Labor, Health and Human Services, and Education: FY2008 Appropriations

Order Code RL34076 Labor, Health and Human Services, and Education: FY2008 Appropriations Updated February 1, 2008 Pamela W. Smith, Coordinator, Gerald Mayer, and Rebecca R. Skinner Domestic Social Policy Division The annual consideration of appropriations bills (regular, continuing, and supplemental) by Congress is part of a complex set of budget processes that also encompasses the consideration of budget resolutions, revenue and debt-limit legislation, other spending measures, and reconciliation bills. In addition, the operation of programs and the spending of appropriated funds are subject to constraints established in authorizing statutes. Congressional action on the budget for a fiscal year usually begins following the submission of the President’s budget at the beginning of each annual session of Congress. Congressional practices governing the consideration of appropriations and other budgetary measures are rooted in the Constitution, the standing rules of the House and Senate, and statutes, such as the Congressional Budget and Impoundment Control Act of 1974. This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, Education, and Related Agencies. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity, and is updated as events warrant. The report lists the key CRS staff relevant to the issues covered and related CRS products. NOTE: A Web version of this document with active links is available to congressional staff at [http://apps.crs.gov/cli/cli.aspx? PRDS_CLI_ITEM_ID=2347&from=3&fromId=73]. Labor, Health and Human Services, and Education: FY2008 Appropriations Summary This report tracks FY2008 appropriations for the Departments of Labor, Health and Human Services, Education, and Related Agencies (L-HHS-ED). This legislation provides discretionary funds for three major federal departments and 14 related agencies. The report, which will not be further updated, summarizes L-HHS-ED discretionary funding issues but not authorization or entitlement issues. On February 5, 2007, the President submitted the FY2008 budget request to Congress, including $141.7 billion in discretionary L-HHS-ED funds; the comparable FY2007 amount was $144.7 billion. The House passed H.R. 3043 (H.Rept. 110231), providing $154.2 billion for L-HHS-ED programs. The Senate reported S. 1710 (S.Rept. 110-107), then later passed H.R. 3043, amended, with $152.3 billion in discretionary funds. The conference report (H.Rept. 110-424), providing $153.3 billion, was vetoed on November 13, 2007; the House failed to override the veto on November 15. A series of four continuing resolutions provided temporary FY2008 funding until enactment of P.L. 110-161, the Consolidated Appropriations Act, 2008, on December 26, 2007. Division G of the act provided $148.7 billion for discretionary L-HHS-ED programs. Department of Labor (DOL). DOL discretionary appropriations were $11.7 billion for FY2008, an increase of $7 million (0.1%) over funding for FY2007. The request for FY2008 was $11.0 billion, including a reduction in Workforce Investment Act (WIA) programs of $632 million. P.L. 110-161 increased funding for WIA by $52 million over FY2007 funding of $5.1 billion. Department of Health and Human Services (HHS). HHS discretionary appropriations were $65.6 billion for FY2008, an increase of $1.5 billion (2.3%) over the FY2007 level of $64.1 billion. The Administration requested $63.2 billion. The act increased funding over FY2007 by $77 million for Health Centers, $304 million for Health Care-Related Facilities and Activities, $329 million for the National Institutes of Health, and $409 million for the Low-Income Home Energy Assistance Program (LIHEAP). Funding for Buildings and Facilities at the Centers for Disease Control and Prevention decreased by $79 million. Department of Education (ED). ED discretionary appropriations were $59.4 billion for FY2008, an increase of $2.0 billion (3.4%) over funding for FY2007. Funding for the Elementary and Secondary Education Act (ESEA), reauthorized by the No Child Left Behind Act (P.L. 107-110), was $24.6 billion for FY2008, an increase of $1.1 billion over funding for FY2007 and an increase of $99 million over the FY2008 request of $24.5 billion. Related Agencies. Discretionary appropriations for L-HHS-ED related agencies were $12.0 billion for FY2008, an increase of $438 million (3.8%) over the FY2007 level of $11.5 billion. The Administration requested $11.3 billion. P.L. 110-161 increased funding for Social Security Administration (SSA) administrative expenses by $451 million for FY2008, up from $9.3 billion for FY2007. Key Policy Staff for L-HHS-ED Appropriations Area of Expertise Coordinator Name Pamela W. Smith Department of Labor (DOL) DOL appropriations coordinator Gerald Mayer Job training and employment services Blake Alan Naughton Labor market information Linda Levine Labor standards enforcement William G. Whittaker Mine Safety and Health Administration Linda Levine Occupational Safety and Health Administration Linda Levine Office of Workers’ Compensation Programs Scott Szymendera Older Americans Act, employment programs Angela Napili Kirsten Colello Pension and welfare benefits Patrick Purcell Trade adjustment assistance John Topoleski Unemployment compensation Julie M. Whittaker Veterans employment Christine Scott Workforce Investment Act Blake Alan Naughton Department of Health and Human Services (HHS) HHS appropriations coordinator Pamela W. Smith Abortion, legal issues Karen J. Lewis Jon Shimabukuro Abortion procedures Judith A. Johnson AIDS, Ryan White programs Judith A. Johnson Bioterrorism, HHS funding Sarah Lister Cancer research Judith A. Johnson Centers for Disease Control and Prevention Sarah A. Lister Child care and development Melinda Gish Child welfare Emilie Stoltzfus Adrienne L. Fernandes Cloning, stem cell research Judith A. Johnson Erin D. Williams Family Planning, Title X Angela Napili Federal health centers Barbara English Head Start Melinda Gish Health professions education and training Bernice Reyes-Akinbileje Health Resources and Services Administration Bernice Reyes-Akinbileje Immunization Pamela W. Smith Low-Income Home Energy Assistance Program Libby Perl Maternal and Child Health Block Grant Angela Napili Medicaid Elicia J. Herz Medicare Holly Sue Stockdale Needle exchange, AIDS Judith A. Johnson NIH, health research policy Pamela W. Smith Older Americans Act Angela Napili Pandemic Influenza/Bird Flu Sarah A. Lister Public Health Service Pamela W. Smith Refugee Resettlement Assistance Andorra Bruno Telephone 7-7048 7-7815 7-0376 7-7756 7-7759 7-7756 7-7756 7-0014 7-0135 7-7839 7-7571 7-2290 7-2587 7-7366 7-0376 7-7048 7-6190 7-7990 7-7077 7-7077 7-7320 7-7077 7-7320 7-4618 7-2324 7-9005 7-7077 7-4897 7-0135 7-1927 7-4618 7-2260 7-2260 7-7048 7-7806 7-0135 7-1377 7-9553 7-7077 7-7048 7-0135 7-7320 7-7048 7-7865 Area of Expertise Runaway Children and Homeless Youth Social Services Block Grant State Children’s Health Insurance Program (SCHIP) Stem cell research, cloning Name Adrienne L. Fernandes Melinda Gish Evelyne P. Baumrucker Judith A. Johnson Erin D. Williams Substance Abuse and Mental Health Services Ramya Sundararaman Temporary Assistance for Needy Families (TANF) Gene Falk Department of Education (ED) ED appropriations coordinator Rebecca R. Skinner Adult education and literacy Gail McCallion After-school programs Gail McCallion Assessment in education Wayne C. Riddle Career (vocational) and technical education Rebecca R. Skinner Charter schools David Smole College costs and prices Blake Alan Naughton Education block grants Rebecca R. Skinner Education for the Disadvantaged, Title I Wayne C. Riddle Education technology Rebecca R. Skinner Elementary and Secondary Education Wayne C. Riddle English language acquisition Rebecca R. Skinner Higher education David Smole Blake Alan Naughton Impact Aid Rebecca R. Skinner Indian education Roger Walke Pell Grants Blake Alan Naughton Reading programs Gail McCallion Rehabilitation Act Scott Szymendera Safe and Drug-Free Schools and Communities Gail McCallion Special education, IDEA Richard N. Apling Special education, IDEA, legal issues Nancy Lee Jones Special education, IDEA, state grants Ann Lordeman