Status of FY2021 Labor, Health and Human Services, and Education Appropriations: In Brief

Status of FY2021 Labor, Health and Human Services, and Education Appropriations: In Brief

Status of FY2021 Labor, Health and Human
Services, and Education Appropriations:
In Brief
Updated January 10, 2022
Congressional Research Service
https://crsreports.congress.gov
R46457

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Contents
Scope of the LHHS Bill ................................................................................................................... 1
Context for FY2021 ......................................................................................................................... 2
FY2020 Regular and Supplemental Appropriations ................................................................. 3
FY2021 Supplemental Appropriations ...................................................................................... 4
FY2021 Discretionary Spending Limits and Appropriations Allocations ................................. 5
LHHS Legislative Action ................................................................................................................ 6
FY2021 Emergency Security Supplemental Appropriations Act .............................................. 6
FY2021 Consolidated Appropriations Act ................................................................................ 6
FY2021 Continuing Appropriations .......................................................................................... 7
Prior Congressional Action on FY2021 Full-Year Appropriations ........................................... 7
FY2021 LHHS Estimated Discretionary Funding Levels ......................................................... 8

Tables
Table 1. LHHS Discretionary Appropriations: Comparison of FY2020 Enacted with
FY2021 Proposed and Enacted Amounts ..................................................................................... 9

Contacts
Author Information ........................................................................................................................ 10

Congressional Research Service

Status of FY2021 LHHS Appropriations

n December 27, 2020, full-year FY2021 appropriations for the Departments of Labor,
Health and Human Services, and Education, and Related Agencies (LHHS) were signed
O into law as Division H of the Consolidated Appropriations Act, 2021 (FY2021 CAA,
H.R. 133; P.L. 116-260).1 In addition, Division M of the act provided emergency supplemental
appropriations to respond to the global pandemic of the Coronavirus Disease 2019 (COVID-19).
Since the start of the fiscal year on October 1, 2020, LHHS programs and activities had been
temporarily funded via a series of continuing resolutions (CRs).
Prior to the end of FY2021, a supplemental appropriations act containing LHHS appropriations
was signed into law (P.L. 117-31) on July 30, 2021. This law provided $25 million in emergency-
designated funding for the Refugee and Entrant Assistance account at HHS for specified purposes
related to Afghan special immigrants.
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 and FY2021, versus relevant FY2021 legislative proposals. It also provides
background on the scope of the bill 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 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, 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.

1 For background on the FY2020 LHHS appropriations bill, see CRS Report R46492, Labor, Health and Human
Services, and Education: FY2020 Appropriations.
2 The FY2021 total is drawn from the Congressional Record, Vol. 166, No. 218, Book IV, December 17, 2019, pp.
H8709, https://www.congress.gov/116/crec/2020/12/21/CREC-2020-12-21.pdf-bk4. 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.)
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Status of FY2021 LHHS Appropriations

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).
Discretionary funds account for less than 20% of total funds in the bill, but they 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, 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
traditionally 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, President Trump submitted a letter to
Congress about FY2021 budget amendments (along with a supplemental appropriations request

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 FY2020 LHHS appropriations in CRS Report R46492,
Labor, Health and Human 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.
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for FY2020) related to the response to the COVID-19 outbreak.8 These budget amendments
affected the FY2021 President’s requested levels for several accounts at 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 decision-making 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 has been influenced by
the ongoing COVID-19 pandemic. Four emergency FY2020 supplemental discretionary
appropriations measures were enacted during March and April of 2020 as part of the legislative
response to the pandemic. In December, an FY2021 discretionary supplemental appropriations
measure was enacted as Division M of the Consolidated Appropriations Act, 2021. These and
related issues are summarized below.
On January 14, 2021, following the enactment of full-year FY2021 appropriations, the Trump
Administration transmitted to Congress a proposal for rescissions of budget authority totaling
$27.4 billion.9 The proposal was submitted in accordance with Section 1012 of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C. §683). The transmittal proposed
rescissions totaling nearly $1.8 billion for LHHS-related accounts at DOL, HHS, ED, and the
Corporation for National and Community Service. The rescissions proposal was subsequently
withdrawn by the Biden Administration, on January 31, 2021.10
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 billion (including
advance appropriations for future years, but excluding certain scorekeeping adjustments).11 This
amount was 3.2% more than FY2019 enacted levels. The omnibus also provided $902.3 billion in
mandatory funding, for a combined LHHS total of $1.098 trillion.
Subsequently, five acts were 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 million in additional funding to DOL to carry out the United
States-Mexico-Canada Agreement.12 The remaining four, which together contain more than 99%

