Status of FY2021 Labor, Health and Human
Services, and Education Appropriations:
In Brief
Updated October 5, 2020
Congressional Research Service
https://crsreports.congress.gov
R46457

Status of FY2021 LHHS Appropriations

ver the past few months, Congress has been considering FY2021 appropriations for the
Departments of Labor, Health and Human Services, and Education, and Related Agencies
O (LHHS).1 A continuing resolution (CR) is providing temporary FY2021 appropriations
for LHHS programs and activities through December 11, 2020 (Division A of H.R. 8337; P.L.
116-159). Prior to action on the CR, LHHS appropriations were initial y considered on the House
floor as part of a consolidated appropriations package, and passed the House (217-197), as
amended, on July 31, 2020 (Division E of H.R. 7617). Senate Appropriations Committee action
on a full-year FY2021 LHHS bil has yet to occur.
This report provides a brief summary of the status of LHHS appropriations during the FY2021
cycle, including relevant congressional actions and a top-line comparison of discretionary funding
enacted in FY2020 versus relevant FY2021 legislative proposals. It also provides background on
the scope of the bil and the budgetary context for congressional decisionmaking.
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
(CRS) with questions on specific agencies and programs funded in the LHHS bil .
Scope of the LHHS Bill
The LHHS bil is the largest ($1.1 tril ion in FY2020) of the 12 annual appropriations bil s when
accounting for both mandatory and discretionary funding.2 It provides annual y appropriated
budget authority for the following federal departments and agencies:
 the Department of Labor (DOL);
 most agencies at the Department of Health and Human Services (HHS), except
for the Food and Drug Administration (funded through the Agriculture
appropriations bil ), the Indian Health Service (funded through the Interior-
Environment appropriations bil ), and the Agency for Toxic Substances and
Disease Registry (funded through the Interior-Environment appropriations bil );
 the Department of Education (ED); and
 more than a dozen related agencies (RA), including the Social Security
Administration, the Corporation for National and Community Service, the
Corporation for Public Broadcasting, the Institute of Museum and Library
Services, the National Labor Relations Board, and the Railroad Retirement
Board.
In general, mandatory funding represents just over 80% of the total LHHS bil , supporting
annual y appropriated entitlements such as Medicaid and Supplemental Security Income (SSI).
Discretionary funds account for less than 20% of total funds in the bil , but they tend to be the
focus of congressional debate during the appropriations process.3 This is because the

1 For background on the FY2020 LHHS appropriations bill, see CRS Report R46492, Labor, Health and Human
Services, and Education: FY2020 Appropriations.
2 T he discretionary funding provided in the LHHS appropriations act is both provided and controlled by that act. T he
mandatory funding provided in the LHHS act is controlled by provisions in authorizing law. For definitions of these
and other budget terms, see U.S. Government Accountability Office (GAO), A Glossary of Term s Used in the Federal
Budget Process, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO-05-734SP. (T erms of interest
may include budget authority, appropriated entitlement, direct spending, discretionary, entitlement authority, and
mandatory.)
3 For an illustrative discussion of the distribution of funds among the different titles of the bill, and between
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appropriations process general y has little control over the amounts provided for appropriated
entitlements; rather, the authorizing statute controls the program parameters (e.g., eligibility rules,
benefit levels) that entitle certain recipients to payments. Consequently, the focus of this report
general y is on the discretionary spending that has been or would be provided for LHHS
programs and activities under various laws and proposals.
Even though discretionary appropriations represent a relatively smal share of the entire LHHS
bil , the bil is typical y the largest single source of nondefense discretionary funding for the
federal government. (The Department of Defense bil is the largest single source of discretionary
funding overal .)
Calculating Total LHHS Budget Authority
Budget authority is the amount of money a federal agency is legal y authorized to commit or spend. Appropriations
bil s may include budget authority that becomes available in the current fiscal year, in future fiscal years, or some
combination. Amounts that become available in future fiscal years are typical y referred to as advance
appropriations.
The amount of LHHS budget authority can be tabulated in various ways. The total amount of budget authority
provided in an appropriations bil (i.e., total in the bil ) would be calculated regardless of the year in which the
funding becomes available.4 In some cases, however, such as the 302(b) subal ocations (discussed later), the total is
calculated based on current-year appropriations (i.e., the amount of budget authority available for obligation in a given
fiscal year), which is calculated regardless of the year in which it was first appropriated.5 Additional y, scorekeeping
and other types of adjustments made by the Congressional Budget Office (CBO) to reflect budget enforcement
conventions and special instructions of Congress may be reflected in or excluded from the calculation of
budgetary totals.6
Context for FY2021
Under the congressional budget process, the start of annual appropriations decisionmaking
traditional y is preceded by the submission of the President’s budget request and the adoption of
the congressional budget resolution. The President’s FY2021 budget request was submitted to
Congress on February 10, 2020.7 On March 17, 2020, the President submitted a letter to Congress
about FY2021 budget amendments (along with a supplemental appropriations request for
FY2020) related to the response to the Coronavirus Disease 2019 (COVID-19) outbreak.8 These
budget amendments affected the FY2021 President’s requested levels for several accounts at