Student aid/need analysis Blake Alan Naughton Student loans David Smole Teacher recruitment, preparation, and training Jeffrey J. Kuenzi Gail McCallion 21st Century Community Learning Centers Related Agencies Corporation for National and Community Service Ann Lordeman (VISTA, Senior Corps, AmeriCorps) Corporation for Public Broadcasting Glenn J. McLoughlin Institute of Museum and Library Services Gail McCallion National Labor Relations Board Gerald Mayer National Labor Relations Board, legal issues Jon O. Shimabukuro Railroad Retirement Board Kathleen Romig Social Security Administration Kathleen Romig Dawn Nuschler Supplemental Security Income (SSI) Scott Szymendera Telephone 7-9005 7-4618 7-8913 7-7077 7-4897 7-7285 7-7344 7-6600 7-7758 7-7758 7-7382 7-6600 7-0624 7-0376 7-6600 7-7382 7-6600 7-7382 7-6600 7-0624 7-0376 7-6600 7-8641 7-0376 7-7758 7-0014 7-7758 7-7352 7-6976 7-2323 7-4894 7-0624 7-8645 7-7758 7-2323 7-7073 7-7758 7-7815 7-7990 7-3742 7-3742 7-6283 7-0014 Contents Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Consolidated Appropriations Act, 2008 Enacted (P.L. 110-161, H.R. 2764) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Third and Fourth Continuing Resolutions (CRs) Enacted (P.L. 110-137 and P.L. 100-149) . . . . . . . . . . . . . . . . . . . . . . . . . . 1 H.R. 3043 Vetoed, Override Failed in House . . . . . . . . . . . . . . . . . . . . 1 FY2008 Continuing Resolution Extended . . . . . . . . . . . . . . . . . . . . . . . 1 Conference Agreement on H.R. 3043 Passed . . . . . . . . . . . . . . . . . . . . 1 Senate Version of H.R. 3043 Passed . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Continuing Resolution P.L. 110-92 Enacted . . . . . . . . . . . . . . . . . . . . . 2 House Bill H.R. 3043 Reported and Passed . . . . . . . . . . . . . . . . . . . . . 2 Senate Bill S. 1710 Reported . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 President’s Budget Submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Note on Most Recent Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Overview and Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Discretionary and Mandatory Funding: Program Level and Current Year Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Discretionary Funding Trends, FY2002-FY2008 . . . . . . . . . . . . . . . . . . . . . 7 Discretionary Appropriations by Bill Title, FY2007-FY2008 . . . . . . . . . . . . 7 Major Discretionary Programs, FY2007-FY2008 . . . . . . . . . . . . . . . . . . . . . 8 FY2008 Appropriations: President’s Request . . . . . . . . . . . . . . . . . . . . . . . 9 FY2008 Appropriations: House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 FY2008 Appropriations: Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 FY2008 Appropriations: Conference Report on H.R. 3043 (Vetoed) . . . . . 14 Public Law: P.L. 110-161, Consolidated Appropriations Act, 2008 . . . . . 16 Continuing Appropriations Resolution, 2008 . . . . . . . . . . . . . . . . . . . . . . . 18 302(a) and 302(b) Allocation Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Advance Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Department of Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Conference Report (Vetoed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Detailed Appropriations Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Department of Health and Human Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conference Report (Vetoed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Abortion: Funding Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Embryonic Stem Cell Research: Funding Restrictions . . . . . . . . . . . . 31 CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Detailed Appropriations Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Department of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Conference Report (Vetoed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 New Programs and Program Eliminations . . . . . . . . . . . . . . . . . . . . . . 40 ESEA Funding Shortfall? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 IDEA Funding Shortfall? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Maintaining Integrity and Ethical Values in the Department of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Forward Funding and Advance Appropriations . . . . . . . . . . . . . . . . . . 42 Potential Problem with the Treatment of Prior Year Advance Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Detailed Appropriations Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Key Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 President’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 House Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Senate Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Conference Report (Vetoed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Public Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 CRS Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Detailed Appropriations Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Appendix A. Terminology and Web Resources . . . . . . . . . . . . . . . . . . . . . . . . . 55 Websites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 List of Tables Table 1. Table 2. Table 3. Table 4. Table 5. Table 6. Legislative Status of L-HHS-ED Appropriations, FY2008 . . . . . . . . . . 3 L-HHS-ED Appropriations Summary, FY2007-FY2008 . . . . . . . . . . . . 6 Discretionary Funding Trends, FY2002-FY2008 . . . . . . . . . . . . . . . . . . 7 L-HHS-ED Discretionary Funding by Bill Title,FY2007-FY2008 . . . . 8 Major Discretionary Programs, FY2007-FY2008 . . . . . . . . . . . . . . . . . 9 FY2008 302(b) Discretionary Allocations . . . . . . . . . . . . . . . . . . . . . . 20 Table 7. Department of Labor Discretionary Appropriations . . . . . . . . . . . . . . . 22 Table 8. Detailed Department of Labor Appropriations . . . . . . . . . . . . . . . . . . . 25 Table 9. Department of Health and Human Services Discretionary Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Table 10. Detailed Department of Health and Human Services Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Table 11. Department of Education Discretionary Appropriations . . . . . . . . . . 36 Table 12. Detailed Department of Education Appropriations . . . . . . . . . . . . . . 46 Table 13. Related Agencies Discretionary Appropriations . . . . . . . . . . . . . . . . . 50 Table 14. Detailed Related Agencies Appropriations . . . . . . . . . . . . . . . . . . . . . 53 Labor, Health and Human Services, and Education: FY2008 Appropriations Most Recent Developments Consolidated Appropriations Act, 2008 Enacted (P.L. 110-161, H.R. 2764). On December 17, 2007, after lengthy negotiations between Congress and the Administration, the House and Senate Appropriations Committees released bill text and an explanatory statement for an omnibus appropriations bill. It had a division for each of the 11 regular appropriations measures that had not yet been enacted (all except Defense), plus provisions for emergency war funding. The bill, an amended version of H.R. 2764 (originally the State/Foreign Operations appropriations bill), required additional amending with regard to the war funding before finally being passed by both houses and sent to the President, who signed it on December 26, 2007. For further details on proceedings relative to H.R. 2764, see CRS Report RL34298, Consolidated Appropriations Act for FY2008: Brief Overview, by Robert Keith. Division G of the law provided the FY2008 appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies (L-HHS-ED), including $148.7 billion in discretionary funding. Third and Fourth Continuing Resolutions (CRs) Enacted (P.L. 110137 and P.L. 100-149). On December 14, 2007, the President signed into law H.J.Res. 69 (P.L. 110-137), which extended temporary funding for government agencies to December 21, 2007. A fourth CR, H.J.Res. 72, signed on December 21, extended funding from December 22 through December 31, or until enactment of regular appropriations. H.R. 3043 Vetoed, Override Failed in House. On November 13, 2007, the President vetoed H.R. 3043, the FY2008 appropriations bill for L-HHS-ED. He cited total discretionary spending levels in the bill that were higher than he had