8 Executive Office of the President, Office of Management and Budget, Letter from Acting Director Russell T. Vought
to The 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.
9 Office of Management and Budget (OMB), Rescission Transmittal Package, January 14, 2021, available at
https://www.whitehouse.gov/wp-content/uploads/2018/05/POTUS-Rescission-Transmittal-Package-5.8.2018.pdf.
10 See letter posted at https://www.whitehouse.gov/wp-content/uploads/2021/02/Rescissions-Withdrawal-
Package_President-of-the-Senate.pdf.
11 This 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).
12 Title IX of the United States-Mexico-Canada Agreement Supplemental Appropriations Act, 2019, (USMCA, P.L.
116-113). The 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. The labor-related provisions in
the USMCA, which are associated with ILAB’s role, are discussed in CRS Report R44981, The United States-Mexico-
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Status of FY2021 LHHS Appropriations

of the LHHS supplemental appropriations provided for FY2020 ($279.8 billion), were part of the
legislative response to the COVID-19 global pandemic:13
 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
 Title I, Division B, of the Paycheck Protection Program and Health Care
Enhancement Act (PPPHCEA, P.L. 116-139), enacted on April 24, 2020.
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.14
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
billion 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 smallest increases relative to their initial
FY2020 enacted levels (5% and 3%, respectively).
FY2021 Supplemental Appropriations
While annual appropriations for FY2021 were being deliberated, Congress and the President
considered the extent to which any additional COVID-19 pandemic response funding would be
enacted in separate supplemental appropriations measures or packaged with the FY2021 annual
funding. In addition, policymakers had the option of making further COVID-19 pandemic
response funding subject to the limit on FY2021 nondefense discretionary spending, or to provide
that funding instead as emergency appropriations (effectively exempt from that limit).15
Ultimately, $155 billion in FY2021 emergency-designated supplemental LHHS appropriations for

Canada Agreement (USMCA), pp. 32-33.
13 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. The 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 pandemic
response supplementals, see CRS Report R46353, COVID-19: Overview of FY2020 LHHS Supplemental
Appropriations.
14 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Limits.
15 Prior to the enactment of full-year FY2021 LHHS funding, COVID-19 pandemic-related LHHS provisions were
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 pandemic-related
provisions were designated as an emergency requirement, that was not the case universally.
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Status of FY2021 LHHS Appropriations

COVID-19 pandemic response were included in a separate division of the Consolidated
Appropriations Act, 2021 (Division M, P.L. 116-260).16
Prior to the end of FY2021, a supplemental appropriations act containing LHHS appropriations
was enacted (P.L. 117-31) on July 30, 2021. In addition to the LHHS supplemental appropriations
previously enacted in Division M of P.L. 116-260, this law provided $25 million in supplemental
appropriations for the Refugee and Entrant Assistance account at HHS for specified purposes
related to Afghan special immigrants.
In total, FY2021 supplemental LHHS appropriations increased regular FY2021 LHHS funding by
about 77%. Just over half of the FY2021 supplemental LHHS funding was provided to ED
(53%), with the remainder being provided to HHS (47%). No supplemental appropriations for
FY2021 were enacted for DOL or RA.
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).17
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).18 The FY2021
nondefense limit ($626.5 billion) was 0.8% (+$5 billion) more than the FY2020 limit. In addition,
BBA 2019 provided procedures to establish the spending allocations to the House and Senate
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.19 Among
other requirements, these spending allocations must be consistent with the levels established by
the statutory discretionary spending limits. These FY2021 committee-level spending allocations
were submitted in the House on May 1, and in the Senate on May 4, 2020.20

16 In addition, the annual LHHS appropriations in Division H included a total of $1.563 billion in emergency-
designated funding to support state efforts to process additional unemployment insurance claims, and a program to help
low-income households pay water and wastewater treatment bills.
17 For further information, see CRS Report R45778, Exceptions to the Budget Control Act’s Discretionary Spending
Limits.
18 For further information, see CRS Insight IN11148, The Bipartisan Budget Act of 2019: Changes to the BCA and
Debt Limit.
19 Ibid. For a general discussion of budget enforcement mechanisms that may be adopted in the absence of a budget
resolution, see CRS Report R44296, Deeming Resolutions: Budget Enforcement in the Absence of a Budget Resolution.
20 “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.
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Status of FY2021 LHHS Appropriations