discretionary and mandatory spending, see the summary of FY2020 LHHS appropriations in CRS Report R46492,
Labor, Health and Hum an Services, and Education: FY2020 Appropriations, pp. 11-14.
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.
5 Such figures exclude advance appropriations for future years, but include advance appropriations from prior years that
become available in the given fiscal year.
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
accompanying the conference report to the Balanced Budget Act of 1997 ( H.Rept. 105-217, pp. 1007-1014).
7 For further information on the HHS budget request, see CRS Report R46321, Department of Health and Human
Services: FY2021 Budget Request. Note that the report covers the FY2021 President’s request for HHS in its entirety,
not just the components of the agency funded through the annual LHHS bill.
8 Executive Office of the President, Office of Management and Budget, Letter from Acting Director Russell T . Vought
to T he Honorable Michael R. Pence, March 17, 2020, https://www.whitehouse.gov/wp-content/uploads/2020/03/Letter-
regarding-additional-funding-to-support -the-United-States-response-to-COVID-19-3.17.2020.pdf.
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DOL, HHS, ED, and certain LHHS related agencies, including the Social Security Administration
and the Railroad Retirement Board.
In the aftermath of the President’s budget submission, appropriations decisionmaking has
proceeded on the basis of procedures and budgetary limits enacted in the Bipartisan Budget Act
of 2019 (P.L. 116-37). In addition, congressional action on FY2021 appropriations may be
influenced by the ongoing COVID-19 pandemic. A number of emergency FY2020 supplemental
discretionary appropriations have been enacted in response to the pandemic. These supplementals
have significantly increased available LHHS budgetary resources. Further supplemental
appropriations may be considered during the FY2021 cycle. These and related issues are
summarized below.
FY2020 Regular and Supplemental Appropriations
FY2020 regular appropriations for LHHS were enacted as part of the Further Consolidated
Appropriations Act, 2020, on December 20, 2019 (FY2020 LHHS omnibus; P.L. 116-94).
Discretionary appropriations in the FY2020 LHHS omnibus totaled $195.4 bil ion (including
advance appropriations for future years, but excluding certain scorekeeping adjustments).9 This
amount was 3.2% more than FY2019 enacted levels. The omnibus also provided $902.3 bil ion in
mandatory funding, for a combined LHHS total of $1.098 tril ion.
Subsequently, five acts have been signed into law providing FY2020 supplemental discretionary
appropriations for LHHS programs and activities. The first of these acts (P.L. 116-113), enacted
on January 29, 2020, provided $210 mil ion in additional funding to DOL to carry out the United
States-Mexico-Canada Agreement.10 The remaining four, which together contain more than 99%
of the LHHS supplemental appropriations provided for FY2020 ($279.8 bil ion), were part of the
legislative response to the COVID-19 global pandemic:11
 Title III, Division A, of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (P.L. 116-123), enacted on March 6,
2020;
 Title V, Division A, of the Families First Coronavirus Response Act (FFCRA,
P.L. 116-127), enacted on March 18, 2020;
 Title VIII, Division B, of the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act, P.L. 116-136), enacted on March 27, 2020; and