requested. On November 15, an attempt to override the veto failed in the House by a vote of 277-141 (two-thirds majority required). FY2008 Continuing Resolution Extended. On November 13, 2007, the President signed into law H.R. 3222, the FY2008 Department of Defense appropriations act (P.L. 110-116), which also, in Division B, amended the first FY2008 continuing resolution, P.L. 110-92, to extend temporary funding for government agencies to December 14, 2007. Most agency activities for which there was not yet a regular appropriation received funding under the CR at the FY2007 rate of operations. Conference Agreement on H.R. 3043 Passed. On November 5, 2007, House and Senate conferees filed a conference report (H.Rept. 110-424) on H.R. CRS-2 3043, which included their agreement on the L-HHS-ED bill, and also appended a conference version of appropriations for Military Construction/Veterans Affairs (MilCon/VA, H.R. 2642). The House agreed to the combined measure on November 6. On November 7, the Senate sustained a point of order against the combination bill and subsequently passed a substitute conference report that dropped the MilCon/VA language. The House agreed to the Senate amendment on November 8, and H.R. 3043 was sent to the President. The bill as reported by the conference committee would have provided $153.3 billion in discretionary funds for L-HHS-ED programs. Senate Version of H.R. 3043 Passed. On October 17, 2007, the Senate began debating a substitute version of H.R. 3043, consisting of the text of S. 1710 but without the reported bill’s final section relating to research on human embryonic stem cells. The bill was passed, amended, on October 23, 2007, by a vote of 75-19. The bill would have provided $152.3 billion in discretionary funds for L-HHS-ED programs. Continuing Resolution P.L. 110-92 Enacted. On September 29, 2007, the President signed into law P.L. 110-92 (H.J.Res. 52), which provided temporary funding at the FY2007 rate of operations for government agencies, including most L-HHS-ED activities, for the period October 1 through November 16, 2007, unless regular FY2008 appropriations measures were enacted sooner. House Bill H.R. 3043 Reported and Passed. On July 13, 2007, the House Committee on Appropriations reported H.R. 3043 (H.Rept. 110-231), its proposal for FY2008 L-HHS-ED appropriations. The bill was debated in the House July 17-19 and was passed, with several amendments, on July 19, 2007, by a vote of 276-140. The bill would have provided $154.2 billion in discretionary funds for L-HHS-ED programs. Senate Bill S. 1710 Reported. On June 27, 2007, the Senate Committee on Appropriations reported S. 1710 (S.Rept. 110-107), its proposal for FY2008 L-HHSED appropriations. The bill would have provided $152.1 billion in discretionary funds for L-HHS-ED. President’s Budget Submitted. On February 5, 2007, the President submitted the FY2008 budget to Congress; the request was for $141.7 billion in discretionary funds for L-HHS-ED programs. Table 1 summarizes the legislative status of FY2008 L-HHS-ED appropriations. CRS-3 Table 1. Legislative Status of L-HHS-ED Appropriations, FY2008 Subcommittee Markup House Senate 6/7/07a 6/19/07b Conference Report Approval House House Senate Senate Committee Passage Committee Passage Conf. Report 7/13/07c H.R. 3043, 7/19/07d H.Rept. 110-231 11/5/07g H.Rept. 110-424 6/27/07e S. 1710, S.Rept. 110-107 10/23/07f H.R. 3043 House Passage Senate Passage 11/6/07 11/8/07h 11/7/07h Veto 11/13/07 11/15/07i Amended Bill Consolidated Appropriations Act, 2008, H.R. 2764 (LaborHHS-ED is Division G) (amended text; H.R. 2764 was originally the State, Foreign Operations, and Related Programs Appropriations Act, 2008) Text House Passage Senate Passage Public Law 12/26/07l 12/17/07j 12/17/07 k Congr. 12/18/07 P.L. 11012/19/07k Record 161 a. The House Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Appropriations began FY2008 hearings on Feb. 15, 2007. The Subcommittee marked up its version of the FY2008 L-HHS-ED appropriations on June 7, 2007, approving it by a voice vote. b. The Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Appropriations began FY2008 hearings on Mar. 14, 2007. The Subcommittee marked up its version of the FY2008 L-HHS-ED bill on June 19, 2007, and approved it by voice vote. c. H.R. 3043: The House Committee on Appropriations approved its version of the L-HHS-ED appropriations for FY2008 on July 11, 2007, by voice vote, and ordered the bill reported. Subsequently, H.R. 3043 (H.Rept. 110-231) was introduced and reported on July 13, 2007. d. H.R. 3043: The House debated the bill on July 17-19 and passed it, amended, on July 19, 2007, by a vote of 276-140. e. S. 1710: The Senate Committee on Appropriations approved the draft L-HHS-ED bill with a manager’s amendment on June 21, 2007, by a vote of 26-3, and ordered the bill reported. Subsequently, S. 1710 (S.Rept. 110-107) was introduced and reported on June 27, 2007. f. H.R. 3043: The Senate debated a substitute version of the bill (text of S. 1710 minus new stem cell provisions) on Oct. 1723, 2007, and passed it, amended, on Oct. 23, 2007, by a vote of 75-19. g. H.R. 3043: Conference report H.Rept. 110-424 was filed Nov. 5, 2007. It included not only the agreement on L-HHS-ED appropriations but also the agreement on appropriations for Military Construction/Veterans Affairs (MilCon/VA, previously H.R. 2642), combined into one bill. h. H.R. 3043: The House approved the combined conference agreement on Nov. 6, 2007, by a vote of 269-142. On Nov. 7, the Senate sustained a point of order against the MilCon/VA language having been added to H.R. 3043, by a vote of 4746 (60 votes would have been needed to waive the point of order). Subsequently, the Senate approved a substitute amendment that retained only the L-HHS-ED language, by a vote of 56-37. On Nov. 8, the House agreed to the Senate amendment to H.R. 3043 by a vote of 274-141. i. H.R. 3043: The President vetoed the FY2008 Labor-HHS-ED appropriations act on Nov. 13, 2007. An override attempt failed in the House on Nov. 15 by a vote of 277-141 (two-thirds majority needed). j. H.R. 2764: A Rules Committee resolution was reported to the House (H.Res. 878, H.Rept. 110-497) on Dec. 17, 2007, which provided for the House to consider two amendments to the Senate amendment to H.R. 2764, the FY2008 State/ Foreign Operations appropriations bill. The amendments were printed in H.Rept. 110-497, and also in the Dec. 17 Congressional Record, Book I. The first House amendment replaced the text of H.R. 2764 with a new Consolidated Appropriations Act, 2008, consisting of 11 divisions (A-K). The divisions represented compromise versions of the 11 regular appropriations acts that had not yet been enacted (L-HHS-ED was Division G). The second House amendment was Division L, providing the House’s version of emergency supplemental appropriations for military operations and war funding. A joint explanatory statement providing comments from the Appropriations Committees and tables for each division was printed in the Dec. 17 Congressional Record, Books II and III. k. H.R. 2764: On Dec. 17, 2007, the House agreed to the first House amendment by a vote of 253-154, agreed to the second House amendment by a vote of 206-201, and sent the package to the Senate. On Dec. 18, the Senate concurred in the second House amendment with an amendment of its own, substituting its version of emergency supplemental military operations/war funding for the House version, by a vote of 70-25. The Senate also concurred in the first House amendment by a vote of 76-17. On Dec. 19, the House agreed to the Senate amendment to the second House amendment by a vote of 272-142, clearing the measure for the President. l. P.L. 110-161: On Dec. 26, 2007, the President signed H.R. 2764 into law. Four continuing resolutions, beginning with P.L. 110-92, provided temporary FY2008 funding for most L-HHS-ED activities from Oct. 1 through Dec. 26, 2007. CRS-4 Note on Most Recent Data. In this report, unless stated otherwise, data on FY2007 appropriations and FY2008 appropriations proposals are based on the explanatory statement of the Appropriations Committees accompanying H.R. 2764, as printed in the December 17, 2007, Congressional Record, Book II, and as reflected in