Generally, 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 (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) suballocations for each of its 12 subcommittees on
July 9.21 The House initial LHHS discretionary suballocation for FY2021 was $182.9 billion.22
The Senate Appropriations Committee did not formally adopt suballocations prior to the
enactment of full-year appropriations for FY2021, although a majority proposal for these
suballocations was released on November 10, 2020.23
LHHS Legislative Action
FY2021 Emergency Security Supplemental Appropriations Act
H.R. 3237 was introduced as a supplemental appropriations bill by the chair of the House
Appropriations Committee, Representative DeLauro, on May 14, 2021. Both as introduced and as
passed by the House (213-212, 3 present) on May 20, 2021, the bill did not contain LHHS
funding. Subsequently, the Senate added $25 million in supplemental appropriations for the
Refugee and Entrant Assistance account at HHS for specified purposes related to Afghan special
immigrants, among other changes. The bill passed the Senate, as amended (98-0), on July 29,
2021. The House agreed to the Senate-passed version (416-11) on July 30, 2021, and the bill was
signed into law (P.L. 117-31) by President Biden that same day.
FY2021 Consolidated Appropriations Act
On December 27, 2020, the Consolidated Appropriations Act, 2021 (FY2021 CAA; H.R. 133)
was signed into law by the President (P.L. 116-260). The FY2021 CAA provided full-year
appropriations for all 12 annual appropriations acts in Divisions A-L, and supplemental
appropriations for COVID-19 pandemic relief in Division M.24 (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 December 21. (The vote to approve the portion that contained LHHS
appropriations was 359-53.25) It was approved by the Senate (92-6) later that same day. The

21 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.
22 The 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.
23 See linked draft 302(b) suballocation text in the Senate Appropriations Committee majority press release,
“Committee Releases FY21 Bills in Effort to Advance Process, Produce Bipartisan Results,” November 10, 2020,
https://www.appropriations.senate.gov/news/committee-releases-fy21-bills-in-effort-to-advance-process-produce-
bipartisan-results.
24 The FY2021 CAA 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. For further discussion, see the Congressional Budget Office cost estimate for Division N, released on January
14, 2021, https://www.cbo.gov/system/files/2021-01/PL_116-260_div_N.pdf. In addition, Divisions O-FF of the
FY2021 CAA contained miscellaneous authorizing provisions that are also beyond the scope of this report.
25 The special rule, H.Res. 1271, provided for the consideration of an amendment consisting of the FY2021 CAA (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
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FY2021 LHHS appropriations provided in the FY2021 CAA are summarized in “FY2021 LHHS
Estimated Discretionary Funding Levels.”
FY2021 Continuing Appropriations
Between the start of the fiscal year on October 1, 2020, and the enactment of the FY2021 CAA on
December 27, 2020, LHHS programs and activities were provided temporary FY2021 funding via
a series of continuing resolutions (CRs).
The first CR providing temporary funding for LHHS programs and activities was signed into law
on October 1 (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, 359-57.26 The Senate subsequently took up and
passed the measure without amendment, 84-10, on September 30.
The CR provided continuing appropriations for all 12 annual appropriations acts (including
LHHS) through December 11, 2020. In general, the CR funded 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).27 It also included several anomalies that are
specific to LHHS accounts or related activities (§§149-156).
This first CR was extended by four subsequent CRs:
 P.L. 116-215 (Division A), which extended LHHS funding through December 18;
 P.L. 116-225, which extended LHHS funding through December 20;
 P.L. 116-226, which extended LHHS funding through December 21; and
 P.L. 116-246, which extended LHHS funding through December 28.
Prior Congressional Action on FY2021 Full-Year Appropriations
Prior to the start of the fiscal year, the House took action on full-year LHHS appropriations.
Those LHHS appropriations were initially 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 have provided 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.28 Floor action on H.R. 7617 was regulated by the terms of a special rule

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.
26 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.
27 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.
28 H.R. 7617 was initially expected to provide appropriations for the act funding the Department of Homeland Security,
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(H.Res. 1067) that made in order 92 amendments to the LHHS title of the bill.29 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). All but three LHHS amendments were considered in this manner.30 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 bill, 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 bill on July 7, by a vote of 9-6. Full committee approval of
the initial suballocations for all 12 bills, including LHHS, occurred on July 9, by a vote of 29-21
(H.Rept. 116-443).
Senate Appropriations Committee action on the FY2021 LHHS bill did not occur during the
FY2021 cycle. The chair of the Senate Committee on Appropriations, Senator Richard Shelby,
released drafts of all 12 annual appropriations bills along with draft accompanying committee
reports on November 10, 2020, which was intended to further negotiations on annual
appropriations between the House and the Senate. 31 Hereinafter, the draft of the Senate LHHS
bill is referred to as “the Senate Appropriations Committee majority draft bill.”
FY2021 LHHS Estimated Discretionary Funding Levels
Table 1 displays the CBO estimate of enacted LHHS discretionary appropriations for FY2020
and FY2021, House-passed FY2021 discretionary appropriations for LHHS, and the Senate
Appropriations Committee majority draft bill released by the chair of the Senate Appropriations
Committee, Senator Shelby. 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. 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, FY2021 enacted regular discretionary appropriations for LHHS
decreased relative to FY2020 by about $9 billion (-4.9%). However, readers should note that the
LHHS funding amounts calculated via this method are the net of billions of dollars in offsets
included in each proposal, such as certain rescissions of previously enacted funding and changes
in mandatory program spending (CHIMPS). When those offsets are excluded from this
calculation, enacted FY2021 regular discretionary appropriations represent an increase to LHHS

