Labor, Health and Human Services, and
February 4September 13, 2022 , 2022
Education: FY2022 Appropriations
Jessica Tollestrup,
This report offers an overview of actions taken by Congress and the President to provide
This report offers an overview of actions taken by Congress and the President to provide
Coordinator
FY2022 appropriations for accounts funded by the Departments of Labor, Health and
FY2022 appropriations for accounts funded by the Departments of Labor, Health and
Specialist in Social Policy
Specialist in Social Policy
Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This
Human Services, and Education, and Related Agencies (LHHS) appropriations bill. This
bill includes all accounts funded through the annual appropriations process at the
bill includes all accounts funded through the annual appropriations process at the
Karen E. Lynch,
Department of Labor (DOL) and Department of Education (ED). It also provides annual
Department of Labor (DOL) and Department of Education (ED). It also provides annual
Coordinator
appropriations for most agencies within the Department of Health and Human Services
appropriations for most agencies within the Department of Health and Human Services
Specialist in Social Policy
Specialist in Social Policy
(HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via
(HHS), with certain exceptions (e.g., the Food and Drug Administration is funded via
the Agriculture bill). The LHHS bill also provides funds for more than a dozen related
the Agriculture bill). The LHHS bill also provides funds for more than a dozen related
agencies, including the Social Security Administration (SSA).agencies, including the Social Security Administration (SSA).
This report primarily focuses on regular FY2022 LHHS discretionary funding enacted during the annual
This report primarily focuses on regular FY2022 LHHS discretionary funding enacted during the annual
appropriations process. appropriations process.
Note that the totalsTotals in the report tables do not include emergency-designated funds.
Regular Appropriations
FY2022 LHHS Omnibus: On March 15, 2022, the Consolidated Appropriations Act, 2022 (FY2022 LHHS omnibus; H.R. 2471) was signed into law by the President (P.L. 117-103). The FY2022 LHHS omnibus provided full-year appropriations for all 12 annual appropriations acts in Divisions A-L. Annual discretionary LHHS appropriations totaled $214.2 billion. This amount is 7.9% more than FY2021 enacted and 15.7% less than the FY2022 President’s budget request. The omnibus also provided $1.102 trillion in mandatory funding, for a combined LHHS total of $1.316 trillion. The distribution of discretionary funding was as follows:
DOL: $13.2 billion, 5.2% more than FY2021. HHS: $108.6 billion, 12.0% more than FY2021. ED: $76.4 billion, 3.9% more than FY2021. Related Agencies: $16.0 billion, 3.3% more than FY2021.
FY2022 LHHS Senate Action: The FY2022 LHHS bill did not receive in the report tables do not include emergency-designated appropriations. Those amounts are displayed separately and are in addition to regular appropriations.
FY2022 Continuing Resolutions: FY2022 LHHS appropriations are currently being provided by a series of continuing resolutions (CRs). The first CR was signed into law on September 30, 2021 (Division A of H.R. 5305; P.L. 117-43), providing continuing appropriations for all 12 annual appropriations acts (including LHHS) through December 3, 2021. In general, the CR funded discretionary programs at the same rate and under the same conditions as in FY2021 (§101) and annually appropriated entitlements at their current law levels (§111). It also included several anomalies that are specific to LHHS accounts or related activities (§§138-149). A second CR was subsequently enacted on December 3, 2021, extending the provisions of the first CR with some additional anomalies (for LHHS, see §162) through February 18, 2022 (Division A of H.R. 6119; P.L. 117-70).
Regular Appropriations
FY2022 LHHS Senate Action: The FY2022 LHHS bill has not received subcommittee, full committee, or initial subcommittee, full committee, or initial
floor action in the Senate. Senator Leahy, Chair of the Senate Appropriations Committee, released a majority draft floor action in the Senate. Senator Leahy, Chair of the Senate Appropriations Committee, released a majority draft
of the LHHS bill and accompanying draft report language on October 18, 2021. of the LHHS bill and accompanying draft report language on October 18, 2021.
According to the chair, the purpose of this release was to further negotiations toward enacting all 12 annual appropriations bills prior to when the CR was to expire on December 3. These draft numbers are not presented in this report.
In addition, on October 25, Senator Murray, Chair of the Senate Appropriations LHHS Subcommittee, introduced In addition, on October 25, Senator Murray, Chair of the Senate Appropriations LHHS Subcommittee, introduced
an FY2022 LHHS bill (S. 3062). This bill was referred to the Senate Appropriations Committee. an FY2022 LHHS bill (S. 3062). This bill was referred to the Senate Appropriations Committee.
Because S. 3062
has not receiveddid not receive any congressional action, this report does not discuss this measure.
FY2022 LHHS House Action: On July 15, 2021, the House Appropriations Committee voted to report the On July 15, 2021, the House Appropriations Committee voted to report the
FY2022 LHHS appropriations bill, 33-25; the measure was subsequently reported to the House on July 19 (H.R. FY2022 LHHS appropriations bill, 33-25; the measure was subsequently reported to the House on July 19 (H.R.
4502; H.Rept. 117-96). The measure was approved in subcommittee, via voice vote, on July 12, 2021.4502; H.Rept. 117-96). The measure was approved in subcommittee, via voice vote, on July 12, 2021.
As reported by the full committee, the bill would As reported by the full committee, the bill would
providehave provided $254.4 billion in discretionary LHHS funds, a 28.1% $254.4 billion in discretionary LHHS funds, a 28.1%
increase from FY2021 enacted levels. This amount increase from FY2021 enacted levels. This amount
iswas 0.2% more than the FY2022 President’s request. In 0.2% more than the FY2022 President’s request. In
addition, the House committee bill would addition, the House committee bill would
providehave provided an estimated $1.102 trillion in mandatory funding, for a an estimated $1.102 trillion in mandatory funding, for a
combined total of $1.356 trillion for LHHS as a whole. The distribution of discretionary funding was as follows: combined total of $1.356 trillion for LHHS as a whole. The distribution of discretionary funding was as follows:
DOL: $14.7 billion, 17.4% more than FY2021. $14.7 billion, 17.4% more than FY2021.
HHS: $119.8 billion, 23.6% more than FY2021. $119.8 billion, 23.6% more than FY2021.
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ED: $102.8 billion, 39.8% more than FY2021. $102.8 billion, 39.8% more than FY2021.
Related Agencies: $17.0 billion, 9.8% more than FY2021. $17.0 billion, 9.8% more than FY2021.
The House version of LHHS appropriations was initially considered on the floor as part of a consolidated
The House version of LHHS appropriations was initially considered on the floor as part of a consolidated
appropriations package and passed the House (219-208), as amended, on July 31, appropriations package and passed the House (219-208), as amended, on July 31,
20202021 (Division A of H.R. 4502). (Division A of H.R. 4502).
Of the amendments offered, 47 were adopted and 9 were rejected. Of the amendments offered, 47 were adopted and 9 were rejected.
Because there is no publicly available source
that estimates the account- or subaccount-level budgetary effects of the amendments adopted to Division A, this
report provides analysis of the House Committee-reported version of the LHHS bill. For information on the LHHS For information on the LHHS
amendments offered during floor consideration, seamendments offered during floor consideration, se
e Appendix B.
FY2022 President’s Budget Request: The full FY2022 President’s budget request was submitted to Congress on The full FY2022 President’s budget request was submitted to Congress on
May 28, 2021. (The President had previously submitted to Congress an outline of his discretionary funding May 28, 2021. (The President had previously submitted to Congress an outline of his discretionary funding
priorities for FY2022 on April 9, 2021.)priorities for FY2022 on April 9, 2021.)
The President requested $254.0 billion in discretionary funding for accounts funded by the LHHS bill, which is an The President requested $254.0 billion in discretionary funding for accounts funded by the LHHS bill, which is an
increase of 27.9% from FY2021 levels. In addition, the President requested $1.102 trillion in annually increase of 27.9% from FY2021 levels. In addition, the President requested $1.102 trillion in annually
appropriated mandatory funding, for a total of $1.355 trillion for LHHS as a whole. The distribution of appropriated mandatory funding, for a total of $1.355 trillion for LHHS as a whole. The distribution of
discretionary funding was as follows: discretionary funding was as follows:
DOL: $14.3 billion, 14.2% more than FY2021. $14.3 billion, 14.2% more than FY2021.
HHS: $120.0 billion, 23.7% more than FY2021. $120.0 billion, 23.7% more than FY2021.
ED: $102.8 billion, 39.8% more than FY2021. $102.8 billion, 39.8% more than FY2021.
Related Agencies: $16.9 billion, 9.0% more than FY2021.$16.9 billion, 9.0% more than FY2021.
Supplemental Appropriations
Although full-year regular annual appropriations have yet to be enacted, three bills have been signed into law Emergency-Designated Appropriations Over the course of FY2022, five laws were enacted providing FY2022 emergency-designated appropriations for accounts typically funded in the LHHS bill. providing FY2022 emergency-designated appropriations for accounts typically funded in the LHHS bill.
Divisions A and C of the Extending Government Funding and Delivering Emergency Assistance
Act (H.R. 5305; P.L. 117-43, September 30, 2021) provided $4.2 billion, as follows: Division A, which contained the first CR for FY2022, provided $2.5 billion in emergency-
designed spending (§141) for the HHS Administration for Children and Families (ACF) for shelter and support services for unaccompanied minors referred to HHS, including funding to expand the capacity of state-licensed shelters.
Division C, which contained the Afghanistan Supplemental Appropriations Act, 2022,
provided $1.7 billion to ACFDivision B of the Bipartisan Safer Communities Act (S. 2938; P.L. 117-159, June 25, 2022)
provided a total of $1.6 billion in FY2022 for several programs within HHS and ED related to community mental and behavioral health services, pediatric health care, school attendance and engagement, and school-based mental health service;
Title IV of the Additional Ukraine Supplemental Appropriations Act, 2022 (H.R. 7691; P.L. 117-
128, May 21, 2022) provided a total of $1.0 billion to HHS agencies, mostly for resettlement for resettlement
assistance for eligible Ukrainians in the United States;
Division B of the Further Extending Government Funding Act (H.R. 6119; P.L. 117-70,
December 3, 2021) provided a total of $1.3 billion for public health and support services for Afghan arrivals and refugees;assistance for Afghan arrivals and refugees, and $21.5 million to the HHS Centers for Disease Control and Prevention (CDC) for medical support, screening, and related public health activities for Afghan arrivals and refugees.
Division J of the Infrastructure Investment and Jobs Act (H.R. 3684; P.L. 117-58, November 15,
Division J of the Infrastructure Investment and Jobs Act (H.R. 3684; P.L. 117-58, November 15,
2021) provided $100 million in FY2022 for the HHS Low Income Home Energy Assistance
2021) provided $100 million in FY2022 for the HHS Low Income Home Energy Assistance
Program, and rescinded $353 million in previously enacted emergency funding from the Program, and rescinded $353 million in previously enacted emergency funding from the
Education Stabilization FundEducation Stabilization Fund
.
Division B of the Further ; and
Divisions A and C of the Extending Government Funding Extending Government Funding
and Delivering Emergency Assistance
Act (H.R. 5305Act (H.R. 6119; P.L. 117-; P.L. 117-
70,
December 3, 2021) contained the Additional Afghanistan Supplemental Appropriations Act, 2022, which provided $8 million to the CDC for medical support, screening, and related public health activities for Afghan arrivals and refugees, and $1.3 billion to ACF for resettlement assistance for Afghan arrivals and refugees. 43, September 30, 2021) provided a total of $4.2 billion for HHS spending related to shelter and support services for unaccompanied minors (Division A), and public health and support services for Afghan arrivals and refugees (Division C).
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4647 Labor, Health and Human Services, and Education: FY2022 Appropriations
Contents
Introduction ..................................................................................................................................... 1
Report Roadmap and Useful Terminology ...................................................................................... 1
Scope of the Report ................................................................................................................... 2
Important Budget Concepts ....................................................................................................... 2
Mandatory vs. Discretionary Budget Authority .................................................................. 2
Total Budget Authority Provided in the Bill vs. Total Budget Authority Available
in the Fiscal Year .............................................................................................................. 3
Status of FY2022 LHHS Appropriations ........................................................................................ 4
FY2022 Continuing Appropriations Emergency-Designated Appropriations ...................................................................... 4 FY2022 Annual LHHS Appropriations ............................................................ 4
FY2022 Emergency-Designated Appropriations......................... 5
FY2022 Consolidated Appropriations Act .......................................................................... 5
FY2022 Annual LHHSContinuing Appropriations ..................................................................................... 5
7 Prior Congressional Action on an LHHS Bill .............................................................................. 6 7
FY2022 President’s Budget Request......................................................................................... 89
FY2021 LHHS Omnibus (Division H, Consolidated Appropriations Act, 2021, H.R.
133; P.L. 116-260) .................................................................................................................. 89
Summary of FY2022 LHHS Appropriations .................................................................................. 11 10
Department of Labor (DOL) ......................................................................................................... 1314
About DOL ............................................................................................................................. 1415
FY2022 DOL Appropriations Overview ................................................................................. 1415
Selected DOL Highlights ........................................................................................................ 1516
Employment and Training Administration (ETA) ............................................................. 1516
Employment Service ......................................................................................................... 1617
Wage and Hour Division (WHD) ...................................................................................... 1617 Bureau of Labor Statistics (BLS) ...................................................................................... 18
Bureau of International Labor Affairs (ILAB) .................................................................. 1618
Labor-Related General Provisions .................................................................................... 1718
Department of Health and Human Services (HHS) ....................................................................... 2022
About HHS .............................................................................................................................. 2022
FY2022 HHS Appropriations Overview ................................................................................. 2123
Special Public Health Funding Mechanisms ........................................................................... 2325
Public Health Service Evaluation Tap............................................................................... 2325
Prevention and Public Health Fund .................................................................................. 2527
Selected HHS Highlights by Agency ...................................................................................... 2628
HRSA ................................................................................................................................ 2628
CDC .................................................................................................................................. 2728
NIH ................................................................................................................................... 2830
SAMHSA .......................................................................................................................... 2831
AHRQ ............................................................................................................................... 2931
CMS .................................................................................................................................. 2932
ACF ................................................................................................................................... 3032
ACL .................................................................................................................................. 3133
Restrictions Related to Certain Controversial Issues .............................................................. 3134
Department of Education (ED) ...................................................................................................... 3841
About ED ................................................................................................................................ 39
FY2022 ED Appropriations Overview .................................................................................... 39
Selected ED Highlights ........................................................................................................... 4041
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FY2022 ED Appropriations Overview .................................................................................... 42 Selected ED Highlights ........................................................................................................... 43
Education for the Disadvantaged ...................................................................................... 4043
Safe Schools and Citizenship Education ........................................................................... 4144
Higher Education .............................................................................................................. 4244
Related Agencies ........................................................................................................................... 4447
FY2022 Related Agencies Appropriations Overview ............................................................. 4447
Selected Related Agencies Highlights ..................................................................................... 4548
SSA Limitation on Administrative Expenses (LAE) ........................................................ 4549
Corporation for National and Community Service ........................................................... 4649
National Labor Relations Board (NLRB) ......................................................................... 4649
Figures
Figure 1. FY2022 House Committee-Reported LHHS Appropriations Enacted LHHS Appropriations .............................................................. 7............ 6
Figure 2. FY2022 House Committee-ReportedEnacted LHHS Appropriations by Title ........................................................... 14 13
Figure 3. FY2022 House Committee-ReportedEnacted HHS Appropriations by Agency ......................................................... 25 23
Tables
Table 1. Status of Full-Year LHHS Appropriations Legislation, FY2022 ....................................... 65
Table 2. LHHS Appropriations Overview by Bill Title, FY2021-FY2022 .................................... 11 12
Table 3. DOL Appropriations Overview ....................................................................................... 1516
Table 4. Detailed DOL Appropriations .......................................................................................... 1719
Table 5. HHS Appropriations Overview........................................................................................ 2123
Table 6. HHS Appropriations Totals by Agency ........................................................................... 3335
Table 7. HHS Discretionary Appropriations for Selected Programs or Activities,
by Agency .................................................................................................................................. 3538
Table 8. ED Appropriations Overview .......................................................................................... 4042
Table 9. Detailed ED Appropriations ............................................................................................ 4245
Table 10. Related Agencies Appropriations Overview .................................................................. 4548
Table 11. Detailed Related Agencies Appropriations .................................................................... 4650
Table A-1. LHHS Discretionary FY2021 and FY2022 Enacted Levels, and FY2022
House 302(b)
Suballocations .............Suballocations ............................................................................................................... 53 56
Table A-2. LHHS Appropriations Overview, by Bill Title: FY2021-FY2022 ............................... 5457
Table B-1. LHHS House Floor Amendments Offered to H.R. 4502 ............................................. 5760
Appendixes
Appendix A. Budget Enforcement Activities ................................................................................ 4952
Appendix B. House Floor Amendments Offered to Division A of H.R. 4502 .............................. 5760
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6871 Labor, Health and Human Services, and Education: FY2022 Appropriations
Contacts
Author Information ........................................................................................................................ 6265
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Introduction
This report provides an overview of FY2022
This report provides an overview of FY2022
Scope of the Report:
appropriations actions for accounts traditionally funded
appropriations actions for accounts traditionally funded
Emergency and MandatoryFunding and
in the appropriations bill for the Departments of Labor,
in the appropriations bill for the Departments of Labor,
Mandatory Funding Related to COVID-19
Health and Human Services, and Education, and Related
Health and Human Services, and Education, and Related
This report primarily focuses on regularto COVID-19
Agencies (LHHS). This bill provides discretionary and
Agencies (LHHS). This bill provides discretionary and
FY2022 LHHS discretionary fundingThis report primarily focuses on regular
mandatory appropriations to three federal departments:
mandatory appropriations to three federal departments:
enacted during the annual appropriationsFY2022 LHHS discretionary funding
the Department of Labor (DOL), the Department of
the Department of Labor (DOL), the Department of
process. The emergency discretionary funding that was enacted for FY2021 orenacted during the annual appropriations
Health and Human Services (HHS), and the Department
Health and Human Services (HHS), and the Department
FY2022 is generally not included in theprocess. The emergency discretionary funding that was enacted for FY2021 or
of Education (ED). In addition, the bill provides annual
of Education (ED). In addition, the bill provides annual
budgetary figures discussed or table totalsFY2022 is generally not included in the
appropriations for more than a dozen related agencies,
appropriations for more than a dozen related agencies,
presented in the main body of the report.budgetary figures discussed or table totals
including the Social Security Administration (SSA).
including the Social Security Administration (SSA).
(Such spending is presented below the table totals and is in addition to regularpresented in the main body of the report. (Such spending is presented below the
Discretionary funds represent less than one-fifth of the
Discretionary funds represent less than one-fifth of the
appropriations.) In addition, duringtable totals and is in addition to regular
total funds appropriated in the annual LHHS bill.
total funds appropriated in the annual LHHS bill.
FY2021, mandatory appropriations wereappropriations.) In addition, during
Nevertheless, the LHHS bill is typically the largest single
Nevertheless, the LHHS bill is typically the largest single
enacted for certain LHHS-related accounts for COVID-19 pandemic
source of discretionary funds for domestic nondefense
response, including in the American
federal programs among the various appropriations bills.
Rescue Plan Act of 2021 (P.L. 117-2).FY2021, mandatory appropriations were
source of discretionary funds for domestic nondefense
enacted for certain LHHS-related accounts for COVID-19 pandemic
federal programs among the various appropriations bills.
response, including in the American
(The Department of Defense bill is the largest source of
(The Department of Defense bill is the largest source of
These mandatory funds are also notRescue Plan Act of 2021 (P.L. 117-2).
discretionary funds among all federal programs.)
discretionary funds among all federal programs.)
included in this report.These mandatory funds are also not
Because the appropriations process both
Because the appropriations process both
provides and and
included in this report.
controls discretionary funding (concepts discussed further in discretionary funding (concepts discussed further in
the “Mandatory vs. Discretionary
Budget Authority”) section), the bulk of this report is focused on these funds. , the bulk of this report is focused on these funds.
The LHHS bill typically is one of the more controversial of the regular appropriations bills
The LHHS bill typically is one of the more controversial of the regular appropriations bills
because of the size of its funding and the scope of its programs, as well as various related social because of the size of its funding and the scope of its programs, as well as various related social
policy issues addressed in the bill, such as restrictions on the use of federal funds for abortion and policy issues addressed in the bill, such as restrictions on the use of federal funds for abortion and
for research on human embryos, stem cells, and gun violence. for research on human embryos, stem cells, and gun violence.
Congressional clients may consult the LHHS experts list in CRS Report R42638,
Congressional clients may consult the LHHS experts list in CRS Report R42638,
Appropriations:
CRS Experts, for information on which analysts to contact at the Congressional Research Service , for information on which analysts to contact at the Congressional Research Service
(CRS) with questions on specific agencies and programs funded in the LHHS bill. (CRS) with questions on specific agencies and programs funded in the LHHS bill.
Report Roadmap and Useful Terminology
This report is divided into several sections. The opening section provides an explanation of the This report is divided into several sections. The opening section provides an explanation of the
scope of the LHHS bill (and hence, the scope of this report) and an introduction to important scope of the LHHS bill (and hence, the scope of this report) and an introduction to important
terminology and concepts that carry throughout the report. Next is a series of sections describing terminology and concepts that carry throughout the report. Next is a series of sections describing
major congressional actions on FY2022 appropriations and (for context) a review of the major congressional actions on FY2022 appropriations and (for context) a review of the
conclusion of the FY2021 appropriations process. This is followed by a high-level summary and conclusion of the FY2021 appropriations process. This is followed by a high-level summary and
analysis of analysis of
proposed appropriations for FY2022, compared to FY2021 funding levels. The body appropriations for FY2022, compared to FY2021 funding levels. The body
of the report concludes with overview sections for each of the major titles of the bill: DOL, HHS, of the report concludes with overview sections for each of the major titles of the bill: DOL, HHS,
ED, and Related Agencies (RA). These sections provide selected highlights from FY2022 ED, and Related Agencies (RA). These sections provide selected highlights from FY2022
proposed funding levels compared to FY2021. (Note that the distribution of funds is sometimesproposed
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Labor, Health and Human Services, and Education: FY2022 Appropriations
funding levels compared to FY2021. (Note that the distribution of funds is sometimes illustrated by figures, which in all cases are based on the FY2022 illustrated by figures, which in all cases are based on the FY2022
House committee-reported version of the LHHS billenacted levels.1) .1)
Appendix A provides a summary of budget enforcement activities for FY2022. This includes provides a summary of budget enforcement activities for FY2022. This includes
information on mandatory spending sequestration pursuant to the Budget Control Act of 2011 information on mandatory spending sequestration pursuant to the Budget Control Act of 2011
(BCA; P.L. 112-25), discretionary spending budget enforcement pursuant to the FY2022 budget (BCA; P.L. 112-25), discretionary spending budget enforcement pursuant to the FY2022 budget
resolution, the House LHHS subcommittee spending allocation, and current-year spending levels. resolution, the House LHHS subcommittee spending allocation, and current-year spending levels.
This is followed byThis is followed by
Appendix B, which provides an overview of the LHHS floor amendments hich provides an overview of the LHHS floor amendments
that were offered in the House during its consideration of H.R. 4502. that were offered in the House during its consideration of H.R. 4502.
Scope of the Report
This report focuses on appropriations to agencies and accounts that are subject to the jurisdiction This report focuses on appropriations to agencies and accounts that are subject to the jurisdiction
of the Labor, Health and Human Services, Education, and Related Agencies subcommittees of the of the Labor, Health and Human Services, Education, and Related Agencies subcommittees of the
House and Senate appropriations committees (i.e., accounts traditionally funded via the LHHS House and Senate appropriations committees (i.e., accounts traditionally funded via the LHHS
bill). Department “totals” provided in this report do not include funding for accounts or agencies bill). Department “totals” provided in this report do not include funding for accounts or agencies
that are traditionally funded by appropriations bills under the jurisdiction of other subcommittees. that are traditionally funded by appropriations bills under the jurisdiction of other subcommittees.
The LHHS bill provides appropriations for the following federal departments and agencies:
The LHHS bill provides appropriations for the following federal departments and agencies:
the Department of Labor;
the Department of Labor;
most agencies at the Department of Health and Human Services, except for the most agencies at the Department of Health and Human Services, except for the
Food and Drug Administration (funded through the Agriculture appropriations
Food and Drug Administration (funded through the Agriculture appropriations
bill), the Indian Health Service (funded through the Interior-Environment bill), the Indian Health Service (funded through the Interior-Environment
appropriations bill), and the Agency for Toxic Substances and Disease Registry appropriations bill), and the Agency for Toxic Substances and Disease Registry
(also funded through the Interior-Environment appropriations bill); (also funded through the Interior-Environment appropriations bill);
the Department of Education; and
the Department of Education; and
more than a dozen related agencies, including the Social Security Administration, more than a dozen related agencies, including the Social Security Administration,
the Corporation for National and Community Service, the Corporation for Public
the Corporation for National and Community Service, the Corporation for Public
Broadcasting, the Institute of Museum and Library Services, the National Labor Broadcasting, the Institute of Museum and Library Services, the National Labor
Relations Board, and the Railroad Retirement Board. Relations Board, and the Railroad Retirement Board.
Note also that funding totals displayed in this report do not reflect amounts provided outside of
Note also that funding totals displayed in this report do not reflect amounts provided outside of
the annual appropriations process. Certain direct spending programs, such as Social Security and the annual appropriations process. Certain direct spending programs, such as Social Security and
parts of Medicare, receive funding directly from their authorizing statutes; such funds are not parts of Medicare, receive funding directly from their authorizing statutes; such funds are not
reflected in the totals provided in this report because they are not provided through the annual reflected in the totals provided in this report because they are not provided through the annual
appropriations process (see related discussion in the appropriations process (see related discussion in the
“Important Budget Concepts” section). section).
Important Budget Concepts
Mandatory vs. Discretionary Budget Authority2
The LHHS bill includes both discretionary and mandatory budget authority. While all
The LHHS bill includes both discretionary and mandatory budget authority. While all
discretionary spending is subject to the annual appropriations process, only a portion of discretionary spending is subject to the annual appropriations process, only a portion of
mandatory budget authority is provided in appropriations measures. mandatory budget authority is provided in appropriations measures.
1 The dollars and percentages in each figure also are generally illustrative, except as noted, of the parallel distribution 1 The dollars and percentages in each figure also are generally illustrative, except as noted, of the parallel distribution
of funds enacted in FY2021 and proposed by the FY2022 President’s budgetof funds enacted in FY2021 and proposed by the FY2022 President’s budget
and in the FY2022 House committee bill. .
2 For definitions of these and other budget terms, see U.S. Government Accountability Office (GAO), 2 For definitions of these and other budget terms, see U.S. Government Accountability Office (GAO),
A Glossary of
Terms Used in the Federal Budget Process, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO-, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO-
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Mandatory programs funded through the annual appropriations process are commonly referred to
Mandatory programs funded through the annual appropriations process are commonly referred to
as as
appropriated entitlements. In general, appropriators have little control over the amounts . In general, appropriators have little control over the amounts
provided for appropriated entitlements; rather, the authorizing statute controls the program provided for appropriated entitlements; rather, the authorizing statute controls the program
parameters (e.g., eligibility rules, benefit levels) that entitle certain recipients to payments. If parameters (e.g., eligibility rules, benefit levels) that entitle certain recipients to payments. If
Congress does not appropriate the money necessary to meet these commitments, entitled Congress does not appropriate the money necessary to meet these commitments, entitled
recipients (e.g., individuals, states, or other entities) may have legal recourse.3 recipients (e.g., individuals, states, or other entities) may have legal recourse.3
Most mandatory spending is not provided through the annual appropriations process, but rather
Most mandatory spending is not provided through the annual appropriations process, but rather
through budget authority provided by the program’s authorizing statute (e.g., Social Security through budget authority provided by the program’s authorizing statute (e.g., Social Security
benefits payments). The funding amounts in this report do not include budget authority provided benefits payments). The funding amounts in this report do not include budget authority provided
outside of the appropriations process. Instead, the amounts reflect only those funds, discretionary outside of the appropriations process. Instead, the amounts reflect only those funds, discretionary
and mandatory, that are provided through appropriations acts. and mandatory, that are provided through appropriations acts.
As displayed in this report, mandatory amounts for the FY2022 President’s budget submission
As displayed in this report, mandatory amounts for the FY2022 President’s budget submission
reflect current-law (or current services) estimates; they generally do not include the President’s reflect current-law (or current services) estimates; they generally do not include the President’s
proposed changes to a mandatory spending program’s authorizing statute that might affect total proposed changes to a mandatory spending program’s authorizing statute that might affect total
spending. (In general, such proposals are excluded from this report, as they typically would be spending. (In general, such proposals are excluded from this report, as they typically would be
enacted in authorizing legislation.) enacted in authorizing legislation.)
The report focuses most closely on discretionary funding because discretionary funding receives
The report focuses most closely on discretionary funding because discretionary funding receives
the bulk of attention during the appropriations process. (While the LHHS bill includes more the bulk of attention during the appropriations process. (While the LHHS bill includes more
mandatory funding than discretionary funding, the appropriators generally have less flexibility in mandatory funding than discretionary funding, the appropriators generally have less flexibility in
adjusting mandatory funding levels than discretionary funding levels.) adjusting mandatory funding levels than discretionary funding levels.)
Mandatory and discretionary spending is subject to budget enforcement processes that include
Mandatory and discretionary spending is subject to budget enforcement processes that include
sequestration. In general, sequestration involves largely across-the-board reductions that are made sequestration. In general, sequestration involves largely across-the-board reductions that are made
to certain categories of discretionary or mandatory spending. However, the conditions that trigger to certain categories of discretionary or mandatory spending. However, the conditions that trigger
sequestration, and how it is carried out, differ for each type of spending. This is discussed further sequestration, and how it is carried out, differ for each type of spending. This is discussed further
ii
n Appendix A.
Total Budget Authority Provided in the Bill vs. Total Budget Authority
Available in the Fiscal Year
Budget authority is the amount of money a federal agency is legally authorized to commit or
Budget authority is the amount of money a federal agency is legally authorized to commit or
spend. Appropriations bills may include budget authority that becomes available in the current spend. Appropriations bills may include budget authority that becomes available in the current
fiscal year, in future fiscal years, or some combination. Amounts that become available in future fiscal year, in future fiscal years, or some combination. Amounts that become available in future
fiscal years are typically referred to as fiscal years are typically referred to as
advance appropriations. .
Unless otherwise specified, appropriations levels displayed in this report refer to the total amount
Unless otherwise specified, appropriations levels displayed in this report refer to the total amount
of of
budget authority provided in an appropriations bill (i.e., “total in the bill”), regardless of the (i.e., “total in the bill”), regardless of the
year in which the funding becomes available.4 In some cases, the report breaks out year in which the funding becomes available.4 In some cases, the report breaks out
current-year
05-734SP. (Terms of interest may include appropriated entitlement, direct spending, discretionary, entitlement 05-734SP. (Terms of interest may include appropriated entitlement, direct spending, discretionary, entitlement
authority, and mandatory.) authority, and mandatory.)
3 Sometimes appropriations measures include amendments to laws authorizing mandatory spending programs and
3 Sometimes appropriations measures include amendments to laws authorizing mandatory spending programs and
thereby change the amount of mandatory appropriations needed. Because such amendments are legislative in nature, thereby change the amount of mandatory appropriations needed. Because such amendments are legislative in nature,
they may violate parliamentary rules separating authorizations and appropriations. For more information, see CRS they may violate parliamentary rules separating authorizations and appropriations. For more information, see CRS
Report R42388, Report R42388,
The Congressional Appropriations Process: An Introduction. .
4 Such figures include advance appropriations provided in the bill for future fiscal years, but do not include advance
4 Such figures include advance appropriations provided in the bill for future fiscal years, but do not include advance
appropriations provided in prior years’ appropriations bills that become available in the current year. appropriations provided in prior years’ appropriations bills that become available in the current year.
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1718 Labor, Health and Human Services, and Education: FY2022 Appropriations
appropriations (i.e., the amount of
appropriations (i.e., the amount of
budget authority available for obligation in a given fiscal year, ,
regardless of the year in which it was first appropriated).5 regardless of the year in which it was first appropriated).5
As the annual appropriations process unfolds, the amount of current-year budget authority is
As the annual appropriations process unfolds, the amount of current-year budget authority is
measured against 302(b) allocation ceilings (budget enforcement caps for appropriations measured against 302(b) allocation ceilings (budget enforcement caps for appropriations
subcommittees that traditionally emerge following the budget resolution process, seesubcommittees that traditionally emerge following the budget resolution process, see
Appendix
A). The process of measuring appropriations against these spending ceilings takes into account . The process of measuring appropriations against these spending ceilings takes into account
scorekeeping adjustments, which are made by the Congressional Budget Office (CBO) to reflect , which are made by the Congressional Budget Office (CBO) to reflect
conventions and special instructions of Congress.6 Unless otherwise specified, appropriations conventions and special instructions of Congress.6 Unless otherwise specified, appropriations
levels displayed in this report do not reflect additional scorekeeping adjustments. (Those levels displayed in this report do not reflect additional scorekeeping adjustments. (Those
scorekeeping adjustments are displayed at the bottom ofscorekeeping adjustments are displayed at the bottom of
Table 2.)
Status of FY2022 LHHS Appropriations
FY2022 Continuing Appropriations
FY2022 LHHS regular appropriations are currently being provided by a series of continuing resolutions (CRs). The first CR was signed into law on September 30, 2021 (Division A of H.R. 5305; P.L. 117-43). The measure had previously been introduced by the House Appropriations Committee chair, Representative DeLauro, on September 21, and was passed by the House that same day, 220-211. On September 30, the Senate took up and passed the measure with an amendment, 65-35,7 which was subsequently agreed to by the House, 254-175.
The first CR provided continuing appropriations for all 12 annual appropriations acts (including LHHS) through December 3, 2021. In general, the CR funded discretionary programs at the same rate and under the same conditions as in FY2021 (§101) and annually appropriated entitlements at their current law levels (§111).8 It also included several anomalies that are specific to LHHS accounts or related activities (§§138-149).9
A second CR was enacted on December 3, 2021, extending the provisions of the first CR with some additional anomalies (for LHHS, see §162) through February 18, 2022 (Division A of H.R. 6119; P.L. 117-70). The measure had previously been introduced by Representative DeLauro on December 2, and passed by the House (221-212) and Senate (69-28) that same day. Emergency-Designated Appropriations Over the course of FY2022, five bills were signed into law providing FY2022 emergency-designated appropriations for accounts typically funded in the LHHS bill.
Division B of the Bipartisan Safer Communities Act (S. 2938, P.L. 117-159, June
25, 2022) provided a total of $1.6 billion in FY2022 for several purposes or programs within HHS and ED related to community mental and behavioral health services, pediatric health care, school attendance and engagement, and school-based mental health services.7
Title IV of the Additional Ukraine Supplemental Appropriations Act, 2022 (H.R.
7691, P.L. 117-128, May 21, 2022) provided $54 million to the CDC for medical support, screening, and related public health activities related to the situation in Ukraine, including for populations displaced from Ukraine, and $900 million to ACF for resettlement assistance for Ukrainian refugees, Ukrainian parolees, and other eligible Ukrainians in the United States.
Division B of the Further Extending Government Funding Act (H.R. 6119; P.L.
117-70, December 3, 2021) contained the Additional Afghanistan Supplemental Appropriations Act, 2022, which provided $8 million to the CDC for medical support, screening, and related public health activities for Afghan arrivals and refugees, and $1.3 billion to ACF for resettlement assistance for Afghan arrivals and refugees.8
5 Such figures exclude advance appropriations for future years, but include advance appropriations from prior years that 5 Such figures exclude advance appropriations for future years, but include advance appropriations from prior years that
become available in the given fiscal year. become available in the given fiscal year.
6 For more information on scorekeeping, see CRS Report 98-560,
6 For more information on scorekeeping, see CRS Report 98-560,
Baselines and Scorekeeping in the Federal Budget
Process. See also a discussion of key scorekeeping guidelines included in the joint explanatory statement . See also a discussion of key scorekeeping guidelines included in the joint explanatory statement
accompanying the conference report to the Balanced Budget Act of 1997 (H.Rept. 105-217, pp. 1007-1014). accompanying the conference report to the Balanced Budget Act of 1997 (H.Rept. 105-217, pp. 1007-1014).
7
7
No substantive changes were made by the Senate amendment to the CR provisions in Division A of H.R. 5305. 8 For an estimate of the discretionary appropriations contained in Division A of H.R. 5305, see Table 1-H and Table 1-S in CBO Estimate for H.R. 5305, the Extending Government Funding and Delivering Emergency Assistance Act as Passed by the House of Representatives on September 21, 2021, https://www.cbo.gov/system/files/2021-09/57491-CBO-Estimate-for-HR5305.pdf.
9 The LHHS anomalies are discussed in CRS Report R46953, Overview of Continuing Appropriations for FY2022 (P.L.
117-43).
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link to page 12See Table 3 in CBO, cost estimate, “The Bipartisan Safer Communities Act would provide funding to encourage enactment of state laws aimed at controlling access to guns and to support a variety of other initiatives to enhance school safety, mental health programs, and violence prevention,” June 22, 2022, https://www.cbo.gov/system/files?file=2022-06/S2938.pdf.
8 See the summary of these provisions from the House Appropriations Committee majority staff, H.R. 6119, Further Extending Government Funding Act Section-by-Section Summary, https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/Further%20Extending%20Government%20Funding%20Act%20Summary.pdf.
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Division J of the Infrastructure Investment and Jobs Act (H.R. 3684; P.L. 117-58,
November 15, 2021) provided $100 million in FY2022 for the HHS Low Income Home Energy Assistance Program,9 and rescinded $353 million in previously enacted emergency funding from the Education Stabilization Fund. Labor, Health and Human Services, and Education: FY2022 Appropriations
FY2022 Emergency-Designated Appropriations
Although full-year regular annual appropriations have yet to be enacted, three bills have been signed into law providing FY2022 emergency-designated appropriations for accounts typically funded in the LHHS bill.
Divisions A and C of the Extending Government Funding and Delivering
Divisions A and C of the Extending Government Funding and Delivering
Emergency Assistance Act (H.R. 5305; P.L. 117-43, September 30, 2021)
Emergency Assistance Act (H.R. 5305; P.L. 117-43, September 30, 2021)
, provided $4.2 billionprovided $4.2 billion
in emergency-designated funding, as follows:10 , as follows:10
Division A, which contained the first CR for FY2022, provided $2.5 billion Division A, which contained the first CR for FY2022, provided $2.5 billion
in emergency-designed spending (§141) for(§141) to the HHS Administration for the HHS Administration for
Children and Families (ACF) for shelter and support services for Children and Families (ACF) for shelter and support services for
unaccompanied minors referred to HHS, including funding to expand the unaccompanied minors referred to HHS, including funding to expand the
capacity of state-licensed shelters. capacity of state-licensed shelters.
Division C, which contained the Afghanistan Supplemental Appropriations
Division C, which contained the Afghanistan Supplemental Appropriations
Act, 2022, provided $1.7 billion to ACF for resettlement assistance for
Act, 2022, provided $1.7 billion to ACF for resettlement assistance for
Afghan arrivals and refugees, and $21.5 million to the HHS Centers for Afghan arrivals and refugees, and $21.5 million to the HHS Centers for
Disease Control and Prevention (CDC) for medical support, screening, and Disease Control and Prevention (CDC) for medical support, screening, and
related public health activities for Afghan arrivals and refugees. related public health activities for Afghan arrivals and refugees.
Division J of the Infrastructure Investment and Jobs Act (H.R. 3684; P.L. 117-58,
November 15, 2021) provided $100 million in FY2022 for the HHS Low Income Home Energy Assistance Program,11 and rescinded $353 million in previously enacted emergency funding from the Education Stabilization Fund.
Division B of the Further Extending Government Funding Act (H.R. 6119; P.L.
117-70, December 3, 2021) contained the Additional Afghanistan Supplemental Appropriations Act, 2022, which provided $8 million to the CDC for medical support, screening, and related public health activities for Afghan arrivals and refugees, and $1.3 billion to ACF for resettlement assistance for Afghan arrivals and refugees.12
FY2022 Annual LHHS Appropriations
Table 1 provides a timeline of major legislative actions for full-year LHHS proposals, which are discussed in greater detail below.
10 See the summary of these provisions from House Appropriations Committee majority staff, H.R. 5305, Extending
Government Funding and Delivering Emergency Assistance Act: Section-by-Section Summary, https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/documents/Summary_0.pdf.
11FY2022 Annual LHHS Appropriations Table 1 provides a timeline of major legislative actions for full-year LHHS proposals, which are discussed in greater detail below.