the December 17, 2007, table of the House Appropriations Committee. In most cases, data represent net funding for specific programs and activities, and take into account current and forward funding and advance appropriations; however, all data are subject to additional budgetary scorekeeping. Except where noted, data refer only to those programs within the purview of L-HHS-ED appropriations, and not to all programs within the jurisdiction of the relevant departments and agencies. Funding from other appropriations bills, and entitlements funded outside of the annual appropriations process, are excluded. The FY2007 data reflect the funding provided under the terms of the Revised Continuing Appropriations Resolution, 2007 (P.L. 110-5, H.J.Res. 20), which was signed into law on February 15, 2007. A series of continuing resolutions (CRs), beginning with P.L. 109-289, had provided temporary L-HHS-ED funding from October 1, 2006, through February 15, 2007. The final CR provided specific levels of funding for FY2007 for some agencies and programs, while those activities not specifically listed were generally funded at FY2006 levels. In addition, agencies received funding for a portion of their increased pay costs. Final funding levels became known in late March 2007 after the Office of Management and Budget and the agencies had worked out their spending plans for FY2007 and conveyed the information to Congress. Subsequently, Congress passed an FY2007 supplemental appropriations act, P.L. 110-28, the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, signed into law on May 25, 2007. The law had a few provisions that affected FY2007 funding levels for some L-HHS-ED agencies. FY2007 figures in this report take account of those changes. For additional information, please see CRS Report RL30343, Continuing Resolutions: FY2008 Action and Brief Overview of Recent Practices, by Sandy Streeter. Overview and Key Issues This report describes the President’s proposal for FY2008 appropriations for L-HHS-ED programs, as submitted to Congress on February 5, 2007, and the congressional response to that proposal. It compares the President’s FY2008 request to the FY2007 L-HHS-ED amounts. It tracks legislative action and congressional issues related to the L-HHS-ED appropriations bill, with particular attention paid to discretionary programs. However, the report does not follow specific funding issues related to mandatory L-HHS-ED programs — such as Medicare or Social Security — nor does it follow any authorizing legislation that may be needed prior to funding some of the President’s budget initiatives. For a glossary of budget terms and relevant websites, see Appendix A, “Terminology and Web Resources.” CRS-5 The L-HHS-ED bill typically is one of the more controversial of the regular appropriations bills, not only because of the size of its funding total and the scope of its programs, but also because of the continuing importance of various related issues, such as restrictions on the use of federal funds for abortion and stem cell research. This bill provides discretionary and mandatory funds to three federal departments and 14 related agencies, including the Social Security Administration (SSA). Discretionary funding represents only one-quarter of the total in the bill. Among the various appropriations bills, L-HHS-ED is the largest single source of discretionary funds for domestic (non-defense) federal programs (the Department of Defense bill is the largest source of discretionary funds among all federal programs). This section presents several overview tables on funding in the bill, particularly discretionary funding; summarizes major funding changes proposed and enacted for L-HHS-ED; and discusses related issues such as 302(b) allocations and advance appropriations. Later sections provide details on individual L-HHS-ED departments and agencies. Discretionary and Mandatory Funding: Program Level and Current Year Appropriations Table 2 summarizes the L-HHS-ED appropriations for FY2008, including both discretionary and mandatory appropriations. The table shows various aggregate measures of L-HHS-ED appropriations enacted for FY2007 and proposed and enacted for FY2008, including the discretionary program level, current year level, and advance appropriations, as well as scorekeeping adjustments. ! ! ! Program level discretionary appropriations reflect the total discretionary appropriations in a given bill, regardless of the year in which they will be spent, and therefore include advance funding for future years. Unless otherwise specified, appropriations levels in this report refer to program level amounts. Current year discretionary appropriations represent discretionary appropriations in a given bill for the current year, plus discretionary appropriations for the current year that were enacted in prior years — for example, FY2008 appropriations that were enacted in the FY2007 act. As the annual congressional appropriations process unfolds, current year discretionary appropriations, including scorekeeping adjustments (see below), are measured against the 302(b) allocation ceilings (discussed later in this report). Note that media reports and comments from the Administration about appropriations activities typically cite figures representing the current year discretionary totals rather than the program levels in the bill. Advance appropriations are funds that will not become available until after the fiscal year for which the appropriations are enacted (for example, funds for certain education programs like Title I Part A Grants to Local Educational Agencies for the Education of the Disadvantaged that were included in the FY2007 act that could not be spent before FY2008 at the earliest, discussed later in this report). CRS-6 ! Scorekeeping adjustments are made to account for special funding situations, as monitored by the Congressional Budget Office (CBO). Because appropriations may consist of mixtures of budget authority enacted in various years, two summary measures are frequently used: program level appropriations and current year appropriations. How are these measures related? For an “operational definition,” program level funding equals (a) current year, plus (b) advances for future years, minus (c) advances from prior years, and minus (d) scorekeeping adjustments. Alternatively, current year funding is derived by taking the program level (total in the bill), subtracting the advances for future years, adding in the advances from prior years, and applying the scorekeeping adjustments. Table 2 shows each of these amounts for discretionary funding, along with current year funding and program level funding for mandatory programs, and the grand total for L-HHS-ED. Table 2. L-HHS-ED Appropriations Summary, FY2007-FY2008 ($ in billions) Type of Budget Authority FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted Discretionary Appropriations Program level: current bill for any year 144.7 141.7 154.2 152.3 148.7 Current year: current year from any bill (after scorekeeping) 144.6 140.9 151.7 149.9 144.8 Advances for future years (in the current bill) 19.3 18.9 21.3 21.3 21.3 Advances from prior years (from previous bills) 19.3 19.3 19.3 19.3 18.9 Scorekeeping adjustments -0.1 -1.2 -0.5 -0.5 -1.5 Current Year Discretionary and Mandatory Funding Discretionary (compare to 302(b) cap) 144.6 140.9 151.7 149.9 144.8 Mandatory 401.2 455.5 455.7 455.7 455.3 Total, current year 545.8 596.4 607.4 605.5 600.1 Program Level Totals of Funding for L-HHS-ED Bill, Any Year Discretionary program level 144.7 141.7 154.2 152.3 148.7 Mandatory program level 409.3 455.4 455.7 455.6 455.3 Grand total, any year 554.0 597.2 609.9 608.0 603.9 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Appropriations are given only for programs included in the annual L-HHS-ED bill. Note: Details may not add to totals due to rounding. Both FY2007 and FY2008 mandatory amounts are estimates that are subject to adjustments after the close of their respective fiscal years. All amounts in the table are subject to change through the enactment of further supplementals and rescissions. CRS-7 Discretionary Funding Trends, FY2002-FY2008 The L-HHS-ED appropriations bills include both mandatory and discretionary funds; however, the