9 T his amount differs from what is listed in Table 1 because it captures total discretionary budget authority provided in
the FY2020 LHHS omnibus, regardless of when the funds become available. It does not include advance appropriations
from prior years that became available in FY2020, but does include current -year appropriations that become available
in future years. In addition, this total does not reflect certain scorekeeping adjustments applied by the Congressional
Budget Office (e.g., effects of one-time rescissions or changes in mandatory program spending).
10 T itle IX of the United States-Mexico-Canada Agreement Supplemental Appropriations Act, 2019, (USMCA, P.L.
116-113). T he USMCA supplemental appropriations of $210 million for DOL were for the Bureau of International
Labor Affairs (ILAB) to support the implementation and enforcement of the USMCA. T he labor-related provisions in
the USMCA, which are associated with ILAB’s role, are discussed in CRS Report R44981, The United States-Mexico-
Canada Agreem ent (USMCA), pp. 32-33.
11 Other divisions of the acts that provided supplemental LHHS appropriations contained authorization provisions that
in some cases relate to LHHS programs and activities—for instance, provisions providing a 6.2% increase to the
federal matching assistance percentage for Medicaid and certain other programs in FFCRA, and provisions modifying
student loan subsidy costs in the CARES Act. T he mandatory spending budgetary effects of such provisions are outside
the scope of this report. For further information on the LHHS appropriations provided by these COVID-19
supplementals, see CRS Report R46353, COVID-19: Overview of FY2020 LHHS Supplem ental Appropriations.
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 Title I, Division B, of the Paycheck Protection Program and Health Care
Enhancement Act (PPPHCEA, P.L. 116-139), enacted on April 24, 2020.
Al of these additional funds were designated as an “emergency requirement” and thus were
effectively exempted from otherwise applicable budget enforcement requirements, such as the
discretionary spending limits.12
In total, FY2020 supplemental appropriations increased regular FY2020 LHHS enacted funding
by about 143%. The bulk of the supplemental funding (89%) was directed at HHS. The $248
bil ion in supplemental HHS funds represented a 261% increase over the agency’s FY2020
regular appropriations funding level. ED received the next largest increase via supplemental
funds (43%), whereas DOL and RA received the smal est increases relative to their initial
FY2020 enacted levels (5% and 3%, respectively).
As the FY2021 appropriations cycle progresses, Congress and the President may consider
whether further COVID-19 response funding is desirable and, if so, the extent to which such
funding would continue to be enacted separately in supplemental appropriations measures or be
integrated into regular appropriations decisionmaking. In addition, any COVID-19 response
funding in a regular LHHS appropriations measure could be provided via appropriations that are
subject to the nondefense limit, or as emergency appropriations that are effectively exempt from
that limit.13
FY2021 Discretionary Spending Limits and Appropriations
Allocations
The framework for budget enforcement under the congressional budget process has both statutory
and procedural elements. The statutory elements include limits on defense and nondefense
discretionary spending established by the Budget Control Act of 2011 (BCA; P.L. 112-25); LHHS
appropriations are classified as nondefense spending. The procedural elements are primarily
associated with the budget resolution and provide a limit on total discretionary spending available
to the appropriations committees (commonly referred to as a 302(a) allocation) and limits on
spending under the jurisdiction of each appropriations subcommittee (302(b) suballocations).
Certain spending, such as that designed for an emergency requirement and for certain program
integrity-related purposes, is effectively exempt from these limits (commonly referred to as cap
adjustments).14
On August 2, 2019, the FY2020 and FY2021 BCA spending limits were increased via the
enactment of the Bipartisan Budget Act of 2019 (BBA 2019; P.L. 116-37).15 The FY2021
nondefense limit ($626.5 bil ion) was 0.8% (+$5 bil ion) more than the FY2020 limit. In addition,
BBA 2019 provided procedures to establish the spending al ocations to the House and Senate

12 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Lim its.
13 T o date, COVID-19-related LHHS provisions have been included in several different appropriations measures for
FY2021, including the House-passed full-year LHHS bill (Division E, H.R. 7617), a supplemental appropriations
package (Division A, H.R. 925), and the FY2021 continuing resolution (Division A, P.L. 116-159). While in some
cases the budgetary effects of the COVID-19-related provisions have been designated as an emergency requirement,
that has not been the case universally.
14 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Lim its.
15 For further information, see CRS Insight IN11148, The Bipartisan Budget Act of 2019: Changes to the BCA and
Debt Lim it.
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appropriations committees via statements submitted to the Congressional Record by the chairs of
the House and Senate budget committees, without the adoption of a budget resolution.16 Among
other requirements, these spending al ocations must be consistent with the levels established by
the statutory discretionary spending limits. These FY2021 committee-level spending al ocations
were submitted in the House on May 1, and in the Senate on May 4, 2020.17
General y, the next step in the appropriations process is for each of the appropriations committees
to adopt subal ocations from the total amount al ocated to them. These 302(b) subal ocations
provide a limit on current-year (i.e., FY2021) appropriations within each subcommittee’s
jurisdiction and incorporate any applicable scorekeeping adjustments made by CBO. The House
Appropriations Committee adopted 302(b) subal ocations for each of its 12 subcommittees on
July 9.18 The House initial LHHS discretionary subal ocation for FY2021 was $182.9 bil ion.19
The Senate Appropriations Committee has not yet adopted its subal ocations. Revisions to
subal ocations throughout the appropriations process are a common practice to reflect actual
action on appropriations bil s and changes in congressional priorities. However, if the House and
Senate take divergent approaches with regard to the topline that each assumes for the LHHS bil ,
complications may potential y arise as the chambers seek to resolve their differences on
appropriations.
LHHS Legislative Action
FY2021 Continuing Appropriations
On October 1, 2020, a CR that provides temporary funding for LHHS programs and activities for
the first part of FY2021 was signed into law (Division A of H.R. 8337; P.L. 116-159). The
measure had previously been introduced by the House Appropriations Committee chair,
Representative Lowey, on September 22, and had passed the House that same day, 359-57.20 The
Senate subsequently took up and passed the measure without amendment, 84-10, on September
30.
The CR provides continuing appropriations for al 12 annual appropriations acts (including
LHHS) through December 11, 2020. In general, the CR funds discretionary programs at the same
rate and under the same conditions as in FY2020 (§101) and annual y appropriated entitlements at