Table 1. Status of Full-Year LHHS Appropriations Legislation, FY2022
Subcommittee
Full Committee
Resolution of House and
Approval
Approval
Senate Differences
House
Senate
House
Senate
Initial
Initial
Conf.
Final
Final
Public
House
Senate
House
Senate Passage
Passage
Report
Passage
Passage
Law
7/12/21 -
H.R. 4502
-
H.R. 4502, -
-
H.R. 2471, H.R. 2471,
P.L. 117-
voice
H.Rept.
Division A
Division H Division H 103
vote
117-96
7/29/21
3/9/22
3/10/22
3/15/22
7/15/21
219-208
361-69
68-31
33-25
Source: CRS Appropriations Status Table.
FY2022 Consolidated Appropriations Act
On March 15, 2022, the Consolidated Appropriations Act, 2022 (FY2022 LHHS omnibus; H.R. 2471) was signed into law by the President (P.L. 117-103). The FY2022 omnibus provided full- 9 Division J of P.L. 117-58 further provided to the Low Income Home Energy Assistance Program advance Division J of P.L. 117-58 further provided to the Low Income Home Energy Assistance Program advance
appropriations of $100 million for each of FY2023 through FY2026, for a total of $500 million for the program with all appropriations of $100 million for each of FY2023 through FY2026, for a total of $500 million for the program with all
fiscal years taken into account. fiscal years taken into account.
1210 See the summary of these provisions from See the summary of these provisions from
the House Appropriations Committee majority staff, House Appropriations Committee majority staff,
H.R. 6119, Further
Extending 5305, Extending Government Funding Actand Delivering Emergency Assistance Act: Section-by-Section Summary, https://appropriations.house.gov/sites/, https://appropriations.house.gov/sites/
democrats.appropriations.house.gov/files/democrats.appropriations.house.gov/files/
Further%20Extending%20Government%20Funding%20Act%20Summarydocuments/Summary_0.pdf. .pdf.
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Table 1. Status of Full-Year LHHS Appropriations Legislation, FY2022
Subcommittee
Full Committee
Resolution of House and
Approval
Approval
Senate Differences
House
Senate
House
Senate
Initial
Initial
Conf.
Final
Final
Public
House
Senate
House
Senate Passage
Passage
Report
Passage
Passage
Law
7/12/21
H.R. 4502
H.R. 4502,
voice
H.Rept.
Division A
vote
117-96
7/29/21
7/15/21
219-208
33-25
Source: CRS Appropriations Status Table.
Congressional Action on an LHHS Bill
FY2022 LHHS Action in the Senate
The FY2022 LHHS bill has not receivedyear appropriations for all 12 annual appropriations acts in Divisions A-L.11 (Full-year LHHS appropriations were enacted in Division H.) Prior to its enactment, the final version of the measure was approved by the House on March 9. (The vote to approve the portion that contained LHHS appropriations was 260-171.)12 The bill was approved by the Senate (68-31) on March 10.
See Figure 1 for a breakdown of FY2022 discretionary and mandatory LHHS appropriations enacted in the FY2022 LHHS omnibus.13 Annual discretionary LHHS appropriations totaled $214.2 billion. This amount is 7.9% more than FY2021 enacted and 15.7% less than the FY2022 President’s budget request. The omnibus also provided $1.102 trillion in mandatory funding, for a combined LHHS total of $1.316 trillion.
Figure 1. FY2022 Enacted LHHS Appropriations
Source: Amounts in this figure are generally drawn from or calculated based on data contained in the explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Enacted totals for FY2022 do not include emergency-designated appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. 114-255), as amended. Notes: Details may not add to totals due to rounding. Amounts in this figure (1) reflect all budget authority appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided for agencies
11 The FY2022 omnibus was originally intended to carry additional supplemental appropriations related to the COVID-19 pandemic in Division M, but Division M was omitted prior to floor consideration.
12 The special rule, H.Res. 973, provided for the consideration of an amendment consisting of the FY2022 omnibus (as contained in House Rules Committee Print 117-35) to the Senate amendment to H.R. 2471. H.Res. 973 also provided for the House to adopt the amendment in two votes: the first on Divisions B, C, F, X, Z, titles 2 and 3 of division N, and the second on the remaining divisions and titles. The House adopted Divisions B, C, F, X, Z, titles 2 and 3 of division N by a vote of 361-69, and adopted the remaining divisions and titles by a vote of 260-171. The subsequent motion that the House agree to the Senate amendment with an amendment was agreed to by a voice vote.
13 While the percentages in this figure were calculated based on amounts in the FY2022 LHHS omnibus, they are generally also illustrative—within a few percentage points—of the share of mandatory and discretionary funds in FY2021 and under the FY2022 President’s budget and the FY2022 House committee bill.
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and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
FY2022 Continuing Appropriations
Between the start of FY2022 and the enactment of full-year annual appropriations, FY2022 LHHS appropriations were provided by a series of CRs. The first CR was signed into law on September 30, 2021 (Division A of H.R. 5305; P.L. 117-43). The measure had previously been introduced by the House Appropriations Committee chair, Representative DeLauro, on September 21, and was passed by the House that same day, 220-211. On September 30, the Senate took up and passed the measure with an amendment, 65-35,14 which was subsequently agreed to by the House, 254-175.
The first CR provided continuing appropriations for all 12 annual appropriations acts (including LHHS) through December 3, 2021. In general, the CR funded discretionary programs at the same rate and under the same conditions as in FY2021 (§101) and annually appropriated entitlements at their current law levels (§111).15 It also included several anomalies that are specific to LHHS accounts or related activities (§§138-149).
A second CR was enacted extending the provisions of the first CR with some additional anomalies (for LHHS, see Section 162) through February 18, 2022 (Division A of H.R. 6119; P.L. 117-70, December 3, 2021). The measure had previously been introduced by Representative DeLauro on December 2, and passed the House (221-212) and the Senate (69-28) that same day.
A third CR was enacted extending the provisions on the second CR with some additional anomalies (none of which were LHHS-related) through March 11, 2022 (Division A of H.R. 6617; P.L. 117-86, February 18, 2022). The measure had been previously introduced by Representative DeLauro on February 7. It passed the House (272-182) on February 8 and the Senate (65-27) on February 17.
A fourth CR was enacted extending the provisions of the third CR with some additional anomalies (not LHHS-related) through March 15, 2022 (H.J.Res 75; P.L. 117-95, March 11, 2022). The measure had been previously introduced by Representative DeLauro on March 8. It passed the House (voice vote) on March 8 and the Senate (voice vote) on March 10.
Prior Congressional Action on an LHHS Bill
FY2022 LHHS Action in the Senate The FY2022 LHHS bill did not receive subcommittee, full committee, or initial floor action in subcommittee, full committee, or initial floor action in
the Senate. Senator Leahy, Chair of the Senate Appropriations Committee, released a majority the Senate. Senator Leahy, Chair of the Senate Appropriations Committee, released a majority
draft of the LHHS bill and accompanying draft report language on October 18, 2021. According draft of the LHHS bill and accompanying draft report language on October 18, 2021. According
to the chair, the purpose of this release was to further negotiations toward enacting all 12 annual to the chair, the purpose of this release was to further negotiations toward enacting all 12 annual
appropriations bills prior to when the CR was to expire on December 3.appropriations bills prior to when the CR was to expire on December 3.
1316 These draft numbers are not presented in this report.
14 No substantive changes were made by the Senate amendment to the CR provisions in Division A of H.R. 5305. 15 For an estimate of the discretionary appropriations contained in Division A of H.R. 5305, see Table 1-H and 1-S in Congressional Budget Office (CBO) Estimate for H.R. 5305, the Extending Government Funding and Delivering Emergency Assistance Act as Passed by the House of Representatives on September 21, 2021, https://www.cbo.gov/system/files/2021-09/57491-CBO-Estimate-for-HR5305.pdf.
16 The text of the Senate majority draft LHHS bill and accompanying committee report is linked to the press release,
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These draft numbers
are not presented in this report.
In addition, on October 25, Senator Murray, Chair of the Senate Appropriations LHHS
In addition, on October 25, Senator Murray, Chair of the Senate Appropriations LHHS
Subcommittee, introduced an FY2022 LHHS bill (S. 3062). This bill was referred to the Senate Subcommittee, introduced an FY2022 LHHS bill (S. 3062). This bill was referred to the Senate
Appropriations Committee.Appropriations Committee.
1417 Because S. 3062 has not receiveddid not receive any congressional action, this
report does not discuss this measure.
FY2022 LHHS Action in the House (Division A, H.R. 2740)
The House LHHS subcommittee approved the draft LHHS bill on July 12, 2021, by a voice vote. The House LHHS subcommittee approved the draft LHHS bill on July 12, 2021, by a voice vote.
On July 15, 2021, the House Appropriations Committee voted (33-25) to report the LHHS bill; On July 15, 2021, the House Appropriations Committee voted (33-25) to report the LHHS bill;
the measure was subsequently reported to the House on July 19 (H.R. 4502; H.Rept. 117-96). the measure was subsequently reported to the House on July 19 (H.R. 4502; H.Rept. 117-96).
See Figure 1 for a breakdown of FY2022 discretionary and mandatory LHHS appropriations proposed in the House committee bill.15 As reported by the full committee, the bill would provide As reported by the full committee, the bill would provide
$254.4 billion in discretionary LHHS funds, a 28.1% increase from FY2021 enacted levels. This $254.4 billion in discretionary LHHS funds, a 28.1% increase from FY2021 enacted levels. This
amount would be 0.2% more than the amount would be 0.2% more than the
FY2022 President’s request. In addition, the House FY2022 President’s request. In addition, the House 13 The text of the Senate majority draft LHHS bill and accompanying committee report is linked to the press release, “Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,” October 18, 2021, https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-bills. See also “Shelby: Democrats’ Partisan Bills Threaten FY22 Appropriations Process,” October 18, 2021, https://www.appropriations.senate.gov/news/shelby-democrats-partisan-bills-threaten-fy22-appropriations-process.
14 The text of S. 3062 as introduced was generally the same as the draft LHHS bill released by the chair of the Senate Appropriations Committee on October 18, discussed above.
15 While the percentages in this figure were calculated based on amounts in the FY2022 House committee bill, they are generally also illustrative—within a few percentage points—of the share of mandatory and discretionary funds in FY2021 and under the FY2022 President’s budget.
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committee bill would provide an estimated $1.102 trillion in mandatory funding, for a combined committee bill would provide an estimated $1.102 trillion in mandatory funding, for a combined
total of $1.356 trillion for LHHS as a whole. (Note that these totals are based only on amounts of total of $1.356 trillion for LHHS as a whole. (Note that these totals are based only on amounts of
non-emergency appropriations that would have been provided by the House committee bill and non-emergency appropriations that would have been provided by the House committee bill and
do not include emergency-designated funds, which are do not include emergency-designated funds, which are
in addition to the regular annual to the regular annual
appropriations.) appropriations.)
Later in July, LHHS appropriations were initially considered on the House floor as part of a
Later in July, LHHS appropriations were initially considered on the House floor as part of a
consolidated appropriations package and passed the House (219-208), as amended, on July 29, consolidated appropriations package and passed the House (219-208), as amended, on July 29,
2021 (Division A of H.R. 4502). This package would provide appropriations for six other 2021 (Division A of H.R. 4502). This package would provide appropriations for six other
appropriations acts in addition to LHHS.appropriations acts in addition to LHHS.
1618 Floor action was regulated by the terms of a special Floor action was regulated by the terms of a special
rule (H.Res. 555). A total of 56 amendments to the LHHS title of the bill were made in order for rule (H.Res. 555). A total of 56 amendments to the LHHS title of the bill were made in order for
consideration on the floor.consideration on the floor.
1719 This rule also provided the authority for the chair of the This rule also provided the authority for the chair of the
Appropriations Committee or her designee to offer any of the amendments made in order en bloc Appropriations Committee or her designee to offer any of the amendments made in order en bloc
(i.e., in groups of amendments to be disposed of together).(i.e., in groups of amendments to be disposed of together).
1820 All but two LHHS amendments were All but two LHHS amendments were
considered in this manner.considered in this manner.
1921 When counted as 56 separate amendments, 47 were adopted and 9 When counted as 56 separate amendments, 47 were adopted and 9
were rejected. were rejected.
Because there is no publicly available source that estimates the account- or subaccount-level
budgetary effects of the amendments adopted to Division A, this report provides analysis of the
House Committee-reported version of the LHHS bill. For information on the LHHS amendments For information on the LHHS amendments
offered during floor consideration, seoffered during floor consideration, se
e Appendix B.
Figure 1. FY2022 House Committee-Reported LHHS Appropriations
Source: Amounts in this figure are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported).
16
“Chairman Leahy Releases Remaining Nine Senate Appropriations Bills,” October 18, 2021, https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-appropriations-bills. See also “Shelby: Democrats’ Partisan Bills Threaten FY22 Appropriations Process,” October 18, 2021, https://www.appropriations.senate.gov/news/shelby-democrats-partisan-bills-threaten-fy22-appropriations-process.
17 The text of S. 3062 as introduced was generally the same as the draft LHHS bill released by the chair of the Senate Appropriations Committee on October 18, discussed above.
18 Those appropriations acts were Agriculture and Rural Development, Energy and Water Development, Financial Those appropriations acts were Agriculture and Rural Development, Energy and Water Development, Financial
Services and General Government, Interior and Environment, Military Construction and Veterans Affairs, and Services and General Government, Interior and Environment, Military Construction and Veterans Affairs, and
Transportation and Housing and Urban Development. Transportation and Housing and Urban Development.
1719 For a list of these LHHS amendments (numbered 1-56) and the text of each that was made in order, see pages 8-13 For a list of these LHHS amendments (numbered 1-56) and the text of each that was made in order, see pages 8-13
and 30-38 of H.Rept. 117-109. and 30-38 of H.Rept. 117-109.
1820 For further information about en bloc authority in the context of House floor consideration of appropriations For further information about en bloc authority in the context of House floor consideration of appropriations
measures, see CRS Report R46841, measures, see CRS Report R46841,
Changes in the House of Representatives’ Initial Consideration of Regular
Appropriations Measures, 113th-116th Congresses. .
1921 For the en bloc amendments proposing changes to the LHHS division of the bill, see consideration of amendments en For the en bloc amendments proposing changes to the LHHS division of the bill, see consideration of amendments en
bloc nos. 1, 2, 3, and 4 in bloc nos. 1, 2, 3, and 4 in
Congressional Record, daily edition, Vol. 167, No. 131 (July 27, 2021), pp. H4055-H4073. , daily edition, Vol. 167, No. 131 (July 27, 2021), pp. H4055-H4073.
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FY2022 House committee totals (“Total BA in the Bil ”) do not include emergency-designated LHHS appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory spending sequestration. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. 114-255), as amended. Notes: Details may not add to totals due to rounding. Amounts in this figure (1) reflect all budget authority appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
FY2022 President’s Budget Request
The President’s budget request for the upcoming fiscal year is due to be submitted to Congress by The President’s budget request for the upcoming fiscal year is due to be submitted to Congress by
the first Monday in February. However, the FY2022 budget was submitted during a year in which the first Monday in February. However, the FY2022 budget was submitted during a year in which
a presidential transition occurred (on January 20, 2021). Recent Presidents have not submitted a presidential transition occurred (on January 20, 2021). Recent Presidents have not submitted
detailed budget proposals until April or May of their first year in office, although each has detailed budget proposals until April or May of their first year in office, although each has
advised Congress regarding the general contours of their economic and budgetary policies in advised Congress regarding the general contours of their economic and budgetary policies in
special messages submitted to Congress prior to that submission.special messages submitted to Congress prior to that submission.
2022 This delay allows time to This delay allows time to
prepare a proposal that reflects the priorities of the new Administration. prepare a proposal that reflects the priorities of the new Administration.
On April 9, President Biden submitted to Congress an outline of his discretionary funding
On April 9, President Biden submitted to Congress an outline of his discretionary funding
priorities for FY2022.priorities for FY2022.
2123 This preliminary document provided early highlights for numerous policy This preliminary document provided early highlights for numerous policy
areas, including several funded in the LHHS bill. The full budget request was submitted on May areas, including several funded in the LHHS bill. The full budget request was submitted on May
28, almost four months after its due date.28, almost four months after its due date.
2224
The President requested $254.0 billion in discretionary funding for accounts funded by the LHHS
The President requested $254.0 billion in discretionary funding for accounts funded by the LHHS
bill, which is an increase of 27.9% from FY2021 levels. In addition, the President requested bill, which is an increase of 27.9% from FY2021 levels. In addition, the President requested
$1.102 trillion in annually appropriated mandatory funding, for a total of $1.355 trillion for $1.102 trillion in annually appropriated mandatory funding, for a total of $1.355 trillion for
LHHS as a whole. LHHS as a whole.
FY2021 LHHS Omnibus (Division H, Consolidated Appropriations
Act, 2021, H.R. 133; P.L. 116-260)
On December 27, 2020, the Consolidated Appropriations Act, 2021 was signed into law by the On December 27, 2020, the Consolidated Appropriations Act, 2021 was signed into law by the
President (H.R. 133, P.L. 116-260). P.L. 116-260 provided full-year appropriations for all 12 President (H.R. 133, P.L. 116-260). P.L. 116-260 provided full-year appropriations for all 12
annual appropriations acts in Divisions A-L, and supplemental appropriations for COVID-19 annual appropriations acts in Divisions A-L, and supplemental appropriations for COVID-19
pandemic relief in Division M.pandemic relief in Division M.
2325 (Full-year LHHS appropriations were enacted in Division H, (Full-year LHHS appropriations were enacted in Division H,
referred to as “the FY2021 LHHS omnibus.”) Prior to its enactment, the final version of the referred to as “the FY2021 LHHS omnibus.”) Prior to its enactment, the final version of the
measure was approved by the House on December 21. (The vote to approve the portion that measure was approved by the House on December 21. (The vote to approve the portion that
contained LHHS appropriations was 359-53.26) It was approved by the Senate (92-6) later that same day.
LHHS discretionary appropriations in the FY2021 LHHS omnibus totaled $198.5 billion. This amount was 1.6% more than FY2020 enacted and 11.0% more than the FY2021 President’s budget request. The omnibus also provided $980.0 billion in mandatory funding, for a combined LHHS total of $1.178 trillion. (Note that these totals are based only on amounts of non-
22
20 See CRS Insight IN11655, See CRS Insight IN11655,
Budget Submission After a Presidential Transition: Contextualizing the Biden
Administration’s FY2022 Request. .
2123 Office of Management and Budget (OMB), Office of Management and Budget (OMB),
The President’s FY2022 Discretionary Request, April 9, 2021, , April 9, 2021,
https://www.whitehouse.gov/omb/fy-2022-discretionary-request/. https://www.whitehouse.gov/omb/fy-2022-discretionary-request/.
2224 See https://www.whitehouse.gov/omb/budget/. See https://www.whitehouse.gov/omb/budget/.
2325 P.L. 116-260 also contained additional COVID-19 pandemic response provisions in Division N, but this division is P.L. 116-260 also contained additional COVID-19 pandemic response provisions in Division N, but this division is
considered authorizing legislation, rather than appropriations legislation, and is thus beyond the scope of this report. considered authorizing legislation, rather than appropriations legislation, and is thus beyond the scope of this report.
For further discussion, see the Congressional Budget Office cost estimate for Division N, released on January 14, 2021, For further discussion, see the Congressional Budget Office cost estimate for Division N, released on January 14, 2021,
at https://www.cbo.gov/system/files/2021-01/PL_116-260_div_N.pdf. In addition, Divisions O-FF of P.L. 116-260 at https://www.cbo.gov/system/files/2021-01/PL_116-260_div_N.pdf. In addition, Divisions O-FF of P.L. 116-260
contained miscellaneous authorizing provisions that are also beyond the scope of this report. contained miscellaneous authorizing provisions that are also beyond the scope of this report.
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contained LHHS appropriations was 359-53.24) It was approved by the Senate (92-6) later that same day.
LHHS discretionary appropriations in the FY2021 LHHS omnibus totaled $198.5 billion. This amount was 1.6% more than FY2020 enacted and 11.0% more than the FY2021 President’s budget request. The omnibus also provided $980.0 billion in mandatory funding, for a combined LHHS total of $1.178 trillion. (Note that these totals are based only on amounts of non-emergency appropriations provided by the FY2021 LHHS omnibus and do not include emergency-designated or supplemental funds, which were provided in addition to the annual appropriations. Division H also enacted $1.6 billion in emergency-designated budget authority, of which $925 million was for DOL in Title I, and $638 million was for HHS in Title II, which is not reflected in the above figures, consistent with the conventions for displaying emergency-designated budget authority in this report.)
24 The special rule, H.Res. 1271, provided for the consideration of an amendment consisting of the final text for enactment (as contained in House Rules Committee Print 116-68) to the Senate amendment to H.R. 133. H.Res. 1271 also provided for the House to adopt the amendment in two votes: the first on Divisions B, C, E, and F, and the second on the remaining divisions. The House adopted Divisions B, C, E, and F by a vote of 327-85, and adopted the remaining divisions by a vote of 359-53. The subsequent motion that the House agree to the Senate amendment with an amendment was agreed to without objection.
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link to page 63 link to page 59 link to page 17 link to page 60 link to page 6026 The special rule, H.Res. 1271, provided for the consideration of an amendment consisting of the final text for enactment (as contained in House Rules Committee Print 116-68) to the Senate amendment to H.R. 133. H.Res. 1271 also provided for the House to adopt the amendment in two votes: the first on Divisions B, C, E, and F, and the second on the remaining divisions. The House adopted Divisions B, C, E, and F by a vote of 327-85, and adopted the remaining divisions by a vote of 359-53. The subsequent motion that the House agree to the Senate amendment with an amendment was agreed to without objection.
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emergency appropriations provided by the FY2021 LHHS omnibus and do not include emergency-designated or supplemental funds, which were provided in addition to the annual appropriations. Division H also enacted $1.6 billion in emergency-designated budget authority, of which $925 million was for DOL in Title I, and $638 million was for HHS in Title II, which is not reflected in the above figures, consistent with the conventions for displaying emergency-designated budget authority in this report.)
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Summary of FY2022 LHHS Appropriations
Dollars and Percentages in this Report
Amounts displayed in this report are typically rounded
Amounts displayed in this report are typically rounded
(e.g., to the nearest mil ionto the nearest mil ion
or bil ion (), as labeledas labeled
). Dol ar and . Dol ar and
percentage changes discussed in the text are based on unrounded amounts. percentage changes discussed in the text are based on unrounded amounts.
Unless otherwise specified, appropriations levels displayed in this report refer to the total amount of budget Unless otherwise specified, appropriations levels displayed in this report refer to the total amount of budget
authority provided in an appropriations bil (i.e., “total in the bil ”), regardless of the year in which the funding authority provided in an appropriations bil (i.e., “total in the bil ”), regardless of the year in which the funding
becomes available.becomes available.
For FY2022 enacted, amounts for HHS include $1.6 billion in regular discretionary appropriations enacted as part of the second continuing resolution for FY2022, P.L. 117-70, for the Unaccompanied Alien Children program. Throughout this report, the FY2022 House Appropriations Committee-reported LHHS bil is commonly referred Throughout this report, the FY2022 House Appropriations Committee-reported LHHS bil is commonly referred
to as the House “committee bil .” (This report does not contain estimates of the House-passed version of Division to as the House “committee bil .” (This report does not contain estimates of the House-passed version of Division
A of H.R. 4502, as there is no publicly available source that estimates the account- and subaccount-level budgetary A of H.R. 4502, as there is no publicly available source that estimates the account- and subaccount-level budgetary
effects of the adopted amendments. However, information on the LHHS amendments offered during floor effects of the adopted amendments. However, information on the LHHS amendments offered during floor
consideration can be found inconsideration can be found in
Appendix B.) Amounts for Amounts for
the FY2021 Enacted, FY2022 Request, and FY2022 FY2021 Enacted, FY2022 Request, and FY2022
House CommitteeEnacted columns are generally drawn from or are generally drawn from or
calculated based on data contained in the calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported), unless otherwise noted. The amounts for explanatory statement accompanying the FY2022 LHHS omnibus (P.L. P.L.
117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. The amounts shown for emergency-designated 117-31, Divisions A and C
of P.L. 117-43, Division J of P.L. 117-58, and Division B of P.L. 117-70, are based on CRS analysis of the texts of those laws. FY2021 enacted totals (“Total BA in the Bil ”) do not include emergency-designated LHHS appropriations appropriations
provided in provided in
Divisions H and M of P.L. 116-260, or by P.L. 117-31. FY2022 House committee totals (“Total BA in the Bil ”) do not include emergency-designated LHHS appropriations in Divisions A and C of P.L. 117-43, Division J of P.L. 117-58, or Division B of P.L. 117-70. For informational purposes, FY2021 and FY2022 enacted emergency-designated amounts are displayed separately at the bottom of tables throughout the report and not summed. One Title II of P.L. 117-31, Divisions A and C of P.L. 117-43, Division J of P.L. 117-58, Division B of P.L. 117-70, Title IV of P.L. 117-128, and Division B of P.L. 117-159, are based on CRS analysis of the texts of those laws. In general, the enacted totals (“Total BA in the Bil ”) in this report do not include emergency-designated appropriations. An exception to this rule is made inexception to this rule is made in
Table A-1, which includes FY2021 and FY2022 enacted emergency-designated hich includes FY2021 and FY2022 enacted emergency-designated
funds in the “Adjusted Appropriations” totals, as scored by the Congressional Budget funds in the “Adjusted Appropriations” totals, as scored by the Congressional Budget
Office. In addition, as applicable, other tables in this report include, at the bottom, a separate line or lines for emergency-designated appropriations; these lines are shown for informational purposes and the amounts displayed are not included in the table totals. Office. For consistency with source materials, amounts in this report generally do not reflect mandatory spending For consistency with source materials, amounts in this report generally do not reflect mandatory spending
sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant to sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant to
executive authorities, except as noted.executive authorities, except as noted.
2527 CRS calculations do, however, include LHHS funding provided to HHS CRS calculations do, however, include LHHS funding provided to HHS
pursuant to the 21st Century Cures Act (P.L. 114-255), as amended. pursuant to the 21st Century Cures Act (P.L. 114-255), as amended.
Table 2 displays FY2022 discretionary and mandatory LHHS budget authority proposed, by bill title, along with FY2021 enacted levels. The amounts shown in this table reflect total budget authority provided in the annual LHHS bill (i.e., all funds appropriated in the bill, regardless of the fiscal year in which the funds become available), not total budget authority available for the current fiscal year. (For a comparable table showing current-year budget authority, see Table A-
2.) Note that the totals in this table do not include emergency-designated appropriations; those amounts are displayed separately at the bottom of the table and are in addition to regular appropriations.
25The descriptions of the LHHS appropriations in this report frequently reference “report language,” which Congress may use to further specify funding or to communicate a range of directives to the agency. Each regular appropriations bil reported from committee is usually accompanied by a written committee report, and the final explanatory text may be used to reconcile any differences between those reports. For example, earlier report language may address certain issues in ways that are difficult to reconcile harmoniously with the final enacted text. In these instances, the explanatory text normally seeks to clarify how the affected agency is to proceed. On the other hand, if the original committee language is ultimately acceptable to congressional negotiators, the explanatory statement might be silent due to an expectation that the agency wil fol ow the original directive. For further information, see CRS Report R44124, Appropriations Report Language: Overview of Components and Development.
Table 2 displays FY2022 discretionary and mandatory LHHS budget authority proposed and enacted, by bill title, along with FY2021 enacted levels. The amounts shown in this table reflect
27 The general practice for CRS reports on the LHHS bill has been to reflect conventions used in source materials. The general practice for CRS reports on the LHHS bill has been to reflect conventions used in source materials.
These conventions have varied over the years. For instance, CRS reports on LHHS appropriations for FY2012-FY2015 These conventions have varied over the years. For instance, CRS reports on LHHS appropriations for FY2012-FY2015
generally relied on source materials that adjusted appropriations amounts in the prior-year column to reflect generally relied on source materials that adjusted appropriations amounts in the prior-year column to reflect
sequestration, reestimates of mandatory spending, transfers, reprogramming, and other adjustments for comparability. sequestration, reestimates of mandatory spending, transfers, reprogramming, and other adjustments for comparability.
However, the FY2016 version of this report broke from that practice due to differing display conventions in source However, the FY2016 version of this report broke from that practice due to differing display conventions in source
documents, and did not reflect any such adjustments (except sequestration for the Prevention and Public Health Fund documents, and did not reflect any such adjustments (except sequestration for the Prevention and Public Health Fund
[PPHF]). The FY2017 version of this report differed from both of these prior practices, in that it reflected a smaller [PPHF]). The FY2017 version of this report differed from both of these prior practices, in that it reflected a smaller
subset of transfers (generally concentrated at the National Institutes of Health) and other adjustments for comparability (e.g., program moves from one account to another), but not reprogramming of funds or mandatory sequestration (except sequestration of the PPHF). The FY2018-FY2021 versions of this report, however, relied on source materials that generally did not reflect any transfers or other budgetary adjustments pursuant to administrative authorities except PPHF sequestration. For FY2022, the source materials used for this report continue this most recent approach.
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Table 2. LHHS Appropriations Overview by Bill Title, FY2021-FY2022
(Total
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total budget authority provided in the annual LHHS bill (i.e., all funds appropriated in the bill, regardless of the fiscal year in which the funds become available), not total budget authority available for the current fiscal year. (For a comparable table showing current-year budget authority, see Table A-2.) Note that the totals in this table do not include emergency-designated appropriations; those amounts are displayed separately at the bottom of the table and are in addition to regular appropriations.
Table 2. LHHS Appropriations Overview by Bill Title, FY2021-FY2022
(total budget authority provided in the bill, in billions of dollars) budget authority provided in the bill, in billions of dollars)
FY2022
House
FY2021
FY2022
Cmte.
FY2022
Bill Title
Enacted
Request
(H.R. 4502)
Enacted
Title I: Labor
13.9
15.65
16.0
14.4
Discretionary
Discretionary
12.5
12.5
14.3
14.3
14.7
14.7
13.2
Mandatory
Mandatory
1.4
1.4
1.2
1.2
1.2
1.2
1.2
Title II: HHS
1,016.6
1,159.6
1,159.4
1,148.2
Discretionary
Discretionary
97.0
97.0
120.0
120.0
119.8
119.8
108.6
Mandatory
Mandatory
919.6
919.6
1,039.6
1,039.6
1,039.6
1,039.6
1,039.6
Title III: Education
77.2
106.5
106.5
80.1
Discretionary
Discretionary
73.5
73.5
102.8
102.8
102.8
102.8
76.4
Mandatory
Mandatory
3.7
3.7
3.7
3.7
3.7
3.7
3.7
Title IV: Related Agencies
70.8
73.8
74.0
73.0
Discretionary
Discretionary
15.5
15.5
16.9
16.9
17.0
17.0
16.0
Mandatory
Mandatory
55.3
55.3
57.0
57.0
57.0
57.0
57.0
Total BA in the Bill
1,178.5
1,355.5
1,355.9
1,315.7
Discretionary
198.5
254.0
254.4
214.2
Mandatory
980.0
1,101.5
1101.5
1,101.5
1,101.5
Emergency Funding (not included in above totals)
P.L. 116-260, Division H
P.L. 116-260, Division H
1.6
1.6
—
—
—
—
—
—
P.L. 116-260, Division M
P.L. 116-260, Division M
154.9
154.9
—
—
—
—
—
—
P.L. 117-31
P.L. 117-31
, Title II
0.
0.
0a
—
—
—
—
—
—
P.L. 117-43, Divisions A and C
P.L. 117-43, Divisions A and C
—
—
—
—
—
—
4.2
4.2
P.L. 117-58, Division J
P.L. 117-58, Division J
—
—
—
—
—
—
-0.30.1
P.L. 117-70, Division B
—
—
—
1.3
P.L. 117-128, Title IV
—
—
—
1.0
P.L. 117-159, Division B
—
—
—
3.0
subset of transfers (generally concentrated at the National Institutes of Health) and other adjustments for comparability (e.g., program moves from one account to another), but not reprogramming of funds or mandatory sequestration (except sequestration of the PPHF). The FY2018-FY2021 versions of this report, however, relied on source materials that generally did not reflect any transfers or other budgetary adjustments pursuant to administrative authorities except PPHF sequestration. For FY2022, the source materials used for this report continue this most recent approach.
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Bill Title
Enacted
Request
(H.R. 4502)
Enacted
P.L. 117-70, Division B
—
—
—
1.3
Memoranda (non-emergency funds only):
Advances for Future Years
Advances for Future Years
197.6
197.6
210.7
210.7
210.8
210.8
210.7
(provided in current bil
(provided in current bil
)b
Advances from Prior Years
Advances from Prior Years
189.0
189.0
197.6
197.6
197.6
197.6
197.6
(for use in current year
(for use in current year
)b
Additional Scorekeeping Adjustmen
Additional Scorekeeping Adjustmen
tsc
-22.
-22.
58
-25.4
-25.4
-14.7
-14.7
-15.0
Source: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns are columns are
generally drawn from or calculated based on data contained in the generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96)
accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For
consistency with consistency with
source materials, amounts in this source materials, amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to applicable, nor do they reflect any transfers or reprogramming of funds pursuant to
executive authorities. executive authorities. CRS
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calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. 114-255), as amended. Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. No appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. No
amounts are shown for Title V, because this title consists solely of general provisions. amounts are shown for Title V, because this title consists solely of general provisions.
a. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance a. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
(the unit of measure used in this table). (the unit of measure used in this table).
b. Totals in this table are based on budget authority provided in the bil (i.e., they exclude advance
b. Totals in this table are based on budget authority provided in the bil (i.e., they exclude advance
appropriations from prior bil s and include advance appropriations from this bil made available in future
appropriations from prior bil s and include advance appropriations from this bil made available in future
years). The calculation for total budget authority available in a given fiscal year is as fol ows: Total BA in the years). The calculation for total budget authority available in a given fiscal year is as fol ows: Total BA in the
Bil , minus Advances for Future Years, plus Advances from Prior Years. FY2022 advance appropriations Bil , minus Advances for Future Years, plus Advances from Prior Years. FY2022 advance appropriations
enacted in prior fiscal years are listed in the FY2022 Request and FY2022 House Cmte. columns. enacted in prior fiscal years are listed in the FY2022 Request and FY2022 House Cmte. columns.
c. Totals in this table have generally not been adjusted for scorekeeping. (To adjust for scorekeeping, add this
c. Totals in this table have generally not been adjusted for scorekeeping. (To adjust for scorekeeping, add this
line to the total budget authority.)
line to the total budget authority.)
Figure 2 displays displays
the House committee bill discretionary and mandatory LHHS funding levels discretionary and mandatory LHHS funding levels
proposedenacted for FY2022, by bill title. (While the dollars and percentages discussed in this section for FY2022, by bill title. (While the dollars and percentages discussed in this section
were calculated based on the were calculated based on the
FY2022 enacted amountsFY2022 House committee bill, they are generally also illustrative—, they are generally also illustrative—
within several percentage points—of the share of funds directed to each bill title in FY2021within several percentage points—of the share of funds directed to each bill title in FY2021
, and and
under the FY2022 President’s under the FY2022 President’s
budgetbudget and House committee bill.) .)
As this figure demonstrates, HHS accounts for the largest share of total FY2022 LHHS
As this figure demonstrates, HHS accounts for the largest share of total FY2022 LHHS
appropriations: $1.appropriations: $1.
159148 trillion, or trillion, or
85.587.3%. This is due to the large amount of mandatory funding %. This is due to the large amount of mandatory funding
included in the HHS appropriation, the majority of which is for Medicaid grants to states and included in the HHS appropriation, the majority of which is for Medicaid grants to states and
payments to health care trust funds. After HHS, ED and the Related Agencies represent the next-payments to health care trust funds. After HHS, ED and the Related Agencies represent the next-
largest shares of total LHHS funding, accounting for largest shares of total LHHS funding, accounting for
7.96.1% and 5.% and 5.
45%, respectively. (The majority %, respectively. (The majority
of the ED appropriations each year are discretionary, while the bulk of funding for the Related of the ED appropriations each year are discretionary, while the bulk of funding for the Related
Agencies goes toward mandatory payments and administrative costs of the Supplemental Security Agencies goes toward mandatory payments and administrative costs of the Supplemental Security
Income program at the Social Security Administration.) DOL accounts for the smallest share of Income program at the Social Security Administration.) DOL accounts for the smallest share of
total LHHS funds, 1.total LHHS funds, 1.
2%.
1%.
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The overall composition of LHHS funding is noticeably different when comparing only The overall composition of LHHS funding is noticeably different when comparing only
discretionary appropriations. HHS accounts for a comparatively smaller share of total discretionary appropriations. HHS accounts for a comparatively smaller share of total
discretionary appropriations (discretionary appropriations (
47.150.7%), while ED accounts for a relatively larger share (%), while ED accounts for a relatively larger share (
40.435.7%). %).
Together, these two departments represent the majority (Together, these two departments represent the majority (
87.586.4%) of discretionary LHHS %) of discretionary LHHS
appropriations. DOL and the Related Agencies account for appropriations. DOL and the Related Agencies account for
a roughly even split of the remaining 12.5% of discretionary LHHS funds.
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Figure 2. FY2022 House Committee-Reportedthe remaining discretionary funds, at 6.2% and 7.5% of the total, respectively.
Figure 2. FY2022 Enacted LHHS Appropriations by Title
(
(
Budgetbudget authority in billions of dollars unless otherwise indicated) authority in billions of dollars unless otherwise indicated)
Source: Amounts in this figure are generally drawn from or calculated based on data contained in the Amounts in this figure are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). FY2022 House committee totals (“Total BA in the Bil ”)explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Enacted totals for FY2022 do not include emergency-designated do not include emergency-designated
LHHS appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory
spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant
to executive authorities. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the to executive authorities. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the
21st Century Cures Act (P.L. 114-255), as amended. 21st Century Cures Act (P.L. 114-255), as amended.
Notes: Details may not add to totals due to rounding. Amounts in this figure (1) reflect all BA appropriated in Details may not add to totals due to rounding. Amounts in this figure (1) reflect all BA appropriated in
the bil , regardless of the year in which funds become available (i.e., totals do not include advances from prior-the bil , regardless of the year in which funds become available (i.e., totals do not include advances from prior-
year appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not year appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not
been adjusted to reflect scorekeeping; (3) comprise only those funds provided for agencies and accounts subject been adjusted to reflect scorekeeping; (3) comprise only those funds provided for agencies and accounts subject
to the jurisdiction of the LHHS subcommittees of the House and Senate appropriations committees; and (4) do to the jurisdiction of the LHHS subcommittees of the House and Senate appropriations committees; and (4) do
not include appropriations that occur outside of appropriations bil s. not include appropriations that occur outside of appropriations bil s.
Department of Labor (DOL)
Note that all amounts in this section are based on regular LHHS appropriations only. Amounts in Note that all amounts in this section are based on regular LHHS appropriations only. Amounts in
this section do not include mandatory funds provided outside of the annual appropriations process this section do not include mandatory funds provided outside of the annual appropriations process
(e.g., direct appropriations for Unemployment Insurance benefits payments). All amounts in this (e.g., direct appropriations for Unemployment Insurance benefits payments). All amounts in this
section are rounded section are rounded
(e.g., to the nearest millionto the nearest million
or billion (), as labeledas labeled
). The dollar changes and . The dollar changes and
percentage changes discussed in the text are based on unrounded amounts. For consistency with percentage changes discussed in the text are based on unrounded amounts. For consistency with
source materials, amounts do not reflect sequestration or reestimates of mandatory spending source materials, amounts do not reflect sequestration or reestimates of mandatory spending
programs, where applicable. programs, where applicable.
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2122 Labor, Health and Human Services, and Education: FY2022 Appropriations
About DOL
DOL is a federal department comprised of multiple entities that provide services related to
DOL is a federal department comprised of multiple entities that provide services related to
employment and training, worker protection, income security, and contract enforcement. Annual employment and training, worker protection, income security, and contract enforcement. Annual
LHHS appropriations laws direct funding to all DOL entities (see the text box).LHHS appropriations laws direct funding to all DOL entities (see the text box).