Appropriations Committees fully control only the discretionary funds. Mandatory funding levels for programs included in the annual appropriations bills are modified through changes in the authorizing legislation. Typically, these changes are accomplished through authorizing committees by means of reconciliation legislation, and not through appropriations committees in annual appropriations bills. Table 3 shows the trend in discretionary budget authority enacted in the L-HHS-ED appropriations for FY2002 through FY2008. During the past seven years, L-HHS-ED discretionary funds have grown from $127.2 billion in FY2002 to $148.7 billion in FY2008, an increase of $21.5 billion, or 16.9%. Adjusted for inflation during this same period, using the Gross Domestic Product (GDP) deflator, L-HHS-ED discretionary funds in estimated FY2007 dollars have grown from $145.0 billion in FY2002 to $145.2 billion in FY2008, an increase of $0.2 billion, or 0.1%. Table 3. Discretionary Funding Trends, FY2002-FY2008 (budget authority in billions of dollars) Type of Funds FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 L-HHS-ED discretionary 127.2 132.4 139.7 143.4 141.5 144.7 148.7 L-HHS-ED discretionary in estimated FY2007 dollars 145.0 147.9 152.2 151.6 145.1 144.7 145.2 1.0432 1.0643 1.0918 1.1251 1.1598 1.1892 1.2180 GDP deflator (FY2000 = 1.0) Sources: The GDP deflator is based on the Budget of the United States Government, Historical Tables, Fiscal Year 2008, Table 10.1. L-HHS-ED totals for FY2002-FY2005 discretionary budget authority are based on annual conference reports for L-HHS-ED appropriations and, therefore, may not be completely comparable from year to year. FY2006 L-HHS-ED discretionary total is based on the April 17, 2007, table of the House Committee on Appropriations. FY2007 and FY2008 totals are based on the Dec. 17, 2007, committee table, reflecting P.L. 110-161. Discretionary Appropriations by Bill Title, FY2007-FY2008 The annual L-HHS-ED appropriations act typically includes five titles. The first three provide appropriations and program direction for the Department of Labor (Title I), the Department of Health and Human Services (Title II), and the Department of Education (Title III). Each of the three titles includes some sections of “General Provisions” for the department; they provide specific program directions, modifications, or restrictions that the appropriators wish to convey in bill language, not just in report language. Title IV covers funding for 14 related agencies, the largest of which is the Social Security Administration. Title V contains general provisions with broader application than those in the department titles. Occasionally, CRS-8 one or more additional titles are added to the act, which may be legislative (authorizing) language rather than appropriations provisions. The FY2008 L-HHSED appropriations act includes a Title VI that provides for establishment of a National Commission on Children and Disasters. Table 4 summarizes the program level discretionary spending that was provided in the first four titles of the FY2007 and FY2008 L-HHS-ED appropriations and compares the program level totals with the current year discretionary totals. Table 4. L-HHS-ED Discretionary Funding by Bill Title, FY2007-FY2008 ($ in millions) FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted Discretionary Appropriations, Program Level (total in bill for any year) Title I, Department of Labor 11,686 10,964 11,844 11,935 11,693 Title II, Department of Health 64,054 63,195 68,366 68,140 65,555 and Human Services Title III, Department of 57,473 56,225 62,086 60,108 59,444 Education Title IV, Related Agencies 11,522 11,326 11,914 12,128 11,960 Total discretionary, program 144,735 141,710 154,209 152,311 148,652 level Total Discretionary, Current Year from Any Bill (after scorekeeping adjustments) Total, current year 144,617 140,916 151,719 149,857 144,841 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Appropriations are given only for programs included in the annual L-HHS-ED bill. Major Discretionary Programs, FY2007-FY2008 Among the discretionary programs funded in the bill, which are the largest? Table 5 shows the L-HHS-ED discretionary programs with the highest funding levels; in both FY2007 and FY2008, eight programs accounted for at least 62% of all L-HHS-ED discretionary appropriations. Each of the programs shown in Table 5 received more than $3.0 billion each year, and the aggregate funding for this group was $90.6 billion in FY2007 and $93.5 billion in FY2008. As shown in the previous tables, L-HHS-ED discretionary funding totaled $144.7 billion in FY2007 and $148.7 billion in FY2008. CRS-9 Table 5. Major Discretionary Programs, FY2007-FY2008 ($ in millions) Major Program FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted National Institutes of Health (NIH) 28,900 28,621 29,670 29,900 29,229 Pell Grants 13,661 13,414 15,583 14,487 14,215 Title I Part A Education for the Disadvantaged, Grants to LEAs 12,838 13,910 14,363 13,910 14,028 IDEA Special Education, Part B Grants to States 10,783 10,492 11,342 11,240 11,042 SSA Total Administrative Expenses 9,296 9,597 9,697 9,872 9,747 Head Start 6,889 6,789 6,964 7,089 6,902 WIA, all programs 5,134 4,502 5,235 5,247 5,186 CMS Program Management 3,141 3,274 3,230 3,248 3,152 Major L-HHS-ED subtotal 90,641 90,598 96,084 94,992 93,501 Other L-HHS-ED discretionary 54,094 51,112 58,125 57,320 55,151 L-HHS-ED discretionary total 144,735 141,710 154,209 152,311 148,652 62.6% 63.9% 62.3% 62.4% 62.9% Major programs as a % of total Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Note: LEAs = Local Educational Agencies; IDEA = Individuals with Disabilities Education Act; WIA = Workforce Investment Act; CMS = Centers for Medicare and Medicaid Services. FY2008 Appropriations: President’s Request On February 5, 2007, the President’s FY2008 request was submitted to Congress, prior to completion of the FY2007 appropriations process. With regard to the President’s budget, the primary issues raised during congressional consideration of any appropriations request generally relate to proposed funding changes, as well as to the overall level of support for programs. The following summary highlights changes of at least $100 million proposed in FY2008 discretionary budget authority in comparison with the FY2007 amount. Viewing this list by itself should be done with caution, since the relative impact of a $100 million funding change to a $500 million program (a 20% increase or decrease) is greater than a $100 million change to a $5 billion program (a 2% increase or decrease). Later in this report, the discussion of budgets for individual departments includes tables to compare the FY2008 request with the FY2007 funding for many of the major programs in the L-HHS-ED bill. Budget Highlights. Overall, $141.7 billion in discretionary appropriations were requested for L-HHS-ED for FY2008, $3.0 billion (2.1%) less than the FY2007 amount of $144.7 billion. CRS-10 ! For the Department of Labor (DOL), the Administration’s FY2008 request included a decrease of $632 million for WIA programs, from $5.1 billion for FY2007 to $4.5 billion for FY2008. The proposed reduction included $357 million less for Dislocated Worker Assistance programs (funded at $1.5 billion in FY2007), $152 million less for Adult Training grants to states, and $100 million less for Youth Training. The Administration proposed a decrease of $134 million for the Community Service Employment for Older Americans program. Overall, $11.0 billion in FY2008 discretionary appropriations were requested for DOL, a 6.2% reduction from the FY2007 amount of $11.7 billion. ! For the Department of Health and Human Services (HHS), the FY2008 request proposed an increase of $1.04 billion for the Public Health and Social Services Emergency Fund (PHSSEF), covering homeland security activities and Pandemic Influenza Preparedness. Decreases were proposed of $175 million for Health Professions programs other than those for nursing, $187 million for Children’s Hospitals Graduate Medical Education (CHGME), $104 million for Rural Health Programs, $114 million for Buildings and Facilities at the Centers for Disease Control and Prevention (CDC), and $279 million for the