA),
Mental Health programs, funded at $889 million in FY2008, were reduced by
$126 million to $763 million.
•
At the Centers for Medicare and Medicaid Services (CMS), a Fraud and Abuse
Control Initiative was proposed for new funding at $198 million, while CMS
Program Management was increased by $156 million, from $3.2 billion in
FY2008 to $3.3 billion.
•
The Low-Income Home Energy Assistance Program (LIHEAP), funded at $2.6
billion in FY2008, was decreased by $570 million to $2.0 billion.
•
The Social Services Block Grant, funded at $1.7 billion in FY2008, would have
been reduced by $500 million to $1.2 billion, but only if a legislative change
proposed by the Administration had been adopted by Congress. (Under current
law, the request remained at $1.7 billion.)
•
Head Start, funded at $6.9 billion in FY2008, was increased by $149 million to
$7.0 billion.
•
The Community Services Block Grant (CSBG), funded at $654 million in
FY2008, was eliminated.
•
The PHSSEF, funded at $729 million in FY2008, was increased in the revised
request by $1.6 billion to $2.3 billion. Funding includes homeland security
activities (increased by $685 million) and pandemic influenza preparedness
(increased by $873 million).
Draft House Bill
The House Appropriations Committee did not complete its markup of the draft L-HHS-ED bill.
Recommended funding for HHS, taken from a table reflecting committee actions, differed by at
least $100 million from the President’s budget request, as follows.
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
Health Professions other than nursing received $244 million. No funds were
requested; $194 million was provided in FY2008.
•
The CHGME received $310 million. No funds were requested; $302 million was
provided in FY2008.
•
Health Care-Related Facilities and Activities received $158 million. No funds
were requested; $304 million was provided in FY2008.
•
The CDC Infectious Diseases program received $2.0 billion, $106 million more
than requested; $1.9 billion was provided in FY2008.
•
The CDC Terrorism Preparedness and Response program received $1.5 billion,
$100 million more than requested; $1.5 billion was provided in FY2008.
•
The Preventive Health and Health Services Block Grant (PHBG) received $100
million. No funds were requested; $97 million was provided in FY2008.
•
The National Institutes of Health (NIH) received $30.4 billion, $1.2 billion more
than requested; $29.4 billion was provided in FY2008.
•
SAMHSA Mental Health programs received $932 million, $169 million more
than requested; $889 million was provided in FY2008.
•
The Agency for Healthcare Research and Quality (AHRQ) received an
appropriation of $323 million; previously, all of its funding came from the PHS
Evaluation Tap. The draft House bill provided an additional $52 million from the
PHS tap, for a total of $375 million, $49 million more than the request; AHRQ
received $335 million from the tap in FY2008.
•
LIHEAP received $2.8 billion, $770 million more than requested; $2.6 billion
was provided in FY2008.
•
The CSBG was funded at $700 million. No funds were requested; $654 million
was provided in FY2008.
•
The Administration on Aging received $1.5 billion, $111 million more than
requested; $1.4 billion was provided in FY2008.
•
The PHSSEF received $1.4 billion, $857 million less than was included in the
revised request; $729 million was provided in FY2008. Funding for homeland
security activities was decreased by $486 million and for pandemic influenza
preparedness by $363 million.
Senate Bill
As reported, the Senate bill differed from the draft House measure by at least $100 million for
several HHS programs.
•
CDC Buildings and Facilities was funded at $150 million. No funds were
recommended in the House draft bill, and none were requested; $55 million was
provided in FY2008.
•
The NIH received $30.3 billion, $125 million less than the House amount of
$30.4 billion; $29.2 billion was requested, and $29.4 billion was provided, in
FY2008.
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
AHRQ received an appropriation of $91 million, $232 million less than the
House amount of $323 million. The Senate bill provided an additional $244
million from the PHS Evaluation Tap, for a total of $335 million. Total funding
for AHRQ was $40 million less than the House total of $375 million, and $9
million more than the request; AHRQ received $335 million from the tap in
FY2008.
•
LIHEAP was funded at $2.6 billion, $200 million less than the House amount of
$2.8 billion; $2.0 billion was requested, and $2.6 billion was provided in
FY2008.
•
The PHSSEF received $1.3 billion, $192 million less than the House amount of
$1.4 billion; $2.3 billion was included in the revised request, and $729 million
was provided in FY2008. Funding for homeland security activities was decreased
by $187 million below the House amount, while the recommended level for
pandemic influenza preparedness was the same as in the draft House bill.
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009
Compared to FY2008 funding, P.L. 111-8 changed discretionary spending by at least $100 million
for several HHS programs.
•
Community Health Centers received $2.2 billion, $98 million more than
requested and $125 million more than the FY2008 amount of $2.1 billion.
•
NIH received $30.3 billion, $1.1 billion more than requested and $938 million
more than the FY2008 amount of $29.4 billion.
•
CMS Program Management received $3.3 billion, $2 million less than requested
and $154 million more than the FY2008 amount of $3.2 billion.
•
The CMS Fraud and Abuse Control Initiative received $198 million, the same as
was requested; there was no funding in FY2008.
•
LIHEAP received no funding in P.L. 111-8 because it had received its full-year
appropriation in the FY2009 Continuing Appropriations Resolution, P.L. 110329, Division A. LIHEAP was funded at $5.1 billion, $3.1 billion more than
requested and $2.5 billion more than the FY2008 amount of $2.6 billion.
•
Head Start received $7.1 billion, $86 million more than requested and $235
million more than the FY2008 amount of $6.9 billion.
•
The PHSSEF received $1.4 billion, $903 million less than requested and $669
million more than the FY2008 amount of $729 million. Included in the funding
was $788 million for homeland security activities and $585 million for pandemic
influenza preparedness; the comparable FY2008 amounts were $633 million and
$75 million.
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act
ARRA included a total of $21.9 billion for the HHS agencies funded by the annual L-HHS-ED
appropriations act. All of the stimulus funding was for discretionary programs, and represented a
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Labor, Health and Human Services, and Education: FY2009 Appropriations
31% supplement to the $71.4 billion in regular FY2009 discretionary funding for HHS. Of the
$21.9 billion, the National Institutes of Health (NIH) received the largest share at $10.0 billion (a
33% supplement to regular FY2009 appropriations). The Administration for Children and
Families received $5.2 billion, including $2.0 billion for the Child Care and Development Block
Grant (a 94% supplement) and $3.2 billion for Children and Family Services programs (a 34%
supplement). The Office of the HHS Secretary received a total of $3.1 billion for several
programs, including $1.0 billion for a new Prevention and Wellness Fund and $2.0 billion to
implement activities authorized under the Health Information Technology for Economic and
Clinical Health Act (Division A, Title XIII of ARRA).3 The Health Resources and Services
Administration received $2.5 billion, including $2.0 billion for health centers (a 91% supplement)
and $500 million for health professions training programs. The Agency for Healthcare Research
and Quality (AHRQ) received a total of $1.1 billion for comparative effectiveness research ($300
million for AHRQ programs, $400 million for transfer to NIH, and $400 million for the Secretary
to allocate). Finally, the Administration on Aging received $100 million for senior nutrition
programs. 4
Unlike most regular appropriations, ARRA made the stimulus funds available for obligation for
two years, until the end of FY2010. HHS agencies have developed implementation plans for
spending the money, indicating how much they expect to obligate in FY2009 and FY2010. The
plans are available at http://www.hhs.gov/recovery/reports/index.html, together with other HHS
Recovery Act reports.