16 Ibid. For a general discussion of budget enforcement mechanisms that may be adopted in the absence of a budget
resolution, see CRS Report R44296, Deem ing Resolutions: Budget Enforcement in the Absence of a Budget Resolution .
17 “Publication of Budgetary Material,” Congressional Record, daily edition, Vol. 166, No. 82 (May 1, 2020), pp.
H1968-H1969. “ Budget Enforcement Levels for Fiscal Year 2021,” Congressional Record, daily edition, Vol. 166, No.
83 (May 4, 2020), pp. S2205-S2206.
18 House Appropriations Committee, “Appropriations Committee Approves FY2021 Subcommittee Allocations,” July
9, 2020, press release, https://appropriations.house.gov/news/press-releases/appropriations-committee-approves-fy-
2021-subcommittee-allocations.
19 T he House Appropriations Committee subsequently reported revised 302(b) suballocations ( H.Rept. 116-454, July
16, 2020), although the LHHS discretionary suballocation was unchanged from the initial amount.
20 For further information about the continuing appropriations in H.R. 8337, see House Appropriations Committee,
“House Democrats File Bipartisan Continuing Resolution,” press release, September 22, 2020,
https://appropriations.house.gov/news/press-releases/house-democrats-file-bipartisan-continuing-resolution.
Previously, the chairwoman had introduced H.R. 8319, which included a similar CR in Division A, but that measure
did not receive House floor consideration. For further information about the continuing appropriations in H.R. 8319,
see House Appropriations Committee, “House Democrats Introduce Continuing Resolution,” press release, September
21, 2020, https://appropriations.house.gov/news/press-releases/house-democrats-introduce-continuing-resolution-1.
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their current law levels (§111).21 It also includes several anomalies that are specific to LHHS
accounts or related activities (§§149-156).
FY2021 Full-Year Appropriations
Prior to action on the CR, the House took action on full-year LHHS appropriations. Those LHHS
appropriations were initial y considered on the floor as part of a consolidated appropriations
package and passed the House (217-197), as amended, on July 31, 2020 (Division E of H.R.
7617). This package would provide appropriations for five other appropriations acts in addition to
LHHS: Department of Defense; Commerce, Justice, Science; Energy and Water Development;
Financial Services and General Government; and Transportation, Housing, and Urban
Development.22 Floor action on H.R. 7617 was regulated by the terms of a special rule (H.Res.
1067) that made in order 92 amendments to the LHHS title of the bil .23 That 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 (i.e., in groups of amendments to be disposed of together). Al
but three LHHS amendments were considered in this manner.24 When counted as 92 separate
amendments, 84 were adopted and 8 were rejected.
With regard to prior House committee action, on July 13, 2020, the House Appropriations
Committee voted to report the FY2021 LHHS appropriations bil , 30-22; the measure was
subsequently reported to the House on July 15 (H.R. 7614; H.Rept. 116-450). This was preceded
by subcommittee approval of the draft bil on July 7, by a vote of 9-6. Full committee approval of
the initial subal ocations for al 12 bil s, including LHHS, occurred on July 9, by a vote of 29-21
(H.Rept. 116-443).
Senate Appropriations Committee action on the FY2021 LHHS bil has yet to occur.
FY2021 LHHS Estimated Discretionary Funding Levels
Table 1 displays the CBO estimate of FY2021 House-passed discretionary appropriations for
LHHS, along with the enacted FY2020 funding level. The Senate has yet to initiate action on
FY2021 appropriations, so these amounts remain “to be determined” for purposes of this table.
Per CBO conventions, the amount shown for “regular discretionary appropriations” does not
include any funding that is subject to program integrity adjustments or emergency designations,
such as the funding that was enacted in the FY2020 supplemental appropriations acts. The
amount shown represents current-year budget authority subject to the spending limits and takes
into account any applicable CBO scorekeeping adjustments. Under this method of estimating the