2729 The DOL The DOL
entities fall primarily into two main functional areas—workforce development and worker entities fall primarily into two main functional areas—workforce development and worker
protection. First, there are several DOL protection. First, there are several DOL
entities that administer workforce employment entities that administer workforce employment
DOL Entities Funded via the
and training programs—such as the Workforce
and training programs—such as the Workforce
LHHS Appropriations Process
Innovation and Opportunity Act (WIOA) state
Innovation and Opportunity Act (WIOA) state
Employment and Training Administration (ETA)
Employment and Training Administration (ETA)
formula grant programs, Job Corps, and the
formula grant programs, Job Corps, and the
Employee Benefits Security Administration (EBSA)
Employee Benefits Security Administration (EBSA)
Employment Service—that provide direct
Employment Service—that provide direct
Wage and Hour Division (WHD)
Wage and Hour Division (WHD)
funding for employment activities or
funding for employment activities or
Office of Federal Contract Compliance Programs
Office of Federal Contract Compliance Programs
administration of income security programs
administration of income security programs
(OFCCP)
(OFCCP)
(e.g., for the Unemployment Insurance
(e.g., for the Unemployment Insurance
Office of Labor-Management Standards (OLMS)
Office of Labor-Management Standards (OLMS)
benefits program). Also included in this area is
benefits program). Also included in this area is
Office of Workers’ Compensation Programs (OWCP)
Office of Workers’ Compensation Programs (OWCP)
the Veterans’ Employment and Training
the Veterans’ Employment and Training
Occupational Safety and Health Administration (OSHA)
Occupational Safety and Health Administration (OSHA)
Service (VETS), which provides employment
Service (VETS), which provides employment
Mine Safety and Health Administration (MSHA)
Mine Safety and Health Administration (MSHA)
services specifically for the veteran
services specifically for the veteran
population. Second, there are several agencies population. Second, there are several agencies
Bureau of Labor Statistics (BLS)
Bureau of Labor Statistics (BLS)
that provide various worker protection
that provide various worker protection
Office of Disability Employment Policy (ODEP)
Office of Disability Employment Policy (ODEP)
services. For example, the Occupational
services. For example, the Occupational
Departmental Management (DM)
Departmental Management (DM)
2628
Safety and Health Administration (OSHA),
Safety and Health Administration (OSHA),
the Mine Safety and Health Administration (MSHA), and the Wage and Hour Division (WHD) the Mine Safety and Health Administration (MSHA), and the Wage and Hour Division (WHD)
provide different types of regulation and oversight of working conditions. DOL entities focused provide different types of regulation and oversight of working conditions. DOL entities focused
on worker protection provide services to ensure worker safety, adherence to wage and overtime on worker protection provide services to ensure worker safety, adherence to wage and overtime
laws, and contract compliance, among other duties. In addition to these two main functional laws, and contract compliance, among other duties. In addition to these two main functional
areas, DOL’s Bureau of Labor Statistics (BLS) collects data and provides analysis on the labor areas, DOL’s Bureau of Labor Statistics (BLS) collects data and provides analysis on the labor
market and related labor issues. market and related labor issues.
FY2022 DOL Appropriations Overview
Table 3 generally displays FY2022 displays FY2022
discretionary and mandatory DOL budget authority proposed, enacted and proposed funding levels for DOL, along with FY2021 along with FY2021
enacted levels. levels.
Note that theThe totals in this table do not include emergency totals in this table do not include emergency
-designated supplemental appropriations. Those amounts are displayed separately, along with the law in which appropriations. Those amounts are displayed separately, along with the law in which
they were enacted, at the bottom of the table and are in addition to regular appropriations.they were enacted, at the bottom of the table and are in addition to regular appropriations.
The FY2022 House committee bill would increase discretionary appropriations for DOL by $2.2 billion (+17.4%), while the FY2022 President’s budget request would have (Although not technically supplemental appropriations, the bottom of the table also includes emergency-designated discretionary funding proposed or enacted in annual LHHS measures.)
Discretionary funds represent the majority of DOL appropriations, accounting for 90% or more of FY2021 and FY2022 enacted levels. The FY2022 LHHS omnibus increased increased
discretionary appropriations discretionary appropriations
by $1.8 billion (+14for DOL by $653 million (+5.2%) compared to the FY2021 .2%) compared to the FY2021
enacted levels. Of the total funding provided in the bill for DOL, roughly 92% is discretionary.LHHS omnibus. Relative to the FY2021 LHHS omnibus, discretionary DOL appropriations would have increased
2628 Departmental Management includes the DOL salaries and expenses, Veterans Employment and Training Service Departmental Management includes the DOL salaries and expenses, Veterans Employment and Training Service
(VETS), IT Modernization, and the Office of the Inspector General. (VETS), IT Modernization, and the Office of the Inspector General.
2729 The Pension Benefit Guaranty Corporation (PBGC) is funded primarily through insurance premiums and related fees The Pension Benefit Guaranty Corporation (PBGC) is funded primarily through insurance premiums and related fees
from companies covered by the PBGC. For further information, see CRS In Focus IF10492, from companies covered by the PBGC. For further information, see CRS In Focus IF10492,
An Overview of the
Pension Benefit Guaranty Corporation (PBGC). .
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2325 Labor, Health and Human Services, and Education: FY2022 Appropriations
by $2.2 billion (+17.4%) under the FY2022 House committee bill and $1.8 billion (14.3%) under the FY2022 President’s budget request.
Table 3. DOL Appropriations Overview
(
(
Inin billions of dollars) billions of dollars)
FY2022
House
Cmte.
FY2021
FY2022
(H.R.
FY2022
Funding
Enacted
Request
4502)
Enacted
Discretionary
Discretionary
12.5
12.5
14.3
14.3
14.7
14.7
13.2
Mandatory
Mandatory
1.4
1.4
1.2
1.2
1.2
1.2
1.2
Total BA in the Bill
13.9
15.65
16.0
14.4
Emergency Funding (not included in above totals)
totals)
P.L. 116-260, Division H
P.L. 116-260, Division H
0.9
0.9
—
—
—
—
—
—
Source: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns are columns are
generally drawn from or calculated based on data contained in the generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9,
2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with consistency with
source materials, amounts in this source materials, amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
Selected DOL Highlights
The following sections present highlights from The following sections present highlights from
the FY2022 House committee bill and the President’s FY2022 budget request FY2022 enacted and proposed appropriations compared to FY2021 enacted appropriations for selected compared to FY2021 enacted appropriations for selected
DOL accounts and programs.DOL accounts and programs.
28
30 Table 4 displays funding for DOL programs and activities discussed in this section. displays funding for DOL programs and activities discussed in this section.
Employment and Training Administration (ETA)
Title I of WIOA, which authorizes more than half of all funding for the programs authorized by the four titles of WIOA, includes three state formula grant programs serving Adults, Youth, and Dislocated Workers. For the three WIOA state formula grant programs, the FY2022 House committee bill would provide a $250 million increase (+8.8%) compared to FY2021 enacted levels and a $76 million increase (+2.5%) compared to the level requested in the FY2022 President’s budget.
The FY2022 committee bill would provide $436 million for the Dislocated Workers Activities National Reserve (DWA National Reserve), which would be an increase of $155 million (+55.2
ETA administers the primary federal workforce development statute, the Workforce Innovation and Opportunity Act (WIOA, P.L. 113-128). The WIOA, which replaced the Workforce Investment Act, was enacted in July 2014 and authorized appropriations for its programs and activities from FY2015 through FY2020. Authorization of appropriations for WIOA programs and activities expired at the end of FY2020 but was extended through FY2021 by the FY2021 LHHS omnibus (P.L. 116-260, Division H, Title I) and through FY2022 by the FY2022 LHHS omnibus (P.L. 117-103, Division H, Title I).
Title I of WIOA, which authorizes more than half of all funding for the programs authorized by the four titles of WIOA, includes three state formula grant programs serving Adults, Youth, and 30 DOL budget materials can be found at https://www.dol.gov/general/aboutdol#budget.
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Dislocated Workers. While the FY2022 LHHS omnibus provided a $34 million increase (+1.2%) for the three WIOA state formula grant programs compared to FY2021, the FY2022 President’s budget would have provided $174 million more (+6.1%) and the House committee bill would have increased funding by $250 million (+8.8%), compared to FY2021 enacted levels.
The FY2022 LHHS omnibus provided $301 million for the Dislocated Workers Activities National Reserve (DWA National Reserve), an increase of $20 million (+7.1%) compared to the FY2021 enacted level%) compared to the FY2021 enacted level
of $281 million and an increase of $55. The House committee bill would have increased funding for the DWA National Reserve by $155 million million
(+14.4%) compared to(+55.2%), whereas the FY2022 President’s budget would have increased funding for the DWA National Reserve by $100 million (+35.6%), compared to the FY2021 LHHS omnibus. In addition, the FY2022 LHHS omnibus maintained a provision in that account ( the FY2022 President’s budget request of $381 million. In addition, the
28 DOL budget materials can be found at https://www.dol.gov/general/aboutdol#budget.
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FY2022 House committee bill would maintain a provision in that account, which originated in the FY2020 LHHS omnibus, directing funds ($100 million)which originated in the FY2018 omnibus) directing $45 million from the DWA National from the DWA National
Reserve toward training and employment assistance for workers dislocated in both the Appalachian, lower Mississippi, and Northern Border Regional Commission regions. Finally, the FY2022 LHHS omnibus maintained a provision that originated in the FY2020 omnibus directing $50 million from the DWA National Reserve to be used in developing, offering, or improving career training programs at community colleges.
The FY2022 LHHS omnibus provided $235Reserve to be used in developing, offering, or improving career training programs at community colleges. The FY2022 House committee bill and the FY2022 President’s budget request would direct $100 million from the DWA National Reserve for training and employment assistance to workers in communities experiencing dislocations in the fossil fuel extraction and energy production industries.
The FY2022 House committee bill would provide $285 million for the Apprenticeship Grant million for the Apprenticeship Grant
program, which program, which
would be $100was $50 million (+ million (+
54.127.0%) more than the level enacted in FY2021%) more than the level enacted in FY2021
and the same amount requested in the FY2022 President’s budget. The House committee bill and the FY2022 President’s budget would have increased the level of funding for the Apprenticeship Grant program by $100 million (+54.1%) compared to the FY2021 enacted level. .
Finally, under the pilot and demonstration authority in WIOA (Section 169), the FY2022 House
Finally, under the pilot and demonstration authority in WIOA (Section 169), the FY2022 House
committee bill and the FY2022 President’s budget would committee bill and the FY2022 President’s budget would
providehave provided new funding for a National new funding for a National
Youth Employment Program ($50 million) and a Veterans Clean Energy Training program ($20 Youth Employment Program ($50 million) and a Veterans Clean Energy Training program ($20
million). In addition, the FY2022 House committee bill would provide $64 million in funding for community projects for dislocated workers.
Employment Service
million). These did not ultimately receive funding in the FY2022 LHHS omnibus.
Employment Service
The FY2022 LHHS omnibus provided $700 million for the Employment Service (ES), which was an increase of $8 million (+1.1%) compared to the FY2021 LHHS omnibus. The FY2022 House committee bill would The FY2022 House committee bill would
providehave provided $771 million for the $771 million for the
Employment Service, ES, which would which would
behave been an increase of $79 million (+11.4%) compared to the FY2021 an increase of $79 million (+11.4%) compared to the FY2021
enacted levelLHHS omnibus and and
$50 million (+6.9%) more than requested in the FY2022 President’s budget. The $50 million (+6.9%) more than requested in the FY2022 President’s budget. The
Employment ServiceES is a joint federal-state partnership that funds staff to provide career counseling, job search is a joint federal-state partnership that funds staff to provide career counseling, job search
services, and administration of the work test for the UI system. The FY2022 House committee services, and administration of the work test for the UI system. The FY2022 House committee
bill would alsobill included a provision to prohibit DOL from using any funds provided in the FY2022 LHHS appropriations prohibit DOL from using any funds provided in the FY2022 LHHS appropriations
bill from being used bill to implement or enforce a 2020 final rule allowing the use of non-merit-staff to implement or enforce a 2020 final rule allowing the use of non-merit-staff
employees to deliver Employment Service employees to deliver Employment Service
services.31 This provision was not included in the FY2022 LHHS omnibus.
Wage and Hour Division (WHD)
The FY2022 LHHS omnibus provided $251 million for the WHD, an increase of $5 million (+2.0%) compared to the FY2021 LHHS omnibus. services.29
Wage and Hour Division (WHD)
The FY2022 House committee bill would The FY2022 House committee bill would
providehave provided $300 million for WHD, an increase of $54 $300 million for WHD, an increase of $54
million (+22.0%) compared to the FY2021 enacted level and $24 million (+8.5%) more than the million (+22.0%) compared to the FY2021 enacted level and $24 million (+8.5%) more than the
FY2022 President’s budget. The WHD is responsible for enforcing the Fair Labor Standards Act FY2022 President’s budget. The WHD is responsible for enforcing the Fair Labor Standards Act
(FLSA), the Davis-Bacon Act (DBA), the Family and Medical Leave Act (FMLA), and other (FLSA), the Davis-Bacon Act (DBA), the Family and Medical Leave Act (FMLA), and other
labor standards statutes. As noted in the accompanying report, the additional $54 million in the FY2022 appropriations for WHD is to support additional investigators to implement strategic enforcement and, as required by the bill, to establish a national hotline to support domestic workers reporting wage and hour violations.30
Bureau of International Labor Affairs (ILAB)
The FY2022 House committee bill would provide $136 million for ILAB, an increase of $40 million (+41.5%) compared to the FY2021 enacted level and $12 million (+9.9%) more than the FY2022 President’s budget request.labor standards statutes. The FY2022 explanatory statement accompanying the FY2022 LHHS omnibus included a
31 See Section 114 and H.Rept. 117-96, p. 24, for further information.
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requirement for the WHD to collect and report annually data on employer participation in the 14(c) program, which allows employers to pay workers with disabilities less than the prevailing federal minimum wage.32
Bureau of Labor Statistics (BLS)
The FY2022 LHHS omnibus provided $688 million for BLS, an increase of $33 million (+5.0%) compared to the FY2021 LHHS omnibus, whereas the FY2022 House committee bill and the FY2022 President’s budget each proposed a $46 million increase (+7.0%) relative to FY2021. As noted in the explanatory statement accompanying the FY2022 LHHS omnibus, $28.5 million of the FY2022 appropriation is for costs associated with completing the physical relocation of BLS headquarters to the Suitland Federal Complex, which was initiated in FY2020.33 Similarly, the FY2022 House committee report indicated continued support for BLS to continue implementation of several data projects started in FY2020, including a BLS plan to increase spending on the new National Longitudinal Survey of Youth (NLSY) cohort to $14.5 million and for BLS to develop plans to increase the Job Openings and Labor Turnover Survey (JOLTS) sample and to release JOLTS on a monthly basis, rather than its current quarterly release.34
Bureau of International Labor Affairs (ILAB)
The ILAB provides research, advocacy, technical assistance, and ILAB provides research, advocacy, technical assistance, and
grants to promote workers’ grants to promote workers’
rights in different parts of the world. The FY2022 LHHS omnibus provided $106 million for ILAB, which was an increase of $10 million (+10.4%) above the FY2021 enacted level. The FY2022 House committee bill would have increased funding for ILAB by $40 million (+41.5%) compared to the FY2021 LHHS omnibus, while the FY2022 President’s budget would have increased funding by $28 million (+28.7%) for ILAB.
Language in the FY2022 explanatory statement accompanying the FY2022 LHHS omnibus requests ILAB to include the amounts spent on technical assistance grants to combat exploitative child labor and worker rights issues in future Congressional Budget Justifications.35
In addition, language in the FY2022 House rights in different parts of the world. Language in the FY2022 House
29 See Section 114 and H.Rept. 117-96, p. 24, for further information. 30 H.Rept. 117-96, pp. 29-30.
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committee report directs ILAB to place additional labor attachés in strategic countries to assist committee report directs ILAB to place additional labor attachés in strategic countries to assist
with promoting worker rights, such as freedom of association and collective bargaining.with promoting worker rights, such as freedom of association and collective bargaining.
3136
Labor-Related General Provisions
Annual LHHS appropriations acts regularly contain general provisions related to certain labor
Annual LHHS appropriations acts regularly contain general provisions related to certain labor
issues. This section highlights selected DOL general provisions in the FY2022 issues. This section highlights selected DOL general provisions in the FY2022
House committee bill.
The FY2022 House committee bill would add new provisions and continueLHHS omnibus.
The FY2022 LHHS omnibus continued several provisions several provisions
that have been included in at least one previous LHHS appropriations act, including provisions that have been included in at least one previous LHHS appropriations act, including provisions
that would
authorizethat
32 Congressional Record, March 9, 2022, Vol. 168, No. 42, Book IV, p. H2668. 33 Congressional Record, March 9, 2022, Vol. 168, No. 42, Book IV, p. H2668. 34 See H.Rept. 117-96, p. 36, for further information. 35 Congressional Record, March 9, 2022, Vol. 168, No. 42, Book IV, p. H2668. 36 H.Rept. 117-96, p. 38.
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exempted certain insurance claims adjusters from overtime protection for two
years following a “major disaster” (included since FY2016);37
directed the Secretary of Labor to accept private wage surveys as part of the
process of determining prevailing wages in the H-2B program, even in instances in which relevant wage data are available from the Bureau of Labor Statistics (included since FY2016);38
authorized the Secretary of Labor to provide up to $2 million in “excess personal
property” to apprenticeship programs to assist training apprentices (included since FY2018);39
authorized the Secretary of Labor to employ law enforcement officers or special the Secretary of Labor to employ law enforcement officers or special
agents to provide protection to the Secretary of Labor and certain other
agents to provide protection to the Secretary of Labor and certain other
employees and family members at public events and in situations in which there employees and family members at public events and in situations in which there
is a “unique and articulable” threat of physical harm (included since FY2018);is a “unique and articulable” threat of physical harm (included since FY2018);
3240
authorizeauthorized the Secretary of Labor to dispose of or divest “by any means the the Secretary of Labor to dispose of or divest “by any means the
Secretary determines appropriate” all or part of the real property on which the
Secretary determines appropriate” all or part of the real property on which the
Treasure Island Job Corps Center is located (included since FY2018);Treasure Island Job Corps Center is located (included since FY2018);
33
prohibit any funds from the bill41 and
prohibited annual appropriations from being used to alter the Interagency from being used to alter the Interagency
Agreement between DOL and
Agreement between DOL and
the Department of AgricultureUSDA or to close any or to close any
Civilian Conservation Centers unless certain conditions are met (included since Civilian Conservation Centers unless certain conditions are met (included since
FY2020);34
prohibit any funds from the FY2022 House committee bill from being used to
implement or enforce the final rule on “Wagner-Peyser Act Staffing Flexibility” (new in 2022);35 and
prohibit any funds from the FY2022 House committee bill from being used to
implement or enforce Industry Recognized Apprentice Programs (new in 2022).36FY2020).42
Table 4. Detailed DOL Appropriations
(
(
Inin millions of dollars) millions of dollars)
FY2022
House
Cmte.
FY2021
FY2022
(H.RCmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
ETA—Mandatorya
634
551540
551
540
ETA—Discretionary
9,392
10,704708
11,075
9,942
Discretionary ETA Programs:
Discretionary ETA Programs:
Training and Employment Services:
Training and Employment Services:
3,663
3,663
4,211
4,211
4,407
4,407
31 H.Rept. 117-96, p. 38. 32 See Division A, Title I, §109 of H.R. 4502. 33 See Division A, Title I, §110 of H.R. 4502. 34 See Division A, Title I, §111 of H.R. 4502. 35 See Division A, Title I, §114 of H.R. 4502. 36 See Division A, Title I, §115 of H.R. 4502.
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FY2022
House
Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency or Selected Program
Enacted
Request
4502)
Enacted
State Formula Grants:
2,845
3,019
3,095
Adult Activities Grants to States
863
900
923
Youth Activities Grants to States
921
964
989
Dislocated Worker Activities (DWA)
1,062
1,155
1,184
Grants to States
National Activities:
818
1,192
1,312
DWA National Reserve
281
381
436
Native Americans
56
58
58
Migrant and Seasonal Farmworkers
94
97
97
YouthBuild
97
145
145
Reintegration of Ex-Offenders
100
150
150
Workforce Data Quality Initiative
6
6
7
Apprenticeship Grants
185
285
285
Community Projects
0
0
64
3,912
State Formula Grants:
2,845
3,019
3,095
2,879
Adult Activities Grants to States
863
900
923
871
Youth Activities Grants to States
921
964
989
933
Dislocated Worker Activities
1,062
1,155
1,184
1,076
(DWA) Grants to States
37 See Division H, Title I, §108 of P.L. 117-103. 38 See Division H, Title I, §110 of P.L. 117-103. The H-2B program allows for the temporary employment of foreign workers in nonagricultural sectors and requires these workers to be paid the “prevailing wage” (i.e., the average wage paid to similar workers in the local area). Under DOL regulations, private employer surveys may be considered only if the employer meets certain conditions.
39 See Division H, Title I, §112 of P.L. 117-103. 40 See Division H, Title I, §113 of P.L. 117-103. 41 See Division H, Title I, §114 of P.L. 117-103. 42 See Division H, Title I, §115 of P.L. 117-103.
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
National Activities:
818
1,192
1,312
1,033
DWA National Reserve
281
381
436
301
Native Americans
56
58
58
57
Migrant and Seasonal Farmworkers
94
97
97
95
YouthBuild
97
145
145
99
Reintegration of Ex-Offenders
100
150
150
102
Workforce Data Quality Initiative
6
6
7
6
Apprenticeship Grants
185
285
285
235
Community Projects
0
0
64
138
National Youth Employment Program
National Youth Employment Program
0
0
50
50
50
50
0
Veterans Clean Energy Training
Veterans Clean Energy Training
0
0
20
20
20
20
0
Job Corps
Job Corps
1,749
1,749
1,755
1,755
1,830
1,830
1,749
Community Service Employment for Older
Community Service Employment for Older
Americans
405
405
405
405
450
450
405
Americans
State Unemployment Insurance and
State Unemployment Insurance and
Employment
3,417
3,417
4,
4,
122126
4,176
4,176
3,711
Employment Service Operations (SUI/ESO):Service Operations (SUI/ESO):
Unemployment Compensation
Unemployment Compensation
2,584
2,584
3,243
3,243
3,243
3,243
2,869
Employment Service
Employment Service
692
692
721
721
771
771
700
Foreign Labor Certification
Foreign Labor Certification
78
78
9094
94
94
80
One-Stop Career Centers
One-Stop Career Centers
63
63
68
68
68
68
63
ETA Program Administration
ETA Program Administration
159
159
212
212
212
212
164
Employee Benefits Security Administration
181
218
218
186
Administration
Pension Benefit Guaranty Corp, (PBGC) program
(465)
(473)
(473)
(473)
level (non-addadd)b
Wage and Hour Division
246
277
300
251
Office of Labor-Management Standards
44
52
44
46
Office of Federal Contract Compliance
106
141
141
108
Programs
Office of Workers’ Compensation Programs—
739
683
683
683
Programs—Mandatoryc
Office of Workers’ Compensation
118
141
141
120
Programs—Discretionary
Occupational Safety & Health
592
665
692
612
Administration
Mine Safety & Health Administration
380
447
405
384
Bureau of Labor Statistics
655
701
701
688
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
Office of Disability Employment Policy
39
43
43
41
Departmental Management
784
933
961
812
Salaries and Expenses
349
440
457
368
International Labor Affairs (non-addd)
96
124
136
106
Veterans Employment and Training
316
325
335
325
IT Modernization
27
37
37
28
Working Capital Fund
0
36
36
0
Office of the Inspector General
91
95
95
91
Total, DOL BA in the Bill
13,909
15,548
15,954
14,412
Subtotal, Mandatory
1,373
1,223
1,234
1,223
Subtotal, Discretionary
12,536
14,325
14,720
13,189
Emergency Funding (not Mandatoryc
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FY2022
House
Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency or Selected Program
Enacted
Request
4502)
Enacted
Office of Workers’ Compensation Programs—
118
141
141
Discretionary
Occupational Safety & Health Administration
592
665
692
Mine Safety & Health Administration
380
447
405
Bureau of Labor Statistics
655
701
701
Office of Disability Employment Policy
39
43
43
Departmental Management
784
933
961
Salaries and Expenses
349
440
457
International Labor Affairs (non-addd)
96
124
136
Veterans Employment and Training
316
325
335
IT Modernization
27
37
37
Working Capital Fund
0
36
36
Office of the Inspector General
91
95
95
Total, DOL BA in the Bill
13,909
15,554
15,954
Subtotal, Mandatory
1,373
1,234
1,234
Subtotal, Discretionary
12,536
14,320
14,720
Emergency Funding (not included in above totals)
P.L. 116-260, Division H in above totals)
P.L. 116-260, Division H
925
925
—
—
—
—
—
—
Memoranda (non-emergency funds only)
Total, BA Available in Fiscal Year (current year
Total, BA Available in Fiscal Year (current year
from
13,909
13,909
15,
15,
557551
15,957
15,957
14,415
from any bil ) any bil )
Total, BA Advances for Future Years (provided
Total, BA Advances for Future Years (provided
in
1,786
1,786
1,783
1,783
1,783
1,783
1,783
in current bil )current bil )
Total, BA Advances from Prior Years (for use
Total, BA Advances from Prior Years (for use
in
1,786
1,786
1,786
1,786
1,786
1,786
current year)e
1,786
in current year)
Source: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns are columns are
generally drawn from or calculated based on data contained in the generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with consistency with
source materials, amounts in this source materials, amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
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Labor, Health and Human Services, and Education: FY2022 Appropriations
a. Mandatory funding within ETA goes to Federal Unemployment Benefits and Allowances (FUBA) and a. Mandatory funding within ETA goes to Federal Unemployment Benefits and Allowances (FUBA) and
Advances to the Unemployment Trust Fund (UTF), if any. FUBA funds Trade Adjustment Assistance for
Advances to the Unemployment Trust Fund (UTF), if any. FUBA funds Trade Adjustment Assistance for
Workers (TAA). Workers (TAA).
b. PBGC funding is provided outside the LHHS Appropriations Act.
b. PBGC funding is provided outside the LHHS Appropriations Act.
c. Mandatory programs in the Office of Workers’ Compensation Programs include Special Benefits
c. Mandatory programs in the Office of Workers’ Compensation Programs include Special Benefits
(comprising the Federal Employees’ Compensation Benefits and the Longshore and Harbor Workers’
(comprising the Federal Employees’ Compensation Benefits and the Longshore and Harbor Workers’
Benefits), Special Benefits for Disabled Coal Miners, Energy Employees Occupational Il ness Compensation Benefits), Special Benefits for Disabled Coal Miners, Energy Employees Occupational Il ness Compensation
(Administrative Expenses), and the Black Lung Disability Trust Fund. (Administrative Expenses), and the Black Lung Disability Trust Fund.
d. The funding for International Labor Affairs is included in the Salaries and Expenses total.
d. The funding for International Labor Affairs is included in the Salaries and Expenses total.
e. FY2022 advance appropriations enacted in prior fiscal years are listed in the FY2022 Request and FY2022
House Cmte. columns.
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Labor, Health and Human Services, and Education: FY2022 Appropriations
Department of Health and Human Services (HHS)
Note that all amounts in this section are based on regular LHHS appropriations only; they do not Note that all amounts in this section are based on regular LHHS appropriations only; they do not
include funds for HHS agencies provided through other appropriations bills (e.g., funding for the include funds for HHS agencies provided through other appropriations bills (e.g., funding for the
Food and Drug Administration) or outside of the annual appropriations process (e.g., direct Food and Drug Administration) or outside of the annual appropriations process (e.g., direct
appropriations for Medicare or mandatory funds provided by authorizing laws, such as the appropriations for Medicare or mandatory funds provided by authorizing laws, such as the
American Rescue Plan Act of 2021 [P.L. 117-2]). All amounts in this section are rounded American Rescue Plan Act of 2021 [P.L. 117-2]). All amounts in this section are rounded
(e.g., to the to the
nearest millionnearest million
or billion (), as labeledas labeled
). The dollar changes and percentage changes discussed in the . The dollar changes and percentage changes discussed in the
text are based on unrounded amounts. For consistency with source materials, amounts do not text are based on unrounded amounts. For consistency with source materials, amounts do not
reflect sequestration or re-estimates of mandatory spending programs, where applicable. reflect sequestration or re-estimates of mandatory spending programs, where applicable.
About HHS
HHS Agencies Funded via the
HHS is a large federal department composed
HHS is a large federal department composed
LHHS Appropriations Process
of multiple agencies working to enhance the
of multiple agencies working to enhance the
Health Resources and Services Administration (HRSA)
Health Resources and Services Administration (HRSA)
health and well-being of Americans. Annual
health and well-being of Americans. Annual
Centers for Disease Control and Prevention (CDC)
Centers for Disease Control and Prevention (CDC)
LHHS appropriations laws direct funding to
LHHS appropriations laws direct funding to
National Institutes of Health (NIH)
National Institutes of Health (NIH)
most (but not all) HHS agencies (see text box
most (but not all) HHS agencies (see text box
Substance Abuse and Mental Health Services
Substance Abuse and Mental Health Services
for HHS agencies supported by the LHHS
for HHS agencies supported by the LHHS
Administration (SAMHSA)
Administration (SAMHSA)
bill).
bill).
3743 For instance, the LHHS bill directs For instance, the LHHS bill directs
Agency for Healthcare Research and Quality (AHRQ)
Agency for Healthcare Research and Quality (AHRQ)
funding to five Public Health Service (PHS)
funding to five Public Health Service (PHS)
Centers for Medicare & Medicaid Services (CMS)
Centers for Medicare & Medicaid Services (CMS)
agencies: the Health Resources and Services
agencies: the Health Resources and Services
Administration for Children and Families (ACF)
Administration for Children and Families (ACF)
Administration (HRSA), Centers for Disease
Administration (HRSA), Centers for Disease
Administration for Community Living (ACL)
Administration for Community Living (ACL)
Control and Prevention (CDC), National
Control and Prevention (CDC), National
Office of the Secretary (OS)
Institutes of Health (NIH), Substance Abuse Institutes of Health (NIH), Substance Abuse
Office of the Secretary (OS)
and Mental Health Services Administration and Mental Health Services Administration
(SAMHSA), and Agency for Healthcare Research and Quality (AHRQ).(SAMHSA), and Agency for Healthcare Research and Quality (AHRQ).
3844 These public health These public health
agencies support diverse missions, ranging from the provision of health care services and agencies support diverse missions, ranging from the provision of health care services and
supports (e.g., HRSA, SAMHSA), to the advancement of health care quality and medical research supports (e.g., HRSA, SAMHSA), to the advancement of health care quality and medical research
37(e.g., AHRQ, NIH), to the prevention and control of infectious and chronic diseases (e.g., CDC). In addition, the LHHS bill provides funding for annually appropriated components of CMS,45 which is the HHS agency responsible for the administration of Medicare, Medicaid, the State Children’s Health Insurance Program (CHIP), and consumer protections and private health insurance provisions of the Affordable Care Act (ACA; P.L. 111-148).
The LHHS bill also provides funding for two HHS agencies focused primarily on the provision of social services: the Administration for Children and Families (ACF) and the Administration for Community Living (ACL). ACF’s mission is to promote the economic and social well-being of vulnerable children, youth, families, and communities. ACL was formed with a goal of increasing 43 Three HHS public health agencies receive annual funding from appropriations bills other than the LHHS bill: the Three HHS public health agencies receive annual funding from appropriations bills other than the LHHS bill: the
Food and Drug Administration (funded through the Agriculture appropriations bill), the Indian Health Service (funded Food and Drug Administration (funded through the Agriculture appropriations bill), the Indian Health Service (funded
through the Interior-Environment appropriations bill), and the Agency for Toxic Substances and Disease Registry through the Interior-Environment appropriations bill), and the Agency for Toxic Substances and Disease Registry
(funded through the Interior-Environment appropriations bill). In addition, while the National Institutes of Health (funded through the Interior-Environment appropriations bill). In addition, while the National Institutes of Health
(NIH) receive the majority of their appropriations from the LHHS bill, one NIH institute (the National Institute of (NIH) receive the majority of their appropriations from the LHHS bill, one NIH institute (the National Institute of
Environmental Health Sciences) receives appropriations from two bills: LHHS and the Interior-Environment bill. Environmental Health Sciences) receives appropriations from two bills: LHHS and the Interior-Environment bill.
3844 For more information on HHS PHS agencies, see CRS Report R44916, For more information on HHS PHS agencies, see CRS Report R44916,
Public Health Service Agencies: Overview
and Funding (FY2016-FY2018). .
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(e.g., AHRQ, NIH), to the prevention and control of infectious and chronic diseases (e.g., CDC). In addition, the LHHS bill provides funding for annually appropriated components of CMS,39 which is the HHS agency responsible for the administration of Medicare, Medicaid, the State Children’s Health Insurance Program (CHIP), and consumer protections and private health insurance provisions of the Affordable Care Act (ACA; P.L. 111-148).
The LHHS bill also provides funding for two HHS agencies focused primarily on the provision of social services: the Administration for Children and Families (ACF) and the Administration for Community Living (ACL). ACF’s mission is to promote the economic and social well-being of vulnerable children, youth, families, and communities. ACL was formed with a goal of increasing 45 Much of the funding for CMS activities is provided through mandatory appropriations in authorizing legislation, and thus is not subject to the annual appropriations process.
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access to community supports for older Americans and people with disabilities. The LHHS bill access to community supports for older Americans and people with disabilities. The LHHS bill
also provides funding for the HHS Office of the Secretary (OS), which encompasses a broad also provides funding for the HHS Office of the Secretary (OS), which encompasses a broad
array of management, research, oversight, and emergency preparedness functions in support of array of management, research, oversight, and emergency preparedness functions in support of
the entire department. the entire department.
FY2022 HHS Appropriations Overview
Table 5 displays enacted and proposed FY2022 funding levels for HHS, along with FY2021 displays enacted and proposed FY2022 funding levels for HHS, along with FY2021
levels. Note that the totals in this table do not include emergency-designated appropriations. levels. Note that the totals in this table do not include emergency-designated appropriations.
Those amounts are displayed separately, along with the law in which they were enacted, at the Those amounts are displayed separately, along with the law in which they were enacted, at the
bottom of the table and are in addition to regular appropriations.bottom of the table and are in addition to regular appropriations.
For a discussion of the COVID-19 related FY2021 supplemental appropriations in Division M of P.L. 116-260, see CRS Report R46775, Overview of COVID-19 LHHS Supplemental Appropriations: FY2020 and FY2021. 46
In general, discretionary funds account for about 10% of HHS appropriations in the LHHS bill.
In general, discretionary funds account for about 10% of HHS appropriations in the LHHS bill.
Compared to the FY2021 funding levels, the FY2022 Compared to the FY2021 funding levels, the FY2022
House committee bill would increaseLHHS omnibus increased HHS HHS
discretionary appropriations by discretionary appropriations by
23.6%. The FY202212.0%. Both the House committee bill and the President’s request President’s request
proposed increasingwould have increased HHS HHS
discretionary appropriations to a discretionary appropriations to a
similargreater degree, by 23. degree, by 23.
7%6% and 23.7%, respectively. .
Table 5. HHS Appropriations Overview
(
(
Inin billions of dollars) billions of dollars)
FY2022
House Cmte.
FY2021
FY2022
House Cmte(H.R.
FY2022
Funding
Enacted
Request
(H.R. 4502)
Enacted
Discretionary
Discretionary
97.0
97.0
120.0
120.0
119.8
119.8
108.6
Mandatory
Mandatory
919.6
919.6
1,039.6
1,039.6
1,039.6
1,039.6
1,039.6
Total BA in the Bill
1,016.6
1,159.6
1,159.4
1,148.2
Emergency Funding (not included in above totals)
P.L. 116-260, Division H
P.L. 116-260, Division H
0.6
0.6
—
—
—
—
—
—
P.L. 116-260, Division M
P.L. 116-260, Division M
72.9
72.9
—
—
—
—
—
—
P.L. 117-31
P.L. 117-31
, Title IIa
0.0
0.0a
—
—
—
—
—
—
P.L. 117-43, Divisions A and C
P.L. 117-43, Divisions A and C
—
—
—
—
—
—
4.2
4.2
P.L. 117-58, Division J
P.L. 117-58, Division J
—
—
—
—
—
—
0.
0.
15
P.L. 117-70, Division B
—
—
—
1.3
P.L. 117-128, Title IV
—
—
—
1.0
P.L. 117-159, Division B
—
—
—
1.0
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Enacted columns are generally drawn from or calculated based on data contained in the explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column
P.L. 117-70, Division B
—
—
—
1.3
39 Much of the funding for CMS activities is provided through mandatory appropriations in authorizing legislation, and thus is not subject to the annual appropriations process.
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Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 House Cmte. columns are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96)
accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For accompanying H.R. 4502. Enacted
totals (“Total BA in the Bil ”) for FY2021 and FY2022 do not include emergency-designated appropriations. For
46 For a discussion of the COVID-19-related FY2021 supplemental appropriations in Division M of P.L. 116-260, see CRS Report R46775, Overview of COVID-19 LHHS Supplemental Appropriations: FY2020 and FY2021.
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consistency with consistency with
source materials, amounts in this source materials, amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. CRS applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. CRS
calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L.
114-255), as amended. 114-255), as amended.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
a. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance a. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
(the unit of measure used in this table).(the unit of measure used in this table).
Figure 3 provides an HHS agency-level breakdown of FY2022 provides an HHS agency-level breakdown of FY2022
appropriations proposed by the House Appropriations Committeeenacted appropriations. As this figure demonstrates, annual HHS appropriations are . As this figure demonstrates, annual HHS appropriations are
dominated by mandatory funding, the majority of which goes to CMS to provide Medicaid dominated by mandatory funding, the majority of which goes to CMS to provide Medicaid
benefits and payments to health care trust funds. When taking into account both mandatory and benefits and payments to health care trust funds. When taking into account both mandatory and
discretionary funding, CMS accounts for discretionary funding, CMS accounts for
$1,027.1 billion$1.027 trillion in the House committee bill, which is 88.6% of all proposed, which is 89.5% of all enacted appropriations for HHS. appropriations for HHS.
NIHACF and and
ACFNIH account for the next-largest shares account for the next-largest shares
of total HHS appropriations, receivingof total HHS appropriations, receiving
about 4.2 4.0% and % and
4.13.8% apiece, respectively. % apiece, respectively.
By contrast, when looking exclusively at discretionary appropriations, funding for CMS
By contrast, when looking exclusively at discretionary appropriations, funding for CMS
constitutes about 4.constitutes about 4.
35% of FY2022 % of FY2022
enacted HHS appropriationsHHS appropriations
proposed by the House committee. . Instead, the bulk of discretionary appropriations Instead, the bulk of discretionary appropriations
would gowent to the PHS agencies, which to the PHS agencies, which
would account for a combined 63combined to account for 61.2% of discretionary appropriations .2% of discretionary appropriations
proposedprovided for HHS. for HHS.
40 NIH typically NIH typically
receives the largest share of all discretionary funding among HHS agencies (40.2% in receives the largest share of all discretionary funding among HHS agencies (40.2% in
the FY2022 House committee proposalFY2022), with ACF accounting for the second-largest ), with ACF accounting for the second-largest
share (27.5% in FY2022)share (26.1%).
40 For further information about PHS agency funding, see CRS Report R44916, Public Health Service Agencies:
Overview and Funding (FY2016-FY2018). .
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Figure 3. FY2022 House Committee-ReportedEnacted HHS Appropriations by Agency
(
(
Budgetbudget authority in billions of dollars) authority in billions of dollars)
Source: Amounts in this figure are generally drawn from or calculated based on data contained in the Amounts in this figure are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House Committee bil (H.R. 4502, as reported). FY2022 House committee totals (“Total BA in the Bil ”) do not include emergency-designated LHHS explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Enacted totals (“Total BA in the Bil ”) for FY2022 do not include emergency-designated appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory appropriations. For consistency with source materials, amounts in this figure generally do not reflect mandatory
spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant
to executive authorities. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the to executive authorities. CRS calculations do, however, include LHHS funding provided to HHS pursuant to the
21st Century Cures Act (P.L. 114-255), as amended. 21st Century Cures Act (P.L. 114-255), as amended.
Notes: Details may not add to totals due to rounding. The bar representing the combined mandatory and Details may not add to totals due to rounding. The bar representing the combined mandatory and
discretionary total for CMS has been abbreviated due to space constraints. When taking into account both discretionary total for CMS has been abbreviated due to space constraints. When taking into account both
mandatory and discretionary funding, CMS receives over 20 times the funding appropriated to either ACF or mandatory and discretionary funding, CMS receives over 20 times the funding appropriated to either ACF or
NIH in the FY2022 NIH in the FY2022
House Committee bil LHHS omnibus. Amounts in this table (1) reflect all BA appropriated in the bil , . Amounts in this table (1) reflect all BA appropriated in the bil ,
regardless of the year in which funds become available (i.e., totals do not include advances from prior-year regardless of the year in which funds become available (i.e., totals do not include advances from prior-year
appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not been appropriations, but do include advances for subsequent years provided in this bil ); (2) have generally not been
adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) for agencies and adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) for agencies and
accounts subject to the accounts subject to the
jurisdiction of the LHHS subcommittees of the House and Senate appropriations jurisdiction of the LHHS subcommittees of the House and Senate appropriations
committees; and (4) do not include appropriations that occur outside of appropriations bil s. committees; and (4) do not include appropriations that occur outside of appropriations bil s.