Abortion: Funding Restrictions
Annual L-HHS-ED appropriations regularly contain restrictions that limit—for one year at a
time—the circumstances under which federal funds can be used to pay for abortions. Restrictions
on appropriated funds, popularly referred to as the “Hyde Amendments,” generally apply to all LHHS-ED funds. Medicaid is the largest program affected. Given the perennial volatility of this
issue, these provisions may be revisited at any time during the annual consideration of L-HHSED appropriations. From FY1977 to FY1993, abortions could be funded only when the life of the
mother was endangered. The 103rd Congress modified the provisions to permit federal funding of
abortions in cases of rape or incest. The FY1998 L-HHS-ED appropriations, P.L. 105-78,
extended the Hyde provisions to prohibit the use of federal funds to buy managed care packages
that include abortion coverage, except in the cases of rape, incest, or life endangerment. The
FY1999 L-HHS-ED appropriations, P.L. 105-277, continued the FY1998 Hyde Amendments with
two added provisions: (1) a clarification to ensure that the restrictions apply to all trust fund
programs (namely, Medicare), and (2) an assurance that Medicare + Choice plans (now Medicare
Advantage) cannot require the provision of abortion services. No changes were made from
FY2000 through FY2004.
The FY2005 L-HHS-ED appropriations, P.L. 108-447 (H.Rept. 108-792, p. 1271), added a
restriction, popularly referred to as the “Weldon Amendment,” that prevents federal programs or
3
For more information, see CRS Report R40161, The Health Information Technology for Economic and Clinical
Health (HITECH) Act, by (name redacted).
4
For more information on HHS programs in ARRA, see CRS Report R40181, Selected Health Funding in the
American Recovery and Reinvestment Act of 2009, coordinated by (name redacted); CRS Report R40211,
Human
Services Provisions of the American Recovery and Reinvestment Act, by (name redacted) et al.; and CRS Report RL33880,
Older Americans Act (OAA) Funding, by (name redacted).
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2009 Appropriations
state or local governments that receive L-HHS-ED funds from discriminating against health care
entities that do not provide or pay for abortions or abortion services. The FY2006, FY2007,
FY2008, and FY2009 L-HHS-ED appropriations retained the Weldon amendment language and
the Hyde restrictions. The current provisions can be found in §507 and §508 of P.L. 111-8,
Division F. For additional information, please see CRS Report RL33467, Abortion: Legislative
Response, by (name redacted).
Human Embryonic Stem Cell Research: Funding Restrictions
Many scientists are interested in pursuing research using human embryonic stem cells, but
funding restrictions have been in place for a number of years. The use of stem cells raises ethical
issues for some because the embryos are destroyed in order to obtain the cells. In August 2001,
President George W. Bush had announced that for the first time, federal funds could be used to
support research on human embryonic stem cells, but that funding would be limited to “existing
stem cell lines.” On March 9, 2009, President Barack Obama signed an executive order reversing
that limitation. The Obama decision directed the National Institutes of Health to issue new
guidelines for the conduct of embryonic stem cell research. Draft guidelines were released on
April 23, 2009, and final guidelines were issued on July 6, 2009.
As part of a continuing resolution for FY1996 appropriations (P.L. 104-99, §128), Congress
prohibited NIH from using funds for the creation of human embryos for research purposes or for
research in which human embryos are destroyed. Since FY1997, annual appropriations acts have
extended the prohibition to all L-HHS-ED funds, with the NIH as the agency primarily affected.
The restriction, originally introduced by Representative Jay Dickey, has not changed significantly
since it was first enacted. The current provision is found in §509 of P.L. 111-8, Division F. For
additional information, please see CRS Report RL33540, Stem Cell Research: Federal Research
Funding and Oversight, by (name redacted) and (name redacted).
CRS Products
Health
CRS Report R40554, The 2009 Influenza Pandemic: An Overview, by (name redacted) and (na
me redacted).
CRS Report RL33467, Abortion: Legislative Response, by (name redacted).
CRS Report RL30731, AIDS Funding for Federal Government Programs: FY1981-FY2009, by
(name redacted).
CRS Report RL34448, Federal Research and Development Funding: FY2009, coordinated by
(name redacted)
CRS Report RS22438, Health Workforce Programs in the Public Health Service (PHS) Act:
Appropriations History, FY2001-FY2010, by (name redacted) and (name redacted
).
CRS Report RS21044, Legal Issues Related to Human Embryonic Stem Cell Research, by
(name redacted).
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2009 Appropriations
CRS Report RL33695, The National Institutes of Health (NIH): Organization, Funding, and
Congressional Issues, by (name redacted).
CRS Report RL34098, Public Health Service (PHS) Agencies: Background and Funding,
coordinated by (name redacted).
CRS Report RL33279, The Ryan White HIV/AIDS Program, by (name redacted).
CRS Report R40181, Selected Health Funding in the American Recovery and Reinvestment Act of
2009, coordinated by (name redacted).
CRS Report RL33540, Stem Cell Research: Federal Research Funding and Oversight, by (name r
edacted) and (name redacted).
CRS Report RL33997, Substance Abuse and Mental Health Services Administration (SAMHSA):
Reauthorization Issues, by (name redacted).
Human Services
CRS Report RL34121, Child Welfare: Recent and Proposed Federal Funding, by (name r
edacted).
CRS Report RL32872, Community Services Block Grants (CSBG): Background and Funding, by
(name redacted).
CRS Report R40212, Early Childhood Care and Education Programs: Background and Funding,
by (name redacted) and (name redacted).
CRS Report R40473, Family Violence Prevention and Services Act: Programs and Funding, by
(name redacted).
CRS Report R40211, Human Services Provisions of the American Recovery and Reinvestment
Act, by (name redacted) et al.
CRS Report RS22185, Individual Development Accounts (IDAs): Background and Current
Legislation for Federal Grant Programs to Help Low-Income Families Save, by (name redacted).
