Status of FY2022 Labor, Health and Human
October 29, 2021
Services, and Education Appropriations:
Karen E. Lynch
In Brief
Specialist in Social Policy

This report provides a brief summary of the status of FY2022 appropriations for the Departments
Jessica Tollestrup
of Labor, Health and Human Services, and Education, and Related Agencies (LHHS) as of
Specialist in Social Policy
October 29, 2021. It also provides background on the scope of the LHHS bill generally and the

budgetary context for congressional decisionmaking, including the submission of the FY2022
President’s budget request, budget enforcement in the absence of statutory discretionary spending

limits, and the supplemental appropriations provided as part of the legislative response to the
COVID-19 pandemic.
FY2022 LHHS appropriations are currently being provided by a continuing resolution (CR) that provides temporary funding
through December 3 (Division A of H.R. 5305; P.L. 117-43). This CR was signed into law on September 30, 2021.
With regard to House action on full-year appropriations, FY2022 LHHS appropriations were passed by the House on initial
consideration (219-208) on July 29, 2021 (Division A, H.R. 4502). Previously, 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 committee reported its initial suballocations for all 12 appropriations bills, including LHHS, on
July 1 (H.Rept. 117-78).
While the Senate Appropriations Committee has not yet voted to report the legislation, the committee chair, Senator Leahy,
released a majority draft of the LHHS bill and accompanying draft report language on October 18, 2021.

Congressional Research Service

Status of FY2022 LHHS Appropriations: In Brief

iscal year (FY) 2022 LHHS appropriations are currently being provided by a continuing
resolution (CR) that provides temporary funding through December 3 (Division A of H.R.
F 5305; P.L. 117-43). This CR was signed into law on September 30, 2021.
Previously, on July 29, 2021, FY2022 LHHS appropriations were passed by the House on initial
consideration (219-208) as Division A of H.R. 4502. While the Senate Appropriations Committee
has not yet voted to report the legislation, the committee chair, Senator Leahy, released a majority
draft of the LHHS bill and accompanying draft report language on October 18, 2021.1
This report provides a brief summary of the status of LHHS appropriations during the FY2022
cycle, including relevant congressional actions and a top-line comparison of discretionary funding
enacted in FY2021, versus relevant FY2022 legislative proposals as of October 29, 2021. It also
provides background on the scope of the bill and the 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 bill.
Scope of the LHHS Bill
The LHHS bill is the largest ($1.2 trillion in FY2021) of the 12 annual appropriations bills when
accounting for both mandatory and discretionary funding.2 It provides annually 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 bill), the Indian Health Service (funded through the Interior-
Environment appropriations bill), and the Agency for Toxic Substances and
Disease Registry (funded through the Interior-Environment appropriations bill);
 the Department of Education (ED); and
 more than a dozen related agencies (RAs), including the Social Security
Administration (SSA), 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 bill, supporting
annually appropriated entitlements such as Medicaid and Supplemental Security Income (SSI).

1 Senate Appropriations Committee majority staff, “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.
2 See CRS Report R46859, Labor, Health and Human Services, and Education: FY2021 Appropriations. The
discretionary funding provided in the LHHS appropriations act is both provided and controlled by that act. The
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 Terms Used in the Federal
Budget Process, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO-05-734SP. (Terms of interest
may include budget authority, appropriated entitlement, direct spending, discretionary, entitlement authority, and
mandatory.)
Congressional Research Service

1

Status of FY2022 LHHS Appropriations: In Brief

Discretionary funds, which account for less than 20% of total funds in the bill, tend to be the
focus of congressional debate during the appropriations process.3 This is because the
appropriations process generally has little control over the amount of mandatory funding 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 generally 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 small share of the entire LHHS
bill, the bill is typically the largest single source of nondefense discretionary funding for the
federal government. (The Department of Defense bill is the largest single source of discretionary
funding overall.)
Calculating Total LHHS Budget Authority
Budget authority is the amount of money a federal agency is legally 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 typically 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 bill) would be calculated regardless of the year in which the
funding becomes available.4 In some cases, however, such as the 302(b) suballocations (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 Additionally, budgetary
totals may or may not include Congressional Budget Office (CBO) scorekeeping and other adjustments to reflect
budget enforcement conventions and special instructions of Congress.6
Context for FY2022
Under the congressional budget process, congressional consideration of annual appropriations
traditionally is preceded by the submission of the President’s budget request and the adoption of
the congressional budget resolution. However, the FY2022 cycle has been affected by a number
of timing and budgetary issues related to the ongoing COVID-19 pandemic, the presidential
transition, and a lack of statutory discretionary spending limits for the first time in a decade.
Background related to these issues is provided below.