National Institutes of Health (NIH). A $183 million initiative for Fraud and Abuse Control at the Centers for Medicare and Medicaid Services (CMS) was proposed, along with a $133 million increase for CMS Program Management. Decreases of $379 million for the Low-Income Home Energy Assistance Program (LIHEAP) and $100 million for Head Start were requested. The $630 million Community Services Block Grant (CSBG) received no funding in the request. Overall, $63.2 billion in FY2008 discretionary appropriations were requested for HHS, 1.3% less than the FY2007 amount of $64.1 billion. ! For the Department of Education (ED), the FY2008 request proposed an increase of $993 million for Elementary and Secondary Education Act of 1965 (ESEA) programs in the aggregate. Funding for Title I, Part A, Grants to Local Educational Agencies (LEAs) for the Education of the Disadvantaged would have been increased by $1.1 billion. The request included proposals for three new K-12 education initiatives of at least $100 million, including $250 million for Promise Scholarships. School Improvement Grants would have been increased by $375 million, and the Teacher Incentive Fund would have been increased by $199 million. The request proposed the elimination of the $272 million Educational Technology State Grants. The Fund for the Improvement of Education would have been reduced by $100 million, and a decrease of $247 million was requested for the Safe and Drug-Free Schools State Grants. A decrease of $291 was requested for the Special Education Part B Grants to States program authorized by the Individuals with Disabilities Education Act (IDEA). Funding for the Perkins Career and Technical Education program would have been decreased by CRS-11 $686 million. The request proposed the elimination of the $771 million Supplemental Educational Opportunity Grants. Pell Grants would have been reduced by $247 million. Overall, $56.2 billion in FY2008 discretionary appropriations were requested for ED, 2.2% less than the FY2007 amount of $57.5 billion. ! For the related agencies, the Administration’s request for FY2008 would have increased funding for SSA administrative expenses by $301 million, up from $9.3 billion for FY2007. (Funding for SSA administrative expenses is in an account called Limitation on Administrative Expenses.) The Administration’s FY2008 budget proposed to eliminate the two-year advance appropriations for the Corporation for Public Broadcasting (CPB), which was provided with a two-year advance appropriation of $400 million in the FY2007 bill. Overall, $11.3 billion in FY2008 discretionary appropriations were requested for L-HHS-ED related agencies, a 1.7% decrease from FY2007 appropriations of $11.5 billion. FY2008 Appropriations: House Bill The House Committee on Appropriations reported its version of the FY2008 L-HHS-ED appropriations as H.R. 3043 (H.Rept. 110-231) on July 13, 2007. The House debated the bill on July 17-19, 2007, and passed it, amended, on July 19, 2007, by a vote of 276 to 140. House Highlights. Overall, the House bill would have provided FY2008 discretionary appropriations of $154.2 billion for L-HHS-ED programs. The President requested $141.7 billion; the FY2007 amount was $144.7 billion. The House bill differed from the President’s request in a number of details. ! For DOL, the House bill would have provided $5.2 billion for WIA programs, $734 million more than the Administration’s request. The House would have funded WIA Dislocated Worker Assistance programs at $1.5 billion, the same amount appropriated for FY2007 and $357 million more than the Administration’s request. The House would have funded WIA Adult Training grants to states at $864 million, the same as FY2007 and $152 million more than the Administration’s request. WIA Youth Training programs would have been funded at the same level as FY2007 and at $100 million more than the Administration’s request of $841 million. The House would have increased funding for the Job Corps by $127 million above the amount requested and by $71 million above FY2007 appropriations of $1.6 billion. The House would have funded Community Service Employment for Older Americans at $531 million, or $181 million above the Administration’s request and $47 million more than FY2007. Overall, the House bill would have provided $11.8 billion in discretionary funds for DOL; $11.0 billion was requested; and $11.7 billion was provided for FY2007. CRS-12 ! For HHS, the House bill would have funded Health Centers at $2.19 billion, $200 million more than the request. Health Professions other than nursing would have received $228 million, $219 million more than requested. The CHGME would have received $307 million, $197 million more than requested. Rural Health programs would have received $145 million, $120 million more than the request. Health Care-Related Facilities and Activities would have received $128 million; no funds were requested. The CDC Infectious Diseases program would have received $1.90 billion, $119 million more than requested. The Preventive Health and Health Services Block Grant (PHBG) would have received $109 million; no funds were requested. The National Institutes of Health (NIH) would have received $29.67 billion, $1.05 billion more than requested. The Agency for Healthcare Research and Quality (AHRQ) would have received a specific appropriation of $283 million, plus indirect funding of $47 million, for a total of $330 million; the request was for indirect funding of $330 million. The CMS Fraud and Abuse Control initiative would have received $383 million; $183 million was requested. LIHEAP would have received $2.66 billion, $880 million more than requested. Head Start would have received $6.96 billion, $175 million more than requested. The CSBG would have been funded at $660 million; no funds were requested. Overall, the House bill would have provided $68.4 billion in discretionary funds for HHS; $63.2 billion was requested; and $64.1 billion was provided for FY2007. ! For ED, the House bill would have provided $25.5 billion for ESEA programs in the aggregate, $1.0 billion more than was requested. Title I, Part A Grants to Local Educational Agencies (LEAs) would have received $453 million more than was requested, while Reading First State Grants would have received $665 million less than requested. The House bill would not have funded any of the President’s proposed initiatives, including Promise Scholarships. Teacher Quality State Grants would have received $400 million more than was requested, and Education Technology State Grants would have received $272 million, rather than being eliminated as called for by the request. The House bill would have provided $125 million more for the 21st Century Community Learning Centers, $147 million more for the Fund for the Improvement of Education, $247 million more for the Safe and Drug-Free Schools State Grants, and $104 million more for the English Language Acquisition State Grants than requested. IDEA, Part B Grants to States would have received $850 million more than was requested. Perkins Career and Technical Education would have received $710 million more than requested. Pell Grants would have received $2.2 billion more than requested. The House would have increased the maximum appropriated Pell Grant award to $4,700. Federal Supplemental Opportunity Grants would have received $771 million, rather than being eliminated as called for by the request. Aid for Institutional Development for higher education would have received $159 million CRS-13 more than requested. Departmental Management would have received $227 million less than requested. Overall, the House would have provided $62.1 billion in FY2008 discretionary appropriations for ED, $5.9 billion more than the request of $56.2 billion and $4.6 billion more than the FY2007 amount of $57.5 billion. ! For related agencies, the bill approved by the House would have provided $9.7 billion in funding for SSA administrative expenses, which is $100 million more than the Administration’s request and $401 million more than appropriated for FY2007. The House would have provided the Corporation for Public Broadcasting (CPB) with $420 million in advance funding for FY2010. The Administration did not request funds for