CRS Report RL31865, The Low-Income Home Energy Assistance Program (LIHEAP): Program
and Funding, by (name redacted).
CRS Report RL33880, Older Americans Act (OAA) Funding, by (name redacted).
CRS Report 94-953, Social Services Block Grant (Title XX of the Social Security Act), by (name
redacted).
CRS Report RL30871, Violence Against Women Act: History and Federal Funding, by (name redac
ted).
CRS Report RL33975, Vulnerable Youth: Background and Policies, by Adrienne L. Fernandes.
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2009 Appropriations
Websites
Department of Health and Human Services
http://www.hhs.gov
http://www.hhs.gov/budget/docbudget.htm
Detailed Appropriations Table
Table 10 shows the appropriations details for offices and major programs of HHS.
Congressional Research Service
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Table 10. Detailed Department of Health and
Human Services Appropriations
($ in millions)
Office or Major Program
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Public Health Service (PHS)
Health Resources and Services Administration (HRSA)
Community Health Centers
2,065
2,092
2,165
2,215
2,190
2,000
4,190
National Health Service Corps
123
121
135
135
135
300
435
Health Professions, Nursing
156
110
174
168
171
0
171
Health Professions, other
194
0
244
196
222
200
422
Children’s Hospitals Graduate
Medical Education
302
0
310
310
310
0
310
Maternal and Child Health Block
Grant
659
666
665
659
662
0
662
Autism and Other Developmental
Disorders
36
36
42
42
42
0
42
2,142
2,143
2,242
2,148
2,213
0
2,213
Rural Health Programsa
136
25
122
143
149
0
149
Family Planning (Title X)
300
300
315
300
307
0
307
Health Care-Related Facilities &
Activities
304
0
158
171
310
0
310
Vaccine Injury Compensation Trust
Fund (mandatory)
119
257
257
257
257
0
257
HRSA, other
446
379
519
467
531
0
531
6,983
6,129
7,348
7,211
7,500
2,500
10,000
Ryan White AIDS Programs
HRSA subtotal
Centers for Disease Control and Prevention (CDC)
Infectious Diseases
1,892
1,857
1,963
1,897
1,935
0
1,935
Health Promotion
961
932
1,011
990
1,020
0
1,020
CRS-39
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
55
55
0
55
1,520
1,508
1,515
0
1,515
0
100
97
102
0
102
55
0
0
150
152
0
152
1,565
1,409
1,609
1,672
1,560
0
1,560
6,105
5,673
6,258
6,369
6,339
0
6,339
29,380
29,230
30,380
30,255
30,317
10,000
40,317
FY2009
House
Committee
FY2008
Comparable
FY2009
Request
Energy Employees Occupational
Illness Compensation Program
(mandatory)b
55
55
55
Terrorism Preparedness and
Response
1,479
1,419
Preventive Health/Health Services
Block Grant
97
CDC Buildings and Facilities
Office or Major Program
CDC, other
CDC subtotalc
FY2009
Senate
Committee
National Institutes of Health (NIH)
National Institutes of Healthc
Substance Abuse and Mental Health Services Administration (SAMHSA)
Mental Health
889
763
932
909
948
0
948
(Mental Health Block Grant, non-add)
400
400
400
400
400
0
400
Substance Abuse Treatment
2,075
2,025
2,099
2,078
2,105
0
2,105
Substance Abuse Prevention
194
158
194
191
201
0
201
1,680
1,699
1,699
1,699
1,699
0
1,699
75
79
79
81
81
0
81
3,234
3,025
3,303
3,260
3,335
0
3,335
0
0
323
91
0
1,100
1,100
Evaluation Tap funding (non-add)
335
326
52
244
372
0
372
AHRQ program level (non-add)
335
326
375
335
372
1,100
1,472
45,702
44,057
47,612
47,185
47,491
13,600
61,091
(Substance Abuse Block Grant, nonadd)
SAMHSA, other
SAMHSA subtotal
Agency for Healthcare Research and Quality (AHRQ)
AHRQ Appropriation
PHS subtotal
CRS-40
Office or Major Program
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
Centers for Medicare and Medicaid Services (CMS)
Medicaid Grants to States
(mandatory)
208,921
221,035
221,035
221,035
221,035
0
221,035
Medicare Trust Funds (mandatory)
188,445
195,308
195,383
195,308
195,383
0
195,383
3,152
3,307
3,261
3,271
3,305
0
3,305
0
198
198
198
198
0
198
400,517
419,848
419,877
419,812
419,921
0
419,921
CMS Program Management
Fraud and Abuse Control initiative
CMS subtotal
Administration for Children and Families (ACF)
Family Support Payments
(mandatory)
3,998
3,759
3,759
3,759
3,759
0
3,759
Low Income Home Energy
Assistance Program (LIHEAP)
2,570
2,000
2,770
2,570
5,100d
0
5,100
Refugee and Entrant Assistance
656
628
641
635
633
0
633
2,062
2,062
2,117
2,137
2,127
2,000
4,127
1,700
1,700f
1,700
1,700
1,700
0
1,700
Child Care and Development Block
Grant (CCDBG)
Social Services Block Grant
(SSBG)
(Title XX) (mandatory)
(2,300)e
Head Start
6,878
7,027
7,120
7,105
7,113
2,100
9,213
Child Welfare Services
282
282
282
282
282
0
282
Developmental Disabilities
180
180
183
185
184
0
184
Community Services Block Grant
654
0
700
654
700
1,000
1,700
Battered Women’s Shelters
123
123
131
125
128
0
128
Abstinence Education
109
137
109
80
95
0
95
Children and Family Services, other
745
746
783
754
800
50
850
Promoting Safe and Stable Families
(PSSF) (mandatory)
345
345
345
345
345
0
345
PSSF (discretionary)
63
63
63
73
63
0
63
CRS-41
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
6,843
6,896
6,896
6,896
6,850
0
6,850
27,208
25,947
27,599
27,300
29,879
5,150
35,029
1,413
1,381
1,493
1,478
1,491
100
1,591
General Departmental Management
354
380
372
368
396
0
396
Office of the National Coordinator
for Health Information Technology
42
18
43
23
44
2,000
2,044
Medical Benefits, Commissioned
Officers (mandatory)
397
435
435
435
435
0
435
Public Health and Social Services
Emergency Fund (PHSSEF)
729
2,301
1,444
1,252
1,398
50
1,448
Office of the Assistant Secretary for
Preparedness and Response (non-add)
633
1,318
831
645
788
0
788
Pandemic Influenza Preparedness
(non-add)
75
948
585
585
585
0
585
PHSSEF, other (non-add)
22
35
27
22
25
50
75
Prevention and Wellness Fund
0
0
0
0
0
1,000
1,000
Office of the Secretary, other
141
152
150
188
150
17
167
1,664
3,285
2,443
2,265
2,422
3,067
5,489
Office or Major Program
Foster Care and Adoption
Assistance (mandatory)
ACF subtotal
Administration on Aging (AOA)
Administration on Aging
Office of the Secretary
Office of the Secretary subtotal
TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Total Appropriationsg
476,504
494,519
499,023
498,039
501,204
21,917
523,121
Current-Year Funding
405,047
418,630
424,523
422,151
426,704
21,917
448,621
One-Year Advance Funding
71,457
75,889
74,500
75,889
74,500
0
74,500
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2008 Comparable column includes
supplemental appropriations from P.L. 110-252 (June 2008), but not from P.L. 110-329 (September 2008); see Note e, below. FY2009 Omnibus column also includes
FY2009 funding for LIHEAP provided by P.L. 110-329; see Note d, below. Details may not add to totals due to rounding.