3 For an illustrative discussion of the distribution of funds among the different titles of the bill, and between
discretionary and mandatory spending, see the summary of FY2021 LHHS appropriations in CRS Report R46859,
Labor, Health and Human Services, and Education: FY2021 Appropriations, pp. 12-14.
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).
Congressional Research Service

2

link to page 7 link to page 7 Status of FY2022 LHHS Appropriations: In Brief

COVID-19 Pandemic Supplemental Appropriations for FY2020 and
FY2021
Subsequent to the enactment of annual FY2020 LHHS appropriations and the submission of the
President’s FY2021 budget, the effects of the COVID-19 pandemic on communities across the
world and throughout the United States elicited a legislative response from Congress and the
President. In the first months of the pandemic, four FY2020 supplemental appropriations were
part of this legislative response:7
 Title III, Division A, of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (P.L. 116-123), enacted on March 6,
2020, provided approximately $6.4 billion in supplemental LHHS funds8;
 Title V, Division A, of the Families First Coronavirus Response Act (FFCRA,
P.L. 116-127), enacted on March 18, 2020, provided $1.25 billion in
supplemental LHHS funds;
 Title VIII, Division B, of the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act, P.L. 116-136), enacted on March 27, 2020, provided $172.1
billion in supplemental LHHS funds; and
 Title I, Division B, of the Paycheck Protection Program and Health Care
Enhancement Act (PPPHCEA, P.L. 116-139), enacted on April 24, 2020,
provided $100 billion in supplemental LHHS funds.
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. Supplemental
HHS funds totaled $248 billion and represented a 261% increase over the agency’s FY2020
regular appropriations funding level. ED received the next largest increase via supplemental
funds (43%), whereas the DOL and RAs titles received the smallest increases relative to their
initial FY2020 enacted levels (5% and 3%, respectively).
All 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.9 (See “FY2022 Discretionary Spending Levels and Appropriations
Allocations” for a further explanation of this issue.)
While annual appropriations for FY2021 were under discussion during the summer and fall of
2020, Congress and President Trump considered whether any additional COVID-19 response
funding should be enacted.10 Ultimately, the same law (P.L. 116-260) that provided regular annual

7 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. For further information on the LHHS appropriations provided by these COVID-
19 supplementals, see CRS Report R46353, COVID-19: Overview of FY2020 LHHS Supplemental Appropriations.
8 Of the amount shown for P.L. 116-123, $300 million (appropriated to the Public Health and Social Services
Emergency Fund at HHS) was contingent upon future HHS actions.
9 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Limits.
10 Prior to the enactment of full-year FY2021 LHHS funding, COVID-19-related LHHS provisions were proposed 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 were
Congressional Research Service

3

Status of FY2022 LHHS Appropriations: In Brief

LHHS appropriations for FY2021 in Division H also provided FY2021 supplemental
discretionary appropriations in Division M. This law, which was enacted on December 27, 2020,
provided a total of $154.9 billion in supplemental LHHS funds, all of which were designated as
an emergency requirement (Title III, Division M). This funding was split roughly equally
between HHS (48%) and ED (53%). (None was enacted for DOL or RAs.) The ED supplemental
funding budgetary increase of $82 billion was 112% of its FY2021 regular appropriations. HHS
regular appropriations were increased by 75% (+$73 billion).11
The FY2020 and FY2021 supplemental funding was in many cases provided to LHHS accounts
and activities that also received annual appropriations. Although this funding was generally for
COVID-19-related response efforts, some of these efforts could include expanding basic
infrastructure and capacity that would otherwise have been unfunded (or funded through annual
appropriations had the supplemental funding not been available). As FY2022 LHHS
appropriations are being considered, Congress and President Biden will need to consider the
extent to which any further funding supporting COVID-19 pandemic response will be enacted as
regular appropriations subject to the spending limits, or as an emergency requirement. They also
will need to decide whether any program investments or expansions funded via previously
enacted COVID-19 supplemental appropriations should be sustained.
Timing of the FY2022 President’s Budget Submission
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
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
advised Congress regarding the general contours of their economic and budgetary policies in
special messages submitted to Congress prior to that submission.12 This delay allows time to
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
priorities for FY2022.13 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
28, almost four months after its due date.14 As a result, the start of annual appropriations
decisionmaking for FY2022 also was delayed to allow time for Congress to consider this request.
FY2022 Discretionary Spending Levels and Appropriations
Allocations
For the decade prior to FY2022, the framework for discretionary spending budget enforcement
under the congressional budget process involved both statutory and procedural elements. Those
statutory elements included 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