Special Public Health Funding Mechanisms
Annual appropriations for HHS public health service agencies are best understood in the context Annual appropriations for HHS public health service agencies are best understood in the context
of certain HHS-specific funding mechanisms: the Public Health Service Evaluation Set-Aside, of certain HHS-specific funding mechanisms: the Public Health Service Evaluation Set-Aside,
and the Prevention and Public Health Fund (PPHF). In recent years, LHHS appropriations and the Prevention and Public Health Fund (PPHF). In recent years, LHHS appropriations
laws have used these funding mechanisms to direct additional support to certain programs and have used these funding mechanisms to direct additional support to certain programs and
activities. activities.
Public Health Service Evaluation Tap
The PHS Evaluation Set-Aside, also known as the PHS Evaluation Tap, is a unique feature of
The PHS Evaluation Set-Aside, also known as the PHS Evaluation Tap, is a unique feature of
HHS appropriations. It is authorized by Section 241 of the Public Health Service Act (PHSA), HHS appropriations. It is authorized by Section 241 of the Public Health Service Act (PHSA),
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and allows the Secretary of HHS, with the approval of appropriators, to redistribute a portion of
and allows the Secretary of HHS, with the approval of appropriators, to redistribute a portion of
eligible PHS agency appropriations across HHS for program evaluation purposes. eligible PHS agency appropriations across HHS for program evaluation purposes.
The PHSA limits the set-aside to not less than 0.2% and not more than 1
The PHSA limits the set-aside to not less than 0.2% and not more than 1
.0% of eligible program % of eligible program
appropriations. However, LHHS appropriations acts have commonly established a higher appropriations. However, LHHS appropriations acts have commonly established a higher
maximum percentage for the set-aside and have distributed specific amounts of “tap” funding to maximum percentage for the set-aside and have distributed specific amounts of “tap” funding to
selected HHS programs. selected HHS programs.
In regular LHHS appropriations enacted betweenSince FY2010 FY2010
, and and
FY2021, including in FY2022, this higher maximum set-aside level this higher maximum set-aside level
washas been 2.5% of eligible appropriations. 2.5% of eligible appropriations.
41 47 (Both the House Both the House
committee bill and the President’s budget would committee bill and the President’s budget would
continuehave continued this 2.5% level. this 2.5% level.
)
Before FY2015, the PHS tap traditionally
Before FY2015, the PHS tap traditionally
Display of Evaluation Tap Transfers
provided more than a dozen HHS programs
provided more than a dozen HHS programs
By convention, tables in this report show only the
By convention, tables in this report show only the
with funding beyond their annual
with funding beyond their annual
amount of PHS Evaluation Tap funds received by an
amount of PHS Evaluation Tap funds received by an
appropriations and, in some cases, was the
appropriations and, in some cases, was the
agency (i.e., tables do not subtract the amount of the
agency (i.e., tables do not subtract the amount of the
sole source of funding for a program or
sole source of funding for a program or
evaluation tap from donor agencies’ appropriations).
evaluation tap from donor agencies’ appropriations).
That is to say, tap amounts shown in the fol owing That is to say, tap amounts shown in the fol owing
activity. However, since FY2015 and
activity. However, since FY2015 and
tables are in addition to amounts shown for budget
tables are in addition to amounts shown for budget
including in
including in
FY2021FY2022, LHHS appropriations , LHHS appropriations
authority, but the amounts shown for budget authority
authority, but the amounts shown for budget authority
laws have directed tap funds to a smaller
laws have directed tap funds to a smaller
have not been adjusted to reflect potential “transfer-
have not been adjusted to reflect potential “transfer-
number of programs or activities within three
number of programs or activities within three
out” of funds to the tap.
out” of funds to the tap.
HHS agencies (NIH, SAMHSA, and OS) and
HHS agencies (NIH, SAMHSA, and OS) and
have not provided any tap transfers to AHRQ, CDC, and HRSA. This has been particularly have not provided any tap transfers to AHRQ, CDC, and HRSA. This has been particularly
notable for AHRQ, which had been funded primarily through tap transfers from FY2003 to notable for AHRQ, which had been funded primarily through tap transfers from FY2003 to
FY2014, but has received discretionary appropriations since then.FY2014, but has received discretionary appropriations since then.
4248 Since FY2015, LHHS Since FY2015, LHHS
appropriations laws have directed the largest share of tap transfers to NIH. appropriations laws have directed the largest share of tap transfers to NIH.
Under both the House committee bill and the President’s budget, the amount of tap transfers to NIH ($1.3 billion) and SAMHSA ($134 million) would be the same as those directed in FY2021.43 However, the amount of tap transfers to OS would be increased by $97 million (+149.0%) by the House committee bill, and $106 million (+163.7%) by the President’s budget. These proposed increases would, in large part, be used to transition the Office of the National Coordinator for Health Information Technology to being solely funded by tap transfers.
In addition to the transfers to NIH, SAMHSA, and OS, the FY2022 House committee bill proposes that AHRQ receive $129 million in tap funding, slightly over half the amount that it proposesThe FY2022 LHHS omnibus directed $1.3 billion in tap funds to NIH, which was a small increase relative to FY2021 (+$38 million, 3.0%). The President’s budget and House committee bill would have kept the NIH transfers the same as FY2022. With regard to the OS, the FY2022 LHHS omnibus almost doubled the tap transfers to OS (+$64 million, 99.1%) to transition the Office of the National Coordinator for Health Information Technology to being solely funded by the PHS tap.49 Both the President’s budget and the House committee bill also proposed that funding transition, but would have increased the transfers to OS to a greater degree than what was ultimately enacted for FY2022—$106 million (+163.7%) and $97 million (+149.0%), respectively. The FY2022 LHHS omnibus, President’s budget, and House committee bill kept the tap transfers to SAMHSA the same amount as FY2021 ($134 million).
In addition to the transfers to NIH, SAMHSA, and OS, the FY2022 House committee bill proposed that AHRQ receive $129 million in tap funding, slightly over half the amount that it proposed for AHRQ’s discretionary funding for FY2022 ($251 million), for a total of $380 for AHRQ’s discretionary funding for FY2022 ($251 million), for a total of $380
4147 See Section 204, Division H, P.L. See Section 204, Division H, P.L.
116-260117-103 for the for the
FY2021FY2022 maximum set-aside level. The last time that an maximum set-aside level. The last time that an
appropriations act set the PHS tap percentage at a level other than 2.5% was in FY2009, when it was 2.4% (see P.L. appropriations act set the PHS tap percentage at a level other than 2.5% was in FY2009, when it was 2.4% (see P.L.
111-8). The 111-8). The
House committee billFY2022 omnibus also retained a change to this provision, first included in the FY2014 omnibus, also retained a change to this provision, first included in the FY2014 omnibus,
allowing tap transfers to be used for the “evaluation and the implementation” of programs funded in the HHS title of allowing tap transfers to be used for the “evaluation and the implementation” of programs funded in the HHS title of
the LHHS appropriations act. Prior to FY2014, such provisions had restricted tap funds to the “evaluation of the the LHHS appropriations act. Prior to FY2014, such provisions had restricted tap funds to the “evaluation of the
implementation” of programs authorized under the Public Health Service Act. implementation” of programs authorized under the Public Health Service Act.
42
48 Until FY2015, AHRQ had not received a discretionary appropriation in an annual appropriations act in more than a Until FY2015, AHRQ had not received a discretionary appropriation in an annual appropriations act in more than a
decade. FY2009 was the exception to this general pattern, as AHRQ received a supplemental appropriation from the decade. FY2009 was the exception to this general pattern, as AHRQ received a supplemental appropriation from the
American Recovery and Reinvestment Act that year. In recent years, AHRQ has also received some transfers from the American Recovery and Reinvestment Act that year. In recent years, AHRQ has also received some transfers from the
Prevention and Public Health Fund and the Patient-Centered Outcomes Research Trust Fund, though these transfers Prevention and Public Health Fund and the Patient-Centered Outcomes Research Trust Fund, though these transfers
were generally much smaller than the transfers AHRQ received from the tap. For more information, see CRS Report were generally much smaller than the transfers AHRQ received from the tap. For more information, see CRS Report
R44136, R44136,
The Agency for Healthcare Research and Quality (AHRQ) Budget: Fact Sheet. .
43 Prior to FY2015, NIH had traditionally been by far the largest net donor of tap funds, rather than a net recipient. The joint explanatory statement accompanying the FY2015 omnibus explained this shift as being intended to ensure that tap transfers are a “net benefit to NIH rather than a liability” and noted that this change was in response to a growing concern at the loss of NIH funds to the tap. Joint Explanatory Statement, Proceedings and Debates of the 113th Congress, Second Session,49 Congressional Record, vol. , vol.
160168, no. , no.
151, Book II, December 11, 2014, p. H983242, book IV, March 9, 2022, pp. H2684. .
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5558 Labor, Health and Human Services, and Education: FY2022 Appropriations
million. The FY2022 President’s budget had
million. The FY2022 President’s budget had
Display of PPHF Transfers
requested that AHRQ receive a comparatively lesser requested that AHRQ receive a comparatively lesser
amount of tap funding ($27 million), with a greater proportion of AHRQ’s funding in the LHHS bill being derived from discretionary appropriations ($353 million), for a total of $380 million. If final appropriations adopt one of these proposals, it will be the first time since FY2014 that the LHHS bill will direct tap funds to AHRQamount of tap funding ($27 million),
PPHF transfer amounts displayed in the HHS tables in this report are in addition to amounts shown for
with a greater proportion of AHRQ’s funding
budget authority provided in the bil . For consistency
in the LHHS bill being derived from
with source materials, the amounts shown for PPHF
discretionary appropriations ($353 million),
transfers in these tables reflect the estimated effects of
for a total of $380 million. This proposed use
mandatory spending sequestration; this is not the case
of tap funds was rejected by the FY2022
for other mandatory spending shown in this report (also for consistency with source materials).
LHHS omnibus. .
The President’s budget also proposed expanding the activities and agencies funded by the PHS
The President’s budget also proposed expanding the activities and agencies funded by the PHS
tap to include the Public Health Scientific Services and Environmental Health at the CDC ($139 tap to include the Public Health Scientific Services and Environmental Health at the CDC ($139
million), and Paralysis Resource Center, Limb Loss, and Traumatic Brain Injury at ACL ($17 million), and Paralysis Resource Center, Limb Loss, and Traumatic Brain Injury at ACL ($17
million). The House million). The House
Committee bill rejectscommittee bill and the FY2022 LHHS omnibus rejected those proposals. those proposals.
Prevention and Public Health Fund
The ACA both authorized and appropriated mandatory funding to three funds to support programs
The ACA both authorized and appropriated mandatory funding to three funds to support programs
and activities within the PHS agencies.and activities within the PHS agencies.
4450 One of these, the Prevention and Public Health Fund One of these, the Prevention and Public Health Fund
(PPHF, ACA §4002, as amended), was given a permanent, annual appropriation that was intended (PPHF, ACA §4002, as amended), was given a permanent, annual appropriation that was intended
to provide support each year to prevention, wellness, and related public health programs funded to provide support each year to prevention, wellness, and related public health programs funded
through HHS accounts. through HHS accounts.
PPHF funds are intended to supplement (sometimes quite substantially) the funding that selected
PPHF funds are intended to supplement (sometimes quite substantially) the funding that selected
programs receive through regular appropriations. The PPHF authority instructs the HHS programs receive through regular appropriations. The PPHF authority instructs the HHS
Secretary to transfer amounts from the fund to HHS agencies. However, since FY2014, Secretary to transfer amounts from the fund to HHS agencies. However, since FY2014,
provisions in annual appropriations acts and accompanying reports have explicitly directed the provisions in annual appropriations acts and accompanying reports have explicitly directed the
distribution of PPHF funds and prohibited the Secretary from making further transfers for those distribution of PPHF funds and prohibited the Secretary from making further transfers for those
years.years.
4551
The ACA had appropriated $2 billion in mandatory funds to the PPHF for FY2022, but this
The ACA had appropriated $2 billion in mandatory funds to the PPHF for FY2022, but this
amount was reduced by subsequent laws that decreased PPHF funding for FY2022 and other amount was reduced by subsequent laws that decreased PPHF funding for FY2022 and other
fiscal years. Under current law, the FY2022 appropriation is $1 billion.fiscal years. Under current law, the FY2022 appropriation is $1 billion.
46 In addition, this 52 This appropriation was subject to a 5.7% reduction due to sequestration of nonexempt mandatory appropriation was subject to a 5.7% reduction due to sequestration of nonexempt mandatory
spending.spending.
4753 (For more information on sequestration, see the budget enforcement discussion (For more information on sequestration, see the budget enforcement discussion
inin Appendix A.) After sequestration, the total PPHF appropriation available for FY2022 was $943 After sequestration, the total PPHF appropriation available for FY2022 was $943
million, an increase of $47 million relative to FY2021. Of this amount, the million, an increase of $47 million relative to FY2021. Of this amount, the
FY2022 LHHS omnibus allocated $903 million to CDC, $12 million to SAMHSA, and $28 million to ACL, the same amounts as proposed by the House committee bill House committee bill
and the President’s budgetand the President’s budget
would allocate $903 million to CDC, $12 million to SAMHSA, and $28 million to ACL.
CDC commonly receives the largest share of annual PPHF funds. The amount that was provided to CDC by the FY2022 LHHS omnibus, $903 million, was a $47 million (+5.5%) increase relative to FY2021. The amounts for SAMHSA and ACL were the same as FY2021. .
4450 For more information, see CRS Report R41301, For more information, see CRS Report R41301,
Appropriations and Fund Transfers in the Affordable Care Act
(ACA). .
4551 For the For the
FY2021FY2022 LHHS omnibus, see Division H, §222, P.L. LHHS omnibus, see Division H, §222, P.L.
116-260. 46117-103. 52 42 U.S.C. §300u-11. 42 U.S.C. §300u-11.
4753 OMB Report to the Congress on the BBEDCA 251A Sequestration for Fiscal Year 2022, May 28, 2021, p. 7, May 28, 2021, p. 7
of 17, ,
https://www.whitehouse.gov/wp-content/uploads/2021/05/BBEDCA_251A_Sequestration_Report_FY2022.pdf.https://www.whitehouse.gov/wp-content/uploads/2021/05/BBEDCA_251A_Sequestration_Report_FY2022.pdf.
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4144 Labor, Health and Human Services, and Education: FY2022 Appropriations
Labor, Health and Human Services, and Education: FY2022 Appropriations
CDC commonly receives the largest share of
Display of PPHF Transfers
annual PPHF funds. The amount that would be provided to CDC for FY2022 under the
PPHF transfer amounts displayed in the HHS tables in this report are in addition to amounts shown for
House committee bill and the President’s
budget authority provided in the bil . For consistency
request, $903 million, would be a $47 million
with source materials, the amounts shown for PPHF
(+5.5%) increase relative to FY2021. The
transfers in these tables reflect the estimated effects of
amounts for SAMHSA or ACL would be the
mandatory spending sequestration; this is not the case
same as FY2021 under both proposals.
for other mandatory spending shown in this report
(also for consistency with source materials).
Selected HHS Highlights by
Agency
This section begins with a limited selection of FY2022 discretionary funding highlights by HHS This section begins with a limited selection of FY2022 discretionary funding highlights by HHS
agency. The discussion is largely based on the agency. The discussion is largely based on the
enacted and proposed appropriations levels for FY2022 proposed appropriations levels for FY2022
compared to FY2021 enacted levels.compared to FY2021 enacted levels.
4854 These summaries are followed by a brief overview of These summaries are followed by a brief overview of
significant provisions from annual HHS appropriations laws that restrict spending in certain significant provisions from annual HHS appropriations laws that restrict spending in certain
controversial areas, such as abortion and stem cell research. The section concludes with controversial areas, such as abortion and stem cell research. The section concludes with
two tables two tables (Table 6 andand Table 7) presenting more detailed information on FY2021 enacted and presenting more detailed information on FY2021 enacted and
FY2022 proposedFY2022 proposed
and enacted funding levels for HHS. funding levels for HHS.
HRSA
The FY2022
The FY2022
House committee bill proposes $8.7LHHS omnibus provided $8.6 billion in discretionary budget authority for billion in discretionary budget authority for
HRSA. This HRSA. This
iswas $1. $1.
54 billion (+ billion (+
21.118.8%) more than HRSA’s %) more than HRSA’s
FY2021 discretionary funding level discretionary funding level
in the FY2021 LHHS omnibus and $911 and $741 million (+million (+
11.69.5%) more than the FY2022 President’s budget %) more than the FY2022 President’s budget
request.request.
The House committee bill proposes $1.8 billion for the Community Health Centers program, an increase of $148 million (+8.8%) relative to the FY2021 LHHS omnibus. Within this amount, the House committee report sets aside $25 million for a new program, the Alcee L. Hastings Program for Advanced Cancer Screening in Underserved Communities,49 and provides funding increases to programs such as Ending the HIV Epidemic (EHE) Initiative (+$50 million) and School-Based Health Centers (SBHCs) and Health Center Services at School-Based Sites (+$50 million).50
The National Health Service Corps program has the largest relative increase between the FY2021 LHHS omnibus and the FY2022 House committee bill. It would receive $185 million in the House committee bill, an increase of $65 million (+54.2%) relative to the FY2021 LHHS omnibus. As noted in the House committee report, $25 million of this increase is to fund a pilot program to evaluate rural patient access and retention of rural practitioners.51
Other significant proposed funding increases in the House committee bill include $400 million for the Family Planning (Title X) program, an increase of $114 million (+39.6%) relative to the FY2021 LHHS omnibus. The House committee bill also proposes $140 million for the Rural Communities Opioid Response Program, an increase of $30 million (+27.3%) relative to the
48 HHS budget materials can be found at http://www.hhs.gov/budget/. 49 H.Rept. 117-96, p. 46. 50 H.Rept. 117-96, p. 47. 51 H.Rept. 117-96, p. 49.
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FY2021 LHHS omnibus, and $869 million for the Maternal and Child Health (MCH) Block Grant program, an increase of $156 million (+21.9%) relative to the FY2021 LHHS omnibus.
The House committee report directs that additional proposed increases for the MCH account be used to fund new initiatives such as the Pregnancy Medical Home Demonstration ($25 million), which would offer “incentives to maternal health care providers to provide integral health care services to pregnant women and new mothers, with the goal of reducing adverse maternal health outcomes and maternal deaths.”52 Another new initiative is the Early Childhood Development Expert Grants ($25 million), which would “place early childhood development experts in pediatrician offices that serve a population with a high percentage of Medicaid and CHIP patients.”53
CDC
For CDC, the FY2022 House committee bill proposes $9.6 billion in discretionary budget authority. This is $2.6 billion (+38.0%) more than CDC’s discretionary funding level in the FY2021 LHHS omnibus ($7.0 billion) and $1.2 billion (+13.7%) more than the FY2022 President’s discretionary budget request ($8.5 billion). The President’s discretionary budget request represents a $1.5 billion increase (+21.4%) relative to the FY2021 LHHS omnibus. Both the House committee bill and the President’s budget request propose directing $903 million in PPHF funding to CDC, compared to $856 million in the FY2021 LHHS omnibus. Similar to recent practice (since FY2015), the House committee bill would not direct PHS tap funds to CDC. The President’s budget requested $139 million in PHS tap funds to CDC.
The FY2022 House committee bill proposes discretionary funding increases to all CDC accounts, relative to the FY2021 LHHS omnibus, with the largest increase (in dollar and percentage terms) going to CDC-Wide Activities and Program Support. The House committee bill would provide $1.1 billion in discretionary funding to this account, an increase of $1.0 billion (+829.5%) relative to the FY2021 LHHS omnibus ($124 million) and an increase of $600 million (+109.0%) compared to the FY2022 President’s budget request ($549 million). The House committee bill would direct the majority of the account’s discretionary appropriation ($1.0 billion) toward public health infrastructure and capacity. The House committee report describes the $1.0 billion as “new, annual funding to turn the tide on the nation’s public health infrastructure by providing a stable source of disease-agnostic funding so that the nation’s State, local, territorial, and Federal public health agencies are better equipped to coordinate together to save lives.”54
Other CDC accounts to receive some of the larger percentage increases in discretionary funding under the FY2022 House committee bill include Buildings and Facilities (+83.3%), Environmental Health (+58.5%), and Injury Prevention and Control (+55.8%). The President’s budget request also called for discretionary increases to most CDC accounts relative to the FY2021 LHHS omnibus, but often to a lesser degree than the House proposal. According to the House committee report, these additional funds were largely allocated to increases of $100 million for the Climate and Health Program in the Environmental Health account and $100
52 H.Rept. 117-96, pp. 58-59. 53 H.Rept. 117-96, pp. 57-58. 54 H.Rept. 117-96, p. 107. For information about the President’s budget proposal for additional funding, see CDC, FY2022 Congressional Budget Justification, p. 348, https://www.cdc.gov/budget/documents/fy2022/FY-2022-CDC-congressional-justification.pdf.
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million for Community and Youth Violence Prevention in the Injury Prevention and Control account, as requested in the President’s budget.55
NIH
For NIH, the FY2022 House committee bill proposes $48.2 billion in discretionary budget authority. This is a $6.7 billion (+16.2%) increase relative to the FY2021 LHHS omnibus ($41.4 billion) and $2.3 billion (-4.6%) less than the President’s discretionary budget request ($50.5 billion). The President’s discretionary budget request represents a $9.0 billion (+21.8%) increase from the FY2021 LHHS omnibus. Both the House committee bill and the President’s budget request would direct $1.3 billion in PHS tap funds to NIH—the same amount as was directed in the FY2021 LHHS omnibus.
Compared to the FY2021 LHHS omnibus, the FY2022 House committee bill would provide discretionary funding increases to all NIH Institute and Center accounts, with the largest percentage increases to the National Institute on Minority Health and Health Disparities (+69.3%), the National Institute on Drug Abuse (+25.7%), and the National Center for Complementary and Integrative Health (+20.2%).56 Generally, the House committee bill would increase funding for NIH accounts to a greater degree relative to the FY2021 LHHS omnibus, compared to the President’s budget request, with two exceptions: (1) the National Institute of Child Health and Human Development, which the House committee bill would increase by 6.3% and the President’s budget by 22.1%, and (2) the National Institute of Arthritis and Musculoskeletal and Skin Diseases, which the House committee bill would increase by 7.1% and the President’s budget by 7.2%. The House committee bill would fund the President’s proposed new Advanced Research Projects Agency for Health (ARPA-H) at $3.0 billion, which is $3.5 billion (-54%) less than the FY2022 President’s budget request ($6.5 billion).57 Under the House committee bill, ARPA-H funding would only be available if legislation specifically establishing ARPA-H is enacted into law.
SAMHSA
The FY2022 House committee bill proposes $9.0 billion in discretionary budget authority for SAMHSA. This is $3.1 billion (+53.6%) more than SAMHSA’s discretionary funding level in the FY2021 LHHS omnibus and $572 million (-6.0%) less than the FY2022 President’s budget request. PHS tap funding ($134 million) and PPHF funding ($12 million) would be the same as FY2021 under both the House committee and President’s budget proposals.
The House committee report recommends that the Community Mental Health Block Grant (MHBG) receive the largest increase in percentage terms (relative to FY2021) among SAMHSA programs. The committee report proposes $1.6 billion for the MHBG, an increase of $825 million (+112.0%) compared to the FY2021 LHHS omnibus. This is the same amount as requested in the FY2022 President’s budget.58 The House committee bill would require HHS to reserve not less than 10% of total MHBG funding (not less than $160 million) for a set-aside to support evidence-based crisis systems, an increase from the $35 million provided in FY2021. Within the MHBG 55 See H.Rept. 117-96, pp. 98-99; and CDC, FY2022 Congressional Budget Justification, https://www.cdc.gov/budget/documents/fy2022/FY-2022-CDC-congressional-justification.pdf.
56 Discretionary funding for the NIH Buildings and Facilities account would increase under both the FY2022 House committee bill and the President’s budget 57 Under the House committee bill, funding for ARPA-H would be available through September 30, 2024. 58 H.Rept. 117-96, p. 478.
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total, the House committee report recommends that $100 million be reserved for a Mental Health Crisis Response Partnership Pilot Program for “mobile crisis response teams that divert the response for mental health crises from law enforcement to behavioral health teams.”59
The House Committee report recommends that the Substance Abuse Prevention and Treatment Block Grant (SABG) receive the largest increase in dollar terms (relative to FY2021) among SAMHSA programs. The committee report proposes $2.8 billion for the SABG, an increase of $1.0 billion (+56.2%) compared to the FY2021 LHHS omnibus. The House committee bill would require states that receive funding from the SABG to reserve not less than 10% of these funds for recovery support services.60
Other funding increases in the House committee bill include $2.0 billion for State Opioid Response Grants, an increase of $500 million (+33.3%) relative to the FY2021 LHHS omnibus; $727 million for Mental Health Programs of Regional and National Significance (PRNS), an increase of $252 million (+53.1%) relative to the FY2021 LHHS omnibus; and $375 million for the Certified Community Behavioral Health Clinics, an increase of $125 million (+50.0%) relative to the FY2021 LHHS omnibus.
AHRQ
The House committee bill would provide $251 million in discretionary funding for AHRQ, which would be a 25.8% reduction (-$87 million) from the FY2021 level of $338 million. However, the House committee bill would also direct to AHRQ an additional $129 million in PHS evaluation tap transfers, for a combined funding level of $380 million. When accounting for the discretionary appropriation and the PHS tap transfers, total funding would be $42 million (+12.4%) more than was provided by the FY2021 LHHS omnibus. (The FY2021 LHHS omnibus directed no tap transfers to AHRQ, in keeping with practices since FY2015.61) The FY2022 President’s request proposed $353 million in discretionary funding for AHRQ, plus $27 million in tap transfers, for a combined funding level of $380 million.62 As requested in the President’s budget, the report accompanying the House committee bill directs funds to support new research on health equity, COVID-19, and maternal health, among other topics.63
CMS
The FY2022 House committee bill and FY2022 President’s budget request would provide $5.2 billion in discretionary budget authority for CMS. This is $712 million (+15.9%) more than the FY2021 enacted level. Both proposals would appropriate $873 million for the CMS Health Care Fraud and Abuse Control (HCFAC) account, 8.2% more than FY2021. Of this total amount for
59 H.Rept. 117-96, p. 172-173. This set-aside is separate from the MHBG Crisis Care Set-Aside described immediately prior.
60 The House Committee report explains that this set aside is for “the provision of evidence-informed SUD non-clinical recovery supports and services” (H.Rept. 117-96, p. 179).
61 Since FY2015, annual LHHS appropriations laws have not directed tap transfers to AHRQ, but in earlier years (FY2003-FY2014) AHRQ was funded primarily with tap transfers.
62 That is, both the FY2022 President’s request and the House committee bill would provide a combined funding level of $380 million for AHRQ, including both discretionary funding and tap transfers. President Trump’s budgets for FY2018 through FY2021 had requested zero funding for AHRQ, proposing instead to continue funding many of AHRQ’s activities through a new National Institute for Research on Safety and Quality (NIRSQ) in the NIH. See CRS Report R46859, Labor, Health and Human Services, and Education: FY2021 Appropriations, footnote 73.
63 H.Rept. 117-96, pp. 188-191.
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HCFAC, $556 million
Under the Primary Health Care account, the Community Health Centers program received $1.7 billion, an increase of $65 million (+3.9%) relative to FY2021.55 The explanatory statement also recommended $122.3 million under that same account for the Ending the HIV Epidemic Initiative.56 Under the Ryan White HIV/AIDS Program appropriation, there is an additional $125 million set aside for this HIV initiative.57
The Maternal and Child Health Block Grant received $748 million, an increase of $35 million (+4.9%) relative to FY2021. Related to maternal health, the explanatory statement also set aside $12 million for the Alliance for Maternal Health Safety Bundles, which are “a set of targeted and evidence-based best practices that, when implemented, improve patient outcomes and reduce maternal mortality and severe maternal morbidity,”58 and $29 million for State Maternal Health Innovation Grants.59 The Rural Communities Opioid Response program received $135 million in the law, an increase of $25 million (+22.7%) relative to FY2021.60
CDC
The FY2022 LHHS omnibus provided $7.5 billion in discretionary budget authority for CDC, which was $535 million (+7.7%) more than CDC’s FY2021 funding level. The FY2022 LHHS omnibus did not direct any PHS tap funds to the CDC, continuing the practice started in FY2015. The FY2022 LHHS omnibus supplemented discretionary CDC appropriations by directing $903 million in PPHF transfers to the CDC, which was $47 million (+5.5%) more than FY2021. Altogether, this combination of funding represented an increase of $582 million (+7.4%) from FY2021 in budget authority that is inclusive of directed transfers.
54 HHS budget materials can be found at http://www.hhs.gov/budget/. 55 The Health Centers program also received significant additional FY2020 and FY2021 funding related to the COVID-19 pandemic, totaling roughly $2 billion in discretionary funding, and $4 billion in mandatory funding. For a discussion of this funding, see CRS Report R46711, U.S. Public Health Service: COVID-19 Supplemental Appropriations in the 116th Congress.
56 Congressional Record, March 9, 2022, Vol. 168, No. 42, Book IV, p. H2669. 57 Ibid, p. H2670. This initiative also was supported by funds from other parts of HHS. For more information, see https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/funding.
58 Ibid, p. H2669. See H.Rept. 117-96 p. 57, for a description of this activity. 59 Ibid, p. H2670. 60 See Ibid, p. H2670, for a description of this activity.
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The President’s FY2022 budget request would have increased discretionary budget authority by $1.5 billion (+21.4%) relative to FY2021, while also requesting that $139 million in tap funds be directed to the CDC. The President’s budget also requested $903 million in PPHF transfers, the same as enacted. All told, this combination of funding would have represented an increase of $1.7 billion (+21.5%) from FY2021. The FY2022 omnibus provided $1.1 billion (-11.5%) less than the FY2022 requested amount, inclusive of directed transfers.
All but one programmatic account received an increase in discretionary budget authority relative to FY2021. The Immunization and Respiratory Diseases account was flat-funded in terms of discretionary budget authority only, but was increased by $47 million (+5.7%) when also accounting for PPHF transfers. Some notable increases included the HIV/AIDS, Viral Hepatitis, STI and TB Prevention account, which was funded at an increased level of $1.3 billion (+2.4% above FY2021), and included $195 million for CDC’s contribution the Ending HIV/AIDS Initiative;61 the Public Health Scientific Services account, which was funded at $652 million (+10.1%) above FY2021, and included $100 million for public health data modernization (+100% above FY2021 funding of $50 million).62 Discretionary funding for the CDC-Wide Activities and Program Support account was increased by $210 million (+169.9%). When also accounting for PPHF transfers, which were kept at the same level as FY2021 ($160 million), the program level for that account was increased by 74.1% relative to FY2021. Of the discretionary funding, $200 million was designated for public health infrastructure and capacity.63
With regard to the Injury Prevention and Control account, which received $715 million (+4.7% over FY2021), the explanatory statement included funding for several line items that were first included in FY2020, including child sexual abuse prevention ($2 million), suicide prevention ($20 million), and adverse childhood experiences (ACEs, $7 million).64 The explanatory statement also included specific funding for Firearm Injury and Mortality Prevention Research program ($12.5 million) and Opioid Overdose Prevention and Surveillance ($491 million).65
61 Congressional Record, vol. 168, no. 42, March 9, 2022, p. H2670. See also Centers for Disease Control and Prevention, “Ending the HIV Epidemic,” https://www.cdc.gov/endhiv/index.html. 62 Ibid, p. H2672. For FY2021, see Congressional Record, vol. 166, no. 218 (December 21, 2020), p. H8623. 63 P.L. 117-103, 136 STAT. 448. See also Congressional Record, vol. 168, no. 42, March 9, 2022, p. H2674. 64 Ibid., pp. H2672-H2673. For FY2021 enacted, see Congressional Record, vol. 166, no. 218 (December 21, 2020), p. H8623.
65 Ibid. When taking account of the $12.5 million in NIH funding that was reserved for the same purpose, the total provided for Firearm Injury and Mortality Prevention Research was $25 million.
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NIH
The FY2022 LHHS omnibus provided $43.7 billion in discretionary budget authority for NIH. This was $2.2 billion (+5.3%) more than FY2021, but $6.8 billion (-13.5%) less than the FY2022 President’s budget request. When adding the $1.0 billion appropriation for the new Advanced Research Projects Agency for Health (ARPA-H)—which the HHS Secretary has placed within NIH after enactment of FY2022 LHHS funding—the NIH’s FY2022 discretionary budget authority was $44.7 billion.66 ARPA-H was originally proposed as a part of President Biden’s FY2022 NIH budget request with proposed funding of $6.5 billion. The FY2022 enacted NIH discretionary budget authority, plus the ARPA-H transfer, was $5.8 billion (-11.5%) less than the President’s FY2022 budget request.
All NIH Institute and Center (IC) accounts received increases in FY2022 relative to FY2021. Among the ICs, the National Institute of Minority Health and Health Disparities saw the largest percentage increase compared to FY2021 (+17.4%). In addition, the FY2022 LHHS omnibus directed $1.3 billion in PHS tap transfers to NIH, $38 million more than FY2021. The entirety of the PHS tap transfer was provided to the National Institute of General Medical Sciences (NIGMS), and was paired with a discretionary appropriation of $1.8 billion. The NIGMS discretionary appropriation was $63 million (+3.7%) more than FY2021. When combined with the tap transfer, total funding for NIGMS increased by $101 million (+3.4%) from FY2021. The Buildings and Facilities account saw a $50 million increase (+25.0%) in discretionary budget authority relative to FY2021, but a decrease of $175 million (-41.2%) relative to FY2021 when accounting for the $225 million NEF transfer to that account in FY2021.67
In line with recent practice, the explanatory statement on the FY2022 LHHS omnibus directed NIH to reserve a specific dollar amount for a number of purposes, for example, an increase of $289 million for Alzheimer’s disease and related dementia research.68 It also included a reservation of funds for Firearm Injury and Mortality Prevention Research of $12.5 million, the same amount as in FY2020 and FY2021.69 Reserving a specific dollar amount for a particular
66 Although the FY2022 President’s budget and FY2022 House committee bill proposed that ARPA-H funding be appropriated to the NIH, the $1 billion in enacted funding for ARPA-H was ultimately appropriated to the HHS Office of the Secretary (OS). Those funds were subsequently transferred to the NIH when ARPA-H was placed within that operating division by the HHS Secretary. The enacted ARPA-H funding is displayed under the OS in Table 7 in keeping with how it was appropriated in the LHHS omnibus. For background on ARPA-H and its placement, see CRS Report R47074, Advanced Research Projects Agency for Health (ARPA-H): Congressional Action and Selected Policy Issues.
67 The NEF was established by the Consolidated Appropriations Act of 2008 to enable the HHS Secretary to repurpose certain unobligated balances of expired discretionary funds appropriated to HHS from the General Fund (P.L. 110-161, Division G, Title II, §223). Most accounts in annual appropriations measures receive appropriations from the General Fund at the U.S. Treasury. This term refers to all federal money not allocated by law to any other fund account, such as federal trust funds for Medicare. Funds transferred into the NEF are generally available to the Secretary for capital acquisitions across HHS, including facilities infrastructure and information technology. Until recently, it has not been common for LHHS appropriations acts to specify that particular projects are to be funded by the NEF, but there have been a few such cases since FY2017, including in FY2021 where the LHHS omnibus directed $225 million from the NEF transfers to the NIH Buildings and Facilities account.
68 Congressional Record, vol. 168, no. 42 (March 9, 2022), p. H2676. For a list of specified funding levels in the explanatory statement accompanying the LHHS omnibus, see Table A-2 in CRS Report R43341, National Institutes of Health (NIH) Funding: FY1996-FY2023.
69 Ibid., p. H2678. When taking account of the $12.5 million in CDC funding that was reserved for the same purpose, the total provided for Firearm Injury and Mortality Prevention Research was $25 million in FY2020, FY2021 and
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disease or area of research at NIH is a relatively new practice that has expanded since 2015; still, most NIH funding is not designated for particular diseases or areas of research.70
SAMHSA
The FY2022 LHHS omnibus provided $6.4 billion in discretionary budget authority for SAMHSA. This amount was $530 million (+9.0%) more than SAMHSA’s FY2021 funding level and $3.2 billion (-33.2%) less than the President’s FY2022 budget request. The FY2022 LHHS omnibus also directed $134 million in PHS evaluation tap funding and $12 million in PPHF funding to SAMHSA, which were the same amounts as FY2021.
The additional funding provided to SAMHSA was spread across several programs in the explanatory statement. All accounts received discretionary budget authority increases relative to FY2021. The programs within the Mental Health Programs of Regional and National Significance (PRNS) received an increase of $112 million (+23.6%), including the increase of $78 million (+323.4%) to the Suicide Lifeline program to prepare for the launch of a new 988 number for suicide prevention.71 The programs within the Substance Abuse Treatment PRNS received an increase of $25 million (+5.0%) and the programs within the Substance Abuse Prevention PRNS received an increase of $10 million (+4.8%). There was also an increase in funding to the Certified Community Behavioral Health Clinics (CCBHCs)—$65 million (+26.0%) more than FY2021. The Community Mental Health Services Block Grant (MHBG) received an increase of $100 million (+13.6%) while the Substance Abuse Prevention and Treatment Block Grant (SABG) received an increase of $50 million (+2.8%) more than FY2021. The State Opioid Response (SOR) grant program received an increase of $25 million (+1.7%) compared to FY2021.
AHRQ
The FY2022 LHHS omnibus provided $350 million in discretionary budget authority to AHRQ. This amount was $12 million (+3.7%) more than AHRQ’s FY2021 funding level and $3 million (-0.7%) less than the President’s FY2022 budget request. The FY2022 LHHS omnibus did not direct any PHS tap transfers to AHRQ, which is in keeping with practices since FY2015 but contrasts with earlier years (FY2003-FY2014) in which AHRQ had been funded primarily with tap transfers.72 (The President’s budget proposed $27 million, and the House bill proposed $129 FY2022.
70 Historically, Congress generally did not specify funding for certain research areas within NIH accounts through the appropriations process. For example, the explanatory statement on the FY2015 omnibus stipulated, “In keeping with longstanding practice, the agreement does not recommend a specific amount of NIH funding for this purpose [Alzheimer’s disease] or for any other individual disease. Doing so would establish a dangerous precedent that could politicize the NIH peer review system. Nevertheless, in recognition that Alzheimer’s disease poses a serious threat to the Nation’s long-term health and economic stability, the agreement expects that a significant portion of the recommended increase for NIA should be directed to research on Alzheimer’s. The exact amount should be determined by scientific opportunity of additional research on this disease and the quality of grant applications that are submitted for Alzheimer’s relative to those submitted for other diseases.” See Congressional Record, vol. 160, no. 151 (December 11, 2014), p. H9832.
71 As described in the explanatory statement accompanying the FY2022 LHHS omnibus (Congressional Record, vol. 168, no. 42, March 9, 2022, p. H2680). For the FY2021 amount, see Congressional Record, vol. 166, no. 218 (December 21, 2020), p. H8629.
72 In addition to funds provided through the annual appropriations process, AHRQ is also scheduled in FY2022 to receive a transfer of certain mandatory funds that were authorized and appropriated to the Patient-Centered Outcomes Research Trust Fund (PCORTF) by ACA Section 6301(e), as amended (26 U.S.C. §9511). Transfers to AHRQ from the PCORTF are to be used to disseminate the results of patient-centered outcomes research. (PCORTF funds are
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million, in tap transfers for AHRQ, but these proposals were not enacted.) Among other initiatives, the explanatory statement noted increases in funding to establish the Center for Primary Care Research and to research diagnostic errors and risks to patient safety.73
CMS
The FY2022 LHHS omnibus provided $4.9 billion in discretionary budget authority for CMS, $421 million (+9.4%) more than FY2021 enacted. (Both the President’s budget and House committee bill would have provided $712 million (+15.9%) more than FY2021.) The FY2022 LHHS omnibus provided $873 million for the CMS Health Care Fraud and Abuse Control (HCFAC) account, 8.2% more than FY2021 and the same amount that was proposed by the President’s budget and House committee bill. Of this total amount for HCFAC, $556 million would be effectively exempt from the discretionary budget caps. (See would be effectively exempt from the discretionary budget caps. (See
Appendix A for an explanation of the LHHS budget cap exemptions.) for an explanation of the LHHS budget cap exemptions.)