CRS-42
a.
The Denali Commission, previously funded under Rural Health Programs, is now grouped into the “HRSA, other” line in this table.
b.
Before FY2009, EEOICPA administrative and statutory activities were funded through DOL, with some of the funding transferred to CDC by interagency agreement.
For FY2009, CDC received direct appropriations (mandatory) for the activities; Part B administrative expenses are still in DOL.
c.
Two HHS agencies also received FY2008 and FY2009 funds from Interior-Environment appropriations—$74 million for CDC and $78 million for NIH each year. The
amounts are not included in this table.
d.
LIHEAP received no funding in the FY2009 Omnibus Appropriations Act because the FY2009 Continuing Appropriations Resolution (Division A of P.L. 110-329,
enacted September 30, 2008) had provided full-year funding of $5,100 million for the program. Totals in the FY2009 Omnibus columns throughout this report include
the LIHEAP funding where appropriate.
e.
The Disaster Relief and Recovery Supplemental Appropriations Act, 2008 (Division B of P.L. 110-329) provided FY2008 emergency supplemental appropriations of
$600 million for the Social Services Block Grant, to remain available through FY2009. In the tables in this report, the amount is not reflected in the totals for either
year.
f.
The $1.7 billion shown reflects the current law entitlement to states for the Social Services Block Grant. For FY2009, the Bush Administration proposed a reduction of
$500 million in the entitlement, which would bring the requested total to $1.2 billion.
g.
Appropriations totals include discretionary and mandatory funds, and may be subject to additional scorekeeping and other adjustments. Two HHS agencies were
funded through other appropriations in FY2009: the Food and Drug Administration (FDA) in Agriculture appropriations ($2.0 billion), and the Indian Health Service
(IHS) in Interior-Environment appropriations ($3.6 billion); neither agency is included in this table.
CRS-43
Labor, Health and Human Services, and Education: FY2009 Appropriations
Department of Education
FY2008 discretionary appropriations for the Department of Education (ED) were $59.2 billion.
For FY2009, President George W. Bush’s budget request was $60.1 billion, $921 million (1.6%)
over the FY2008 amount, as shown in Table 11. The draft bill marked up but not reported by the
House Appropriations Committee included $63.6 billion in discretionary funding, an increase of
$4.4 billion (7.5%) over FY2008. The bill reported by the Senate Committee on Appropriations
recommended $62.5 billion for FY2009, an increase of $3.3 billion (5.6%) over FY2008. P.L.
111-8 provided $63.5 billion, increasing funding by $4.4 billion (7.4%) over spending for
FY2008. ARRA provided an additional $96.2 billion in discretionary funding for FY2009, some
of which will not be obligated until FY2010. Total discretionary appropriations for ED (including
ARRA funding) for FY2009 were $159.8 billion, an increase of $100.6 billion (170%) over
FY2008.
Table 11. Department of Education Discretionary Appropriations
($ in billions)
Funding
FY2008
Comparable
FY2009
Request
FY2009
House
Comm.
FY2009
Senate
Comm.
FY2009
Omnibus
FY2009
ARRA
FY2009
Total
Appropriations
59.2
60.1
63.6
62.5
63.5
96.2
159.8
Sources:. Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting
House and Senate committee work in the 110th Congress on proposed FY2009 L-HHS-ED bills, and final passage
of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded.
A single mandatory ED program is included in the L-HHS-ED bill; the Vocational Rehabilitation
State Grants program was provided funding of $2.9 billion in FY2009, the same amount it
received in FY2008.
Key Issues
President’s Request
Under the FY2009 budget request, funding for several programs would have increased, and six
new education programs were proposed. 5 While President Bush’s budget requested an increase in
discretionary funding for education of $921 million over the FY2008 funding level, it eliminated
funding for 47 existing programs.
5
These new programs include Math Now ($95 million), Pell Grants for Kids ($300 million), Adjunct Teacher Corps
($10 million), Advanced Placement and International Baccalaureate programs ($70 million). Loans for Short-Term
Training ($3 million), and Advancing American through Foreign Language Partnerships ($24 million). The Advanced
Placement and International Baccalaureate programs authorized by the COMPETES Act would replace the
Advancement Placement program (funded at $44 million in FY2008) authorized by the Elementary and Secondary
Education Act of 1965 (ESEA). The President’s request also made substantial modifications to the 21st Century
Community Learning Centers program, including renaming it the 21st Century Learning Opportunities program.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
The President’s FY2009 budget request proposed changes of at least $100 million for the
following ED programs:
•
Elementary and Secondary Education Act of 1965 (ESEA) programs, funded in
aggregate at $24.4 billion in FY2008, were increased by $125 million in the
President’s FY2009 budget request;6
•
Title I, Part A, Grants to Local Educational Agencies (LEAs) for Education for
the Disadvantaged, funded at $13.9 billion in FY2008, were increased by $406
million;
•
Reading First State Grants, funded at $393 million in FY2008, were increased by
$607 million;
•
One K-12 education initiative of at least $100 million was proposed by the
President: $300 million for Pell Grants for Kids;
•
Teacher Quality State Grants, funded at $2.9 billion in FY2008, were decreased
by $100 million;
•
Educational Technology State Grants, funded at $267 million in FY2008, were
eliminated;
•
21st Century Community Learning Centers, funded at $1.1 billion in FY2008,
were decreased by $281 million and renamed the 21st Century Learning
Opportunities program;
•
The Fund for the Improvement of Education (FIE), funded at $254 million in
FY2008, was reduced by $201 million;
•
The Teacher Incentive Fund, funded at $97 million in FY2008, was increased by
$103 million;
•
Safe and Drug-Free Schools State Grants, funded at $295 million in FY2008,
were decreased by $195 million;
•
The Individuals with Disabilities Education Act (IDEA) Part B Grants to States
program, funded at $10.9 billion in FY2008, were increased by $337 million;
•
The Perkins Career and Technical Education program, funded at $1.3 billion in
FY2008, was eliminated;
•
The Pell Grants program, funded at $14.2 billion in FY2008, was increased by
$2.7 billion. The maximum appropriated award was set at $4,310; $4,241 was the
maximum award in FY2008;7
6
These totals are based only on funding for ESEA. When the House and Senate calculate total funding for the No Child
Left Behind Act (NCLBA), which reauthorized the ESEA in 2001, the total includes funding for the Education for
Homeless Children and Youth, and for Comprehensive Centers. The former is authorized by the McKinney-Vento
Homeless Assistance Act, and the latter is authorized by the Educational Technical Assistance Act. Although both Acts
were amended by the NCLBA, none of the funding for either of the two programs is authorized by ESEA. See Table
12 for additional information.