FY2010. Overall, the House would have provided $11.9 billion in discretionary funds for related agencies, $588 million more than requested and $392 million more than appropriated for FY2007. FY2008 Appropriations: Senate Bill The Senate Committee on Appropriations reported its version of the FY2008 L-HHS-ED appropriations as S. 1710 (S.Rept. 110-107) on June 27, 2007. In October, when the Senate took up H.R. 3043, the text of S. 1710 (minus a controversial section relating to embryonic stem cell research) was substituted for the House-passed bill. The Senate debated the bill on October 17-23, 2007, and passed it, amended, on October 23, 2007, by a vote of 75 to 19. Senate Highlights. Overall, the Senate version of H.R. 3043, as passed, would have provided FY2008 discretionary appropriations of $152.3 billion for L-HHS-ED programs. The House bill would have provided $154.2 billion; the President requested $141.7 billion. The comparable FY2007 amount was $144.7 billion. The Senate bill differed from the House proposal in a number of ways. ! For DOL, the Senate bill does not differ significantly from the House bill. Overall, the Senate would have provided $11.9 billion in discretionary funds for DOL, $91 million more than the House, $971 million more than requested, and $249 million more than appropriated for FY2007. ! For HHS, the Senate bill would have provided $107 million less than the House bill for CHGME, $138 million less for Infectious Diseases at the CDC, $210 million more for CDC Buildings and Facilities, $230 million more for NIH, $501 million less for LIHEAP, $125 million more for Head Start, and $10 million more for the CSBG. Overall, the Senate bill would have provided $68.1 billion in discretionary appropriations for HHS programs, $226 million less than the House amount of $68.4 billion, $4.9 billion more than the requested amount of $63.2 billion, and $4.0 billion more than HHS funding of $64.1 billion in FY2007. CRS-14 ! For ED, the Senate bill would have provided $24.6 billion for ESEA programs in the aggregate, $926 million less than would have been provided by the House. Title I, Part A Grants to LEAs would have received $453 million less than the House amount, and Teacher Quality State Grants would have been funded at $300 million less than the House amount. Reading First State Grants would have received $447 million more than the House amount. The 21st Century Community Learning Centers would have received $106 million less than the House amount, and IDEA Part B Grants to States would have received $102 million less than the House amount. The Senate bill would have provided $14.5 billion for Pell Grants, $1.1 billion less than the House amount. The maximum appropriated Pell Grant award would have been $4,310 compared with a House maximum appropriated Pell Grant award of $4,700. Aid for Institutional Development for higher education would have received $140 million less than the House amount. Departmental Management would have received $202 million more than the House amount. Overall, the Senate bill would have provided $60.1 billion in FY2008 discretionary appropriations for ED, $2.0 billion less than the House amount of $62.1 billion and $2.6 billion more than the FY2007 amount of $57.5 billion. ! For related agencies, the Senate bill would have provided $175 million more than the House bill for SSA administrative expenses. Overall, the Senate would have provided $12.1 billion in discretionary funds for related agencies, $215 million more than the House, $802 million more than requested, and $606 million more than appropriated for FY2007. FY2008 Appropriations: Conference Report on H.R. 3043 (Vetoed) On November 5, 2007, House and Senate conferees filed a conference report (H.Rept. 110-424) on H.R. 3043, which included their agreement on the FY2008 LHHS-ED bill, and also appended a conference version of appropriations for Military Construction/Veterans Affairs (MilCon/VA, H.R. 2642). The House adopted the report on the combined measure on November 6 by a vote of 269-142. On November 7, the Senate sustained a point of order against the combination bill and subsequently adopted, by a vote of 56-37, a substitute conference report that dropped the MilCon/VA language. The House agreed to the Senate amendment on November 8 by a vote of 274-141, and H.R. 3043 was sent to the President. On November 13, 2007, the President vetoed H.R. 3043, citing total discretionary spending levels in the bill that were higher than he had requested. On November 15, an attempt to override the veto failed in the House by a vote of 277-141 (two-thirds majority required). Conference Report Highlights. Overall, the conference version of H.R. 3043 would have provided discretionary appropriations at the program level of $153.3 billion for L-HHS-ED programs. The Senate bill would have provided CRS-15 $152.3 billion, the House bill would have provided $154.2 billion, and the President requested $141.7 billion. The comparable FY2007 amount was $144.7 billion. The President’s objections to what he termed the “excessive” spending in the bill were usually discussed by referring to the current year (FY2008) funding levels (see Table 2 and its preceding discussion for the differences in the two portrayals of the budget). In current year terms, the conference report would have provided $150.7 billion for discretionary L-HHS-ED programs, $9.8 billion (6.9%) higher than the President’s requested level of $140.9 billion. The conference level would have been an increase of $6.1 billion (4.2%) over the FY2007 level of $144.6 billion, whereas the President’s request represented a decrease of $3.7 billion (-2.6%) from FY2007. A number of programs would have shared in the $6.1 billion increase that the conference report funding level would have provided. Compared to FY2007 funding levels, the FY2008 program level discretionary amounts would have been increased or decreased by at least $100 million for the following programs. ! For DOL, the WIA program would have received an increase in funding of $135 million, up from $5.1 billion for FY2007. Overall, DOL would have received $12.0 billion in discretionary funding for FY2008, $0.3 billion more than in FY2007. ! For HHS, funding would have been increased by the following amounts compared to FY2007: Community Health Centers, $225 million; Health Care-Related Facilities and Activities, $318 million; NIH, $1.1 billion; CMS Program Management, $135 million; CMS Fraud and Abuse Control Initiative, $383 million; LIHEAP, $250 million; Head Start, $154 million; and Public Health and Social Services Emergency Fund, $788 million. Overall, HHS would have received $68.5 billion in discretionary funding for FY2008, $4.4 billion more than in FY2007. ! For ED, ESEA programs would have received $25.1 billion in the aggregate, $1.6 billion more than in FY2007. Several K-12 education programs would have received an increase in funding from FY2007 to FY2008: Title I, Part A Grants to LEAs would have increased $1.5 billion; School Improvement Grants would have increased $375 million; Teacher Quality State Grants would have increased $150 million; the 21st Century Community Learning Centers would have increased $100 million; the Fund for the Improvement of Education would have increased $104 million; and IDEA Part B Grants to States would have been funded at $509 million more than in FY2007. The only K-12 education program that would have lost $100 million or more would have been the Reading First State Grants, which would have received $629 million less than in FY2007. Two postsecondary education programs would have received increases of $100 million or more, and no postsecondary education programs would have lost a commensurate amount. Pell Grants would have received $837 million more than in FY2007. The maximum appropriated Pell Grant award would CRS-16 have been $4,435, a $125 increase over the maximum award of $4,310 in FY2007. The Fund for the Improvement of Postsecondary Education would have been funded at $104 million more than in FY2007. Overall ED would have received $60.7 billion in discretionary funding, $3.2 billion more than in FY2007. ! For the related agencies, the SSA would have received an increase of $576 million for administrative expenses, up