designated as an emergency requirement, this was not the case universally.
11 For further information, see CRS Report R46775, Overview of COVID-19 LHHS Supplemental Appropriations:
FY2020 and FY2021.
12 See CRS Insight IN11655, Budget Submission After a Presidential Transition: Contextualizing the Biden
Administration’s FY2022 Request.
13 Office of Management and Budget (OMB), The President’s FY2022 Discretionary Request, April 9, 2021,
https://www.whitehouse.gov/omb/fy-2022-discretionary-request/.
14 See https://www.whitehouse.gov/omb/budget/.
Congressional Research Service

4

Status of FY2022 LHHS Appropriations: In Brief

nondefense spending, and the bill has the largest share of such spending compared to the other
annual appropriations bills.
The procedural elements of budget enforcement are primarily associated with the budget
resolution. This provides a limit on total discretionary spending available to the appropriations
committees (commonly referred to as a 302(a) allocation) and allows the appropriations
committees to create limits on spending under the jurisdiction of each appropriations
subcommittee (302(b) suballocations). Certain spending is effectively exempt from these limits
(commonly referred to as adjustments to those limits). In recent years, adjustments that have been
applied to LHHS appropriations are for emergency requirements, to accommodate new budget
authority for specified program integrity initiatives at HHS (health care fraud and abuse control)
and the SSA (continuing disability reviews and redeterminations), and for DOL to fund
reemployment services and eligibility assessments conducted by the states related to
unemployment compensation.15
The statutory limits on discretionary spending expired at the end of FY2021. This generally
means that, absent the imposition of new statutory limits, discretionary budget enforcement for
FY2022 will occur via procedural means only. As the FY2022 appropriations cycle progresses,
however, Congress may consider whether to re-impose statutory caps, and if so, at what levels
and for what number of fiscal years. Absent statutory caps, the amount of FY2022 discretionary
spending—in total and for LHHS—will still need to be determined. In addition, Congress will
need to determine to what degree any discretionary spending for FY2022 will be effectively
exempt from budget enforcement, whether statutory or procedural.
A FY2022 budget resolution has been 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.
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
Congressional Record allocations consistent with the levels in the budget resolution. Those levels
were filed in the Senate on September 23, 2021.16 Section 4006 provided similar authority to the
Chair of the House Budget Committee and those allocations were filed on October 27, 2021.17
Generally, after the budget resolution has been approved by both chambers, the next step in the
appropriations process is for each of the appropriations committees to adopt suballocations from
the total amount allocated to them. These 302(b) suballocations provide a limit on current-year
(in this case, FY2022) appropriations within each subcommittee’s jurisdiction and incorporate
any applicable scorekeeping adjustments made by CBO. Neither the House nor the Senate has
filed 302(b) suballocations pursuant to the FY2022 budget resolution.
However, earlier this year 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 resolution, H.Res. 467 on June 14, 2021.18 This resolution provided for 302(a)
allocations to the House Appropriations Committee at a specified level, provided limits on

15 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Limits.
16 “Publication of Budgetary Material,” Congressional Record, daily edition, Vol. 167, No. 165 (September 23, 2021),
pp. S6667-S6668.
17 Publication of Budgetary Material,” Congressional Record, daily edition, Vol. 167, No. 189 (October 27, 2021), pp.
H5956-H5957.
18 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.
Congressional Research Service