7
The College Cost Reduction Act (CCRA; P.L. 110-84) provided mandatory funding for the Pell Grant program
beginning in FY2008. These mandatory funds ($490 for FY2009) coupled with the maximum discretionary amount
included in the President’s request would have resulted in a maximum Pell Grant award of $4,800 for FY2009. The
total maximum Pell Grant award in FY2008 was $4,731.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
Federal Supplemental Educational Opportunity Grants, funded at $757 million in
FY2008, were eliminated;
•
Aid for Institutional Development, funded at $501 million in FY2008, was
decreased by $139 million; and
•
The Institute for Education Sciences, funded at $546 million in FY2008, was
increased by $112 million.
Draft House Bill
The House Appropriations Committee did not complete its markup of the draft L-HHS-ED bill.
Recommended funding for ED, taken from a table reflecting committee actions, differed by at
least $100 million from the President’s budget request, as follows.
•
Programs authorized by the ESEA in aggregate received $24.9 billion, $380
million more than requested; $24.4 billion was provided in FY2008.8
•
Title I, Part A, Grants to LEAs received $14.5 billion, $150 million more than
requested; $13.9 billion was provided in FY2008.
•
School Improvement Grants received $600 million, $109 million more than
requested; $491 million was provided in FY2008.
•
Reading First State Grants received no funding, whereas $1 billion was
requested; $393 million was provided in FY2008.
•
No funds were provided for the President’s proposed Pell Grants for Kids
initiative, funding of $300 million was requested.
•
Teacher Quality State Grants received $3.0 billion, $125 million more than
requested; $2.9 billion was provided in FY2008.
•
Education Technology State Grants received $272 million; no funds were
requested; $267 million was provided in FY2008.
•
The 21st Century Community Learning Centers received $1.1 billion, $331
million more than requested; $1.1 billion was provided in FY2008.9
•
The Fund for the Improvement of Education received $203 million, $151 million
more than requested; $254 million was provided in FY2008.
•
Safe and Drug-Free Schools State Grants received $295 million, $195 million
more than requested; $295 million was provided in FY2008.
•
IDEA Part B Grants to States received $11.6 billion, $267 million more than
requested; $10.9 billion was provided in FY2008.
8
As previously discussed, this comparison is based only on programs authorized by the ESEA. In determining their
totals for NCLB, the House and Senate Appropriations Committees also include funds for the Education for Homeless
Children and Youth, and for Comprehensive Centers; neither program is authorized by the ESEA. See Table 12 for
additional information.
9
The request proposed $800 million for a reformed and renamed program, the 21st Century Learning Opportunities
program. The House and Senate bills continued to fund the current 21st Century Community Learning Center program.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
•
Perkins Career and Technical Education received $1.3 billion; no funds were
requested; $1.3 billion was provided in FY2008.
•
Pell Grants received $17.3 billion, $394 million more than requested; $14.2
billion was provided in FY2008. The Pell Grant maximum appropriated award
was increased to $4,410; $4,310 was requested as the appropriated maximum
award; $4,241 was the maximum award in FY2008.10
•
Federal Supplemental Opportunity Grants received $757 million; no funds were
requested; $757 million was provided in FY2008.
•
Aid for Institutional Development for higher education received $510 million,
$147 million more than requested; $501 million was provided in FY2008.
Senate Bill
As reported, the Senate bill differed from the draft House measure by at least $100 million for
several ED programs.
•
ESEA programs in aggregate received $24.6 billion, $374 million less than the
House amount of $24.9 billion; $24.5 billion was requested; $24.4 billion was
provided in FY2008.11
•
School Improvement Grants received $491 million, $109 million less than the
House amount of $600 million; $491 million was requested; $491 million was
provided in FY2008.
•
IDEA Part B Grants to States received $11.4 billion, $127 million less than the
House amount of $11.6 billion; $11.3 billion was requested; $10.9 billion was
provided in FY2008.
•
Pell Grants received $16.9 billion, $445 million less than the House amount of
$17.3 billion; $16.9 billion was requested; $14.2 billion was provided in FY2008.
The FY2009 maximum appropriated award would have been $4,310 under the
Senate bill, compared to $4,410 under the House bill. The maximum
appropriated award would have been $4,310 under the request. In FY2008, the
maximum appropriated Pell Grant award was $4,241.12
•
Aid for Institutional Development for higher education received $363 million,
$147 million less than the House amount of $510 million; $363 million was
requested; $501 million was provided in FY2008.
10
When mandatory funding provided by the CCRA is added to the discretionary maximum grant amount recommended
in the draft House bill, the maximum Pell Grant would have been $4,900.
11
As previously discussed, this comparison is based only on programs authorized by the ESEA. In determining their
totals for NCLB, the House and Senate Appropriations Committees also include funds for the Education for Homeless
Children and Youth, and for Comprehensive Centers; neither program is authorized by the ESEA. See Table 12 for
additional information.
12
As previously discussed, the CCRA supplemented the maximum appropriated Pell Grant with an additional $490 in
mandatory funding. Thus, under the Senate reported bill, the maximum Pell Grant would be $4,800, compared with
$4,900 under the House recommended level and $4,800 under the request.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
FY2009 Regular Appropriations: P.L. 111-8, Omnibus Appropriations Act, 2009
Compared to FY2008 funding, P.L. 111-8 changed discretionary spending by at least $100 million
for several ED programs.
•
ESEA programs in aggregate received $24.8 billion, $287 million more than
requested, and $412 million more than the FY2008 amount of $24.4 billion.
•
Title I, Part A, Grants to LEAs received $14.5 billion, $188 million more than
requested, and $594 million more than the FY2008 amount of $13.9 billion.
•
Reading First State Grants received no funding, $1 billion less than requested,
and $393 million less than the FY2008 amount.