21 For an estimate of the discretionary appropriations contained in Division A of H.R. 8337, see CBO, “ CBO’s Estimate
for H.R. 8337, the Continuing Appropriations Act, 2021 and Other Extensions Act, as Passed by the House of
Representatives on September 22, 2020,” September 23, 2020, https://www.cbo.gov/system/files/2020-09/hr8337.pdf.
22 H.R. 7617 was initially expected to provide appropriations for the act funding the Department of Homeland Security,
but that division was ultimately omitted under the terms of the special rule that regulated floor consideration ( H.Res.
1067).
23 For a list of these LHHS amendments (numbered 218-309) and the text of each that was made in order, see H.Rept.
116-461, pp. 23-32 and 89-108. Readers should note that LHHS amendments were keyed to Division F of what was to
be the base text for amendment (Rules Committee Print 116–60). The LHHS division was redesignated as Division E
after House passage due to the omission of the Department of Homeland Security division fro m the bill.
24 For the en bloc amendments proposing changes to the LHHS division of the bill, see consideration of amendments en
bloc nos. 3, 4, and 5 in Congressional Record, daily edition, Vol. 166, No. 135 (July 30, 2020), pp. H4134 -H4139,
H4143-H4169.
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bil , FY2021 discretionary funding for LHHS is expected to decrease by about $128 mil ion
(-0.1%) relative to the FY2020 enacted level. However, using a different methodology, the House
Appropriations Committee calculated that FY2021 LHHS funding would increase by more than
$2 bil ion relative to the FY2020 enacted level.25
The House bil also would provide an estimated $24.425 bil ion in emergency-designated funding
for purposes associated with COVID-19 response. These funds are effectively exempt from the
spending limits. In addition, the bil would provide the maximum amount al owed under the
FY2021 cap adjustments for program integrity funding ($1.881 bil ion). These funds are also
effectively exempt from the limits. The “adjusted appropriations” total in the table includes these
additional funds along with “regular discretionary appropriations.”
Table 1. Comparison of FY2021 LHHS Discretionary House and Senate Proposals
with FY2020 Enacted
Budget authority in bil ions of dol ars

FY2021 House
FY2020 Enacted
(H.R. 7617)
FY2021 Senate
Regular discretionary appropriations
183.042
182.914
TBD
Adjustments:

Program integrity
1.842
1.881

Emergency requirements
280.000
24.425

Adjusted appropriations:
464.884
209.220

Source: The FY2020 enacted amount is from Congressional Budget Office (CBO), Report on the Status of
Discretionary Appropriations, Fiscal Year 2020, House of Representatives, as of April 24, 2020, https://www.cbo.gov/
system/files?file=2020-05/FY2020-House-2020-4-24.pdf. The FY2021 House amount is from CBO, “Estimate of
Discretionary Spending Under H.R. 7617, the Defense, Commerce, Justice, Science, Energy and Water
Development, Financial Services and General Government, Homeland Security, Health and Human Services,
Education, Transportation, Housing, and Urban Development Appropriations Act, 2021 (as posted on the House
Committee on Rules Website https://rules.house.gov/bil /116/hr-7617),” July 27, 2020, https://www.cbo.gov/
system/files/2020-07/hr7617.pdf.
Notes: TBD = to be determined. Amounts reflect current-year discretionary budget authority subject to
spending limits. Regular discretionary appropriations exclude funds for which special rules apply under the
spending limits (e.g., funds for certain program integrity activities and emergency requirements), as wel as funds
provided under authorities in the 21st Century Cures Act (P.L. 114-255) that are effectively exempt from the
spending limits.

25 House Appropriations Committee, “ Appropriations Committee Releases Fiscal Year 2021 Labor-HHS-Education
Funding Bill,” press release, July 6, 2020, https://appropriations.house.gov/news/press-releases/appropriations-
committee-releases-fiscal-year-2021-labor-hhs-education-funding. See also related discussion on H.Rept. 116-450, p.
3. (It appears that the overall funding level of FY2021 LHHS appropriations in Division E of H.R. 7617, as passed the
House, does not differ too substantially from that reported by the committee in H.R. 7614.)
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Author Information

Jessica Tollestrup
Karen E. Lynch
Specialist in Social Policy
Specialist in Social Policy

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