Both the House committee bill and the President’s request would provide the CMS Program Management account with $4.3 billion, which is 17.6% (+$646 million) more than the amount provided in FY2022 ($3.7 billionThe FY2022 LHHS omnibus provided a $355 million (+9.7%) increase to the CMS Program Management Account, which was less than the increased proposed by the House committee bill and the President’s request (+17.6%). This account supports CMS program operations (e.g., claims ). This account supports CMS program operations (e.g., claims
processing, information technology investments, provider and beneficiary outreach and processing, information technology investments, provider and beneficiary outreach and
education, and program implementation), in addition to federal administration and other activities education, and program implementation), in addition to federal administration and other activities
related to the administration of Medicare, Medicaid, the State Children’s Health Insurance related to the administration of Medicare, Medicaid, the State Children’s Health Insurance
Program, and private health insurance provisions established by the ACA. The Program, and private health insurance provisions established by the ACA. The
House committee bill and the President’s budget would eliminate a general provision (§227 in the FY2021 LHHS omnibus),FY2022 LHHS omnibus continued a provision (§227) that has been included in LHHS appropriations acts since FY2014 included in LHHS appropriations acts since FY2014
, authorizing HHS to transfer authorizing HHS to transfer
additional funds into this account from Medicare trust funds. The terms of the provision required additional funds into this account from Medicare trust funds. The terms of the provision required
that such funds be used to support activities specific to the Medicare program, limited the amount that such funds be used to support activities specific to the Medicare program, limited the amount
of the transfers to $of the transfers to $
305355 million, and explicitly prohibited such transfers from being used to million, and explicitly prohibited such transfers from being used to
support or supplant funding for ACA implementation.support or supplant funding for ACA implementation.
ACF
The FY2022 House committee bill would provide $31.3 Both the President’s budget and House committee bill would have eliminated this provision.
ACF
The FY2022 LHHS omnibus provided $29.9 billion in discretionary budget authority billion in discretionary budget authority
for ACF. This is $for ACF. This is $
6.65.2 billion (+ billion (+
26.821.1%) more than FY2021%) more than FY2021
, and $729 less (-$2.4%) and $680 million (+2.2%) more than than
the FY2022 President’s budget request of $30.6 billion.
The FY2022 House committee bill would provide $4.5the President’s budget.
The FY2022 LHHS omnibus provided $6.4 billion for the Refugee and Entrant billion for the Refugee and Entrant
Assistance programs account, an increase of $Assistance programs account, an increase of $
2.64.5 billion (+ billion (+
135.8236.4%) relative to FY2021.%) relative to FY2021.
74 The The
President’s budget would President’s budget would
increasehave increased this account to a this account to a
similarlesser degree relative to FY2021, degree relative to FY2021,
to $4by $2.4 .4
billion billion
(+130.6%). The FY2022 LHHS omnibus retained a (+130.6%). Both the House committee bill and the President’s budget would retain a provision, included in LHHS appropriations since FY2015, authorizing HHS to augment provision, included in LHHS appropriations since FY2015, authorizing HHS to augment
appropriations for the Refugee and Entrant Assistance account via transfers from other appropriations for the Refugee and Entrant Assistance account via transfers from other
discretionary HHS funds. The 15% limit on those transfers was the same as FY2021. discretionary HHS funds. The 15% limit on those transfers was the same as FY2021.
The House committee report would direct $3.4
generally not displayed in this report, as they are not provided by or modified through annual LHHS appropriations bills.) For more information on the PCORTF, see CRS Insight IN11010, Funding for ACA-Established Patient-Centered Outcomes Research Trust Fund (PCORTF) Extended Through FY2029.
73 See the explanatory statement accompanying the FY2022 LHHS omnibus (Congressional Record, vol. 168, no. 42, March 9, 2022, p. H2681).
74 Of the total amount for FY2022, $1.6 billion was enacted as part of the second continuing resolution for FY2022, P.L. 117-70, for the Unaccompanied Alien Children program.
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The explanatory statement accompanying the FY2022 LHHS omnibus directed $5.5 billion of the appropriation for Refugee and billion of the appropriation for Refugee and
Entrant Assistance programs toward the Unaccompanied Alien Children (UAC) program, a $Entrant Assistance programs toward the Unaccompanied Alien Children (UAC) program, a $
2.1 billion (159.64.2 billion (+322.5%) increase over the FY2021 level.%) increase over the FY2021 level.
75 The UAC program provides for the shelter, care, The UAC program provides for the shelter, care,
and placement of unaccompanied alien children who have been apprehended in the United States. and placement of unaccompanied alien children who have been apprehended in the United States.
The President’s budget The President’s budget
would providehad proposed $3.3 billion for this program to “allow $3.3 billion for this program to “allow
ORR [the Office of [the Office of
Refugee Resettlement]Refugee Resettlement]
ORR to increase the number of state-licensed beds and foster family to increase the number of state-licensed beds and foster family
placements, including both long-term and transitional foster care placements.”placements, including both long-term and transitional foster care placements.”
64
The House committee bill76
The FY2022 LHHS omnibus also included several general provisions that were enacted in also included several general provisions that were enacted in
FY2021FY2021 (with modifications in some cases) related to the UAC program. For instance, the related to the UAC program. For instance, the
House committee bill would
authorizeLHHS omnibus
authorized HHS to accept donations for the care of UAC arrivals (§ HHS to accept donations for the care of UAC arrivals (§
228230), ),
limitlimited the use of funds for unlicensed facilities for unaccompanied alien the use of funds for unlicensed facilities for unaccompanied alien
children
with new language addressing the termination of services for contractors or grantees not in compliance (§229
children (§231), ),
imposeimposed additional congressional notification requirements prior to the use of additional congressional notification requirements prior to the use of
unlicensed facilities (§
unlicensed facilities (§
230),
64 HHS, ACF, FY 2022 Congressional Justification, p. 59, https://www.acf.hhs.gov/sites/default/files/documents/olab/fy_2022_congressional_justification.pdf.
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impose232),
prohibited HHS appropriations from being used to prevent a Member of
Congress from visiting a UAC facility for oversight purposes (§233), and
imposed additional public monthly reporting requirements on the number of additional public monthly reporting requirements on the number of
unaccompanied alien children who were separated from their parents or legal
unaccompanied alien children who were separated from their parents or legal
guardians and transferred to the care of the ORR (§guardians and transferred to the care of the ORR (§
232), and
prohibit HHS appropriations from being used to prevent a Member of Congress
from visiting a UAC facility for oversight purposes (modified from the FY2021 version so as to have no advance notification requirements) (§231).
New general provisions also were included in the House committee bill that prohibit the use of funds for sharing any information pertaining to unaccompanied alien children for use or reference in removal proceedings or immigration enforcement (§233), and require HHS to make efforts to place sibling unaccompanied alien children together (§234). The House committee report “includes directives in this report for ORR to raise standards of care; expand services for children; rebuild, support and train staff on trauma-informed care; establish an independent office to better serve children in ORR’s care; and increase planning for future humanitarian responses at the border.”65
ACL
The House committee bill would provide $3.1 billion in discretionary funding for ACL, which would be $846 million (+37.5%) more than the FY2021 enacted level and $96 million (+3.2%) more than the FY2022 President’s request. Both the House committee bill and the President’s request would direct $28 million in PPHF funding to ACL, the same amount as FY2021. However, the President’s budget also would direct another $17 million in PHS evaluation tap transfers to ACL, while the House committee bill would direct no tap funding to that agency, consistent with FY2021.
Much of the House committee bill’s increase relative to FY2021 would go towards Nutrition Services Programs (+$436 million, a 45.8% increase), Home and Community-Based Supportive Services (+$158 million, a 40.2% increase), Family Caregiver Support Services (+$61 million, a 32.3% increase), Workforce Innovation and Opportunity Act Activities (+$50 million, an 18.9% increase), and Developmental Disabilities Programs (+$25 million, a 13.9% increase), among others.
In addition, the House committee report would follow the FY2022 President’s request in directing $28 million in PPHF transfers to ACL’s Alzheimer’s Disease, Chronic Disease Self-Management, and Falls Prevention programs.66 234).
The House committee report contained additional “directives ... for ORR to reduce its reliance on large, unlicensed emergency intake sites when capacity is strained; raise standards of care; expand legal, post-release, and child advocacy services for children; rebuild, support and train staff on trauma-informed care; establish an independent office to better serve children in ORR’s care; and increase planning for future humanitarian responses at the border.”77 The explanatory statement accompanying the LHHS omnibus reiterated that language included in that House report “should be complied with unless specifically addressed to the contrary in this explanatory statement.”78 It also contained additional directives, such as that ORR “place siblings in the same facility, or with the same sponsor, to the extent practicable, and so long as it is appropriate and in the best interest of the child.”79
ACL
The FY2022 LHHS omnibus provided $2.3 billion in discretionary budget authority for ACL. This was $60 million (+2.7%) more than FY2021. In addition, the FY2022 LHHS omnibus directed $28 million in PPHF transfers to ACL, the same as FY2021. The explanatory statement accompanying the FY2022 LHHS omnibus specified that the PPHF transfers were for the Alzheimer’s Disease Program, Chronic Disease Self-Management, and Falls Prevention. These distributions were consistent FY2021 levels, as well as the FY2022 President’s request and House
75 Ibid. 76 HHS, ACF, FY 2022 Congressional Justification, p. 59, https://www.acf.hhs.gov/sites/default/files/documents/olab/fy_2022_congressional_justification.pdf.
77 H.Rept. 117-96, pp. 208-215. 78 Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2682. 79 Ibid.
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committee bill.80 The FY2022 LHHS omnibus did not adopt the proposal made in the President’s budget for $17 million in evaluation tap funding.81 The FY2022 LHHS omnibus provided $691 million (-23.0%) less in ACL’s discretionary budget authority than the President’s budget, which had proposed larger increases than what was enacted for several ACL programs including home-delivered meals (part of the Nutrition Services Program) and home and community-based supportive services.
Restrictions Related to Certain Controversial Issues
Annual LHHS appropriations measures regularly contain broad restrictions related to certain Annual LHHS appropriations measures regularly contain broad restrictions related to certain
controversial issues. For instance, annual LHHS appropriations acts commonly include provisions controversial issues. For instance, annual LHHS appropriations acts commonly include provisions
limiting the use of federal funds for abortions, the use of human embryos for research, needle limiting the use of federal funds for abortions, the use of human embryos for research, needle
exchange programs, and gun control advocacy. exchange programs, and gun control advocacy.
Abortions: Since FY1977, annual LHHS appropriations acts have included provisions limiting Since FY1977, annual LHHS appropriations acts have included provisions limiting
the circumstances under which LHHS funds (including Medicaid funds) may be used to pay for the circumstances under which LHHS funds (including Medicaid funds) may be used to pay for
abortions. Early versions of these provisions applied only to HHS, but since FY1994 most abortions. Early versions of these provisions applied only to HHS, but since FY1994 most
provisions have applied to the entire LHHS bill. Under current provisions, (1) abortions may be provisions have applied to the entire LHHS bill. Under current provisions, (1) abortions may be
65 H.Rept. 117-96, pp. 208-215. 66 The same PPHF amounts were directed to these ACL programs by the FY2021 LHHS omnibus and accompanying explanatory statement.
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funded only when the life of the mother is endangered or in cases of rape or incest; (2) funds may funded only when the life of the mother is endangered or in cases of rape or incest; (2) funds may
not be used to buy a managed care package that includes abortion coverage, except in cases of not be used to buy a managed care package that includes abortion coverage, except in cases of
rape, incest, or endangerment; and (3) federal programs and state and local governments that rape, incest, or endangerment; and (3) federal programs and state and local governments that
receive LHHS funding are prohibited from discriminating against health care entities that do not receive LHHS funding are prohibited from discriminating against health care entities that do not
provide or pay for abortions or abortion services. Both the FY2022 provide or pay for abortions or abortion services. Both the FY2022
President’s budget and House committee bill House committee bill
and the President’s budget would eliminatewould have omitted this provision entirely, but the FY2022 LHHS omnibus retained these existing restrictions (§§506 and 507 these existing restrictions (§§506 and 507
in the FY2021 LHHS omnibus67).).82
Human Embryo Research: Since FY1996, annual LHHS appropriations have included a Since FY1996, annual LHHS appropriations have included a
provision prohibiting any LHHS funds (including NIH funds) from being used to create human provision prohibiting any LHHS funds (including NIH funds) from being used to create human
embryos for research purposes or for research in which human embryos are destroyed. embryos for research purposes or for research in which human embryos are destroyed.
Both the FY2022 House committee bill and the President’s budget would retainThe FY2022 LHHS omnibus retained these existing restrictions these existing restrictions
(§506 of the House committee bill).68(§508).83
Needle Exchange Programs: Since FY1990, annual LHHS appropriations have generally Since FY1990, annual LHHS appropriations have generally
included a provision prohibiting any LHHS funds from being used for needle exchange programs included a provision prohibiting any LHHS funds from being used for needle exchange programs
(i.e., programs in which sterile needles or syringes are made available to injection drug users in (i.e., programs in which sterile needles or syringes are made available to injection drug users in
exchange for used needles or syringes to mitigate the spread of related infections, such as exchange for used needles or syringes to mitigate the spread of related infections, such as
hepatitisHepatitis and HIV/AIDS). and HIV/AIDS).
6984 Starting in FY2016, the provision was modified to allow funds to be
80 The same PPHF amounts were directed to these ACL programs by the FY2021 LHHS omnibus and accompanying explanatory statement.
81 Administration for Community Living, Fiscal Year 2022 Justification of Estimates for Appropriations Committees, https://acl.gov/sites/default/files/about-acl/2021-06/FY%202022%20ACL%20Justification%20of%20Estimates%20for%20Appropriations%20Committees_Final.pdf.
82 The current Starting in FY2016, the provision was modified to allow funds to be used for needle exchange programs under the following conditions: (1) federal funds may not be used to purchase the needles, but may be used for other aspects of such programs; (2) the state or local jurisdiction must demonstrate, in consultation with CDC, that they are experiencing, or at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use; and (3) the program must be operating in accordance with state and local law. Both the FY2022 House committee bill and the President’s budget would omit this provision entirely (§527 in the FY2021 LHHS omnibus).
Gun Control: Since FY1997, annual LHHS appropriations have included provisions prohibiting the use of certain funds for activities that advocate or promote gun control. Early versions of these provisions applied only to CDC; since FY2012, annual appropriations acts also have included HHS-specific restrictions, in addition to restrictions that apply to all LHHS funds (including funds transferred from the PPHF). Both the FY2022 House committee bill and the President’s budget would retain these existing restrictions (§210 [HHS] and §503(c) [all LHHS, plus PPHF transfers]).70
67 These provisions are commonly referred to as the Hyde and Weldon Amendments. For additional information, see provisions are commonly referred to as the Hyde and Weldon Amendments. For additional information, see
CRS Report RL33467, CRS Report RL33467,
Abortion: Judicial History and Legislative Response and CRS In Focus IF12167, The Hyde Amendment: An Overview.
83.
68 The current provision is commonly referred to as the Dickey Amendment. For additional information, see CRS The current provision is commonly referred to as the Dickey Amendment. For additional information, see CRS
Report RL33540, Report RL33540,
Stem Cell Research: Science, Federal Research Funding, and Regulatory Oversight. .
6984 The one exception is the FY1992 LHHS appropriations act (P.L. 102-170), which appears to have included no such The one exception is the FY1992 LHHS appropriations act (P.L. 102-170), which appears to have included no such
provision. Since the provision’s inception in FY1990, there has been variation in its scope and application during provision. Since the provision’s inception in FY1990, there has been variation in its scope and application during
certain fiscal years. For example, the LHHS appropriations act for FY1998 (P.L. 105-78) made the ban subject to certain fiscal years. For example, the LHHS appropriations act for FY1998 (P.L. 105-78) made the ban subject to
action by the HHS Secretary. The LHHS appropriations acts for FY2010 (P.L. 111-117, Division D) and FY2011 (P.L. action by the HHS Secretary. The LHHS appropriations acts for FY2010 (P.L. 111-117, Division D) and FY2011 (P.L.
112-10, Division B) applied the ban only in locations that local authorities determined to be inappropriate.112-10, Division B) applied the ban only in locations that local authorities determined to be inappropriate.
70 The FY2022 House committee report directs that $25 million apiece ($50 million total) be allocated by the CDC and NIH for Firearm Injury and Mortality Prevention Research (H.Rept. 117-96.). CDC and NIH funding reservations for Firearm Injury and Mortality Prevention were first included in LHHS explanatory statements in FY2020.
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Table 6. HHS Appropriations Totals by Agency
(In millions of dollars)
FY2022
House
FY2021
FY2022
Cmte.
FY2022
HHS Agency
Enacted
Request
(H.R. 4502)
Enacted
HRSA
7,484
8,151
9,062
Mandatory BA
266
317
317
Discretionary BA
7,218
7,834
8,745
CDCa
7,019
8,510
9,668
Mandatory BA
55
55
55
Discretionary BA
6,963
8,455
9,613
Evaluation Tap Fundingb
0
139
0
PPHFc
856
903
903
NIHa
41,437
50,461
48,162
Mandatory BA
0
0
0
Discretionary BA
41,437
50,461
48,162
Evaluation Tap Fundingb
1,272
1,272
1,272
Nonrecurring Expenses Fund Transferd
225
0
0
SAMHSA
5,870
9,587
9,015
Mandatory BA
0
0
0
Discretionary BA
5,870
9,587
9,015
Evaluation Tap Fundingb
134
134
134
PPHFc
12
12
12
AHRQ
338
353
251
Mandatory BA
0
0
0
Discretionary BA
338
353
251
Evaluation Tap Fundingb
0
27
129
CMS
906,627 1,027,439
1,027,439
Mandatory BA
902,150
1,022,250
1,022,250
Discretionary BA
4,477
5,189
5,189
ACF
41,190
46,943
47,624
Mandatory BA
16,496
16,302
16,302
Discretionary BA
24,695
30,641
31,321
ACL
2,258
3,009
3,105
Mandatory BA
0
0
0
Discretionary BA
2,258
3,009
3,105
Evaluation Tap Fundingb
0
17
0
PPHFc
28
28
28
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
HHS Agency
Enacted
Request
(H.R. 4502)
Enacted
Office of the Secretary (OS)
4,359
5,101
5,101
Mandatory BA
653
657
657
Discretionary BA
3,706
4,444
4,445
Evaluation Tap Fundingb
65
171
161
Total, HHS BA in the Bill
1,016,583 1,159,554
1,159,426
Mandatory
919,620 1,039,581
1,039,581
Discretionary
96,963
119,973
119,845
Emergency Funding (not included
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used for needle exchange programs under the following conditions: (1) federal funds may not be used to purchase the needles, but may be used for other aspects of such programs; (2) the state or local jurisdiction must demonstrate, in consultation with CDC, that they are experiencing, or at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use; and (3) the program must be operating in accordance with state and local law. Both the FY2022 President’s budget and House committee bill would have omitted this provision entirely, but the FY2022 LHHS omnibus retained these existing restrictions and conditions (§526).
Gun Control: Since FY1997, annual LHHS appropriations have included provisions prohibiting the use of certain funds for activities that advocate or promote gun control. Early versions of these provisions applied only to CDC; since FY2012, annual appropriations acts also have included HHS-specific restrictions, in addition to restrictions that apply to all LHHS funds (including funds transferred from the PPHF). FY2022 omnibus retained these existing restrictions (§210 [HHS] and §503(c) [all LHHS, plus PPHF transfers]).85
Table 6. HHS Appropriations Totals by Agency
(in millions of dollars)
FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
HHS Agency
Enacted
Request
4502)
Enacted
HRSA
7,484
8,151
9,062
8,892
Mandatory BA
266
317
317
317
Discretionary BA
7,218
7,834
8,745
8,575
CDCa
7,019
8,510
9,668
7,554
Mandatory BA
55
55
55
55
Discretionary BA
6,963
8,455
9,613
7,499
Evaluation Tap Fundingb
0
139
0
0
PPHFc
856
903
903
903
NIHa
41,437
50,461
48,162
43,650
Mandatory BA
0
0
0
0
Discretionary BAd
41,437
50,461
48,162
43,650
Evaluation Tap Fundingb
1,272
1,272
1,272
1,309
Nonrecurring Expenses Fund Transfere
225
0
0
0
SAMHSA
5,870
9,587
9,015
6,400
Mandatory BA
0
0
0
0
Discretionary BA
5,870
9,587
9,015
6,400
Evaluation Tap Fundingb
134
134
134
134
85 The FY2022 LHHS explanatory statement directs that $12.5 million apiece ($25 million total) be allocated by the CDC and NIH for Firearm Injury and Mortality Prevention Research (Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2673 and H2678). CDC and NIH funding reservations for Firearm Injury and Mortality Prevention were first included in LHHS explanatory statements in FY2020. The report accompanying the FY2022 House committee bill had proposed that these amounts be doubled to $25 million apiece ($50 million total) (H.Rept. 117-96).
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FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
HHS Agency
Enacted
Request
4502)
Enacted
PPHFc
12
12
12
12
AHRQ
338
353
251
350
Mandatory BA
0
0
0
0
Discretionary BA
338
353
251
350
Evaluation Tap Fundingb
0
27
129
0
CMS
906,627 1,027,439
1,027,439
1,027,148
Mandatory BA
902,150
1,022,250
1,022,250
1,022,250
Discretionary BA
4,477
5,189
5,189
4,898
ACF
41,190
46,944
47,624
46,215
Mandatory BA
16,496
16,303
16,302
16,303
Discretionary BAf
24,695
30,641
31,321
29,912
ACL
2,258
3,009
3,105
2,318
Mandatory BA
0
0
0
0
Discretionary BA
2,258
3,009
3,105
2,318
Evaluation Tap Fundingb
0
17
0
0
PPHFc
28
28
28
28
Office of the Secretary (OS)
4,359
5,101
5,101
5,697
Mandatory BA
653
657
657
673
Discretionary BA
3,706
4,444
4,445
5,024
Evaluation Tap Fundingb
65
171
161
129
Total, HHS BA in the Bill
1,016,583 1,159,555
1,159,426
1,148,224
Mandatory
919,620 1,039,582
1,039,581
1,039,599
Discretionary
96,963
119,973
119,845
108,625
Emergency Funding (not in above totals)
P.L. 116-260, Division H
P.L. 116-260, Division H
6
—
—
—
0.6
-
-
-
P.L. 116-260, Division M
P.L. 116-260, Division M
72
72
,945
—
—
—.9
-
-
-
P.L. 117-
P.L. 117-
31
25
—
—
—31g
0.0
-
-
-
P.L. 117-43, Divisions A and C
P.L. 117-43, Divisions A and C
—-
—-
—-
4
4
,209.2
P.L. 117-58, Division J
P.L. 117-58, Division J
—-
—-
—
100-
0.5
P.L. 117-70, Division B
P.L. 117-70, Division B
—
—
—
1,272
Memoranda (non-emergency funds only)
-
-
-
1.3
P.L. 117-128, Title IV
-
-
-
1.0
P.L. 117-159, Division B
-
-
-
1.0
Memoranda (non-emergency funds only)
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Labor, Health and Human Services, and Education: FY2022 Appropriations
FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
HHS Agency
Enacted
Request
4502)
Enacted
Total, BA Available in Fiscal Year (current year
Total, BA Available in Fiscal Year (current year
1,007,753
1,007,753
1,142,
1,142,
464465
1,142,337
1,142,337
1,131,134
from any bil )
from any bil )
Total, BA Advances for Future Years (provided in
Total, BA Advances for Future Years (provided in
153,132
153,132
170,222
170,222
170,222
170,222
170,222
current bil )
current bil )
Total, BA Advances from Prior Years (for use in
Total, BA Advances from Prior Years (for use in
144,303
144,303
153,132
153,132
153,132
153,132
153,132
current year
current year
)e )
Total, Additional Scorekeeping Adjustments
Total, Additional Scorekeeping Adjustments
-21,
-21,
443748
-25,262
-25,262
-14,676
-14,676
-13,790
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with consistency with
source materials, amounts in this figure generally do not reflect mandatory spending sequestration, where source materials, amounts in this figure generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. CRS applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. CRS
calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L.
114-255), as amended. 114-255), as amended.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees (e.g., department totals do not include funding for the Food and Drug Administration, appropriations committees (e.g., department totals do not include funding for the Food and Drug Administration,
the Indian Health Service, or the Agency for Toxic Substances and Disease Registry, all of which are funded by the Indian Health Service, or the Agency for Toxic Substances and Disease Registry, all of which are funded by
other bil s); and (4) do not include appropriations that occur outside of appropriations bil s. other bil s); and (4) do not include appropriations that occur outside of appropriations bil s.
a. Each year, CDC and NIH also receive funding in the Interior-Environment appropriations bil as part of their a. Each year, CDC and NIH also receive funding in the Interior-Environment appropriations bil as part of their
overall budget authority.
overall budget authority.
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b. By convention, this table shows only the amount of PHS Evaluation Tap funds received by an agency, not the b. By convention, this table shows only the amount of PHS Evaluation Tap funds received by an agency, not the
amount of tap funds donated by an agency. That is to say, tap amounts shown in this table are
amount of tap funds donated by an agency. That is to say, tap amounts shown in this table are
in addition to amounts shown for budget authority, but the amounts shown for budget authority have not been adjusted amounts shown for budget authority, but the amounts shown for budget authority have not been adjusted
to reflect potential “transfer-out” of funds to the tap. to reflect potential “transfer-out” of funds to the tap.
c. PPHF funds are not appropriated in the LHHS bil , but are shown here for il ustrative purposes as they may
c. PPHF funds are not appropriated in the LHHS bil , but are shown here for il ustrative purposes as they may
be used to supplement the funding selected agencies and programs receive through the appropriations
be used to supplement the funding selected agencies and programs receive through the appropriations
process. Amounts shown for PPHF in this table are process. Amounts shown for PPHF in this table are
in addition to amounts shown for budget authority. amounts shown for budget authority.
d
d
. When adding the $1.0 bil ion appropriation for the new Advanced Research Projects Agency for Health
(ARPA-H)—which the HHS Secretary placed within NIH after enactment of FY2022 LHHS funding—the NIH’s FY2022 discretionary budget authority was $44.7 bil ion.
e. The Nonrecurring Expenses Fund (NEF) was established by the Consolidated Appropriations Act of 2008, . The Nonrecurring Expenses Fund (NEF) was established by the Consolidated Appropriations Act of 2008,
to enable the HHS Secretary to repurpose certain unobligated balances of expired discretionary funds
to enable the HHS Secretary to repurpose certain unobligated balances of expired discretionary funds
appropriated to HHS from the General Fund. The FY2021 omnibus specified that HHS appropriated to HHS from the General Fund. The FY2021 omnibus specified that HHS
must transfer $225 transfer $225
mil ion to the building and facilities account at NIH. Amounts shown for the NEF transfer are mil ion to the building and facilities account at NIH. Amounts shown for the NEF transfer are
in addition to amounts shown for budget authority. amounts shown for budget authority.
e. FY2022 advance appropriations enacted in prior fiscal years are listed in the FY2022 Request and FY2022
House Cmte. columns. f.
Of the total FY2022 enacted for Refugee and Entrant Assistance Programs, $1.6 bil ion was enacted as part of the second continuing resolution for FY2022, P.L. 117-70, for the Unaccompanied Alien Children program.
g. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions (the unit of measure used in this table).
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Table 7. HHS Discretionary Appropriations for Selected
Programs or Activities, by Agency
(
(
Inin millions of dollars) millions of dollars)
FY2022
House Cmte.
FY2021
FY2022
Cmte(H.R.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
HRSA
Community Health Centers
Community Health Centers
1,
1,
683684
1,
1,
733734
1,
1,
831
832
1,749
National Health Service Corps
National Health Service Corps
120
120
185
185
185
185
122
Children’s Hospitals Graduate Medical Education
Children’s Hospitals Graduate Medical Education
350
350
350
350
400
400
375
Maternal & Child Health Block Grant
Maternal & Child Health Block Grant
713
713
823
823
869
869
748
Autism and Other Developmental Disorders
Autism and Other Developmental Disorders
53
53
57
57
57
57
54
Healthy Start
Healthy Start
128
128
128
128
145
145
132
Ryan White AIDS Programs
Ryan White AIDS Programs
2,424
2,424
2,555
2,555
2,655
2,655
2,495
Organ Transplantation
Organ Transplantation
29
29
29
29
34
34
30
Telehealth
Telehealth
34
34
37
37
39
39
35
Rural Communities Opioid Response
Rural Communities Opioid Response
110
110
165
165
140
140
135
Family Planning (Title X)
Family Planning (Title X)
286
286
340
340
400
400
286
CDC
Immunization and Respiratory Diseases
Immunization and Respiratory Diseases
449
449
527
527
532
532
449
PPHFa
372
419
419
419
HIV/AIDS, Viral Hepatitis, STDs, TB Prevention
HIV/AIDS, Viral Hepatitis, STDs, TB Prevention
1,314
1,314
1,421
1,421
1,502
1,502
1,345
Emerging and Zoonotic Infectious Diseases
Emerging and Zoonotic Infectious Diseases
596
596
626
626
674
674
641
PPHFa
52
52
52
52
Chronic Disease Prevention and Health Promotion
Chronic Disease Prevention and Health Promotion
1,022
1,022
1,198
1,198
1,302
1,302
1,084
PPHFa
255
255
255
255
Birth Defects and Developmental Disabilities
Birth Defects and Developmental Disabilities
168
168
173
173
187
187
177
Public Health Scientific Services
Public Health Scientific Services
592
592
610
610
757
757
Environmental Health
206
309
326
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
PPHFa
17
17
17
652
Evaluation Tap Fundingb
0
132
0
0
Environmental Health
206
309
326
210
PPHFa
17
17
17
17
Evaluation Tap Fundingb
0
7
0
0
Injury Prevention and Control
Injury Prevention and Control
683
683
1,103
1,103
1,064
1,064
715
National Institute for Occupational Safety and
National Institute for Occupational Safety and
345
345
345
345
360
360
352
Health
Health
Evaluation Tap Fundingb
345
345
360
Global Health
593
698
843
CDC Global Health
593
698
843
647
Buildings and Facilities
30
55
55
30
CDC-Wide Activities and Program Support Wide Activities and Program Support
124
124
549
549
1,149
1,149
Buildings and Facilities
30
55
55
334
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FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency or Selected Program
Enacted
Request
4502)
Enacted
NIH
National Institute of Allergy and Infectious
National Institute of Allergy and Infectious
Diseases
6,070
6,070
6,246
6,246
6,558
6,558
Diseases
6,323
National Institute of General Medical Sciences
National Institute of General Medical Sciences
1,720
1,720
1,825
1,825
1,868
1,868
1,783
Evaluation Tap Funding
1,272
1,272
1,272
National Institute of Child Health and Human
1,590
1,942
1,690
Development
National Institute on Aging
3,899
4,036
4,258
National Institute of Arthritis and Musculoskeletal
634
680
679
and Skin Diseases
1,309
National Institute on Aging
3,899
4,036
4,258
4,220
National Institute on Drug Abuse
National Institute on Drug Abuse
1,480
1,480
1,853
1,853
1,860
1,860
National Center for Complementary and
154
184
185
Integrative Health
National Institute on Minority and Health
391
652
662
Disparities
1,595
National Institute of Minority Health and Health
391
652
662
459
Disparities
NIH Innovation Account
109
150
150
150
Advanced Research Projects Agency for Health
Advanced Research Projects Agency for Health
0
0
6,500
6,500
3,000
3,000
0
(ARPA-
(ARPA-
H)c H)
Buildings and Facilities
200
250
250
SAMHSA
Mental Health Programs of Regional & National
Mental Health Programs of Regional & National
475
475
659
659
727
727
587
Significance (PRNS)
Significance (PRNS)
PPHFPPHFa
12
12
12
12
Mental Health Block Grant
Mental Health Block Grant
737
737
1,562
1,562
1,562
1,562
837
Evaluation Tap Fundingb
21
21
21
21
Certified Community Behavioral Health Clinics
Certified Community Behavioral Health Clinics
250
250
375
375
375
375
315
Children’s Mental Health
Children’s Mental Health
125
125
125
125
150
150
125
Substance Abuse Treatment PRNS
Substance Abuse Treatment PRNS
495
495
649
649
652
652
520
Evaluation Tap Fundingb
2
2
2
2
Substance Abuse Block Grant
Substance Abuse Block Grant
1,779
1,779
3,429
3,429
2,779
2,779
1,829
Evaluation Tap Fundingb
79
79
79
79
Evaluation Tap Fundingb
79
79
79
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
State Opioid Response Grants
State Opioid Response Grants
1,500
1,500
2,250
2,250
2,000
2,000
1,525
Substance Abuse Prevention PRNS
Substance Abuse Prevention PRNS
208
208
217
217
244
244
218
Health Surveillance and Support
Health Surveillance and Support
129
129
139
139
212
212
260
Evaluation Tap Fundingb
31
31
31
31
AHRQ
Research on Health Costs, Quality, and Outcomes
Research on Health Costs, Quality, and Outcomes
197
208195
210
106
106
206
Evaluation Tap Fundingb
0
2725
129
0
Medical Expenditure Surveys
Medical Expenditure Surveys
7072
72
72
72
72
72
Program Support
Program Support
71
71
71
73 73
73
73
CMS
CMS Program Management
CMS Program Management
3,670
3,670
4,316
4,316
4,316
4,316
4,025
Health Care Fraud and Abuse Control
Health Care Fraud and Abuse Control
807
807
873
873
873
873
873
ACF
ACF
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FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency or Selected Program
Enacted
Request
4502)
Enacted
Low Income Home Energy Assistance Program
Low Income Home Energy Assistance Program
3,750
3,750
3,850
3,850
3,900
3,900
3,800
Formula Grants
Formula Grants
Refugee and Entrant Assistance
Refugee and Entrant Assistance
ProgramsProgramsd
1,910
1,910
4,405
4,405
4,505
4,505
6,425
Child Care and Development Block Grant
Child Care and Development Block Grant
5,911
5,911
7,377
7,377
7,377
7,377
6,165
Head Start
Head Start
10,748
10,748
11,932
11,932
12,182
12,182
11,037
Preschool Development Grants
Preschool Development Grants
275
275
450
450
450
450
290
Child Welfare Services
Child Welfare Services
269
269
275
275
275
275
269
Adoption Opportunities
Adoption Opportunities
44
44
46
46
46
46
48
Community Services Block Grant
Community Services Block Grant
745
745
754
754
800
800
755
ACL
Home & Community-Based Supportive Services
Home & Community-Based Supportive Services
393
393
551
551
551
551
399
Family Caregiver Support Services
Family Caregiver Support Services
189
189
250
250
250
250
194
Nutrition Services Programs
Nutrition Services Programs
952
952
1,341
1,341
1,388
1,388
967
Alzheimer’s Disease
Alzheimer’s Disease
ProgramDemonstrations
13
13
15
15
20
20
15
PPHFa
15
15
15
15
State Health Insurance Program (SHIP)
State Health Insurance Program (SHIP)
52
52
55
55
57
57
53
Paralysis Resource Center
Paralysis Resource Center
10
10
4
4
10
10
10
Evaluation Tap Fundingb
0
7c7
0
0
Limb Loss Resource Center
Limb Loss Resource Center
4
4
1
1
4
4
4
Evaluation Tap Fundingb
0
3
0
0
Developmental Disabilities Programs
Developmental Disabilities Programs
183
183
206
206
209
209
186
WIOA Activities (transferred from ED)
WIOA Activities (transferred from ED)
267
267
311
311
317
317
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Agency or Selected Program
Enacted
Request
(H.R. 4502)
Enacted
273
Office of the Secretary
Office of Nat'l Coord. for Health Information
Office of Nat'l Coord. for Health Information
62
62
0
0
0
0
0
Technology
Technology
Evaluation Tap Fundingb
0
87
87
64
Office of the Inspector General
Office of the Inspector General
80
80
100
100
100
100
82
Public Health and Social Services Emergency Fund
Public Health and Social Services Emergency Fund
2,847
2,847
3,523
3,523
3,518
3,518
3,200
Advanced Research Projects Agency for Health
0
0
0
1,000
(ARPA-H)c
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with consistency with
source materials, amounts in this figure generally do not reflect mandatory spending sequestration, where source materials, amounts in this figure generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to applicable, nor do they reflect any transfers or reprogramming of funds pursuant to
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executive authorities. CRS executive authorities. CRS
calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L. calculations do, however, include LHHS funding provided to HHS pursuant to the 21st Century Cures Act (P.L.
114-255), as amended. 114-255), as amended.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees (e.g., department totals do not include funding for the Food and Drug Administration, appropriations committees (e.g., department totals do not include funding for the Food and Drug Administration,
the Indian Health Service, or the Agency for Toxic Substances and Disease Registry, all of which are funded by the Indian Health Service, or the Agency for Toxic Substances and Disease Registry, all of which are funded by
other bil s); and (4) do not include appropriations that occur outside of appropriations bil s. other bil s); and (4) do not include appropriations that occur outside of appropriations bil s.
a. PPHF funds are not appropriated in the LHHS bil , but are shown here for il ustrative purposes as they may a. PPHF funds are not appropriated in the LHHS bil , but are shown here for il ustrative purposes as they may
be used to supplement the funding selected agencies and programs receive through the appropriations
be used to supplement the funding selected agencies and programs receive through the appropriations
process. Amounts shown for PPHF in this table are process. Amounts shown for PPHF in this table are
in addition to amounts shown for budget authority. amounts shown for budget authority.
b. By convention, this table shows the amount of PHS Evaluation Tap funds received by an agency for a
b. By convention, this table shows the amount of PHS Evaluation Tap funds received by an agency for a
particular program or activity separately from the budget authority appropriated for that program or
particular program or activity separately from the budget authority appropriated for that program or
activity. Tap amounts are activity. Tap amounts are
in addition to amounts shown for budget authority, though the amounts shown for amounts shown for budget authority, though the amounts shown for
budget authority have not been adjusted to reflect potential “transfer-out” of funds to the tap. budget authority have not been adjusted to reflect potential “transfer-out” of funds to the tap.
c.
c.
The PHS tap amount requested for the Paralysis Resource Center is from page 17 of the FY2022 ACL
Congressional Justification, linked at https://acl.gov/about-acl/budget. Although the FY2022 President’s budget and FY2022 House committee bil proposed that ARPA-H funding
be appropriated to the NIH, the $1 bil ion in enacted funding for ARPA-H was ultimately appropriated to the HHS Office of the Secretary (OS). Those funds were subsequently transferred to the NIH when ARPA-H was placed within that operating division by the HHS Secretary. The enacted ARPA-H funding is displayed under the OS in keeping with how it was appropriated in the LHHS omnibus. For background on ARPA-H and its placement, see CRS Report R47074, Advanced Research Projects Agency for Health (ARPA-H): Congressional Action and Selected Policy Issues.
d. Of the total FY2022 enacted for Refugee and Entrant Assistance Programs, $1.6 bil ion was enacted as part
of the second continuing resolution for FY2022, P.L. 117-70, for the Unaccompanied Alien Children program.
Department of Education (ED)
Note that amounts in this section are based on regular LHHS appropriations only. They do not Note that amounts in this section are based on regular LHHS appropriations only. They do not
include mandatory funds provided outside of the annual appropriations process (e.g., direct include mandatory funds provided outside of the annual appropriations process (e.g., direct
appropriations for the Federal Direct Student Loan program and the mandatory portion of the appropriations for the Federal Direct Student Loan program and the mandatory portion of the
Federal Pell Grant program). Amounts are rounded Federal Pell Grant program). Amounts are rounded
(e.g., to the nearest millionto the nearest million
or billion (), as labeledas labeled
). . The dollar and percentage changes discussed are based on unrounded amounts. For consistency The dollar and percentage changes discussed are based on unrounded amounts. For consistency
with source materials, amounts do not reflect sequestration or reestimates of mandatory spending with source materials, amounts do not reflect sequestration or reestimates of mandatory spending
programs, where applicable. programs, where applicable.
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About ED
Federal policymakers established the U.S. Department of Education in 1980.Federal policymakers established the U.S. Department of Education in 1980.
7186 Its mission is to Its mission is to
“promote student achievement and preparation for global competitiveness by fostering “promote student achievement and preparation for global competitiveness by fostering
educational excellence and ensuring equal access.”educational excellence and ensuring equal access.”
7287 Typically, about three-quarters of ED’s Typically, about three-quarters of ED’s
discretionary appropriations go either to local educational agencies—which primarily use the discretionary appropriations go either to local educational agencies—which primarily use the
funds to provide educational and related services for economically disadvantaged students and funds to provide educational and related services for economically disadvantaged students and
students with disabilities—or to low-income postsecondary students in the form of Pell Grants, students with disabilities—or to low-income postsecondary students in the form of Pell Grants,
which help pay for college. The remainder of ED’s discretionary budget provides for a wide which help pay for college. The remainder of ED’s discretionary budget provides for a wide
86 ED in its current incarnation became a department in 1980 pursuant to the Department of Education Organization Act (enacted on October 17, 1979). However, the department dates its origins to 1867. See U.S. Department of Education, “About ED: The Federal Role in Education,” http://www2.ed.gov/about/overview/fed/role.html. 87 U.S. Department of Education, “About ED,” http://www2.ed.gov/about/landing.jhtml, accessed on June 24, 2022.