•
IDEA Part B Grants to States received $11.5 billion, $221 million more than
requested, and $558 million more than the FY2008 amount of $10.9 billion.
•
Pell Grants received $17.3 billion, $347 million more than requested, and $3.1
billion more than the FY2008 amount of $14.2 billion. The FY2009 maximum
appropriated grant award was $4,860, $550 more than requested and $619 more
than the FY2008 amount of $4,241.
FY2009 Emergency Supplemental Appropriations: P.L. 111-5, American
Recovery and Reinvestment Act
ARRA provided $96.2 billion in total discretionary funding for programs that are or will be
administered by the Department of Education. This was a 151% supplement to the $63.5 billion
in regular FY2009 discretionary appropriations for ED.
Of the $96.2 billion total, $42.6 billion in discretionary funds was appropriated for existing ED
programs (a 90% supplement to the regular FY2009 appropriations for these programs). Three
programs that received the largest shares of the funding are discussed here; the balance of ARRA
funding for existing programs was provided in smaller amounts to numerous other ED
programs. 13 Most of ARRA funds for existing elementary and secondary education programs
were appropriated for programs that provide formula grants directly to states or local educational
agencies (LEAs), while most funds at the postsecondary level were appropriated for Pell Grants,
which go directly to students. For some programs, these appropriations provided a substantial
increase over the amount of funding provided through the regular appropriations process in recent
years. ARRA provided $10.0 billion for Title I-A, Education for the Disadvantaged, Grants to
LEAs, a 69% supplement to the $14.5 billion in regular FY2009 appropriations for the program.
Similarly, ARRA provided $11.3 billion for the Individuals with Disabilities Education Act
(IDEA), Part B Grants to States, a 98% supplement to the $11.5 billion in regular FY2009
appropriations. At the postsecondary level, ARRA provided $15.6 billion in discretionary funding
for Pell Grants, a 90% supplement to the $17.3 billion in regular FY2009 appropriations.14
13
For more information on ED programs in ARRA, see CRS Report R40151, Funding for Education in the American
Recovery and Reinvestment Act of 2009 (P.L. 111-5), by (name redacted) et al.
14
Pell Grants also received mandatory appropriations in ARRA to increase the maximum Pell Grant award. The total
provided was $1.47 billion, of which $643.0 million was for FY2009 and $831.0 million was for FY2010.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
The remaining $53.6 billion in ARRA funding was appropriated for the new State Fiscal
Stabilization Fund. After making reservations from the appropriation,15 including a $5.0 billion
reservation for the Secretary of Education to provide State Incentive Grants and establish an
Innovation Fund, $48.3 billion will be provided to governors through formula grants to each state
that chooses to apply for funding through this program. Governors must use 81.8% of the funds
received to restore state support for public elementary and secondary education16 and for public
institutions of higher education (IHEs)17 to the greater of the FY2008 or FY2009 level for
FY2009, FY2010, and FY2011. Governors are required to use the remaining 18.2% of the state
allocation for “public safety and other government services,” which may include assistance for
elementary and secondary education and public IHEs, and for modernization, renovation, and
repair of public school and IHE facilities.
Unlike most regular appropriations, ARRA made the stimulus funds available for obligation for
two years, until the end of FY2010. The Department has established an ARRA website that
provides detailed guidance. See http://www.ed.gov/policy/gen/leg/recovery/index.html.
ESEA Funding Shortfall?
Since the enactment of the No Child Left Behind Act of 2001, P.L. 107-110, which amended the
ESEA among other programs, there has been a continuing discussion regarding the appropriations
“promised” and the resulting “shortfall” when the enacted appropriations are compared to
authorization levels. Some would contend that the ESEA authorizations of appropriations, as
amended by NCLBA, represent a funding commitment that was promised in return for legislative
support for the new administrative requirements placed on state and local educational systems.
They would contend that the authorized levels are needed for implementing the new
requirements, and that the differences between “promised” and actual funding levels represent a
shortfall of billions of dollars. Others would contend that the authorized funding levels represent
no more than appropriations ceilings, and as such are no different from authorizations for most
education programs. That is, when the authorization amount is specified, it represents only a
maximum amount, with the actual funding level to be determined during the regular annual
appropriations process. In the past, education programs with specified authorization levels
generally have been funded at lower levels; few have been funded at levels equal to or higher
than the specified authorization amount.
Five ESEA programs, as amended by NCLBA, had specific authorization levels for FY2002
through FY2007: Title I, Part A Grants to Local Educational Agencies (LEAs); 21st Century
Community Learning Centers (21CCLC); State Grants for Innovative Programs;18 School Choice;
and the Fund for the Improvement of Education. For FY2007, the aggregate authorization for
these five programs was $28.9 billion, and the appropriation was $14.4 billion, or $14.5 billion
less than the amount authorized.
15
The Secretary may also reserve up to 0.5% for the outlying areas and up to $14 million for administration, oversight,
and evaluation of the State Fiscal Stabilization Fund.
16
This may also include, if applicable, funding state formula increases to support elementary and secondary education
for FY2010 and FY2011 and the phasing-in of state equity and adequacy adjustments if these increases were enacted in
state law prior to October 1, 2008.
17
State support for public institutions of higher education excludes tuition and fees paid by students.
18
This program has not received funding since FY2007.
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Labor, Health and Human Services, and Education: FY2009 Appropriations
All current ESEA program authorizations expired after FY2007. They were automatically
extended, however, for one additional year under section 422 of the General Education Provisions
Act (GEPA) (20 U.S.C. 1226a, providing for contingent extension of programs). Therefore,
current ESEA programs were authorized through September 30, 2008. GEPA also specifies that
the amount authorized to be appropriated for a program during the extension shall be the amount
that was authorized to be appropriated for the program during the terminal fiscal year of the
program. Thus, in the case of the five ESEA programs with specific authorization levels for
FY2007, those authorizations remained the same for FY2008. Therefore, for FY2008, the
aggregate authorization for the five programs was $28.9 billion, and the programs were funded at
$15.7 billion, or $13.1 billion less than the amount authorized.
The GEPA extension applied for one year only. For FY2009, all funding for ESEA programs is
taken to be based on authorizations provided implicitly by appropriations, with funds used under
the policies in effect at the end of the explicit authorization period. That is, if one assumes that
appropriations will continue to be provided for ESEA programs despite an expired authorization,
it may also be reasonable to assume that the use of these funds will continue to be governed by
the same policies as they were when the ESEA was still explicitly authorized. Under these
circumstances, the authorization levels for the five ESEA programs with specific authorization
levels for FY2007 would continue to have the same authorization levels in FY2009. Thus, the
aggregate authorization for these five programs would continue to be $28.9 billion; the programs
were funded at $15.9 billion, or $13.0 billion less than the authorization.