but that division was ultimately omitted under the terms of the special rule that regulated floor consideration (H.Res.
1067).
29 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 from the bill.
30 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.
31 See linked draft bill and report language text in the Senate Appropriations Committee majority press release,
“Committee Releases FY21 Bills in Effort to Advance Process, Produce Bipartisan Results,” November 10, 2020,
https://www.appropriations.senate.gov/news/committee-releases-fy21-bills-in-effort-to-advance-process-produce-
bipartisan-results. See also the statement from the Senate Appropriations Committee Vice Chair, Senator Patrick
Leahy, at https://www.appropriations.senate.gov/news/minority/senate-approps-vice-chair-leahy-statement-on-the-
release-of-the-fy-2021-senate-appropriations-bills-.
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link to page 12 Status of FY2021 LHHS Appropriations

funding relative to FY2020.32 Similarly, using CBO conventions, the House proposal would have
decreased LHHS regular discretionary appropriations by about $128 million (-0.1%) relative to
the FY2020 enacted level, whereas the comparable amount in the Senate Appropriations
Committee majority draft bill would have represented a $1.4 billion increase (+0.8%) relative to
FY2020. However, when offsets are excluded, both the House-passed bill and the Senate
Appropriations Committee majority draft would have increased regular discretionary funding
relative to FY2020.33
As previously mentioned, certain LHHS appropriations, such as those allowed for program
integrity funding or designated as for emergency requirements, are effectively exempt from the
discretionary spending limits. Enacted FY2021 LHHS appropriations, as well as the House-
passed bill and the Senate Appropriations Committee majority draft bill, included the maximum
amount allowed for program integrity funding ($1.881 billion). With regard to new FY2021
funding for emergency requirements, the House bill would have provided an estimated $24.425
billion in emergency-designated funding for purposes associated with COVID-19 pandemic
response, whereas the Senate Appropriations Committee majority draft bill did not include such
emergency-designated funding. Enacted FY2021 LHHS appropriations have included $156.588
billion in emergency-designated funding. The “adjusted appropriations” total in the table includes
these additional funds along with “regular discretionary appropriations.”

Table 1. LHHS Discretionary Appropriations: Comparison of FY2020 Enacted with
FY2021 Proposed and Enacted Amounts
(Budget authority in billions of dollars)

FY2021 Senate
Appropriations
FY2020
FY2021 House
Committee
FY2021
Enacted
(H.R. 7617)
Majority Draft
Enacted
Regular discretionary
appropriationsa
183.042
182.914
184.472
174.073
Adjustments:

Program integrity
1.842
1.881
1.881
1.881
Emergency requirements
280.000
24.425
0
156.588
Adjusted appropriations
464.884
209.220
186.353
332.542
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

32 See Senate Appropriations Committee Vice Chair, Senator Patrick Leahy, “Summary, Labor, Health and Human
Services, Education, and Related Agencies Fiscal Year 2021 Appropriations Bill,” December 21, 2020, p. 1,
https://www.appropriations.senate.gov/imo/media/doc/LHHS.pdf.
33 For the House-passed proposal, see the 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 substantially from that reported by the committee in H.R.
7614.) For the Senate Appropriations Committee majority draft bill, see the Senate Appropriations Committee majority
press release, “Labor, Health and Human Services, Education, and Related Agencies, 2021,” November 10, 2020,
https://www.appropriations.senate.gov/imo/media/doc/FY21%20BILL%20HIGHLIGHTS_LABORH.pdf.
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Status of FY2021 LHHS Appropriations

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. The FY2021 Senate Appropriations Committee Majority Draft amount is from
page 3 of the draft committee report released by the Senate Appropriations Committee Chair, Senator Shelby,
on November 10, 2020, https://www.appropriations.senate.gov/imo/media/doc/LHHSRept.pdf. The FY2021
enacted amount is 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.
Notes: Amounts reflect current-year discretionary budget authority subject to spending limits.
a. 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.

Author Information

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

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