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range of activities, including (but not limited to) support for minority-serving institutions; range of activities, including (but not limited to) support for minority-serving institutions;
educational research; and career, technical, and adult education. educational research; and career, technical, and adult education.
The federal government provides roughly 8% of overall funding for elementary and secondary
The federal government provides roughly 8% of overall funding for elementary and secondary
education in the United States.education in the United States.
7388 The majority of school funding—about 92%—comes from states The majority of school funding—about 92%—comes from states
and local districts, which have primary responsibility for the provision of elementary and and local districts, which have primary responsibility for the provision of elementary and
secondary education. With regard to higher education, the federal government provided roughly secondary education. With regard to higher education, the federal government provided roughly
57% of undergraduate and graduate student aid in academic year (AY) 2020-2021.57% of undergraduate and graduate student aid in academic year (AY) 2020-2021.
7489
FY2022 ED Appropriations Overview
Table 8 displays FY2022 displays FY2022
discretionary and mandatory ED budget authority proposedenacted and proposed funding levels for ED, along with FY2021, along with FY2021 enacted levels. Note that the totals in this table do not include emergency-designated levels. Note that the totals in this table do not include emergency-designated
appropriations. Those amounts are displayed separately, along with the law in which they were appropriations. Those amounts are displayed separately, along with the law in which they were
enacted, at the bottom of the table and are in addition to regular appropriations.enacted, at the bottom of the table and are in addition to regular appropriations.
For a discussion of the COVID-19-related FY2021 supplemental appropriations in Division M of P.L. 116-260, see CRS Report R46775, Overview of COVID-19 LHHS Supplemental Appropriations: FY2020
and FY2021.
Discretionary funds represent the majority of ED’s annual appropriations, accounting for roughly 95% of ED funding.7590
Discretionary funds represent the majority of ED’s annual appropriations, accounting for roughly 95% of the FY2021 and FY2022 enacted levels.91 The FY2022 enacted discretionary ED appropriations were 3.9% higher than FY2021 levels. Proposed discretionary ED appropriations Proposed discretionary ED appropriations
for FY2022 compared to FY2021 would have increased 39.8% under both the President’s budget and House committee bill.
Table 8. ED Appropriations Overview
(in billions of dollars)
FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
Funding
Enacted
Request
4502)
Enacted
Discretionary
73.5
102.8
102.8
76.4
Mandatory
3.7
3.7
3.7
3.7
Total BA in the Bill
77.2
106.5
106.5
80.1
Emergency Funding (not in above totals)
P.L. 116-260, Division Ma
82.0
—
—
—
P.L. 117-58, Division Jb
—
—
—
-0.4
P.L. 117-159, Division Bc
—
—
—
2.1
88for FY2022 would increase under the House committee bill (+39.8%) and the President’s budget (+39.8%) compared to FY2021.
71 ED in its current incarnation became a department in 1980 pursuant to the Department of Education Organization Act (enacted on October 17, 1979). However, the department dates its origins to 1867. See U.S. Department of Education, “About ED: The Federal Role in Education,” http://www2.ed.gov/about/overview/fed/role.html. 72 U.S. Department of Education, “About ED,” http://www2.ed.gov/about/landing.jhtml, accessed on January 10, 2022. 73 U.S. Department of Education, National Center for Education Statistics, U.S. Department of Education, National Center for Education Statistics,
Revenues and Expenditures for Public
Elementary and Secondary Education: FY19 (NCES 2021-302), June 2021FY20 (NCES 2022-301), May 2022, https://nces.ed.gov/, https://nces.ed.gov/
pubs2021/2021302.pdf.
74pubs2022/2022301.pdf.
89 For the purposes of this calculation, the federal contribution included $134 billion (grants, loans, work-study, and tax For the purposes of this calculation, the federal contribution included $134 billion (grants, loans, work-study, and tax
benefits) out of a total of $235 billion (federal aid, state aid, institutional grants, and private and employer-provided benefits) out of a total of $235 billion (federal aid, state aid, institutional grants, and private and employer-provided
grants). See the College Board’s grants). See the College Board’s
Trends in College Pricing and Student Aid 2021, p. 31, , p. 31,
https://research.collegeboard.org/pdf/trends-college-pricing-student-aid-2021.pdf. https://research.collegeboard.org/pdf/trends-college-pricing-student-aid-2021.pdf.
75 The House Committee funding distribution for ED is reflective, within a few percentage points, of the distribution enacted in FY2021 and proposed in the FY2022 President’s budget.90 For a discussion of the COVID-19-related FY2021 supplemental appropriations in Division M of P.L. 116-260, see CRS Report R46775, Overview of COVID-19 LHHS Supplemental Appropriations: FY2020 and FY2021.
91 The only mandatory ED funding provided in the The only mandatory ED funding provided in the
LHHS Appropriations Act in each of these years is for Vocational Rehabilitation State Grants. This excludes any LHHS Appropriations Act in each of these years is for Vocational Rehabilitation State Grants. This excludes any
rescissions of mandatory appropriations that are used in the appropriations process. rescissions of mandatory appropriations that are used in the appropriations process.
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Table 8. ED Appropriations Overview
(In billions of dollars)
FY2022
FY2021
FY2022
House Cmte.
FY2022
Funding
Enacted
Request
(H.R. 4502)
Enacted
Discretionary
73.5
102.8
102.8
Mandatory
3.7
3.7
3.7
Total BA in the Bill
77.2
106.5
106.5
Emergency Funding (not included in above totals)
P.L. 116-260, Division Ma
82.0
—
—
—
P.L. 117-58, Division Jb
—
—
—
-0.353
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 House Cmte. columns Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Enacted columns are generally drawn from or calculated based on data contained in the explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96)
accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. Enacted accompanying H.R. 4502 Enacted totals (“Total totals (“Total
BA in the Bil ”) for FY2021 BA in the Bil ”) for FY2021
or FY2022 do not include emergency-designated appropriationsdo not include emergency-designated appropriations
provided in Division H or M of P.L. 116-260. For consistency with source materials, amounts in this . For consistency with source materials, amounts in this
tablefigure generally do not reflect mandatory generally do not reflect mandatory
spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant spending sequestration, where applicable, nor do they reflect any transfers or reprogramming of funds pursuant
to executive authorities. to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
a. The Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), included in P.L. 116-a. The Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), included in P.L. 116-
260, provided approximately $82 bil ion for the Education Stabilization Fund.
260, provided approximately $82 bil ion for the Education Stabilization Fund.
b. Section 90007(f)(1) of the Infrastructure Investment and Jobs Act (P.L. 117-58) rescinded $353.4 mil ion of
b. Section 90007(f)(1) of the Infrastructure Investment and Jobs Act (P.L. 117-58) rescinded $353.4 mil ion of
unobligated balances previously made available for the Education Stabilization Fund.
unobligated balances previously made available for the Education Stabilization Fund.
c. Division B of the Bipartisan Safer Communities Act (P.L. 117-59) provided $1.05 bil ion for School
Improvement Programs for FY2022 and $200 mil ion for Safe Schools and Citizenship Education for each fiscal year from FY2022 through FY2026 ($1.0 bil ion total).
Selected ED Highlights
The following sections highlight FY2022 appropriations for selected ED accounts and The following sections highlight FY2022 appropriations for selected ED accounts and
programs.programs.
7692 Table 9 tracks funding levels for major ED budget and appropriations accounts, and tracks funding levels for major ED budget and appropriations accounts, and
selected items within those accounts. selected items within those accounts.
Education for the Disadvantaged
The Education for the Disadvantaged account is the largest account related to elementary and
The Education for the Disadvantaged account is the largest account related to elementary and
secondary education and has been the second largest overall within ED based on funding secondary education and has been the second largest overall within ED based on funding
provided through the annual appropriations process in recent years. Within the account, a provided through the annual appropriations process in recent years. Within the account, a
majority of funds are majority of funds are
appropriated for Grants to Local Educational Agencies, authorized under for Grants to Local Educational Agencies, authorized under
Title I-A of the Elementary and Secondary Education Act (ESEA), as amended by the Every Title I-A of the Elementary and Secondary Education Act (ESEA), as amended by the Every
Student Succeeds Act (ESSA; P.L. 114-95). Title I-A grants provide supplementary educational Student Succeeds Act (ESSA; P.L. 114-95). Title I-A grants provide supplementary educational
76 ED budget materials can be found at https://www2.ed.gov/about/overview/focus/performance.html.
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and related services to low-achieving and other students attending elementary and secondary and related services to low-achieving and other students attending elementary and secondary
schools with relatively high concentrations of students from low-income families, as well as schools with relatively high concentrations of students from low-income families, as well as
eligible students who live in the areas served by these public schools but attend private schools.eligible students who live in the areas served by these public schools but attend private schools.
77
The House committee bill would provide $36.8 billion for the Education for the Disadvantaged account, which would represent a 113.4% increase compared to93
The enacted FY2022 appropriation for the Education for the Disadvantaged account was $18.2 billion, a 5.8% increase over the enacted FY2021 level of the enacted FY2021 level of
$17.2 billion. Of the $$17.2 billion. Of the $
36.8 billion, $36.0 billion would be18.2 billion appropriated for the account, $17.5 billion was provided for Title I-A grants. provided for Title I-A grants.
94 The House committee bill and accompanying report had recommended a funding level of $36.8 billion for the account, with $36.0 billion designated for the Title I-A program.95 President Biden’s FY2022 budget requested The President’s budget would provide $37.2 billion for the Education for the Disadvantaged $37.2 billion for the Education for the Disadvantaged
account, Account, of which $16.5 of which $16.5
billion would be designated
92 ED budget materials can be found at https://www2.ed.gov/about/overview/focus/performance.html. 93 Although Title I-A funds are used to serve eligible private school students, funds remain under the control of public school authorities (i.e., they are not transferred to private schools).
94 See the explanatory statement accompanying the LHHS omnibus (Congressional Record, vol. 168, no. 42, March 9, 2022, p. H2887).
95 See p. 499 of H.Rept. 117-96.
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billion would have been provided for Title I-A grants. Of the remaining funds, $20.0 for Title I-A grants. Of the remaining funds, $20.0
billion would billion would
behave been provided for a new Title I Equity Grants program proposed in the President’s provided for a new Title I Equity Grants program proposed in the President’s
budget. According to the President’s budget, the new program would budget. According to the President’s budget, the new program would
behave been intended to “help address intended to “help address
long-standing funding disparities between under-resourced school districts and their wealthier long-standing funding disparities between under-resourced school districts and their wealthier
counterparts and provide critical new support to advance the President’s commitments to ensure counterparts and provide critical new support to advance the President’s commitments to ensure
teachers at Title I schools are paid competitively, ensure equitable access to rigorous curriculum, teachers at Title I schools are paid competitively, ensure equitable access to rigorous curriculum,
expand access to pre-kindergarten and provide meaningful incentives to examine and address expand access to pre-kindergarten and provide meaningful incentives to examine and address
inequalities in school funding systems.”78 (Although the House committee report expressed support for the equity-related goals in the President’s proposals for this account, it did not set aside funds for this program.79)
Safe Schools and Citizenship Education
The House committee bill would provide $1.67 billion for theinequalities in school funding systems.”96
Safe Schools and Citizenship Education
The Safe Schools and Citizenship Safe Schools and Citizenship
Education account, which would represent a 667.7% increase compared to the enacted FY2021 level of $217 million. The President’s budget would provide $1.65 billion for the account. The Safe Schools and Citizenship EducationEducation account provides funding for activities intended to improve students’ safety and well-being, enhance the educational and developmental outcomes of children in distressed communities, and provide comprehensive services for students, their families, and community members in school settings.97 The account includes several programs authorized under Title account includes several programs authorized under Title
IV-F of the ESEA, as amended: Promise Neighborhoods; Full-Service Community Schools; and IV-F of the ESEA, as amended: Promise Neighborhoods; Full-Service Community Schools; and
School Safety National Activities, including Project Prevent and Project School Safety National Activities, including Project Prevent and Project
SERV. Among ED appropriations accounts, the Safe Schools and Citizenship Education account received the largest percentage increase of funding enacted in the FY2022 LHHS omnibus compared to the FY2021 LHHS omnibus at 66.4%.
The enacted FY2022 appropriation for the Safe Schools and Citizenship Education account was $361 million, up from the enacted level of $217 million in FY2021. The House committee bill recommended $1.7 billion for the account, and the President’s budget requested $1.7 billion for the account. Both SERV.
Of the amount provided in this account for School Safety National Activities ($1.1 billion), both the House committee bill and the President’s budget would the House committee bill and the President’s budget would
designate the majorityhave designated the majority of funds ($1.0 billion) ($1.0 billion)
for school-based mental health services.for school-based mental health services.
The House committee bill would evenly divide this $1 billion in funding between the Mental Health Services Professional Demonstration Grants program, which was first funded by the FY2019 LHHS omnibus, and the School-Based Mental Health Services Grant program, which was first funded by the FY2020 LHHS omnibus. Both programs are intended to increase the number of qualified mental health service providers in schools.80
77 Although Title I-A funds are used to serve eligible private school students, funds remain under the control of public school authorities (i.e., they are not transferred to private schools).
78 Budget of the Unites States Government, Fiscal Year 2022, Appendix, p. 336, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf#page=340.
79 H.Rept. 117-96, p. 262. 80 The FY2022 President’s budget proposes98
Higher Education
The Higher Education account includes numerous grant programs to support postsecondary education authorized under the Higher Education Act of 1965, as amended, and other authorizing statutes. Activities funded under the Higher Education account include aid for institutional development (e.g., grants for minority-serving institutions), other aid for institutions, and assistance for students, among others.
The FY2022 LHHS omnibus provided $3.0 billion for the Higher Education account, a 17.8% increase over the enacted FY2021 level of $2.5 billion. The House committee bill recommended $3.4 billion in discretionary funding for the Higher Education account, which would have been an increase of 35.0% compared to the FY2021 appropriation level, and the President’s budget requested $3.3 billion in discretionary funding, which would have been a 30.2% increase over FY2021 funding.
96 Budget of the Unites States Government, Fiscal Year 2022, Appendix, p. 336, https://www.govinfo.gov/content/pkg/BUDGET-2022-APP/pdf/BUDGET-2022-APP.pdf#page=340.
97 U.S. Department of Education, “Safe Schools and Citizenship Education,” Justification of Appropriation Estimates to the Congress: Fiscal Year 2022, https://www2.ed.gov/about/overview/budget/budget22/justifications/d-ssce.pdf.
98 The FY2022 President’s budget proposed to establish a new School-Based Health Professionals program, within the to establish a new School-Based Health Professionals program, within the
School Improvement Programs account, that would provide formula grants to support increasing the number of health School Improvement Programs account, that would provide formula grants to support increasing the number of health
professionals—including school counselors, nurses, school psychologists, and social workers—at public schools. To professionals—including school counselors, nurses, school psychologists, and social workers—at public schools. To
aid comparability between the President’s budget and the House committee bill, this proposal is reflected in the Safe aid comparability between the President’s budget and the House committee bill, this proposal is reflected in the Safe
Schools and Citizenship Education account in this report. Schools and Citizenship Education account in this report.
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Higher Education
The House committee bill would provide $3.4 billion in discretionary funding for the Higher Education account, which would be an increase of 35.0% compared to the FY2021 appropriation level of $2.5 billion. The President’s budget would provide $3.3 billion in discretionary funding, which would be a 30.2% increase over FY2021 funding. The Higher Education account includes numerous grant programs to support postsecondary education authorized under the Higher Education Act of 1965, as amended, and other authorizing statutes. Activities funded under the Higher Education account include aid for institutional development (e.g., grants for minority-serving institutions), other aid for institutions, and assistance for students, among others.
The largest activity funded under the account is the set of discretionary grant programs—The largest activity funded under the account is the set of discretionary grant programs—
collectively known as the TRIO programs—designed to assist qualified individuals from collectively known as the TRIO programs—designed to assist qualified individuals from
disadvantaged backgrounds with preparing for and completing postsecondary education.disadvantaged backgrounds with preparing for and completing postsecondary education.
81 The House committee report and the President’s budget propose $1.3 99 The FY2022 LHHS omnibus provided $1.1 billion for the TRIO program, a 3.6% increase over the enacted FY2021 level. The House committee bill and the President’s budget both proposed $1.3 billion for the Federal TRIO billion for the Federal TRIO
programs, compared to $1.1 billion provided for FY2021programs, compared to $1.1 billion provided for FY2021
(+18.3%). , which would have been an increase of 18.3%.
For Aid for Institutional For Aid for Institutional
Development, the House committee reportDevelopment, the FY2022 LHHS omnibus provided $885 million, a 12.2% increase over the FY2021 enacted level of $789 million. The House committee bill and the President’s budget and the President’s budget
proposeboth proposed $1.1 billion, an increase of 43.7% over the enacted FY2021 level. $1.1 billion, compared to an FY2021 level of $789 million (+43.7%).
Table 9. Detailed ED Appropriations
(
(
Inin millions of dollars) millions of dollars)
FY2022
House
FY2021
FY2022
Cmte.
FY2022
Account and Selected Program
Enacted
Request
(H.R. 4502)
Enacted
Education for the Disadvantageda
17,227
37,247
36,757
18,230
Grants to Local Educational Agencies
Grants to Local Educational Agencies
16,537
16,537
16,537
16,537
36,037
36,037
Comprehensive Literacy Development Grants
192
192
192
17,537
Impact Aid
1,501
1,541
1,552
1,557
School Improvement Programs
5,444
5,533
5,804
5,596
Supporting Effective Instruction State Grants
Supporting Effective Instruction State Grants
2,143
2,143
2,149
2,149
2,293
2,293
2,170
21st Century Community Learning Centers
21st Century Community Learning Centers
1,260
1,260
1,310
1,310
1,360
1,360
1,290
Student Support and Academic Enrichment Grants
Student Support and Academic Enrichment Grants
1,220
1,220
1,220
1,220
1,305
1,305
1,280
Indian Education
181
186
188
189
Innovation and Improvement
1,114
1,284
1,385
1,301
Safe Schools and Citizenship EducationEducationb
217
1,650
1,666
School Safety National Activitiesb
106
1,116
1,177
361
English Language Acquisition
797
917
1,000
831
Special Education
14,071
17,193
17,200
14,519
Part B—Assistance for Education of all Children with
Part B—Assistance for Education of all Children with
13,335
13,335
16,040
16,040
16,040
16,040
13,753
Disabiliti
Disabiliti
esc
Part C—Infants and Toddlers with Disabilities
Part C—Infants and Toddlers with Disabilities
481,850
731,850
731,850
81482
732
732
496
Rehabilitation Services
3,814
3,895
3,897
3,863
Vocational Rehabilitation State Grants (mandatory)
3,675
3,719
3,719
3,719
Special Institutions for Persons with Disabilities
256
265
265
275
Career, Technical, and Adult Education
2,031
2,184
2,239
2,091
Career and Technical Education
1,342
1,470
1,500
1,387
Student Financial Assistance
24,545
27,545
27,187
24,580
99 Originally, in 1965, there were three such programs—Upward Bound, Student Support Services, and Talent Originally, in 1965, there were three such programs—Upward Bound, Student Support Services, and Talent
Search—that provided a range of student support services, thus the name TRIO. Subsequent legislation authorized Search—that provided a range of student support services, thus the name TRIO. Subsequent legislation authorized
additional programs with a similar purpose, but the TRIO name remains. additional programs with a similar purpose, but the TRIO name remains.
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FY2022
House
FY2021
FY2022
Cmte.
FY2022
Account and Selected Program
Enacted
Request
(H.R. 4502)
Enacted
Rehabilitation Services
3,814
3,895
3,897
Vocational Rehabilitation State Grants (mandatory)
3,675
3,719
3,719
Special Institutions for Persons with Disabilities
256
265
265
Career, Technical, and Adult Education
2,031
2,184
2,239
Career and Technical Education
1,342
1,470
1,500
Student Financial Assistance
24,545
27,545
27,187
Pell maximum grant (non-add)
5,435
5,835
5,835
5,835
Federal Pell Grant Program
Federal Pell Grant Program
22,475
22,475
25,475
25,475
24,725
24,725
22,475
Federal Direct Student Loan Program Account
50
25
25
25
Student Aid Administration
1,854
2,054
2,054
2,034
Higher Education
2,542
3,309
3,431
2,994
Aid for Institutional Development
Aid for Institutional Development
789
789
1,134
1,134
1,134
1,134
885
Federal TRIO Programs
Federal TRIO Programs
1,097
1,097
1,298
1,298
1,298
1,298
1,137
Howard University
251
261
411
344
College Housing & Academic Facilities Loansd
0
0
0
0
HBCU Capital Financing Program Account
48
20
24
20
Institute of Education Sciences
642
737
762
737
Departmental Management
624
694
694
594
Total, ED BA in the Bill
77,212
106,542
106,542
80,143
Subtotal, Mandatory
3,675
3,719
3,719
3,719
Subtotal, Discretionary
73,537
102,823
102,823
76,424
Emergency Funding (not included in above totals)
P.L. 116-260, Division
P.L. 116-260, Division
M Me
82,000
82,000
—
—
—
—
—
—
P.L. 117-58, Division
P.L. 117-58, Division
J Jf
—
—
—
—
—
—
-353
-353
P.L. 117-159, Division Bg
—
—
—
2,050
Memoranda (non-emergency funds only)
Total, BA Available in Fiscal Year (current year from
Total, BA Available in Fiscal Year (current year from
77,212
77,212
106,542
106,542
106,542
106,542
80,143
any bil ) any bil )
Total, BA Advances for Future Years (provided in
Total, BA Advances for Future Years (provided in
22,597
22,597
22,597
22,597
22,597
22,597
22,597
current bil )
current bil )
Total, BA Advances from Prior Years (for use in
Total, BA Advances from Prior Years (for use in
22,597
22,597
22,597
22,597
22,597
22,597
current year)e 22,597
current year)
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The amounts shown for emergency funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with source materials, regular annual appropriations totals generally do not include emergency funds; instead, emergency funds are shown separately and are in addition to the regular annual amounts. For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2022 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502 Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with consistency with
source materials, amounts in this source materials, amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to applicable, nor do they reflect any transfers or reprogramming of funds pursuant to
executive authorities. executive authorities.
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Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
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Non-add amounts are displayed in italics and parentheses; these amounts are not part of the appropriations Non-add amounts are displayed in italics and parentheses; these amounts are not part of the appropriations
totals. totals.
a. The FY2022 Request amount for the Education for the Disadvantaged account includes $20 bil ion for a a. The FY2022 Request amount for the Education for the Disadvantaged account includes $20 bil ion for a
new Title I Equity Grants program proposed in the President’s budget. The House committee bil
new Title I Equity Grants program proposed in the President’s budget. The House committee bil
woulddid not not
include a new Title I Equity Grants program, but it include a new Title I Equity Grants program, but it
would providedid recommend $19.5 bil ion more than the FY2022 $19.5 bil ion more than the FY2022
Request amount for existing Grants to Local Educational Agencies.Request amount for existing Grants to Local Educational Agencies.
A new Title I Equity Grants program was not enacted in the FY2022 LHHS omnibus.
b. The FY2022 President’s budget
b. The FY2022 President’s budget
proposesproposed to establish a new School-Based Health Professionals program, to establish a new School-Based Health Professionals program,
within the School Improvement Programs account, that would provide formula grants to support increasing
within the School Improvement Programs account, that would provide formula grants to support increasing
the number of health professionals—including school counselors, nurses, school psychologists, and social the number of health professionals—including school counselors, nurses, school psychologists, and social
workers—at public schools. To aid comparability between the President’s budget and the House committee workers—at public schools. To aid comparability between the President’s budget and the House committee
bil , bil ,
which recommended funding for a similar purpose within the Safe Schools and Citizenship Education account, this proposal is reflected in the Safe Schools and Citizenship Education account in this report. this proposal is reflected in the Safe Schools and Citizenship Education account in this report.
c. Includes Grants to States Part B and Preschool Grants.
c. Includes Grants to States Part B and Preschool Grants.
d. Actual amount for Col ege Housing & Academic Facilities Loans is $435,000 in each column, which rounds d. Actual amount for Col ege Housing & Academic Facilities Loans is $435,000 in each column, which rounds
to $0 in mil ions (the unit of measure used in this table).
to $0 in mil ions (the unit of measure used in this table).
e.
e.
FY2022 advance appropriations enacted in prior fiscal years are listed in the FY2022 Request and FY2022
House Cmte. columnsThe Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), included in P.L. 116-
260, provided approximately $82 bil ion for the Education Stabilization Fund.
f.
Section 90007(f)(1) of the Infrastructure Investment and Jobs Act (P.L. 117-58) rescinded $353.4 mil ion of unobligated balances previously made available for the Education Stabilization Fund.
g. Division B of the Bipartisan Safer Communities Act (P.L. 117-59) provided $1.05 bil ion for School
Improvement Programs for FY2022 and $200 mil ion for Safe Schools and Citizenship Education for each fiscal year from FY2022 through FY2026 ($1.0 bil ion total). .
Related Agencies
Note that all amounts in this section are based on regular LHHS appropriations only; they do not Note that all amounts in this section are based on regular LHHS appropriations only; they do not
include funds provided outside of the annual appropriations process (e.g., mandatory include funds provided outside of the annual appropriations process (e.g., mandatory
appropriations for Social Security benefit payments). All amounts in this section are rounded appropriations for Social Security benefit payments). All amounts in this section are rounded
(e.g., to to the nearest millionthe nearest million
or billion (), as labeledas labeled
). The dollar changes and percentage changes in the text . The dollar changes and percentage changes in the text
are based on unrounded amounts. For consistency with source materials, amounts do not reflect are based on unrounded amounts. For consistency with source materials, amounts do not reflect
sequestration or re-estimates of mandatory spending programs, where applicable. sequestration or re-estimates of mandatory spending programs, where applicable.
FY2022 Related Agencies Appropriations Overview
Table 10 displays FY2022 proposeddisplays FY2022 proposed
and enacted funding levels for LHHS related agencies, along with funding levels for LHHS related agencies, along with
FY2021 enacted levels. Note that the totals in this table do not include emergency-FY2021 enacted levels. Note that the totals in this table do not include emergency-
designated appropriations and thatdesignated appropriations. Those amounts are generally displayed separately, along with the law in which they were enacted, at the bottom of the table and are in addition to regular appropriations. However, no such appropriations were enacted for the related agencies in FY2021 or FY2022. no such appropriations were enacted for the related agencies in FY2021 or FY2022.
In general, discretionary funding constitutes about 20% of total appropriations for LHHS
In general, discretionary funding constitutes about 20% of total appropriations for LHHS
- related related
agencies each year. agencies each year.
Compared to FY2021,The FY2022 LHHS omnibus increased discretionary appropriations for discretionary appropriations for
related agencies by about 3.3% compared to FY2021. The President’s budget would have increased discretionary appropriations for related agencies by about 9.0%, while the House committee bill would have increased such appropriations by 9.8%. related agencies would be increased in both proposals. The House committee bill would increase them by 9.8% and the President’s budget by 9.0%.
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Table 10. Related Agencies Appropriations Overview
(
(
Inin billions of dollars) billions of dollars)
FY2022
House Cmte.
FY2021
FY2022
House Cmte(H.R.
FY2022
Funding
Enacted
Request
(H.R. 4502)
Enacted
DiscretionaryDiscretionary
15.5
15.5
16.9
16.9
17.0
17.0
Mandatory
16.0
Mandatory
55.3
55.3
57.0
57.0
57.0
57.0
57.0
Total BA in the Bill
70.8
73.8
7474.0
73.0
Emergency Funding (not included in above totals)
—
—
—
—
—
—
—
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with source materials, consistency with source materials,
amounts in this amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where applicable, nor do they generally do not reflect mandatory spending sequestration, where applicable, nor do they
reflect any transfers or reprogramming of funds pursuant to executive authorities. reflect any transfers or reprogramming of funds pursuant to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
The largest share of funding appropriated to related agencies in the LHHS bill consistently goes
The largest share of funding appropriated to related agencies in the LHHS bill consistently goes
to the SSA. When taking into account both mandatory and discretionary funding, SSA usually to the SSA. When taking into account both mandatory and discretionary funding, SSA usually
represents roughly 97% of total appropriations to related agencies in the LHHS bill. The bulk of represents roughly 97% of total appropriations to related agencies in the LHHS bill. The bulk of
mandatory funding provided to SSA from the LHHS bill supports the Supplemental Security mandatory funding provided to SSA from the LHHS bill supports the Supplemental Security
Income (SSI) program, which provides means-tested cash assistance to disabled adults and Income (SSI) program, which provides means-tested cash assistance to disabled adults and
children and to seniors aged 65 or older. children and to seniors aged 65 or older.
When looking exclusively at discretionary funding, SSA
When looking exclusively at discretionary funding, SSA
usually receives about 84received 84.2% of % of
discretionary appropriations for LHHS related agenciesdiscretionary appropriations for LHHS related agencies
in the FY2022 LHHS omnibus. After SSA, the next-largest related . After SSA, the next-largest related
agency in terms of appropriations is usually the Corporation for National and Community Service agency in terms of appropriations is usually the Corporation for National and Community Service
(CNCS), which (CNCS), which
usually accountsaccounted for about for about
21.6% of total appropriations and 7% of total appropriations and 7
.2% of discretionary % of discretionary
appropriations to LHHS related agenciesappropriations to LHHS related agencies
in FY2022. Typically, each of the remaining related agencies . Typically, each of the remaining related agencies
receives less than $1 billion from the annual LHHS appropriations bill. For more information, receives less than $1 billion from the annual LHHS appropriations bill. For more information,
seesee Table 11.
Selected Related Agencies Highlights
The following sections highlight FY2022 appropriations issues for selected related agencies. The following sections highlight FY2022 appropriations issues for selected related agencies.
Table 11 tracks funding levels for these related agencies. tracks funding levels for these related agencies.
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SSA Limitation on Administrative Expenses (LAE)
The SSA LAE account consists mainly of funds that are used by SSA to administer the Social
The SSA LAE account consists mainly of funds that are used by SSA to administer the Social
Security and SSI programs and to support CMS in administering portions of Medicare.Security and SSI programs and to support CMS in administering portions of Medicare.
100 The The
account also contains funds that are specifically set aside for certain program integrity activities, account also contains funds that are specifically set aside for certain program integrity activities,
such as continuing disability reviews (CDRs) and SSI nonmedical redeterminations. The such as continuing disability reviews (CDRs) and SSI nonmedical redeterminations. The
House committee bill proposes $14.1 billion in discretionary funding for the LAE account for FY2022, an increase of $1.1 billion (+8.8%) comparedFY2022 LHHS omnibus provided $13.3 billion to the LAE account, which was an increase of $411 million (+3.2%) relative to the FY2021 enacted level. The President’s request would have provided $1.3 billion (+9.7%) more for the LAE account relative to FY2021, while the House committee bill would have increased LAE funding by $1.1 billion (+8.8%).
Of the $13.3 billion provided to the LAE account for FY2022, $1.7 billion (12.8% of this total) was dedicated to program integrity activities to the FY2021 enacted level. The President’s
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request of $14.2 billion in discretionary funding for FY2022 would provide $1.3 billion (+9.7%) more for the LAE account than the FY2021 enacted level.
As in FY2021, the House committee bill and the President’s request would dedicate about 12% of total funding for the LAE account to program integrity activities in FY2022. The program . The program
integrity portion of the LAE account integrity portion of the LAE account
for FY2022 includesincluded $273 million in base funding subject to $273 million in base funding subject to
the committee allocations pursuant to the FY2022 budget resolution, S.Con.Res. 14, as well as the committee allocations pursuant to the FY2022 budget resolution, S.Con.Res. 14, as well as
additional funding that is effectively exempt from those additional funding that is effectively exempt from those
capsallocations and subject to an annual limit and subject to an annual limit
((
adjustment funding; se; se
e Appendix ATable A-1 for further information). for further information).
Both the House committee bill and the President’s request would provideThe FY2022 LHHS omnibus provided $1.4 billion in adjustment funding, which $1.4 billion in adjustment funding, which
iswas the the
maximum amount permitted for FY2022 under maximum amount permitted for FY2022 under
S.Con.Res. 14. Compared to the FY2021 enacted level of nearly $1.6 billion, the House committee bill and the President’s request would both providethe budget resolution. The combined amount of program integrity funding enacted for FY2022 was $133 million (+8.4%) $133 million (+8.4%)
more than the combined amount enacted for FY2021. Both the FY2021 President’s budget and the House committee bill would have also provided the maximum amountmore in combined program integrity funding for the LAE account for FY2022, reflecting the higher level of adjustment funding permitted for FY2022 of adjustment funding permitted for FY2022
relative to FY2021. .
Corporation for National and Community Service
The CNCS is an independent federal agency that administers a variety of national and community
The CNCS is an independent federal agency that administers a variety of national and community
service programs, such as AmeriCorps and the National Senior Volunteer Corps.service programs, such as AmeriCorps and the National Senior Volunteer Corps.
82 Compared to the FY2021 enacted level of $1.1 billion, the House committee bill would increase total discretionary funding for CNCS by $194101 The FY2022 LHHS omnibus provided $1.2 billion in total CNCS funding, a $30 million (+2.6%) increase from the FY2021 enacted level. The FY2022 President’s budget would have provided $89 million million
(+8.0%) more in total CNCS funding relative to FY2021, while the House committee bill would have increased total CNCS funding by $194 million (+17.3(+17.3%), while the President’s request would increase it by $89 million (+8.0%). %).
National Labor Relations Board (NLRB)
The NLRB is an independent board that enforces provisions in the National Labor Relations Act
The NLRB is an independent board that enforces provisions in the National Labor Relations Act
(NLRA). (NLRA).
Compared to the FY2021 enacted level of $274 million, the House committee bill would increase total discretionary funding for NLRB by $43 million (+15.6%), while the President’s request would increase it by $28 million (+10.1%).
Table 11. Detailed Related Agencies Appropriations
(InThe FY2022 LHHS omnibus maintained the FY2021 funding level for the NLRB of $274 million. The FY2022 President’s budget would have increased funding for the NLRB by $28 million (+10.1%) compared to the FY2021 enacted level, while the House committee bill would have increased funding for the NLRB by $43 million (+15.6%).
The FY2022 LHHS omnibus retained a provision that has been included in the LHHS bill since FY2012 that prohibits any funds appropriated to the NLRB in the bill, or any prior appropriations act, from being used to issue a directive or regulation to provide employees a means of voting through any electronic method in an election determining representation for collective bargaining (§408).
100 See CRS Report R47103, Social Security Administration (SSA) FY2022 Annual Limitation on Administrative Expenses (LAE) Appropriation: In Brief.
101 See CRS Report RL33931, The Corporation for National and Community Service: Overview of Programs and Funding.
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Table 11. Detailed Related Agencies Appropriations
(in millions of dollars) millions of dollars)
FY2022
House
Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency, Program, Project, or Activity
Enacted
Request
4502)
Enacted
Committee for Purchase from People Who Are Blind or
11
12
12
11
Severely Disabled (U.S. AbilityOne Commission)
Corporation for National and Community Service
1,121
1,210
1,315
1,151
(CNCS)
Selected CNCS Programs/Initiatives:
Selected CNCS Programs/Initiatives:
Volunteers in Service to America (VISTA)
Volunteers in Service to America (VISTA)
97
97
104
104
104
104
100
National Senior Volunteer Corps
National Senior Volunteer Corps
225
225
245
245
245
245
231
AmeriCorps State and National Grants
455
501
601
467
National Civilian Community Corps
34
38
38
35
National Service Trust
185
191
196
191
Corporation for Public Broadcasting (CPB)
495
495
585
545
Federal Mediation and Conciliation Service
49
50
50
50
Federal Mine Safety and Health Review Commission
17
18
18
18
Institute of Museum and Library Services (IMLS)
257
265
282
268
Medicare Payment Advisory Commission (MedPAC)
13
13
13
13
Medicaid and CHIP Payment and Access Commission
9
9
9
9
(MACPAC)
National Council on Disability
3
4
4
4
National Labor Relations Board (NLRB)
274
302
317
274
National Mediation Board
14
15
16
15
Occupational Safety and Health Review Commission
13
15
15
14
Railroad Retirement Board (RRB)
147
148
153
147
Dual Benefits (minus tax receipts)
12
10
10
10
Federal Payment to RR Retirement Account (mandatory)a
0
0
0
0
Limitation on Administration
124
125
130
124
Inspector General
12
13
13
13
Social Security Administration (SSA)
68,329
71,293
71,172
70,443
Payments to Social Security Trust Funds (mandatory)
11
11
11
11
Supplemental Security Income (SSI) (mandatory)
55,282
56,982
56,982
56,982
Limitation on Administrative Expenses (LAE)
12,930
14,188
14,067
13,341
AmeriCorps State and National Grants
455
501
601
82 See CRS Report RL33931, The Corporation for National and Community Service: Overview of Programs and
Funding.
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FY2022
House
Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency, Program, Project, or Activity
Enacted
Request
4502)
Enacted
National Civilian Community Corps
34
38
38
National Service Trust
185
191
196
Corporation for Public Broadcasting (CPB)
495
495
585
Federal Mediation and Conciliation Service
49
50
50
Federal Mine Safety and Health Review Commission
17
18
18
Institute of Museum and Library Services (IMLS)
257
265
282
Medicare Payment Advisory Commission (MedPAC)
13
13
13
Medicaid and CHIP Payment and Access Commission
9
9
9
(MACPAC)
National Council on Disability
3
4
4
National Labor Relations Board (NLRB)
274
302
317
National Mediation Board
14
15
16
Occupational Safety and Health Review Commission
13
15
15
Railroad Retirement Board (RRB)
147
148
153
Dual Benefits (minus tax receipts)
12
10
10
Federal Payment to RR Retirement Account (mandatory)a
0
0
0
Limitation on Administration
124
125
130
Inspector General
12
13
13
Social Security Administration (SSA)
68,329
71,293
71,172
Payments to Social Security Trust Funds (mandatory)
11
11
11
Supplemental Security Income (SSI) (mandatory)
55,282
56,982
56,982
Limitation on Administrative Expenses (LAE)
12,930
14,188
14,067
Regular LAE (incl. user fees, non-add)
11,355
12,480
12,359
11,633
Program Integrity (non-add)
1,575
1,708
1,708
1,708
Office of Inspector General
Office of Inspector General
106
106
112
112
112
112
109
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FY2022
House Cmte.
FY2021
FY2022
(H.R.
FY2022
Agency, Program, Project, or Activity
Enacted
Request
4502)
Enacted
Total, Related Agencies BA in the Bill
70,752
73,849
73,961
72,960
Subtotal, Mandatory
55,294
56,993
56,993
56,993
Subtotal, Discretionary
15,459
16,855
16,967
15,967
Emergency Funding (not included in above totals)
—
—
—
—
—
—
—
Memoranda (non-emergency funds only)
Total, BA Available in Fiscal Year (current year from any bil )
Total, BA Available in Fiscal Year (current year from any bil )
71,022
71,022
77,839
77,839
77,861
77,861
76,900
Total, BA Advances for Future Years (provided in current bil )
Total, BA Advances for Future Years (provided in current bil )
20,075
20,075
16,075
16,075
16,165
16,165
16,125
Total, BA Advances from Prior Years (for use in current year
Total, BA Advances from Prior Years (for use in current year
)b )
20,345
20,345
20,065
20,065
20,065
20,065
20,065
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96)
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accompanying the FY2022 House committee bil (H.R. 4502, as reported). For explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. Enacted totals (“Total BA in the Bil ”) for FY2021 or FY2022 do not include emergency-designated appropriations. For consistency with source materials, consistency with source materials,
amounts in this amounts in this
tablefigure generally do not reflect mandatory spending sequestration, where applicable, nor do they generally do not reflect mandatory spending sequestration, where applicable, nor do they
reflect any transfers or reprogramming of funds pursuant to executive authorities. reflect any transfers or reprogramming of funds pursuant to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include all BA appropriated in the bil , regardless of the year in which funds become available (i.e., totals do not include
advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2) advances from prior-year appropriations, but do include advances for subsequent years provided in this bil ); (2)
have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested) have generally not been adjusted to reflect scorekeeping; (3) comprise only those funds provided (or requested)
for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate for agencies and accounts subject to the jurisdiction of the LHHS subcommittees of the House and Senate
appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s. appropriations committees; and (4) do not include appropriations that occur outside of appropriations bil s.
a. The actual amount of mandatory federal payments to the Railroad Retirement account is roughly $150,000 a. The actual amount of mandatory federal payments to the Railroad Retirement account is roughly $150,000
in each column, which rounds to $0 in mil ions (the unit of measure used in this table).
in each column, which rounds to $0 in mil ions (the unit of measure used in this table).
b. FY2022 advance appropriations enacted in prior fiscal years are listed in the FY2022 Request and FY2022
House Cmte. columns.