5

Status of FY2022 LHHS Appropriations: In Brief

advance appropriations,19 and allowed adjustments to those allocations for emergency
requirements, health care fraud and abuse control, and continuing disability reviews and
redeterminations (as well as other purposes that do not apply to LHHS).20 Pursuant to this
resolution, the Chair of the House Budget Committee, Representative Yarmuth, published in the
Congressional Record the House Appropriations Committee allocations on June 24.21 The House
Appropriations Committee reported their initial 302(b) suballocations for all 12 subcommittees
on July 1 (H.Rept. 117-78).22 The discretionary budget authority suballocation for LHHS of
$237.466 billion represents a 36% (+$63.4 billion) increase relative to FY2021. That amount does
not include funding subject to adjustments, such as for emergency requirements.
FY2022 LHHS Legislative Action
FY2022 Continuing Appropriations
FY2022 LHHS appropriations are currently being provided by a continuing resolution (CR)
(Division A of H.R. 5305; P.L. 117-43). This CR was signed into law on September 30, 2021. 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, 65-35,23
which was subsequently agreed to by the House, 254-175.
The CR provides continuing appropriations for all 12 annual appropriations acts (including
LHHS) through December 3, 2021. In general, the CR funds discretionary programs at the same
rate and under the same conditions as in FY2020 (§101) and annually appropriated entitlements at
their current law levels (§111).24 It also includes several anomalies that are specific to LHHS
accounts or related activities (§§138-149).
Congressional Action on FY2022 Full-Year Appropriations
The House completed initial floor consideration of FY2022 LHHS appropriations on July 29,
2021, with the passage (219-208) of H.R. 4502. Those LHHS appropriations were packaged for

19 Advance appropriations become available for obligation one or more fiscal years after the budget year covered by
the appropriations act. 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, Advance
Appropriations, Forward Funding, and Advance Funding: Concepts, Practice, and Budget Process Considerations.
20 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
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.
21 “Publication of Budgetary Material,” Congressional Record, daily edition, Vol. 167, No. 110 (June 24, 2021), p.
H3130.
22 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.
23 No substantive changes were made by the Senate amendment to the CR provisions in Division A of H.R. 5305.
24 For an estimate of the discretionary appropriations contained in Division A of H.R. 5305, see Table 1-H and 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.
Congressional Research Service

6

Status of FY2022 LHHS Appropriations: In Brief

the purposes of floor consideration with six other appropriations acts, with LHHS appropriations
being in Division A of H.R. 4502.25 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
consideration on the floor.26 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
(i.e., in groups of amendments to be disposed of together).27 All but two LHHS amendments were
considered in this manner.28 When counted as 56 separate amendments, 47 were adopted and 9
were rejected.
Previously, 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 approved in subcommittee, via a voice vote, on July 12, 2021.
While the Senate Appropriations Committee has not yet voted to report the legislation, the
committee chair, Senator Leahy, released a majority draft of the LHHS bill and accompanying
draft report language on October 18, 2021.29 According to the chair, the purpose of this release is
to further negotiations toward enacting all 12 annual appropriations bills prior to when the CR
expires on December 3.30
FY2022 LHHS Estimated Discretionary Funding Levels
Table 1 displays the CBO estimate of enacted LHHS discretionary appropriations for FY2021,
the House committee-reported FY2022 discretionary appropriations for LHHS, and those in the
Senate majority draft proposal. The amount shown for “regular discretionary appropriations” does
not include any funding that is subject to program integrity adjustments or emergency
designations. 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 bill, the House Committee proposal would increase regular discretionary
appropriations for LHHS relative to FY2021 by 36% (+$63.4 billion), while the Senate majority
draft proposal would increase those appropriations by 27% (+46.7 billion).31