IDEA Funding Shortfall?
From 1975 to 2004, the IDEA Special Education Part B Grants to States program authorized state
payments up to a maximum amount of 40% of the excess cost of educating children with
disabilities ages 3-21 that each state serves.19 Appropriations have never reached the 40% level.
In 2004, Congress addressed the funding issue in P.L. 108-446, which specified authorization
ceilings for Part B Grants to States for FY2005 through FY2011. For FY2008, the authorized
amount was $19.2 billion, and $10.9 billion was appropriated, or $8.3 billion less than the amount
authorized. For FY2009, the authorized amount was $21.5 billion, and $11.5 billion was
appropriated, or $10.0 billion less than the authorized amount. As with ESEA and NCLBA, some
view these differences as funding shortfalls, while others see the maximum federal share and the
specified authorizations as nothing more than appropriations ceilings.
Forward Funding and Advance Appropriations
Most appropriations are available for obligation during the federal fiscal year of the
appropriations bill. For example, most FY2009 appropriations will be available for obligation
from October 1, 2008, through September 30, 2009. Several L-HHS-ED programs, including
some of the larger ED programs, have authorization or appropriations provisions that allow
funding flexibility for program years that differ from the federal fiscal year. For example, many
of the elementary and secondary education formula grant programs receive appropriations that
become available for obligation to the states on July 1 of the same year as the appropriations, and
remain available for 15 months through the end of the following fiscal year. That is, FY2009
19
For a detailed explanation of how excess cost and full funding are calculated, see CRS Report RL32085, Individuals
with Disabilities Education Act (IDEA): Current Funding Trends, by (name redacted).
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Labor, Health and Human Services, and Education: FY2009 Appropriations
appropriations for some programs will become available for obligation to the states on July 1,
2009, and will remain available until September 30, 2010. 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 for undergraduates, 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 FY2009 appropriations will be used primarily to support grants for the
2009-2010 academic year. Unlike funding for elementary and secondary education programs,
however, the funds for Pell Grants remain available for obligation for two full fiscal years.
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 FY2009 appropriations, funds
normally would have become available October 1, 2008, under regular funding provisions, but
did not become available for some programs until July 1, 2009, under the forward funding
provisions discussed above. However, if the July 1, 2009 forward funding date for obligation
were to be postponed by three months—until October 1, 2009—the appropriation would be
reclassified as an advance appropriation since the funds would become available only in a
subsequent fiscal year, FY2010. For example, the FY2009 budget request for Title I, Part A
Grants to LEAs was $14.3 billion. This amount included not only forward funding of $6.4 billion
(to become available July 1, 2009), but also an advance appropriation of $7.9 billion (to become
available October 1, 2009). Like forward funding provisions, these advance appropriations are
specified through provisions in the annual appropriations bill.
What is the impact of these changes in funding provisions? At the appropriations level, there is no
difference between forward funded and advance appropriations except for the period available for
obligation. At the program or service level, relatively little is changed by the three-month delay in
the availability of funds, since most expenditures for a standard school year occur after October 1.
At the scorekeeping 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 three-month change from forward funding to an advance appropriation for a given program
allows a one-time shift from the current year to the next year in the scoring of discretionary
appropriations. For more information, please see CRS Report RS20441, Advance Appropriations,
Forward Funding, and Advance Funding, by (name redacted).
CRS Products
CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance Funding, by
(name redacted).
CRS Report R40212, Early Childhood Care and Education Programs: Background and Funding,
by (name redacted) and (name redacted).
CRS Report RL33960, The Elementary and Secondary Education Act, as Amended by the No
Child Left Behind Act: A Primer, by (name redacted) and (name redacted).
Congressional Research Service
51
Labor, Health and Human Services, and Education: FY2009 Appropriations
CRS Report RL31668, Federal Pell Grant Program of the Higher Education Act: Background
and Reauthorization, by (name redacted).
CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current Funding
Trends, by (name redacted).
CRS Report RL33371, K-12 Education: Implementation Status of the No Child Left Behind Act of
2001 (P.L. 107-110), coordinated by (name redacted).
CRS Report RL33749, The No Child Left Behind Act: An Overview of Reauthorization Issues for
the 111th Congress, by (name redacted).
CRS Report RL34214, A Primer on the Higher Education Act (HEA), by (name redacted).
CRS Report RL34017, Vocational Rehabilitation Grants to States and Territories: Overview and
Analysis of the Allotment Formula, by Scott Szymendera.
Websites
Department of Education
http://www.ed.gov/index.jhtml
http://www.ed.gov/about/overview/budget/index.html?src=gu
Detailed Appropriations Table
Table 12 shows the appropriations details for offices and major programs of ED.