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Appendix A. Budget Enforcement Activities
The framework for budget enforcement under the congressional budget process has both The framework for budget enforcement under the congressional budget process has both
procedural and statutory elements. The procedural elements are primarily associated with the procedural and statutory elements. The procedural elements are primarily associated with the
budget resolution and limit both total discretionary spending and spending under the jurisdiction budget resolution and limit both total discretionary spending and spending under the jurisdiction
of each appropriations subcommittee. The statutory elements relevant to the LHHS bill include of each appropriations subcommittee. The statutory elements relevant to the LHHS bill include
the mandatory spending sequester derived from the Budget Control Act of 2011 (BCA; P.L. 112-the mandatory spending sequester derived from the Budget Control Act of 2011 (BCA; P.L. 112-
25) and the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA; P.L. 99-25) and the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA; P.L. 99-
177), as amended (most recently by the Infrastructure Investment and Jobs Act (P.L. 117-58), 177), as amended (most recently by the Infrastructure Investment and Jobs Act (P.L. 117-58),
enacted on November 15, 2021. enacted on November 15, 2021.
For the decade prior to FY2022, the framework for discretionary spending budget enforcement
For the decade prior to FY2022, the framework for discretionary spending budget enforcement
included statutory limits on defense and nondefense discretionary spending established by the included statutory limits on defense and nondefense discretionary spending established by the
Budget Control Act of 2011 (BCA; P.L. 112-25).Budget Control Act of 2011 (BCA; P.L. 112-25).
83102 (LHHS appropriations are classified as (LHHS appropriations are classified as
nondefense spending, and the bill has the largest share of such spending compared to the other nondefense spending, and the bill has the largest share of such spending compared to the other
annual appropriations bills.) The BCA statutory limits on discretionary spending expired at the annual appropriations bills.) The BCA statutory limits on discretionary spending expired at the
end of FY2021end of FY2021
. This generally means that, absent the imposition of new statutory limits, , which meant that discretionary budget enforcement for FY2022 discretionary budget enforcement for FY2022
will occuroccurred via procedural means only. via procedural means only.
BCA and Mandatory Sequestration
For deficit-reduction purposes, the BCA (as amended) requires mandatory spending reductions to For deficit-reduction purposes, the BCA (as amended) requires mandatory spending reductions to
occur through sequestration in each of FY2013 through FY2031.occur through sequestration in each of FY2013 through FY2031.
84103
On May 28, 2021, concurrent with the release of the President’s budget submission, President
On May 28, 2021, concurrent with the release of the President’s budget submission, President
Biden issued the required FY2022 sequestration order, calling for nonexempt mandatory Biden issued the required FY2022 sequestration order, calling for nonexempt mandatory
spending to be reduced on October 1, 2021.spending to be reduced on October 1, 2021.
85104 At that time, the Office of Management and Budget At that time, the Office of Management and Budget
(OMB) estimated that the FY2022 sequestration percentages would equal 2% of nonexempt (OMB) estimated that the FY2022 sequestration percentages would equal 2% of nonexempt
Medicare spending and 5.7% of other nonexempt nondefense mandatory spending, for a total Medicare spending and 5.7% of other nonexempt nondefense mandatory spending, for a total
reduction of $23 billion in FY2022.reduction of $23 billion in FY2022.
86105 (OMB also estimated an 8.3% reduction, totaling $1.1 (OMB also estimated an 8.3% reduction, totaling $1.1
billion, in nonexempt defense mandatory spending, which does not affect LHHS funds.) billion, in nonexempt defense mandatory spending, which does not affect LHHS funds.)
The BCA includes a number of statutory exemptions to sequestration and other special rules that
The BCA includes a number of statutory exemptions to sequestration and other special rules that
are relevant for the appropriated mandatory spending in the LHHS bill. For instance, the LHHS are relevant for the appropriated mandatory spending in the LHHS bill. For instance, the LHHS
bill contains several programs that are exempt from sequestration, including Medicaid, payments bill contains several programs that are exempt from sequestration, including Medicaid, payments
to health care trust funds, Supplemental Security Income, Special Benefits for Disabled Coal
83102 The BCA initially imposed limits on discretionary spending for each of FY2012-FY2021. Further reductions to The BCA initially imposed limits on discretionary spending for each of FY2012-FY2021. Further reductions to
discretionary spending for FY2013-FY2021 were triggered when the Joint Committee on Deficit Reduction did not discretionary spending for FY2013-FY2021 were triggered when the Joint Committee on Deficit Reduction did not
report legislation to achieve a specified amount of budgetary savings. report legislation to achieve a specified amount of budgetary savings.
84103 As originally enacted, mandatory sequestration was scheduled to run through FY2021, but this period has As originally enacted, mandatory sequestration was scheduled to run through FY2021, but this period has
subsequently been incrementally extended to subsequently been incrementally extended to
FY2030FY2031 by P.L. 113-67, P.L. 113-82, P.L. 114-74, P.L. 115-123, P.L. by P.L. 113-67, P.L. 113-82, P.L. 114-74, P.L. 115-123, P.L.
116-37, P.L. 116-136, P.L. 117-58. 116-37, P.L. 116-136, P.L. 117-58.
85104 Sequestration Order for Fiscal Year 2022 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Sequestration Order for Fiscal Year 2022 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit
Control Act, As Amended, Federal Register Volume 86, No. 105, June 3, 2021, p. 29927, https://www.govinfo.gov/Control Act, As Amended, Federal Register Volume 86, No. 105, June 3, 2021, p. 29927, https://www.govinfo.gov/
content/pkg/FR-2021-06-03/pdf/2021-11819.pdf. content/pkg/FR-2021-06-03/pdf/2021-11819.pdf.
86105 OMB Report to the Congress on the BBEDCA 251A Sequestration for Fiscal Year 2022, May 28, 2021, , May 28, 2021,
https://www.whitehouse.gov/wp-content/uploads/2021/05/BBEDCA_251A_Sequestration_Report_FY2022.pdf. See https://www.whitehouse.gov/wp-content/uploads/2021/05/BBEDCA_251A_Sequestration_Report_FY2022.pdf. See
the report’s appendix for an itemized list of budget accounts that include mandatory spending subject to sequestration the report’s appendix for an itemized list of budget accounts that include mandatory spending subject to sequestration
in FY2022, the dollar amounts subject to sequestration (based on OMB’s current law baseline), the percentage by in FY2022, the dollar amounts subject to sequestration (based on OMB’s current law baseline), the percentage by
which they would be reduced, and the dollar amount of the reduction. While the report displays reductions at the which they would be reduced, and the dollar amount of the reduction. While the report displays reductions at the
account level, the sequester itself is implemented at the level, the sequester itself is implemented at the
program, project, or activity level. level.
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to health care trust funds, Supplemental Security Income, Special Benefits for Disabled Coal Miners, retirement pay and medical benefits for commissioned Public Health Service officers, Miners, retirement pay and medical benefits for commissioned Public Health Service officers,
foster care and adoption assistance, and certain family support payments. The LHHS bill also foster care and adoption assistance, and certain family support payments. The LHHS bill also
contains several programs that are subject to special rules under sequestration, such as health contains several programs that are subject to special rules under sequestration, such as health
centers and portions of Medicare.centers and portions of Medicare.
87106
Since FY2020, the Medicare sequestration has been temporarily suspended through a series of
Since FY2020, the Medicare sequestration has been temporarily suspended through a series of
laws, starting with the enactment of the CARES Act on May 1, 2020 (P.L. 116-136). The act laws, starting with the enactment of the CARES Act on May 1, 2020 (P.L. 116-136). The act
suspended the Medicare sequestration from May 1, 2020, through December 31, 2020. suspended the Medicare sequestration from May 1, 2020, through December 31, 2020.
Subsequent laws (P.L. 116-260, P.L. 117-7, and P.L. 117-71) extended this suspension through Subsequent laws (P.L. 116-260, P.L. 117-7, and P.L. 117-71) extended this suspension through
March 31, 2022. March 31, 2022.
Budget Resolution, 302(b) Suballocations, and Exceptions to
Budget Enforcement
The procedural elements of budget enforcement generally stem from requirements under the The procedural elements of budget enforcement generally stem from requirements under the
Congressional Budget Act of 1974 (P.L. 93-44) that are associated with the adoption of an annual Congressional Budget Act of 1974 (P.L. 93-44) that are associated with the adoption of an annual
budget resolution. Through this process, the Appropriations Committee in each chamber receives budget resolution. Through this process, the Appropriations Committee in each chamber receives
a procedural limit on the total amount of discretionary budget authority for the upcoming fiscal a procedural limit on the total amount of discretionary budget authority for the upcoming fiscal
year, referred to as a 302(a) allocation. The Appropriations Committee subsequently divides this year, referred to as a 302(a) allocation. The Appropriations Committee subsequently divides this
allocation among its 12 subcommittees. These subcommittee-level spending limits are referred to allocation among its 12 subcommittees. These subcommittee-level spending limits are referred to
as 302(b) suballocations. The 302(b) suballocations restrict the amount of budget authority as 302(b) suballocations. The 302(b) suballocations restrict the amount of budget authority
available to each subcommittee for the agencies, projects, and activities under its jurisdiction, available to each subcommittee for the agencies, projects, and activities under its jurisdiction,
effectively acting as a cap on each of the 12 regular appropriations bills. Enforcement of the effectively acting as a cap on each of the 12 regular appropriations bills. Enforcement of the
302(a) allocation and 302(b) suballocations occurs through points of order. 302(a) allocation and 302(b) suballocations occurs through points of order.
For the past several years, certain spending has been made effectively exempt from discretionary
For the past several years, certain spending has been made effectively exempt from discretionary
budget enforcement (both the previously mentioned statutory spending caps and 302(a) and budget enforcement (both the previously mentioned statutory spending caps and 302(a) and
302(b) limits) by a mechanism that is commonly referred to as an302(b) limits) by a mechanism that is commonly referred to as an
adjustment. An adjustment . An adjustment
increases the applicable spending limit to accommodate additional specified funding. increases the applicable spending limit to accommodate additional specified funding.
Adjustments to the 302(a) and 302(b) limits are typically specified in the budget resolution. For Adjustments to the 302(a) and 302(b) limits are typically specified in the budget resolution. For
FY2011-FY2021, when statutory discretionary spending limits were also in effect pursuant to the FY2011-FY2021, when statutory discretionary spending limits were also in effect pursuant to the
BCA, adjustments to those statutory limits also could be made under Section 251(b) of the BCA, adjustments to those statutory limits also could be made under Section 251(b) of the
BBEDCA.BBEDCA.
88107 However, since those statutory limits expired, any exemptions from budget control However, since those statutory limits expired, any exemptions from budget control
for LHHS programs and activities generally for LHHS programs and activities generally
would bewere pursuant to provisions in the budget pursuant to provisions in the budget
resolution, with certain exceptions. The adjustments that apply to LHHS discretionary funding resolution, with certain exceptions. The adjustments that apply to LHHS discretionary funding
that are currently in effect (pursuant to S.Con.Res. 14, discussed that are currently in effect (pursuant to S.Con.Res. 14, discussed
below89below108) are as follows: ) are as follows:
Emergency requirement. Funding for this adjustment is designated as being . Funding for this adjustment is designated as being
provided
provided for an emergency requirement. There for an emergency requirement. There
isare no criteria that would restrict the use of this no criteria that would restrict the use of this
adjustment to particular accounts or activities, and no dollar limit adjustment to particular accounts or activities, and no dollar limit
to the amount of appropriations each fiscal year that can be designated in this manner. For FY2022,
87106 For more information, see CRS Report R42050, For more information, see CRS Report R42050,
Budget “Sequestration” and Selected Program Exemptions and
Special Rules. .
88107 For further information, see CRS Report R45778, For further information, see CRS Report R45778,
Exceptions to the Budget Control Act’s Discretionary Spending
Limits. .
89108 Section 4011 of S.Con.Res. 14 provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and Section 4011 of S.Con.Res. 14 provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and
Emergency Deficit Control Act) would not apply to allocations established pursuant to that resolution. Although the Emergency Deficit Control Act) would not apply to allocations established pursuant to that resolution. Although the
FY2022 adjustment for reemployment services and eligibility assessments pursuant to Section 314(g) of the FY2022 adjustment for reemployment services and eligibility assessments pursuant to Section 314(g) of the
Congressional Budget Act (CBA) continues to be in effect, the limit on that adjustment in the CBA is the same as that Congressional Budget Act (CBA) continues to be in effect, the limit on that adjustment in the CBA is the same as that
provided by S.Con.Res. 14 ($133 million in additional new budget authority). provided by S.Con.Res. 14 ($133 million in additional new budget authority).
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to the amount of appropriations each fiscal year that can be designated in this manner. FY2022 emergency-designated LHHS spending enacted as of the date of this report has totaled emergency-designated LHHS spending enacted as of the date of this report has totaled
$5.2$7.8 billion. (For FY2021, $156.5 billion in LHHS emergency-designated discretionary billion. (For FY2021, $156.5 billion in LHHS emergency-designated discretionary
spending was enacted, almost all of which related to COVID-19 pandemic response.spending was enacted, almost all of which related to COVID-19 pandemic response.
90109) )
Continuing disability reviews and redeterminations. Funding for this Funding for this
adjustment is for adjustment is for
the costs associated with conducting the costs associated with conducting
redeterminations of eligibility under title XVI of the Social Security Actcontinuing disability reviews, SSI nonmedical redeterminations of eligibility, co-operative disability investigation units, and the prosecution of , co-operative disability investigation units, and the prosecution of
fraud in the programs and operations of the SSA by Special Assistant United States fraud in the programs and operations of the SSA by Special Assistant United States
Attorneys. For FY2022, the amount of this adjustment is limited to $1.4 billion in Attorneys. For FY2022, the amount of this adjustment is limited to $1.4 billion in
additional new budget authority. However, at least $273 million must first be additional new budget authority. However, at least $273 million must first be
appropriated for these purposes, subject to the budget resolution limits, in order for the appropriated for these purposes, subject to the budget resolution limits, in order for the
additional $1.4 billion adjustment to be available. (For FY2021, the amount of the additional $1.4 billion adjustment to be available. (For FY2021, the amount of the
adjustment was $1.3 billion, and the amount adjustment was $1.3 billion, and the amount
of the amount subjectsubject to the limits was $273 the limits was $273
million.)million.)
Health care fraud and abuse control. Funding for this adjustment is for the Funding for this adjustment is for the
health care health care
fraud abuse control program at CMS (in HHS). For FY2022, the amount of this fraud abuse control program at CMS (in HHS). For FY2022, the amount of this
adjustment is limited to $556 million in additional new budget authority. However, at adjustment is limited to $556 million in additional new budget authority. However, at
least $317 million must first be appropriated for these purposes, subject to the budget least $317 million must first be appropriated for these purposes, subject to the budget
resolution limits, in order for the additional $556 million adjustment to be available. (For resolution limits, in order for the additional $556 million adjustment to be available. (For
FY2021, the amount of the adjustment was $496 million, and the amount FY2021, the amount of the adjustment was $496 million, and the amount
of the amount subjectsubject to the limits was $311 million.) the limits was $311 million.)
Reemployment services and eligibility assessments. Funding for this Funding for this
adjustment is for adjustment is for
a DOL program providing grants to states under section 306 of the Social Security Act for a DOL program providing grants to states under section 306 of the Social Security Act for
claimants of regular compensation, as defined in such section, including those who are claimants of regular compensation, as defined in such section, including those who are
profiled as most likely to exhaust their benefits. For FY2022, the amount of this profiled as most likely to exhaust their benefits. For FY2022, the amount of this
adjustment is limited to $133 million in additional new budget authority. However, at adjustment is limited to $133 million in additional new budget authority. However, at
least $117 million must first be appropriated for these purposes, subject to the budget least $117 million must first be appropriated for these purposes, subject to the budget
resolution limits, in order for the additional $133 million adjustment to be available.resolution limits, in order for the additional $133 million adjustment to be available.
91 110 (For FY2021, the amount of the adjustment was $83 million, and the amount subject (For FY2021, the amount of the adjustment was $83 million, and the amount subject
to the the
limits was $117 million.)limits was $117 million.)
Separate from these cap adjustments, the 21st Century Cures Act (Cures Act, P.L. 114-255), which
Separate from these cap adjustments, the 21st Century Cures Act (Cures Act, P.L. 114-255), which
was enacted on December 13, 2016, includes additional budget enforcement procedures related to was enacted on December 13, 2016, includes additional budget enforcement procedures related to
the discretionary spending limits.the discretionary spending limits.
92111 For the purposes of FY2022 LHHS appropriations, these For the purposes of FY2022 LHHS appropriations, these
procedures apply only to the NIH Innovation Account that was created by the act.procedures apply only to the NIH Innovation Account that was created by the act.
93 The Cures Act provides that discretionary appropriations from this account (up to the amount authorized) are 112 The Cures
90109 For further information, see CRS Report R46775, For further information, see CRS Report R46775,
Overview of COVID-19 LHHS Supplemental Appropriations:
FY2020 and FY2021. .
91110 Unlike the other adjustments, the reemployment services and eligibility assessments adjustment has separately been Unlike the other adjustments, the reemployment services and eligibility assessments adjustment has separately been
established in Section 314(g) of the CBA, which continues to be in effect. However, the FY2022 limit on that established in Section 314(g) of the CBA, which continues to be in effect. However, the FY2022 limit on that
adjustment in the CBA is the same as that provided by the adjustment in S.Con.Res. 14 ($133 million in additional new adjustment in the CBA is the same as that provided by the adjustment in S.Con.Res. 14 ($133 million in additional new
budget authority). budget authority).
92111 These procedures originally applied to two accounts within the scope of the LHHS bill that were created by the Cures These procedures originally applied to two accounts within the scope of the LHHS bill that were created by the Cures
Act: the NIH Innovation Account (FY2017-FY2026) and the Account for the State Response to the Opioid Abuse Act: the NIH Innovation Account (FY2017-FY2026) and the Account for the State Response to the Opioid Abuse
Crisis (FY2017-FY2018). These procedures have lapsed for the State Response to the Opioid Abuse Crisis account as Crisis (FY2017-FY2018). These procedures have lapsed for the State Response to the Opioid Abuse Crisis account as
of the end of FY2018, but are still in effect for the NIH Innovation Account through FY2026. of the end of FY2018, but are still in effect for the NIH Innovation Account through FY2026.
93112 The 21st Century Cures Act also created a non-LHHS account—the FDA Innovation Account—and made it subject The 21st Century Cures Act also created a non-LHHS account—the FDA Innovation Account—and made it subject
to similar budget enforcement-related provisions. For more information, see CRS Report R44720, to similar budget enforcement-related provisions. For more information, see CRS Report R44720,
The 21st Century
Cures Act (Division A of P.L. 114-255). .
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Labor, Health and Human Services, and Education: FY2022 Appropriations
Act provides that discretionary appropriations from this account (up to the amount authorized) are to be subtracted from any cost estimates provided for purposes of budget controls. Thus, the to be subtracted from any cost estimates provided for purposes of budget controls. Thus, the
Cures Act ensures that appropriations from this account will not count against any spending Cures Act ensures that appropriations from this account will not count against any spending
limits, such as those associated with the budget resolution. For FY2022, these Cures Act funds limits, such as those associated with the budget resolution. For FY2022, these Cures Act funds
allowed in the LHHS bill total $496 million. allowed in the LHHS bill total $496 million.
FY2022 Budget Resolution
A FY2022 budget resolution
A FY2022 budget resolution
has beenwas agreed to by the House and the Senate. S.Con.Res. 14 was agreed to by the House and the Senate. S.Con.Res. 14 was
adopted by the Senate on August 11, 2021, and by the House (without amendment) on August 24. adopted by the Senate on August 11, 2021, and by the House (without amendment) on August 24.
To provide for 302(a) allocations associated with S.Con.Res. 14, Section 4006 of the budget To provide for 302(a) allocations associated with S.Con.Res. 14, Section 4006 of the budget
resolution provided the Chair of the Senate Budget Committee the authority to enter into the resolution provided the Chair of the Senate Budget Committee the authority to enter into the
Congressional Record allocations consistent with the levels in the budget resolution. Those levels allocations consistent with the levels in the budget resolution. Those levels
were filed in the Senate on September 23, 2021.were filed in the Senate on September 23, 2021.
94113 Section 4006 provided similar authority to the Section 4006 provided similar authority to the
Chair of the House Budget Committee and those allocations were filed on October 27, 2021.Chair of the House Budget Committee and those allocations were filed on October 27, 2021.
95114 In In
addition, S.Con.Res. 14 allowed adjustments to those allocations for emergency requirements, addition, S.Con.Res. 14 allowed adjustments to those allocations for emergency requirements,
health care fraud and abuse control, continuing disability reviews and redeterminations, and health care fraud and abuse control, continuing disability reviews and redeterminations, and
reemployment services and eligibility assessments (as well as other purposes that do not apply to reemployment services and eligibility assessments (as well as other purposes that do not apply to
LHHS). With the exception of emergency requirements, all of these adjustments are subject to LHHS). With the exception of emergency requirements, all of these adjustments are subject to
limits specified in S.Con.Res. 14.limits specified in S.Con.Res. 14.
96115 Neither the House nor the Senate Neither the House nor the Senate
has filed 302(b) filed 302(b)
suballocations pursuant to the FY2022 budget resolution. suballocations pursuant to the FY2022 budget resolution.
Earlier in 2021, the House provided for budget enforcement in the absence of a budget resolution
Earlier in 2021, the House provided for budget enforcement in the absence of a budget resolution
prior to initial floor consideration of the FY2022 appropriations measures by adopting a deeming prior to initial floor consideration of the FY2022 appropriations measures by adopting a deeming
resolution, H.Res. 467, on June 14, 2021.resolution, H.Res. 467, on June 14, 2021.
97116 This resolution provided for 302(a) allocations to the This resolution provided for 302(a) allocations to the
House Appropriations Committee at a specified level, provided limits on advance House Appropriations Committee at a specified level, provided limits on advance
appropriations,appropriations,
98117 and allowed adjustments to those allocations for emergency requirements, health and allowed adjustments to those allocations for emergency requirements, health
care fraud and abuse control, and continuing disability reviews and redeterminations (as well as care fraud and abuse control, and continuing disability reviews and redeterminations (as well as
other purposes that do not apply to LHHS).other purposes that do not apply to LHHS).
99118 Pursuant to this resolution, the Chair of the House Pursuant to this resolution, the Chair of the House
Budget Committee, Representative Yarmuth, published in the Budget Committee, Representative Yarmuth, published in the
Congressional Record the the
House Appropriations Committee allocations on June 24.119 The House Appropriations House
94113 “Publication of Budgetary Material,” “Publication of Budgetary Material,”
Congressional Record, daily edition, Vol. 167, No. 165 (September 23, 2021), , daily edition, Vol. 167, No. 165 (September 23, 2021),
pp. S6667-S6668. pp. S6667-S6668.
95114 Publication of Budgetary Material,” Publication of Budgetary Material,”
Congressional Record, daily edition, Vol. 167, No. 189 (October 27, 2021), pp. , daily edition, Vol. 167, No. 189 (October 27, 2021), pp.
H5956-H5957. H5956-H5957.
96115 Section 4011 of S.Con.Res. 14 provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and Section 4011 of S.Con.Res. 14 provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and
Emergency Deficit Control Act) would not apply to allocations established pursuant to that resolution. Although the Emergency Deficit Control Act) would not apply to allocations established pursuant to that resolution. Although the
FY2022 adjustment for reemployment services and eligibility assessments pursuant to Section 314(g) of the FY2022 adjustment for reemployment services and eligibility assessments pursuant to Section 314(g) of the
Congressional Budget Act (CBA) continues to be in effect, the limit on that adjustment in the CBA is the same as that Congressional Budget Act (CBA) continues to be in effect, the limit on that adjustment in the CBA is the same as that
provided by S.Con.Res. 14 ($133 million in additional new budget authority). provided by S.Con.Res. 14 ($133 million in additional new budget authority).
97116 For a discussion of budget enforcement through methods such as H.Res. 467, see CRS Report R44296, For a discussion of budget enforcement through methods such as H.Res. 467, see CRS Report R44296,
Deeming
Resolutions: Budget Enforcement in the Absence of a Budget Resolution. .
98117 Advance appropriations become available for obligation one or more fiscal years after the budget year covered by become available for obligation one or more fiscal years after the budget year covered by
the appropriations actthe appropriations act
. The FY2022 LHHS appropriations bill generally would contain advance appropriations for The FY2022 LHHS appropriations bill generally would contain advance appropriations for
FY2023 and FY2024 for certain programs and activities. For further information, see CRS Report R43482, FY2023 and FY2024 for certain programs and activities. For further information, see CRS Report R43482,
Advance
Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations. .
99118 H.Res. 467 further provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and Emergency H.Res. 467 further provided that the BCA cap adjustments (Section 251(b) of the Balanced Budget and Emergency
Deficit Control Act) would not apply to allocations established pursuant to that resolution. However, the adjustment for Deficit Control Act) would not apply to allocations established pursuant to that resolution. However, the adjustment for
reemployment services and eligibility assessments would continue to be in effect for FY2022 through FY2027 pursuant reemployment services and eligibility assessments would continue to be in effect for FY2022 through FY2027 pursuant
to Section 314(g) of the Congressional Budget Act, subject to specified limits. to Section 314(g) of the Congressional Budget Act, subject to specified limits.
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Appropriations Committee allocations on June 24.100 The House Appropriations Committee Committee reported their initial 302(b) suballocations for all 12 subcommittees on July 1 (H.Rept. 117-78).reported their initial 302(b) suballocations for all 12 subcommittees on July 1 (H.Rept. 117-78).
101120
For current-year LHHS discretionary funding
For current-year LHHS discretionary funding
, Table A-1 displays FY2021 enacted levelsdisplays FY2021 enacted levels
and, the the
House FY2022 initial suballocations (pursuant to H.Res. 467)House FY2022 initial suballocations (pursuant to H.Res. 467)
, and FY2022 enacted levels. The amount shown represents . The amount shown represents
current-year budget authority subject to the spending limits and takes into account any applicable current-year budget authority subject to the spending limits and takes into account any applicable
CBO scorekeeping adjustments. Under this method of estimating the bill, CBO scorekeeping adjustments. Under this method of estimating the bill,
theFY2022 enacted appropriations increased regular discretionary appropriations for LHHS relative to FY2021 by 13% ($22.9 billion). The House committee House committee
suballocation would suballocation would
increasehave increased regular discretionary appropriations for LHHS relative to FY2021 regular discretionary appropriations for LHHS relative to FY2021
by 36% (+$63.4 billion). by 36% (+$63.4 billion).
The table also displays funding for which adjustments may be made to the discretionary spending
The table also displays funding for which adjustments may be made to the discretionary spending
limits under the BCA, including funding for certain LHHS program integrity activities and limits under the BCA, including funding for certain LHHS program integrity activities and
emergency requirements, where applicable. The “Adjusted Appropriations” total includes this emergency requirements, where applicable. The “Adjusted Appropriations” total includes this
funding. funding.
Compliance with discretionary spending allocations is evaluated based on budget authority
Compliance with discretionary spending allocations is evaluated based on budget authority
available in the current fiscal year, adjusted for scorekeeping by CBO. As such, totals shown in , adjusted for scorekeeping by CBO. As such, totals shown in
this table may not be comparable to other totals shown in this report. Current-year budget this table may not be comparable to other totals shown in this report. Current-year budget
authority totals exclude advance appropriations for future years, but include advance authority totals exclude advance appropriations for future years, but include advance
appropriations from prior years that become available in the current year. (Advance appropriations from prior years that become available in the current year. (Advance
appropriations are provided to selected LHHS accounts, generally in order to manage specific appropriations are provided to selected LHHS accounts, generally in order to manage specific
planning concerns and ensure continuity of operations at the start of a new fiscal year.) planning concerns and ensure continuity of operations at the start of a new fiscal year.)
Table A-1. LHHS Discretionary FY2021 and FY2022 Enacted Levels, and FY2022
House 302(b)
Suballocations
(
(
Budgetbudget authority in billions of dollars) authority in billions of dollars)
FY2022 Initial
FY2021
House 302(b)
FY2021
(and
FY2022
(and
Enacted
Adjustments)
Enacted
Regular Discretionary Appropriations
Regular Discretionary Appropriations
174.073
174.073
237.466
237.466
196.994
AdjustmenAdjustmen
tsa:
Health care fraud and abuse control
Health care fraud and abuse control
0.496
0.496
0.556
0.556
0.556
Continuing disability reviews and Continuing disability reviews and
redeterminations
1.302
1.302
1.435
1.435
1.435
redeterminations
Reemployment services and eligibility Reemployment services and eligibility
assessments
0.083
0.083
0.133
0.133
0.133
assessments
Emergency Requirements
Emergency Requirements
156.588
156.588
—b—
7.831
Adjusted Appropriations
332.542
239.590
206.949
H3130.
120 Suballocations are commonly adjusted through the appropriations cycle to account for changing priorities. For FY2022, the House Appropriations Committee reported revised suballocations on July 16 (H.Rept. 117-91) to incorporate the cap adjustments where applicable, but otherwise the suballocation for the LHHS subcommittee was the same as originally reported.
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Adjusted Appropriations
332.542
239.590
Sources: Table prepared by CRS. The FY2021 Table prepared by CRS. The FY2021
enactedEnacted amounts are from CBO, amounts are from CBO,
Report on the Status of
Discretionary Appropriations, Fiscal Year 2021, House of Representatives, as of July 30, 2021, https://www.cbo.gov/, https://www.cbo.gov/
system/files?file=2021-09/FY2021-House.pdf and CRS analysis of Division H of P.L. 116-260. The FY2022 House system/files?file=2021-09/FY2021-House.pdf and CRS analysis of Division H of P.L. 116-260. The FY2022 House
amount for regular discretionary appropriations is from H.Rept. 117-78. The FY2022 House amount for the amount for regular discretionary appropriations is from H.Rept. 117-78. The FY2022 House amount for the
adjustments is from a CRS analysis of H.R. 4502, as reported.adjustments is from a CRS analysis of H.R. 4502, as reported.
Notes: It is common for suballocations to be revised over the course of the year to reflect actual action on appropriations bil s and changes in congressional priorities. Regular appropriations reflect current-year
100 “Publication of Budgetary Material,” Congressional Record, daily edition, Vol. 167, No. 110 (June 24, 2021), p. H3130.
101 Suballocations are commonly adjusted through the appropriations cycle to account for changing priorities. For FY2022, the House Appropriations Committee reported revised suballocations on July 16 (H.Rept. 117-91) to incorporate the cap adjustments where applicable, but otherwise the suballocation for the LHHS subcommittee was the same as originally reported.
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The FY2022 Enacted amounts are from CBO, Report on the Status of Discretionary Appropriations, Fiscal Year 2022, House of Representatives, as of May 26, 2022, https://www.cbo.gov/system/files?file=2022-05/FY2022-House-2022-05-26.pdf, CRS analysis of Division H of P.L. 117-103, and Table 3 in CBO, cost estimate, “The Bipartisan Safer Communities Act would provide funding to encourage enactment of state laws aimed at control ing access to guns and to support a variety of other initiatives to enhance school safety, mental health programs, and violence prevention,” June 22, 2022, https://www.cbo.gov/system/files?file=2022-06/S2938.pdf. Notes: It is common for suballocations to be revised over the course of the year to reflect actual action on appropriations bil s and changes in congressional priorities. Regular appropriations reflect current-year discretionary budget authority subject to the spending limits. Adjusted appropriations include, where applicable, discretionary budget authority subject to the spending limits. Adjusted appropriations include, where applicable,
discretionary funds for which special rules apply with regard to the spending limits, including certain funds for discretionary funds for which special rules apply with regard to the spending limits, including certain funds for
program integrity activities. Amounts include advance appropriations enacted in prior fiscal years that first program integrity activities. Amounts include advance appropriations enacted in prior fiscal years that first
become available in those fiscal years. Amounts do not include, where applicable, funds provided under certain become available in those fiscal years. Amounts do not include, where applicable, funds provided under certain
authorities in the 21st Century Cures Act (P.L. 114-255) that are effectively exempt from discretionary spending authorities in the 21st Century Cures Act (P.L. 114-255) that are effectively exempt from discretionary spending
limits. (For FY2021, these funds totaled $404 mil ion; for FY2022, these funds total $496 mil ion.)limits. (For FY2021, these funds totaled $404 mil ion; for FY2022, these funds total $496 mil ion.)
FY2021 amounts include the enacted LHHS appropriations that were designated as emergency requirements in FY2021 (Divisions H and M of P.L. 116-260, and P.L. 117-31). a. The House initial 302(b) for LHHS (H.Rept. 117-78) did not include any adjustments to the LHHS a. The House initial 302(b) for LHHS (H.Rept. 117-78) did not include any adjustments to the LHHS
suballocations. These amounts are based on a CRS analysis of H.R. 4502, as reported.
suballocations. These amounts are based on a CRS analysis of H.R. 4502, as reported.
b. This table does not include $5.228 bil ion in emergency-designated FY2022 LHHS annual appropriations that
have been enacted in three measures: Divisions A and C of P.L. 117-43, Division J of P.L. 117-58, and Division B of P.L. 117-70. Total funding enacted in each of these measures was calculated based on an analysis of the statutory text, and estimated budgetary effects in CBO Estimate for H.R. 5305, the Extending Government Funding and Delivering Emergency Assistance Act as Passed by the House of Representatives on September 21, 2021 (https://www.cbo.gov/system/files/2021-09/57491-CBO-Estimate-for-HR5305.pdf),
CBO, Senate Amendment 2137 to H.R. 3684, the Infrastructure Investment and Jobs Act, as Proposed on August 1, 2021, Estimated Discretionary Spending Under Division J, Appropriations (https://www.cbo.gov/system/files/2021-08/hr3684_infrastructure.pdf), and CBO Estimate for H.R. 6119, the Further Extending Government Funding Act, as Posted on the Rules Committee Website on December 2, 2021 (https://www.cbo.gov/system/files/2021-12/hr6119.pdf).
Current-Year Budget Authority
Table A-2 displays the total LHHS current-year budget authority, by title. The amounts shown in displays the total LHHS current-year budget authority, by title. The amounts shown in
this table reflect total budget authority available for obligation in the fiscal year, regardless of the this table reflect total budget authority available for obligation in the fiscal year, regardless of the
year in which it was first appropriated. (In other words, these amounts exclude advance year in which it was first appropriated. (In other words, these amounts exclude advance
appropriations for future years, but include advance appropriations from prior years that became appropriations for future years, but include advance appropriations from prior years that became
available in the applicable current year.) Amounts in the FY2021 enacted column include FY2021 available in the applicable current year.) Amounts in the FY2021 enacted column include FY2021
advance appropriations budget authority provided by the FY2019 LHHS omnibus (P.L. 116-94) advance appropriations budget authority provided by the FY2019 LHHS omnibus (P.L. 116-94)
and FY2020 LHHS omnibus (P.L. 116-260). Similarly, the FY2022 President’s budgetand FY2020 LHHS omnibus (P.L. 116-260). Similarly, the FY2022 President’s budget
and House committee, FY2022 House Cmte., and FY2022 Enacted columns include FY2022 advance appropriations budget authority provided by the columns include FY2022 advance appropriations budget authority provided by the
FY2020 and FY2021 LHHS omnibuses. (For a comparable table showing total budget authority FY2020 and FY2021 LHHS omnibuses. (For a comparable table showing total budget authority
in the bill, rather than current-year budget authority, sein the bill, rather than current-year budget authority, se
e Table 2 in this report.) As mentioned in this report.) As mentioned
above, it is current-year budget authority (adjusted for scorekeeping by CBO) that is used to above, it is current-year budget authority (adjusted for scorekeeping by CBO) that is used to
determine compliance with discretionary spending allocations. determine compliance with discretionary spending allocations.
Table A-2. LHHS Appropriations Overview, by Bill Title: FY2021-FY2022
(
(
Currentcurrent-year budget authority in billions of dollars) -year budget authority in billions of dollars)
FY2022
FY2021
FY2022
House Cmte.
FY2022
Bill Title
Enacted
Request
(H.R. 4502)
Enacted
Title I: Labor
13.9
15.6
16.0
14.4
Discretionary
Discretionary
12.5
12.5
14.3
14.3
14.7
14.7
13.2
Mandatory
Mandatory
1.4
1.4
1.2
1.2
1.2
1.2
1.2
Title II: HHS
1,007.8
1,142.5
1,142.3
1,131.1
Discretionary
Discretionary
97.0
97.0
120.0
120.0
119.8
119.8
108.6
Mandatory
Mandatory
910.8
910.8
1,022.5
1,022.5
1,022.5
1,022.5
1,022.5
Title III: Education
77.2
106.5
106.5
80.1
Discretionary
Discretionary
73.5
73.5
102.8
102.8
102.8
102.8
76.4
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6265 Labor, Health and Human Services, and Education: FY2022 Appropriations
FY2022
FY2021
FY2022
House Cmte.
FY2022
Bill Title
Enacted
Request
(H.R. 4502)
Enacted
Mandatory
Mandatory
3.7
3.7
3.7
3.7
3.7
3.7
3.7
Title IV: Related Agencies
71.0
77.8
77.9
76.9
Discretionary
Discretionary
15.4
15.4
16.8
16.8
16.9
16.9
15.9
Mandatory
Mandatory
55.6
55.6
61.0
61.0
61.0
61.0
61.0
Total Current Year BAa
1,169.9
1,342.4
1,342.7
1,302.6
Discretionary
198.5
254.0
254.3
214.1
Mandatory
971.4
1,088.4
1,088.4
1,088.4
Emergency Funding (not included in above totals)
P.L. 116-260, Division H
P.L. 116-260, Division H
1.6
1.6
—
—
—
—
—
—
P.L. 116-260, Division M
P.L. 116-260, Division M
154.9
154.9
—
—
—
—
—
—
P.L. 117-31
P.L. 117-31
0.
0.
0b
—
—
—
—
—
—
P.L. 117-43, Divisions A and C
P.L. 117-43, Divisions A and C
—
—
—
—
—
—
4.2
4.2
P.L. 117-58, Division J
P.L. 117-58, Division J
—
—
—
—
—
—
-0.3
-0.3
P.L. 117-70, Division B
P.L. 117-70, Division B
—
—
—
—
—
—
1.3
1.3
P.L. 117-128, Title IV
—
—
—
1.0
P.L. 117-159, Division B
—
—
—
1.6
Memoranda:
Advances for Future Years (provided in current
Advances for Future Years (provided in current
197.6
197.6
210.7
210.7
210.8
210.8
210.7
bil bil
)c
Advances from Prior Years (for use in current
Advances from Prior Years (for use in current
189.0
189.0
197.6
197.6
197
197
.6
197.6 .6
year
year
)c
Additional Scorekeeping Adjustmen
Additional Scorekeeping Adjustmen
tsd
-22.
-22.
58
-25.4
-25.4
-14.7
-14.7
-15.0
Sources: Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022 Amounts in this table for the FY2021 Enacted, FY2022 Request, and FY2022
House Cmte.Enacted columns columns
are generally drawn from or calculated based on data contained in the are generally drawn from or calculated based on data contained in the
committee report (H.Rept. 117-96) accompanying the FY2022 House committee bil (H.R. 4502, as reported). The explanatory statement accompanying the FY2022 LHHS omnibus (P.L. 117-103), available in the Congressional Record, vol. 168, no. 42, book IV, March 9, 2022, pp. H2668-H2915. Amounts in the FY2021 House Committee column are generally drawn from or calculated based on data contained in the committee report (H.Rept. 117-96) accompanying H.R. 4502. The
amounts shown for emergency amounts shown for emergency
funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with funding at the bottom of the table are based on CRS analysis of the texts of those laws. For consistency with
source materials, regular annual appropriations totals generally do not include emergency funds; instead, source materials, regular annual appropriations totals generally do not include emergency funds; instead,
emergency funds are shown separately and are in addition to the regular annual amounts. For consistency with emergency funds are shown separately and are in addition to the regular annual amounts. For consistency with
source materials, amounts in this table generally do not reflect mandatory spending sequestration, where source materials, amounts in this table generally do not reflect mandatory spending sequestration, where
applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities. applicable, nor do they reflect any transfers or reprogramming of funds pursuant to executive authorities.