25 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
Transportation and Housing and Urban Development.
26 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.
27 For further information about en bloc authority in the context of House floor consideration of appropriations
measures, see CRS Report R46841, Changes in the House of Representatives’ Initial Consideration of Regular
Appropriations Measures, 113th-116th Congresses.
28 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 Congressional Record, daily edition, Vol. 167, No. 131 (July 27, 2021), pp. H4055-H4073.
29 On October 25, Senator Patty Murray, Chair of the Senate Appropriations LHHS Subcommittee, introduced an
FY2022 LHHS bill (S. 3062). This bill was referred to the Senate Appropriations Committee. Because S. 3062 has not
received any congressional action, this report does not discuss this measure.
30 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.
31 This CRS estimate is based on a comparison of the CBO estimate for FY2021 enacted (CBO, Report on the Status of
Discretionary Appropriations, Fiscal Year 2021, House of Representatives, as of July 30, 2021, https://www.cbo.gov/
system/files?file=2021-09/FY2021-House.pdf) to the total amount of spending listed on page 1 of the Senate majority
Congressional Research Service

7

link to page 7 link to page 7 link to page 11 link to page 11 Status of FY2022 LHHS Appropriations: In Brief

As mentioned previously, certain LHHS appropriations, such as those allowed for program
integrity funding or designated for emergency requirements, are effectively exempt from the
discretionary spending limits. As was the case for FY2021, the FY2022 House Committee and
Senate majority draft proposals would provide the maximum amount allowed for program
integrity spending under relevant procedures (see discussion in “FY2022 Discretionary Spending
Levels and Appropriations Allocations”). With regard to new FY2022 funding for emergency
requirements, no such emergency-designated funding has been proposed by the House Committee
or the Senate majority draft. The “adjusted appropriations” total in the table includes these
additional funds along with “regular discretionary appropriations.”
Table 1. LHHS Discretionary Appropriations: Comparison of FY2021 Enacted with
FY2022 House Appropriations Committee and Senate Majority Draft Proposals
(Budget authority in billions of dollars)

FY2022 House
FY2022 Senate
FY2021
Committee Bill
Majority Draft
Enacted
(H.R. 4502)
Bill
Regular discretionary
appropriations
174.073
237.466
220.757
Adjustments:a

Health care fraud and abuse
control
0.496
0.556
0.556
Continuing disability reviews
and redeterminations
1.302
1.435
1.435
Reemployment services and
eligibility assessments
0.083
0.133
0.133
Emergency requirementsb
156.588
—
—
Adjusted appropriations
332.542
239.590
222.881
Source: The FY2021 enacted 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/system/files?file=2021-09/
FY2021-House.pdf and CRS analysis of Division H of P.L. 116-260. The FY2022 House amounts are from page 3
of H.Rept. 117-96, and CRS analysis of H.R. 4502, as reported. FY2022 Senate amounts are from page 1 of the
Senate majority draft LHHS committee report and CRS analysis of the Senate majority draft LHHS bil posted at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-
appropriations-bil s. “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 well as funds
provided under authorities in the 21st Century Cures Act (P.L. 114-255) that are effectively exempt from the
spending limits.
Notes: Amounts reflect current-year discretionary budget authority subject to spending limits.
a. CBO presents the FY2021 enacted amounts provided for health care fraud and abuse control, continuing
disability reviews and redeterminations, and reemployment services and eligibility assessments as an
aggregated “program integrity” total of $1.881 bil ion. The FY2021 enacted amounts for these activities are
identified via CRS analysis of Division H of P.L. 116-260.
b. A total of $4.211 bil ion in FY2022 emergency-designated supplemental LHHS appropriations were enacted
in Divisions A and C of P.L. 117-43. These are not reflected in this table or the FY2022 amounts discussed

draft LHHS committee report (posted at https://www.appropriations.senate.gov/news/majority/chairman-leahy-
releases-remaining-nine-senate-appropriations-bills). The Senate majority draft LHHS committee report estimates the
proposed increase over FY2021 as follows, “The subcommittee’s effective allocation, which includes discretionary
funding offset by savings in changes in mandatory programs, is $48,948,000,000 more than the comparable fiscal year
2021 level” (p.1).
Congressional Research Service

8

Status of FY2022 LHHS Appropriations: In Brief

c. in this report. (See pages 374-375 of the Senate majority draft LHHS committee report posted at
https://www.appropriations.senate.gov/news/majority/chairman-leahy-releases-remaining-nine-senate-
appropriations-bil s.)

Author Information

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

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R46853 · VERSION 5 · UPDATED
9