Labor, Health and Human Services, and Education: FY2009 Appropriations

Congressional research reportJul 10, 2009

Ask Donna

What actually matters in this document.

Text

Labor, Health and Human Services, and

Education: FY2009 Appropriations

(name redacted), Coordinator

Analyst in Biomedical Policy

(name redacted)

Analyst in Labor Policy

(name redacted)

Specialist in Social Policy

July 10, 2009

Congressional Research Service

7-....

www.crs.gov

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

Congressional Research Service

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

Congressional Research Service

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

Congressional Research Service

1

Labor, Health and Human Services, and Education: FY2009 Appropriations

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.

Congressional Research Service

2

Labor, Health and Human Services, and Education: FY2009 Appropriations

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

Congressional Research Service

3

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.

Congressional Research Service

4

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

Congressional Research Service

5

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.

Congressional Research Service

6

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.

Congressional Research Service

8

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.

Congressional Research Service

9

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.

Congressional Research Service

11

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.

Congressional Research Service

13

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.

Congressional Research Service

14

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,

Congressional Research Service

15

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

Congressional Research Service

16

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,

Congressional Research Service

17

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.

Congressional Research Service

18

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

Congressional Research Service

19

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.

Congressional Research Service

20

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-

Congressional Research Service

21

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;

Congressional Research Service

22

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.

Congressional Research Service

23

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.

Congressional Research Service

24

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

Congressional Research Service

25

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).

Congressional Research Service

26

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.

Congressional Research Service

27

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

Congressional Research Service

31

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

32

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

33

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

Congressional Research Service

34

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

35

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

36

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

37

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

38

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.

Congressional Research Service

44

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.

Congressional Research Service

45

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.

Congressional Research Service

46

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.

Congressional Research Service

47

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.

Congressional Research Service

48

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.

Congressional Research Service

49

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).

Congressional Research Service

50

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

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.