Notes: BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect BA = Budget Authority. Details may not add to totals due to rounding. Amounts in this table (1) reflect
current-year budget authority; (2) have generally not been adjusted to reflect scorekeeping; (3) comprise only current-year budget authority; (2) have generally not been adjusted to reflect scorekeeping; (3) comprise only
those funds provided (or requested) for agencies and accounts subject to the jurisdiction of the LHHS those funds provided (or requested) for agencies and accounts subject to the jurisdiction of the LHHS
Subcommittees of the House and the Senate Committees on Appropriations; and (4) do not include Subcommittees of the House and the Senate Committees on Appropriations; and (4) do not include
appropriations that occur outside of appropriations bil s. No amounts are shown for Title V, because this title appropriations that occur outside of appropriations bil s. No amounts are shown for Title V, because this title
consists solely of general provisions. consists solely of general provisions.
a. Totals in this table are based on current-year budget authority, meaning budget authority that is available a. Totals in this table are based on current-year budget authority, meaning budget authority that is available
for obligation in a given fiscal year, regardless of the year in which it was first appropriated (i.e., totals
for obligation in a given fiscal year, regardless of the year in which it was first appropriated (i.e., totals
exclude advance appropriations for future years, but include advance appropriations from prior years that exclude advance appropriations for future years, but include advance appropriations from prior years that
became available in the applicable current year). became available in the applicable current year).
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b. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance b. P.L. 117-31 provided $25 mil ion in supplemental appropriations for the Refugee and Entrant Assistance
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
account at HHS for specified purposes related to Afghan special immigrants, which rounds to $0.0 in bil ions
(the unit of measure used in this table). (the unit of measure used in this table).
c. The calculation for total budget authority in the bil (rather than total budget authority available for
c. The calculation for total budget authority in the bil (rather than total budget authority available for
obligation in the current fiscal year) is as fol ows: Total Current Year BA minus Advances from Prior Years
obligation in the current fiscal year) is as fol ows: Total Current Year BA minus Advances from Prior Years
plus Advances for Future Years. The amount for both Advances from Prior Years and Advances for Future plus Advances for Future Years. The amount for both Advances from Prior Years and Advances for Future
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Years is the combined total of mandatory and discretionary spending. FY2022 advance appropriations enacted in prior fiscal years are listed in the FY2022 Request and FY2022 House Cmte. columns. Years is the combined total of mandatory and discretionary spending.
d. Totals in this table have generally not been adjusted for further scorekeeping. (To adjust for scorekeeping,
d. Totals in this table have generally not been adjusted for further scorekeeping. (To adjust for scorekeeping,
add this line to the total budget authority.)
add this line to the total budget authority.)
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link to page
link to page
6366 Labor, Health and Human Services, and Education: FY2022 Appropriations
Appendix B. House Floor Amendments Offered to
Division A of H.R. 4502
The House began its initial floor consideration of FY2022 LHHS appropriations on July 27, 2021. The House began its initial floor consideration of FY2022 LHHS appropriations on July 27, 2021.
Those appropriations were initially considered on the floor as part of a consolidated Those appropriations were initially considered on the floor as part of a consolidated
appropriations package and passed the House (219-208), as amended, on July 29, 2021 (Division appropriations package and passed the House (219-208), as amended, on July 29, 2021 (Division
A of H.R. 4502). This package would have provided appropriations for six other appropriations A of H.R. 4502). This package would have provided appropriations for six other appropriations
acts in addition to LHHS: Agriculture and Rural Development, Energy and Water Development, acts in addition to LHHS: Agriculture and Rural Development, Energy and Water Development,
Financial Services and General Government, Interior and Environment, Military Construction and Financial Services and General Government, Interior and Environment, Military Construction and
Veterans Affairs, and Transportation and Housing and Urban Development. LHHS amendments Veterans Affairs, and Transportation and Housing and Urban Development. LHHS amendments
were to Division A of what was to be the base text for amendment (Rules Committee Print 117-were to Division A of what was to be the base text for amendment (Rules Committee Print 117-
12, as amended by H.Res. 555). 12, as amended by H.Res. 555).
Floor action on H.R. 4502 was regulated by the terms of a special rule (H.Res. 555) that made in
Floor action on H.R. 4502 was regulated by the terms of a special rule (H.Res. 555) that made in
order 56 amendments to the LHHS title of the bill.order 56 amendments to the LHHS title of the bill.
102121 This rule also provided the authority for the This rule also provided the authority for the
chair of the Appropriations Committee or her designee to offer any of the amendments made in chair of the Appropriations Committee or her designee to offer any of the amendments made in
order en bloc (i.e., in groups of amendments to be disposed of together).order en bloc (i.e., in groups of amendments to be disposed of together).
103122 All but two LHHS All but two LHHS
amendments were considered in this manner.amendments were considered in this manner.
104123 When counted as 56 separate amendments, 47 When counted as 56 separate amendments, 47
were adopted and 9 were rejected.were adopted and 9 were rejected.
124
All of the amendments that were offered and their dispositions are listed i
All of the amendments that were offered and their dispositions are listed i
n Table B-1 below. The below. The
summary of each amendment is as published in H.Rept. 117-109, the Rules Committee report summary of each amendment is as published in H.Rept. 117-109, the Rules Committee report
accompanying H.Res. 555.accompanying H.Res. 555.
Table B-1. LHHS House Floor Amendments Offered to H.R. 4502
En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
1. Scott, David (GA): Increases and decreases funds in the Workforce Innovation and
1. Scott, David (GA): Increases and decreases funds in the Workforce Innovation and
2
2
Adopted,
Adopted,
Opportunity Act (WIOA) program by $1,000,000 with the intent of supporting the
Opportunity Act (WIOA) program by $1,000,000 with the intent of supporting the
220-203
220-203
Secretary in carrying out activities that expand the national apprenticeship system for
Secretary in carrying out activities that expand the national apprenticeship system for
recruitment, employment, and on-the-job earn-as-you-learn training of young African recruitment, employment, and on-the-job earn-as-you-learn training of young African
Americans. (10 minutes) Americans. (10 minutes)
2. Spanberger (VA), McKinley (WV): Increases and decreases HRSA’s Office of
2. Spanberger (VA), McKinley (WV): Increases and decreases HRSA’s Office of
3
3
Adopted,
Adopted,
Pharmacy Affairs by $1,000,000 to highlight the need to protect the integrity of the
Pharmacy Affairs by $1,000,000 to highlight the need to protect the integrity of the
voice vote
voice vote
340B program by halting pharmaceutical manufacturers' unlawful actions that have
340B program by halting pharmaceutical manufacturers' unlawful actions that have
resulted in overcharges to 340B covered entities. (10 minutesresulted in overcharges to 340B covered entities. (10 minutes
)
3. Speier (CA), Kuster (NH), Pressley (MA), Moore (WI), Garcia, Sylvia (TX), Maloney,
2
Adopted,
Carolyn (NY), Escobar (TX), Slotkin (MI): Prohibits the use of funds to implement or
220-203
enforce sections of former Secretary DeVos's Title IX rule. (10 minutes) )
102121 For a list of these LHHS amendments (numbered 1-56) and the text of each that was made in order, see pages 8-13 For a list of these LHHS amendments (numbered 1-56) and the text of each that was made in order, see pages 8-13
and 30-38 of H.Rept. 117-109. and 30-38 of H.Rept. 117-109.
103122 For further information about en bloc authority in the context of House floor consideration of appropriations For further information about en bloc authority in the context of House floor consideration of appropriations
measures, see CRS Report R46841, measures, see CRS Report R46841,
Changes in the House of Representatives’ Initial Consideration of Regular
Appropriations Measures, 113th-116th Congresses. .
104123 For the en bloc amendments proposing changes to the LHHS division of the bill, see consideration of amendments For the en bloc amendments proposing changes to the LHHS division of the bill, see consideration of amendments
en bloc nos. 1, 2, 3, and 4 in en bloc nos. 1, 2, 3, and 4 in
Congressional Record, daily edition, , daily edition,
Volvol. 167, . 167,
Nono. 131 (July 27, 2021), pp. H4055-. 131 (July 27, 2021), pp. H4055-
H4073.
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124 Note that several of these amendments were plus-minus amendments, which provide an amount of funding that is to be both added and subtracted from a specified account or activity. These amendments may be used to allow Members to obtain floor time to speak during floor consideration, and may also help indicate congressional support for funds being allotted for a particular purpose. For further information, see CRS In Focus IF11973, “Plus-Minus” Amendments to Regular Appropriations Measures.
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En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
3. Speier (CA), Kuster (NH), Pressley (MA), Moore (WI), Garcia, Sylvia (TX), Maloney,
2
Adopted,
Carolyn (NY), Escobar (TX), Slotkin (MI): Prohibits the use of funds to implement or
220-203
enforce sections of former Secretary DeVos's Title IX rule. (10 minutes)
4. Welch (VT), McKinley (WV), Moore (WI), Garbarino (NY), Dean (PA): Increases 4. Welch (VT), McKinley (WV), Moore (WI), Garbarino (NY), Dean (PA): Increases
2
2
Adopted,
Adopted,
funding for the Low Income Housing Energy Assistance Program (LIHEAP) by
funding for the Low Income Housing Energy Assistance Program (LIHEAP) by
220-203
220-203
$10,000,000 offset by a reduction to Office of the Secretary - General Departmental
$10,000,000 offset by a reduction to Office of the Secretary - General Departmental
Management. (10 minutes) Management. (10 minutes)
5. Axne (IA), Schrier (WA), Malinowski (NJ): Provides $5 mil ion for community
5. Axne (IA), Schrier (WA), Malinowski (NJ): Provides $5 mil ion for community
2
2
Adopted,
Adopted,
col eges who provide training programs to dislocated workers, including those who lost
col eges who provide training programs to dislocated workers, including those who lost
220-203
220-203
work due to COVID-19. (10 minutes)
work due to COVID-19. (10 minutes)
6. Buchanan (FL): Transfers $2,000,000 from Office of the Secretary - General
6. Buchanan (FL): Transfers $2,000,000 from Office of the Secretary - General
3
3
Adopted,
Adopted,
Departmental Management to the Substance Abuse and Mental Health Administration
Departmental Management to the Substance Abuse and Mental Health Administration
voice vote
voice vote
to increase available grants to prevent prescription drug/opioid overdoses. (10 minutes)
to increase available grants to prevent prescription drug/opioid overdoses. (10 minutes)
7. Burgess (TX): Increases and decreases by $10,000,000 for the Director of the
7. Burgess (TX): Increases and decreases by $10,000,000 for the Director of the
3
3
Adopted,
Adopted,
National Institutes of Health Office for Acute Flaccid Myelitis Research. (10 minutes)
National Institutes of Health Office for Acute Flaccid Myelitis Research. (10 minutes)
voice vote
voice vote
8. Burgess (TX), Spanberger (VA): Transfers $5 mil ion from the Health Resources and
8. Burgess (TX), Spanberger (VA): Transfers $5 mil ion from the Health Resources and
3
3
Adopted,
Adopted,
Services Administration, Program Support to fund the Rural Health, Project ECHO
Services Administration, Program Support to fund the Rural Health, Project ECHO
voice vote
voice vote
telehealth mentoring model, to improve health workforce capacity in underserved
telehealth mentoring model, to improve health workforce capacity in underserved
areas. (10 minutes) areas. (10 minutes)
9. Bush, Cori (MO), Pressley (MA), Schakowsky (IL), Jayapal (WA): Increases and
9. Bush, Cori (MO), Pressley (MA), Schakowsky (IL), Jayapal (WA): Increases and
2
2
Adopted,
Adopted,
decreases funding by $1 mil ion in the SAMHSA account to highlight the need for a
decreases funding by $1 mil ion in the SAMHSA account to highlight the need for a
220-203
220-203
GAO study on alternative and non-punitive behavioral health crisis response programs
GAO study on alternative and non-punitive behavioral health crisis response programs
to determine the effectiveness of such programs in improving public health and public to determine the effectiveness of such programs in improving public health and public
safety. (10 minutes) safety. (10 minutes)
10. Bush, Cori (MO): Increases funding by $5 mil ion for Health Centers account to
10. Bush, Cori (MO): Increases funding by $5 mil ion for Health Centers account to
2
2
Adopted,
Adopted,
provide health care services, including COVID-19 testing and vaccine outreach, to the
provide health care services, including COVID-19 testing and vaccine outreach, to the
220-203
220-203
unhoused community. Reduces funding for the Office of the Secretary, General
unhoused community. Reduces funding for the Office of the Secretary, General
Departmental Management by the same amount. (10 minutes) Departmental Management by the same amount. (10 minutes)
11. Castor (FL): Increase and decrease funding in the Innovation and Improvement
11. Castor (FL): Increase and decrease funding in the Innovation and Improvement
2
2
Adopted,
Adopted,
account by $1 mil ion to encourage the Department of Education to conduct proper
account by $1 mil ion to encourage the Department of Education to conduct proper
220-203
220-203
oversight of for-profit charter schools to ensure they are supporting students adhering
oversight of for-profit charter schools to ensure they are supporting students adhering
to federal civil rights laws. (10 minutes) to federal civil rights laws. (10 minutes)
12. DeSaulnier (CA): Increases funding for Statewide Family Engagement Centers at the
12. DeSaulnier (CA): Increases funding for Statewide Family Engagement Centers at the
2
2
Adopted,
Adopted,
Department of Education by $1 mil ion offset by a reduction to Departmental
Department of Education by $1 mil ion offset by a reduction to Departmental
220-203
220-203
Management - Program Administration. (10 minutes)
Management - Program Administration. (10 minutes)
13. Escobar (TX): Increases and decreases funding for the U.S. Mexico Border Health
13. Escobar (TX): Increases and decreases funding for the U.S. Mexico Border Health
2
2
Adopted,
Adopted,
Commission to emphasize the need for a binational COVID-19 vaccination plan for
Commission to emphasize the need for a binational COVID-19 vaccination plan for
220-203
220-203
border communities. (10 minutes)
border communities. (10 minutes)
14. Escobar (TX): Increases funding for the Department of Civil Rights at the
14. Escobar (TX): Increases funding for the Department of Civil Rights at the
2
2
Adopted,
Adopted,
Department of Education to support economically disadvantaged communities.
Department of Education to support economically disadvantaged communities.
220-203
220-203
Decreases funding for Departmental Management - Program Administration. (10
Decreases funding for Departmental Management - Program Administration. (10
minutes) minutes)
15. Escobar (TX): Increases and decreases the Department of Education's Education for
15. Escobar (TX): Increases and decreases the Department of Education's Education for
2
2
Adopted,
Adopted,
the Disadvantaged account by $1 mil ion to make clear that States must disburse all
the Disadvantaged account by $1 mil ion to make clear that States must disburse all
220-203
220-203
funds under this division in accordance with Congressional intent and not for purposes
funds under this division in accordance with Congressional intent and not for purposes
not otherwise outlined in the corresponding report and bil text. (10 minutes) not otherwise outlined in the corresponding report and bil text. (10 minutes)
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En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
16. Foxx (NC), Fulcher (ID): Prohibits funds from being used to rescind the 16. Foxx (NC), Fulcher (ID): Prohibits funds from being used to rescind the
4
4
Rejected,
Rejected,
Department of Labor's December 9, 2020, final rule titled “Implementing Legal
Department of Labor's December 9, 2020, final rule titled “Implementing Legal
192-232
192-232
Requirements Regarding the Equal Opportunity Clause's Religious Exemption" relating
Requirements Regarding the Equal Opportunity Clause's Religious Exemption" relating
to federal contractors. (10 minutes) to federal contractors. (10 minutes)
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En
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Amdt. No. and Summary from the Rules Committee
No.
Disposition
17. Gomez (CA): Increases and decreases by $5 mil ion in order to highlight the need 17. Gomez (CA): Increases and decreases by $5 mil ion in order to highlight the need
2
2
Adopted,
Adopted,
to improve access to life-saving cancer screenings in primary health centers to address
to improve access to life-saving cancer screenings in primary health centers to address
220-203
220-203
disproportionate cancer outcomes in underserved communities, particularly
disproportionate cancer outcomes in underserved communities, particularly
communities of color. (10 minutes) communities of color. (10 minutes)
18. Gomez (CA): Increases and decreases by $1 mil ion to improve awareness and
18. Gomez (CA): Increases and decreases by $1 mil ion to improve awareness and
2
2
Adopted,
Adopted,
implementation of language access services consistent with standards set by the Office
implementation of language access services consistent with standards set by the Office
220-203
220-203
of Minority Health’s Culturally and Linguistically Appropriate Services in Health Care
of Minority Health’s Culturally and Linguistically Appropriate Services in Health Care
program so that patients with limited English-language proficiency have access to program so that patients with limited English-language proficiency have access to
equitable healthcare services. (10 minutes) equitable healthcare services. (10 minutes)
19. Gomez (CA), Takano (CA), Lowenthal (CA): Increases and decreases funding in the
19. Gomez (CA), Takano (CA), Lowenthal (CA): Increases and decreases funding in the
2
2
Adopted,
Adopted,
Strengthening Asian American Native American Pacific Islander Serving-Institutions
Strengthening Asian American Native American Pacific Islander Serving-Institutions
220-203
220-203
(AANAPISI) program by $10,000,000 to highlight this Minority-Serving Institution
(AANAPISI) program by $10,000,000 to highlight this Minority-Serving Institution
program that provides competitive grants to eligible col eges and universities that serve program that provides competitive grants to eligible col eges and universities that serve
a considerable number of Asian American and Pacific Islander students. The AANAPISI a considerable number of Asian American and Pacific Islander students. The AANAPISI
program provides equitable access to education, promotes opportunities for success, program provides equitable access to education, promotes opportunities for success,
and aids institutions in being able to understand and respond to the unique challenges and aids institutions in being able to understand and respond to the unique challenges
faced by Asian American and Pacific Islander students today. (10 minutes) faced by Asian American and Pacific Islander students today. (10 minutes)
20. Gottheimer (NJ): Increases and decreases funds by $1,000,000 in the Centers For
20. Gottheimer (NJ): Increases and decreases funds by $1,000,000 in the Centers For
3
3
Adopted,
Adopted,
Disease Control And Prevention Environmental Health account to emphasize the
Disease Control And Prevention Environmental Health account to emphasize the
voice vote
voice vote
importance of every child having access to drinking water at school that’s free of lead
importance of every child having access to drinking water at school that’s free of lead
and dangerous materials. (10 minutes) and dangerous materials. (10 minutes)
21. Gottheimer (NJ): Increases and decreases funds by $1,000,000 in the National
21. Gottheimer (NJ): Increases and decreases funds by $1,000,000 in the National
3
3
Adopted,
Adopted,
Institutes of Health's Substance Abuse and Mental Health Services Administration
Institutes of Health's Substance Abuse and Mental Health Services Administration
voice vote
voice vote
account to emphasize the importance of SAMHSA focusing efforts to address COVID-
account to emphasize the importance of SAMHSA focusing efforts to address COVID-
linked substance abuse and mental health issues among children and young adults. (10 linked substance abuse and mental health issues among children and young adults. (10
minutes) minutes)
22. Grothman (WI): Reduces the Higher Education funding by $122,000,000 to meet
22. Grothman (WI): Reduces the Higher Education funding by $122,000,000 to meet
4
4
Rejected,
Rejected,
the President's budget request. (10 minutes)
the President's budget request. (10 minutes)
192-232
192-232
23. Hern (OK): Reduces spending in this division by 20 percent. Exempts security
23. Hern (OK): Reduces spending in this division by 20 percent. Exempts security
1
1
Rejected,
Rejected,
funding. (10 minutes)
funding. (10 minutes)
154-264
154-264
24. Issa (CA), Harshbarger (TN), Guthrie (KY), Womack (AR), Kim, Young (CA), Steel,
24. Issa (CA), Harshbarger (TN), Guthrie (KY), Womack (AR), Kim, Young (CA), Steel,
4
4
Rejected,
Rejected,
Michelle (CA): Strikes the language prohibiting the implementation of the Industry
Michelle (CA): Strikes the language prohibiting the implementation of the Industry
192-232
192-232
Recognized Apprenticeship Program (IRAP) final rule. (10 minutes)
Recognized Apprenticeship Program (IRAP) final rule. (10 minutes)
25. Jackson Lee (TX): Increases and decreases funds by $10,000,000 to support greater
25. Jackson Lee (TX): Increases and decreases funds by $10,000,000 to support greater
2
2
Adopted,
Adopted,
diversity in the pool of diabetes research professionals and patients participating in
diversity in the pool of diabetes research professionals and patients participating in
220-203
220-203
clinical trials. (10 minutes)
clinical trials. (10 minutes)
26. Jackson Lee (TX): Increases and decreases funds by $10,000,000 with the intent of
26. Jackson Lee (TX): Increases and decreases funds by $10,000,000 with the intent of
2
2
Adopted,
Adopted,
supporting programs that provide outreach and support services targeting program
supporting programs that provide outreach and support services targeting program
220-203
220-203
participants at greatest risk of not completing a col ege degree due to COVID-19
participants at greatest risk of not completing a col ege degree due to COVID-19
education disruption. (10 minutes) education disruption. (10 minutes)
27. Langevin (RI), Bass (CA): Increases the Children and Families Services Programs
27. Langevin (RI), Bass (CA): Increases the Children and Families Services Programs
3
3
Adopted,
Adopted,
account by $3,900,000 and decrease the HHS General Departmental Management
account by $3,900,000 and decrease the HHS General Departmental Management
voice vote
voice vote
account by $3,900,000. (10 minutes)
account by $3,900,000. (10 minutes)
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En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
28. Lesko (AZ): Strikes section 241 which prohibits funding to any organization, 28. Lesko (AZ): Strikes section 241 which prohibits funding to any organization,
4
4
Rejected,
Rejected,
including under the Child Welfare or Federal Foster Care programs under parts B or E
including under the Child Welfare or Federal Foster Care programs under parts B or E
192-232
192-232
of title IV of the Social Security Act, that does not comply with paragraphs (c) and (d) of
of title IV of the Social Security Act, that does not comply with paragraphs (c) and (d) of
section 75.300 of title 45, Code of Federal Regulations prohibiting discrimination on the section 75.300 of title 45, Code of Federal Regulations prohibiting discrimination on the
basis of age, disability, sex, race, color, national origin, religion, gender identity, or basis of age, disability, sex, race, color, national origin, religion, gender identity, or
sexual orientation. (10 minutes) sexual orientation. (10 minutes)
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En
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Amdt. No. and Summary from the Rules Committee
No.
Disposition
29. Lesko (AZ): Strikes language that allows federal funding to go to institutions of 29. Lesko (AZ): Strikes language that allows federal funding to go to institutions of
N/A
N/A
Rejected,
Rejected,
higher education that are conducting research on marijuana. (10 minutes)
higher education that are conducting research on marijuana. (10 minutes)
147-276
147-276
30. Levin, Andy (MI): Increases and decreases by $1 mil ion for BLS funding with the
30. Levin, Andy (MI): Increases and decreases by $1 mil ion for BLS funding with the
2
2
Adopted,
Adopted,
intent that the funds go towards the agency reevaluating its unemployment survey
intent that the funds go towards the agency reevaluating its unemployment survey
220-203
220-203
methods, particularly in how it measures unemployment in historically marginalized and
methods, particularly in how it measures unemployment in historically marginalized and
discriminated populations. (10 minutes) discriminated populations. (10 minutes)
31. Levin, Andy (MI): Increases and decreases by $1 mil ion for ILAB funding with the
31. Levin, Andy (MI): Increases and decreases by $1 mil ion for ILAB funding with the
2
2
Adopted,
Adopted,
intent that the funds support workers’ rights and capacity to organize independent
intent that the funds support workers’ rights and capacity to organize independent
220-203
220-203
unions in Mexico. (10 minutes)
unions in Mexico. (10 minutes)
32. Lynch (MA): Provides an increase of $2 Mil ion to Community Health Centers and
32. Lynch (MA): Provides an increase of $2 Mil ion to Community Health Centers and
3
3
Adopted,
Adopted,
decreases funding for Office of the Secretary - General Departmental Management by
decreases funding for Office of the Secretary - General Departmental Management by
voice vote
voice vote
the same amount. (10 minutes)
the same amount. (10 minutes)
33. McKinley (WV), Tonko (NY), Blunt Rochester (DE), Spanberger (VA), Van Drew
33. McKinley (WV), Tonko (NY), Blunt Rochester (DE), Spanberger (VA), Van Drew
3
3
Adopted,
Adopted,
(NJ): Increases funds in the Substance Abuse Prevention program by $2,500,000 with
(NJ): Increases funds in the Substance Abuse Prevention program by $2,500,000 with
voice vote
voice vote
the intent of supporting prescription drug monitoring programs pilot program to test
the intent of supporting prescription drug monitoring programs pilot program to test
the feasibility and outcomes of integrating a substance use disorder and behavioral the feasibility and outcomes of integrating a substance use disorder and behavioral
health treatment locator tool into the prescription drug monitoring programs of 5 health treatment locator tool into the prescription drug monitoring programs of 5
eligible States. Offset by spending from the Office of the Secretary. (10 minutes) eligible States. Offset by spending from the Office of the Secretary. (10 minutes)
34. Mil er (WV), Pappas (NH), McKinley (WV): Increases funding for Neonatal
34. Mil er (WV), Pappas (NH), McKinley (WV): Increases funding for Neonatal
3
3
Adopted,
Adopted,
Abstinence Syndrome research by $1,000,000 offset by spending from the Office of the
Abstinence Syndrome research by $1,000,000 offset by spending from the Office of the
voice vote
voice vote
Secretary. (10 minutes)
Secretary. (10 minutes)
35. Neguse (CO): Increases funding for the School-Based Mental Health Services Grant
35. Neguse (CO): Increases funding for the School-Based Mental Health Services Grant
2
2
Adopted,
Adopted,
Program by $2 mil ion. Decreases Departmental Management - Program Administration
Program by $2 mil ion. Decreases Departmental Management - Program Administration
220-203
220-203
by $2 mil ion. (10 minutes)
by $2 mil ion. (10 minutes)
36. Ocasio-Cortez (NY): Allows United States researchers to study and examine the
36. Ocasio-Cortez (NY): Allows United States researchers to study and examine the
N/A
N/A
Rejected,
Rejected,
potential impacts of several schedule I drugs, such as MDMA, psilocybin, and or
potential impacts of several schedule I drugs, such as MDMA, psilocybin, and or
140-285
140-285
ibogaine, that have been shown to be effective in treating critical diseases. (10 minutes)
ibogaine, that have been shown to be effective in treating critical diseases. (10 minutes)
37. Perry (PA): Strikes funding for electric vehicles and a provision on electric vehicle
37. Perry (PA): Strikes funding for electric vehicles and a provision on electric vehicle
4
4
Rejected,
Rejected,
chargers. (10 minutes)
chargers. (10 minutes)
192-232
192-232
38. Pressley (MA), Bush, Cori (MO), Watson Coleman (NJ), Bowman (NY), Omar
38. Pressley (MA), Bush, Cori (MO), Watson Coleman (NJ), Bowman (NY), Omar
2
2
Adopted,
Adopted,
(MN): Increases and decreases $500,000 from the Safe Schools and Citizenship
(MN): Increases and decreases $500,000 from the Safe Schools and Citizenship
220-203
220-203
Education account to direct the GAO to study the impacts of exclusionary discipline
Education account to direct the GAO to study the impacts of exclusionary discipline
practices in K-12 remote education settings over the course of the COVID-19 practices in K-12 remote education settings over the course of the COVID-19
pandemic including the ways in which these practices contributed to learning loss, pandemic including the ways in which these practices contributed to learning loss,
negative mental health outcomes, and student involvement in criminal and child welfare negative mental health outcomes, and student involvement in criminal and child welfare
systems, among other impacts. (10 minutes) systems, among other impacts. (10 minutes)
39. Rice, Kathleen (NY), Fitzpatrick (PA), Schrader (OR), Salazar (FL), Norton (DC),
39. Rice, Kathleen (NY), Fitzpatrick (PA), Schrader (OR), Salazar (FL), Norton (DC),
3
3
Adopted,
Adopted,
Cooper (TN), Posey (FL), Titus (NV), Upton (MI), Malliotakis (NY), Cohen (TN), Estes
Cooper (TN), Posey (FL), Titus (NV), Upton (MI), Malliotakis (NY), Cohen (TN), Estes
voice vote
voice vote
(KS), Gooden (TX): Increases and decreases funding for CDC's Emerging Zoonotic and
(KS), Gooden (TX): Increases and decreases funding for CDC's Emerging Zoonotic and
Infectious Disease account with the intent of preventing the reintroduction of canine Infectious Disease account with the intent of preventing the reintroduction of canine
rabies virus variant into the United States and supporting CDC modernizing and ful y rabies virus variant into the United States and supporting CDC modernizing and ful y
operating its dog import program. (10 minutes) operating its dog import program. (10 minutes)
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En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
40. Ross (NC): Increases and decreases funding for the Institute of Education Sciences 40. Ross (NC): Increases and decreases funding for the Institute of Education Sciences
2
2
Adopted,
Adopted,
(IES) by $1 mil ion to instruct IES to conduct a study on obstacles pregnant and
(IES) by $1 mil ion to instruct IES to conduct a study on obstacles pregnant and
220-203
220-203
parenting students face in the pursuit of education and recommendations for improving
parenting students face in the pursuit of education and recommendations for improving
educational outcomes, including graduation rates, for these students. (10 minutes) educational outcomes, including graduation rates, for these students. (10 minutes)
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Amdt. No. and Summary from the Rules Committee
No.
Disposition
41. Schweikert (AZ): Increases funding for the National Institute of Diabetes and 41. Schweikert (AZ): Increases funding for the National Institute of Diabetes and
3
3
Adopted,
Adopted,
Digestive and Kidney Diseases by $1 mil ion with the intent these funds be used to fund
Digestive and Kidney Diseases by $1 mil ion with the intent these funds be used to fund
voice vote
voice vote
a multicenter research consortium on Type II diabetes cures. Offsets the increase with
a multicenter research consortium on Type II diabetes cures. Offsets the increase with
a decrease in funding of $1 mil ion from the General Departmental Management a decrease in funding of $1 mil ion from the General Departmental Management
account under the Office of the Secretary of Health and Human Services. (10 minutes) account under the Office of the Secretary of Health and Human Services. (10 minutes)
42. Schweikert (AZ): Increases funding by $2 mil ion for the CDC’s Emerging Zoonotic
42. Schweikert (AZ): Increases funding by $2 mil ion for the CDC’s Emerging Zoonotic
3
3
Adopted,
Adopted,
and Infectious Disease account with the intention that these funds be used for
and Infectious Disease account with the intention that these funds be used for
voice vote
voice vote
Coccidioidomycosis and other fungal diseases. Offsets the increase with a decrease in
Coccidioidomycosis and other fungal diseases. Offsets the increase with a decrease in
funding of $2 mil ion from the General Departmental Management account under the funding of $2 mil ion from the General Departmental Management account under the
Office of the Secretary of Health and Human Services. (10 minutes) Office of the Secretary of Health and Human Services. (10 minutes)
43. Schweikert (AZ): Increases and decreases funding in Health Surveillance and
43. Schweikert (AZ): Increases and decreases funding in Health Surveillance and
3
3
Adopted,
Adopted,
Program Support by $1,000,000 to express the intent that additional funding for the
Program Support by $1,000,000 to express the intent that additional funding for the
voice vote
voice vote
Mental Health Administration be used for research on medication adherence
Mental Health Administration be used for research on medication adherence
technology. (10 minutes) technology. (10 minutes)
44. Schweikert (AZ): Increases and decreases funding for the Department of Health and
44. Schweikert (AZ): Increases and decreases funding for the Department of Health and
3
3
Adopted,
Adopted,
Human Services Office of Inspector General under the Center for Medicare and
Human Services Office of Inspector General under the Center for Medicare and
voice vote
voice vote
Medicaid Services program by $1,000,000 to express the intent that Medicare focus on
Medicaid Services program by $1,000,000 to express the intent that Medicare focus on
using artificial intelligence and other technology to promote cleans claims creation and using artificial intelligence and other technology to promote cleans claims creation and
processing to combat improper payments, fraud, waste, and abuse. (10 minutes) processing to combat improper payments, fraud, waste, and abuse. (10 minutes)
45. Sherril (NJ): Increases and decreases funds by $20,000,000 to highlight the need for
45. Sherril (NJ): Increases and decreases funds by $20,000,000 to highlight the need for
2
2
Adopted,
Adopted,
the Mental and Substance Use Disorder Workforce Training Demonstration Program
the Mental and Substance Use Disorder Workforce Training Demonstration Program
220-203
220-203
under HRSA Health Workforce. (10 minutes)
under HRSA Health Workforce. (10 minutes)
46. Sherril (NJ): Increases and decreases the National Institute of Mental health budget
46. Sherril (NJ): Increases and decreases the National Institute of Mental health budget
3
3
Adopted,
Adopted,
by $5,000,000 with the intent to address youth mental health disparities. (10 minutes)
by $5,000,000 with the intent to address youth mental health disparities. (10 minutes)
voice vote
voice vote
47. Slotkin (MI): Increase the DOL Registered Apprenticeship budget by $1 mil ion for
47. Slotkin (MI): Increase the DOL Registered Apprenticeship budget by $1 mil ion for
3
3
Adopted,
Adopted,
the purpose of improving coordination between DOL and VA to ensure that registered
the purpose of improving coordination between DOL and VA to ensure that registered
voice vote
voice vote
apprenticeships are approved by VA for GI Bil benefits. Offsets the amendment with a
apprenticeships are approved by VA for GI Bil benefits. Offsets the amendment with a
$1 mil ion decrease in funds from the Program Administration account. (10 minutes) $1 mil ion decrease in funds from the Program Administration account. (10 minutes)
48. Slotkin (MI): Increases and decreases the funding for Strategic National Stockpile by
48. Slotkin (MI): Increases and decreases the funding for Strategic National Stockpile by
3
3
Adopted,
Adopted,
$10 mil ion to emphasize the importance of working with the commercial sector to
$10 mil ion to emphasize the importance of working with the commercial sector to
voice vote
voice vote
enhance medical supply chain flexibility and maintain domestic reserves of critical
enhance medical supply chain flexibility and maintain domestic reserves of critical
medical supplies. (10 minutes) medical supplies. (10 minutes)
49. Slotkin (MI): Increases and decreases by $10,000,000 the Child Care and
49. Slotkin (MI): Increases and decreases by $10,000,000 the Child Care and
2
2
Adopted,
Adopted,
Development Block Grant (CCDBG) account to ensure that we stil have accessible,
Development Block Grant (CCDBG) account to ensure that we stil have accessible,
220-203
220-203
quality child care for working families. (10 minutes)
quality child care for working families. (10 minutes)
50. Smith, Christopher (NJ), Delgado (NY), Fitzpatrick (PA), Posey (FL), Gottheimer
50. Smith, Christopher (NJ), Delgado (NY), Fitzpatrick (PA), Posey (FL), Gottheimer
3
3
Adopted,
Adopted,
(NJ), Malinowski (NJ): Redirects $3 mil ion from CDC-Wide Activities and Program
(NJ), Malinowski (NJ): Redirects $3 mil ion from CDC-Wide Activities and Program
voice vote
voice vote
Support to CDC’s Emerging Zoonotic and Infectious Diseases account for Lyme disease
Support to CDC’s Emerging Zoonotic and Infectious Diseases account for Lyme disease
research and surveillance. (10 minutes) research and surveillance. (10 minutes)
51. Smith, Christopher (NJ), Delgado (NY), Fitzpatrick (PA), Posey (FL), Gottheimer
51. Smith, Christopher (NJ), Delgado (NY), Fitzpatrick (PA), Posey (FL), Gottheimer
3
3
Adopted,
Adopted,
(NJ), Malinowski (NJ): Decreases and then increases funding for the HHS Office of the
(NJ), Malinowski (NJ): Decreases and then increases funding for the HHS Office of the
voice vote
voice vote
Secretary by $5 mil ion to express the intent that HHS use the $5 mil ion for their
Secretary by $5 mil ion to express the intent that HHS use the $5 mil ion for their
recently announced LymeX Innovation Accelerator. (10 minutes) recently announced LymeX Innovation Accelerator. (10 minutes)
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En
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Amdt. No. and Summary from the Rules Committee
No.
Disposition
52. Smith, Christopher (NJ), Doyle (PA): Redirects $10 mil ion from HHS Office of the 52. Smith, Christopher (NJ), Doyle (PA): Redirects $10 mil ion from HHS Office of the
3
3
Adopted,
Adopted,
Secretary to CDC’s Birth Defects, Developmental Disabilities, Disabilities and Health
Secretary to CDC’s Birth Defects, Developmental Disabilities, Disabilities and Health
voice vote
voice vote
account. This $10 mil ion increase would allow CDC to expand their Autism
account. This $10 mil ion increase would allow CDC to expand their Autism
Developmental Disability Monitoring (ADDM) Network to nine additional sites, as well Developmental Disability Monitoring (ADDM) Network to nine additional sites, as well
as enhance six of the existing sites by fol owing-up with 16 year-olds who were as enhance six of the existing sites by fol owing-up with 16 year-olds who were
identified as autistic by 8 years-old. (10 minutes) identified as autistic by 8 years-old. (10 minutes)
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Labor, Health and Human Services, and Education: FY2022 Appropriations
En
Bloc
Amdt. No. and Summary from the Rules Committee
No.
Disposition
53. Spanberger (VA), Johnson, Dusty (SD), Meuser (PA): Increases and decreases funds 53. Spanberger (VA), Johnson, Dusty (SD), Meuser (PA): Increases and decreases funds
3
3
Adopted,
Adopted,
by $5 mil ion to highlight the need for additional funding for the Telehealth Resource
by $5 mil ion to highlight the need for additional funding for the Telehealth Resource
voice vote
voice vote
Center program. (10 minutes)
Center program. (10 minutes)
54. Stevens (MI): Increases and decreases funding for injury prevention and control at
54. Stevens (MI): Increases and decreases funding for injury prevention and control at
2
2
Adopted,
Adopted,
the Department of Health and Human Services by $25 mil ion to emphasize the intent
the Department of Health and Human Services by $25 mil ion to emphasize the intent
220-203
220-203
that additional funding be used for research on federal firearm injury and mortality
that additional funding be used for research on federal firearm injury and mortality
prevention research. (10 minutes) prevention research. (10 minutes)
55. Walberg (MI): Brings the Office of Labor-Management Standards funding in line with
55. Walberg (MI): Brings the Office of Labor-Management Standards funding in line with
4
4
Rejected,
Rejected,
the President’s request. Currently the House Appropriations bil provides level funding
the President’s request. Currently the House Appropriations bil provides level funding
192-232
192-232
for OLMS. The Amendment would increase the funding by $7,117,000 and decrease
for OLMS. The Amendment would increase the funding by $7,117,000 and decrease
funding for Wage and Hour Division by the same amount. (10 minutes) funding for Wage and Hour Division by the same amount. (10 minutes)
56. Wild (PA): Invests $2 mil ion in additional funding for the National Cancer Institute,
56. Wild (PA): Invests $2 mil ion in additional funding for the National Cancer Institute,
3
3
Adopted,
Adopted,
for the purposes of enhancing pediatric cancer research. Specifically, funds would enable
for the purposes of enhancing pediatric cancer research. Specifically, funds would enable
voice vote
voice vote
NCI's Childhood Cancer Data Initiative to incorporate molecular tumor board data
NCI's Childhood Cancer Data Initiative to incorporate molecular tumor board data
into its work. Offset by a reduction to Office of the Secretary - General Departmental into its work. Offset by a reduction to Office of the Secretary - General Departmental
Management. (10 minutes) Management. (10 minutes)
Sources: The amendment numbers and summaries are from pages 8-13 and 30-38 of H.Rept. 117-109. En bloc The amendment numbers and summaries are from pages 8-13 and 30-38 of H.Rept. 117-109. En bloc
amendment numbers and the disposition of all amendments is from amendment numbers and the disposition of all amendments is from
Congressional Record, daily edition, Vol. 167, , daily edition, Vol. 167,
No. 131 (July 27, 2021). No. 131 (July 27, 2021).
Author Information
Jessica Tollestrup, Coordinator Jessica Tollestrup, Coordinator
William R. Morton
William R. Morton
Specialist in Social Policy
Specialist in Social Policy
Analyst in Income Security
Analyst in Income Security
Karen E. Lynch, Coordinator
Karen E. Lynch, Coordinator
Angela Napili
Angela Napili
Specialist in Social Policy
Specialist in Social Policy
Senior Research Librarian
Senior Research Librarian
David H. Bradley
David H. Bradley
Kavya Sekar
Kavya Sekar
Specialist in Labor Economics
Specialist in Labor Economics
Analyst in Health Policy
Analyst in Health Policy
Ada S. Cornell
Ada S. Cornell
Kyle D. Shohfi
Kyle D. Shohfi
Senior Research Librarian
Senior Research Librarian
Analyst in Education Policy
Analyst in Education Policy
Congressional Research Service
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Disclaimer
Congressional Research Service
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Labor, Health and Human Services, and Education: FY2022 Appropriations
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