Congressional Research Service
52
Table 12. Detailed Department of Education Appropriations
($ in millions)
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
FY2009
Total
No Child Left Behind Act (non-add)a
24,540
24,665
25,048
24,671
24,954
14,020
38,974
Total Elementary and Secondary
Education Act
24,419
24,544
24,924
24,550
24,831
13,950
38,781
13,899
14,305
14,455
14,530
14,492
10,000
24,492
Even Start
66
0
66
66
66
0
66
School Improvement Grants
491
491
600
491
546
3,000
3,546
Reading First State Grants
393
1,000
0
0
0
0
0
Math Now
0
95
0
0
0
0
0
Pell Grants for Kids
0
300
0
0
0
0
0
Migrant Education State Grants
380
400
400
390
395
0
395
Education for the Disadvantaged,
other
260
326
267
258
261
0
261
15,489
16,917
15,788
15,736
15,760
13,000
28,760
1,241
1,241
1,291
1,241
1,266
100
1,366
2,935
2,835
2,960
2,935
2,948
0
2,948
Mathematics and Science
Partnerships
179
179
199
179
179
0
179
Educational Technology State Grants
267
0
272
267
270
650
920
21st Century Community Learning
Centersb
1,081
800
1,131
1,081
1,131
0
1,131
Office or Major Program
Education for the Disadvantaged
Title I, Part A Education for the
Disadvantaged, Grants to LEAs
Education for the Disadvantaged
subtotal
Impact Aid
Impact Aid
School Improvement Programs
Teacher Quality State Grants
CRS-53
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
State Assessments
409
409
409
411
411
0
411
Rural Education
172
172
175
172
173
0
173
School Improvement, other
246
172
253
247
250
70
320
5,289
4,566
5,400
5,292
5,362
720
6,082
120
120
125
120
122
0
122
Charter School Grants
211
236
236
216
216
0
216
Fund for the Improvement of
Education general funds (FIE)
254
52
203
196
250
0
250
Teacher Incentive Fund
97
200
112
97
97
200
297
Innovation and Improvement, other
424
379
426
435
433
0
433
Innovation and Improvement
subtotal
986
868
978
944
996
200
1,196
0
0
0
0
0
53,600
53,600
Safe and Drug-Free Schools State
Grants
295
100
295
295
295
0
295
Safe Schools and Citizenship, other
399
182
419
372
396
0
396
Safe Schools and Citizenship
subtotal
693
282
713
666
690
0
690
700
730
730
730
730
0
730
10,948
11,285
11,552
11,425
11,505
11,300
22,805
Office or Major Program
School Improvement subtotal
FY2009
Total
Indian Education
Indian Education
Innovation and Improvement
State Fiscal Stabilization Fund
State Fiscal Stabilization Fund
Safe Schools and Citizenship Education
English Language Acquisition
English Language Acquisition State
Grants
Special Education
IDEA, Part B, Grants to States
CRS-54
Office or Major Program
Special Education, other
Special Education subtotal
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
1,046
1,051
1,036
1,087
1,074
900
1,974
11,994
12,336
12,588
12,512
12,580
12,200
24,780
FY2009
Total
Rehabilitation Services and Disability Research
Vocational Rehabilitation State
Grants (mandatory)
2,874
2,975
2,975
2,975
2,975
540
3,515
Rehabilitation Services, other
403
344
413
404
413
140
553
3,277
3,319
3,387
3,379
3,388
680
4,068
195
200
206
209
211
0
211
1,272
0
1,294
1,272
1,272
0
1,272
Adult Education
567
575
567
567
567
0
567
Vocational and Adult, other
102
0
98
24
105
0
105
1,942
575
1,960
1,863
1,944
0
1,944
Pell Grants, maximum award
(in dollars, non-add)
4,241
4,310
4,410
4,310
4,860
4,860
9,720
Pell Grantsd
14,215
16,941
17,335
16,890
17,288
15,640
32,928
Supplemental Educational
Opportunity Grants
757
0
757
757
757
0
757
Federal Work-Study
980
980
980
980
980
200
1,180
Federal Perkins Loans
64
0
64
70
67
0
67
Leveraging Educational Assistance
Partnership (LEAP)
64
0
64
64
64
0
64
Student Financial Aid subtotal
16,081
17,921
19,201
18,762
19,157
15,840
34,997
Rehabilitation Services subtotal
Special Institutions for Persons with Disabilities
Special Institutions for Persons With
Disabilities
Vocational and Adult Education
Perkins Career and Technical
Education
Vocational and Adult Education
subtotal
Student Financial Aid
CRS-55
FY2008
Comparable
FY2009
Request
FY2009
House
Committee
FY2009
Senate
Committee
FY2009
Omnibus
P.L. 111-8
FY2009
ARRA
P.L. 111-5
696
764
714
705
753
60
813
Aid for Institutional Development
501
363
510
363
507
0
507
Fund for the Improvement of
Postsecondary Education (FIPSE)
120
37
113
64
134
0
134
TRIO Programs
828
828
858
838
848
0
848
GEAR UP
303
303
318
308
313
0
313
Higher Education, other
269
202
283
283
298
100
398
2,022
1,734
2,081
1,856
2,100
100
2,200
233
233
237
233
235
0
235
546
658
616
642
617
250
867
552
600
573
572
585
14
599
1
14
11
11
11
0
11
0
0
0
0
0
1,474
1,474
Total Appropriationsf
62,056
63,077
66,598
65,473
66,508
98,238
164,746
Current-Year Funding
45,038
46,060
44,692
46,706
44,602
98,238
142,840
One-Year Advance Funding
17,017
17,017
21,906
18,767
21,906
0
21,906
Office or Major Program
FY2009
Total
Student Aid Administration
Student Aid Administration
Higher Education
Higher Education subtotal
Howard University
Howard University
Institute of Education Sciences
Institute of Education Sciences
Departmental Management
Departmental Management
Department of Education, othere
Department of Education, other
Pell Grants (mandatory)
Pell Grants (mandatory)
TOTALS, DEPARTMENT OF EDUCATION
CRS-56
Source: Amounts are based on a March 2009 table from the House Committee on Appropriations, reflecting House and Senate committee work in the 110th Congress on
proposed FY2009 L-HHS-ED bills, and final passage of P.L. 111-8 (FY2009 Omnibus Appropriations) and P.L. 111-5 (ARRA). FY2008 comparable does not include
supplemental appropriations from P.L. 110-329(September 2008); see Note c below. Details may not add to totals due to rounding.
a.
The NCLBA total reported in this does not match the NCLBA total reported by ED. ED only includes in its total programs that are authorized specifically by ESEA, as
amended by the NCLBA, while the House and Senate include funding for the Education for Homeless Children and Youth, and Comprehensive Centers. The former is
authorized by the McKinney-Vento Homeless Assistance Act, and the latter is authorized by the Educational Technical Assistance Act. While both acts were amended
by the NCLBA, none of the funding for either of the two programs is authorized by NCLBA. According to ED, the NCLBA total for FY2008 enacted was $24,419
million, and the total enacted for FY2009 was $24,544 million.
b.
In the President’s request, the 21st Century Community Learning Centers program was renamed the 21st Century Learning Opportunities program.
c.
To assist with recovery following natural disasters in 2008, the Disaster Relief and Recovery Supplemental Appropriations Act, 2008 (Division B of P.L. 110-329)
provided FY2008 emergency supplemental appropriations of $15 million for School Improvement Programs for education for homeless children and youth, and
another $15 million for Higher Education Disaster Relief, to remain available through FY2009. In the tables in this report, these amounts are not reflected in the totals
for either year.
d.
Under the Continuing Appropriations Resolution, 2009 (Division A of P.L. 110-329), a rate of operations of $18.627 billion was provided for the Student Financial
Assistance Account, including $16.761 billion in discretionary funding for Pell Grants, an amount that was $2.5 billion above the FY2008 level (Section 158).
e.
“Department of Education, other” includes funding for two programs: College Housing and Academic Facilities Loans, and the Historically Black Colleges and
Universities Capital Financing program. In addition, the FY2009 request proposed a new Loans for Short-Term Training program. Funding for this new program was
not included in the FY2009 Omnibus or in either the House or Senate bills.
f.
Appropriations totals include discretionary and mandatory funds, and are subject to additional scorekeeping and other adjustments.
CRS-57
Labor, Health and Human Services, and Education: FY2009 Appropriations
Related Agencies
FY2008 discretionary appropriations for L-HHS-ED Related Agencies were $12.0 billion, as
shown in Table 13. For FY2009, the George W. Bush Administration requested $12.1 billion,
$114 million (0.9%) more than the FY2008 amount. The draft b
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