from $9.3 billion for FY2007. Overall, the related agencies would have received $12.1 billion in discretionary funding, $0.6 billion more than in FY2007. Public Law: P.L. 110-161, Consolidated Appropriations Act, 2008 With enactment of the FY2008 Department of Defense appropriation (P.L. 110116, November 13, 2007) and the veto of H.R. 3043, Congress still faced the challenge of completing action on the remaining 11 appropriations bills. The President insisted that total FY2008 current year discretionary funding be no more than the $932.8 billion he had requested. The total FY2008 discretionary budget authority planned by Congress was about $23 billion higher. Congressional negotiators first attempted a “split the difference” approach, reworking their priorities into an omnibus measure with scaled-back funding that met the President halfway. In the face of continued veto threats, however, the Appropriations Committees finally prepared a consolidated measure that conformed to the President’s totals. Each of the 11 subcommittees took its own approach to meeting the revised ceiling it had been given for funding its programs. About half, including the L-HHSED subcommittee, used an across-the-board rescission as the final means of reaching the desired total. For L-HHS-ED accounts, all programs, projects, and activities (except Pell Grants) were to be reduced by a factor of 1.747% from the levels listed in the “amended bill” (which seem to represent the levels figured for the “split the difference” interim proposal). The final text of the proposed Consolidated Appropriations Act, 2008, accompanied by an explanatory statement that took the place of a conference report, was released by the Appropriations Committees late Sunday night, December 16, 2007. On December 17, a resolution from the House Rules Committee (H.Res. 878, H.Rept. 110-497) provided that the measure would be handled as a House amendment to the Senate-passed version of H.R. 2764, the FY2008 State/Foreign Operations appropriations bill. The resolution also provided for a second House amendment, dealing with emergency supplemental appropriations for military operations and war funding. The documents were all made available on the Rules Committee website and were printed in the Congressional Record of December 17, 2007. The L-HHS-ED section was Division G (for bill language, see H.Rept. 110497, and for the explanatory statement and table of budget authority, see Congressional Record, December 17, 2007, Book II, pp. H16178-H16371). CRS-17 By December 19, both the main amendment and a revised version of the war funding amendment had been agreed to by the House and the Senate, clearing the measure for the President. He signed H.R. 2764 into law on December 26, 2007; it became P.L. 100-161. For a summary of proceedings relative to H.R. 2764, see notes j, k, and l in Table 1, above, and for further details, see CRS Report RL34298, Consolidated Appropriations Act for FY2008: Brief Overview, by Robert Keith. FY2008 Funding Highlights. As shown in Table 2, P.L. 100-161 provided discretionary appropriations at the program level of $148.7 billion for L-HHS-ED programs, compared to $152.3 billion in the Senate bill, $154.2 billion in the House bill, and $141.7 billion in the President’s request. The comparable FY2007 amount was $144.7 billion. In current year terms (the amounts generally cited by the President when making comparisons to his budget), P.L. 110-161 provided $144.8 billion for discretionary L-HHS-ED programs, an increase of $3.9 billion (2.8%) over the President’s requested level of $140.9 billion. The FY2008 total was an increase of $224 million (0.15%) over the FY2007 level of $144.6 billion, whereas the President’s request represented a decrease of $3.7 billion (-2.6%) from FY2007. By way of comparison, estimated current year funding for mandatory L-HHS-ED programs was slated to increase by $54.1 billion (13.5%), from $401.2 billion in FY2007 to $455.3 billion in FY2008. Note the following caution about reading funding amounts from the law or the explanatory statement: All amounts mentioned in the text of P.L. 110-161 or the explanatory statement have not been reduced by the 1.747% rescission required by section 528 of the law. That reduction must be applied to every program, project, or activity, excluding the Pell Grant program, funded by the L-HHS-ED appropriations act. For programs listed in the detailed table at the end of the Division G explanatory statement (pp. H16337-H16370 of the December 17, 2007, Congressional Record), the calculations have been provided and the final appropriation for a given program should be read from the column labeled “Amended Bill Less 1.747%.” For programs not listed in the table, the reduction must be calculated by hand based on the amount found in the text (an easy way to do this is to multiply the amount mentioned in the text by 0.98253). Section 528 of the act provided that the actual application of this reduction to individual accounts and line items was to be determined by the Office of Management and Budget (OMB). Within 30 days of enactment, OMB was required to report back to the Committees on Appropriations specifying each account and amount of the reduction resulting from the 1.747% rescission. In addition, section 518 gave the L-HHS-ED departments and related agencies 45 days from enactment to submit an FY2008 operating plan, detailing any funding allocations for programs, projects, or activities that differed from those in the act, the explanatory statement, or the budget request. Compared to FY2007 funding levels, the FY2008 program level discretionary amounts were increased or decreased by at least $100 million for the following programs. Additional details and funding amounts are provided in separate agency summaries. CRS-18 ! For FY2008, all programs in DOL were funded within $100 million of FY2007 appropriations. Overall, DOL received an increase in funding of $7 million, up from $11.7 billion for FY2007. ! For HHS, funding was increased by the following amounts compared to FY2007: Health Care-Related Facilities and Activities, $304 million; NIH, $329 million; and LIHEAP, $409 million. Overall, HHS received $65.6 billion in discretionary funding for FY2008, $1.5 billion more than in FY2007. ! For ED, ESEA programs were funded at $24.6 billion in the aggregate, $1.1 billion more than in FY2007. Several K-12 education programs received an increase in funding from FY2007 to FY2008: Title I, Part A Grants to LEAs were increased by $1.2 billion; School Improvement Grants were increased by $366 million; the 21st Century Community Learning Centers program was increased by $100 million; and IDEA Part B Grants to States were funded at $259 million more than in FY2007. The only K-12 education program that lost $100 million or more was the Reading First State Grants program, which received $636 million less than in FY2007. One postsecondary education program received an increase of $100 million or more — Pell Grants received $554 million more than in FY2007. The maximum appropriated Pell Grant award was $4,241, a $69 decrease in the appropriated maximum award of $4,310 in FY2007. Overall ED received $59.4 billion in discretionary funding, $2.0 billion more than in FY2007. ! For the related agencies of L-HHS-ED, the SSA received an increase of $451 million for administrative expenses, up from $9.3 billion for FY2007. Overall, the related agencies received $12.0 billion in discretionary funding for FY2008, an increase of $0.4 billion from FY2007. Continuing Appropriations Resolution, 2008 A continuing appropriations resolution, P.L. 110-92 (H.J.Res. 52), was enacted on September 29, 2007, to provide temporary FY2008 funding for most ongoing LHHS-ED activities, including the costs of direct loans and loan guarantees, for the period October 1 through November 16, 2007, unless regular appropriations were enacted before the end of that period. An FY2008 continuing resolution was necessary because the regular L-HHS-ED appropriations were not enacted by the start of FY2008 on October 1, 2007. The CR was amended three times to extend the temporary funding period while Congress worked on the regular appropriations measures. Division B of P.L. 110-116 (November 13, 2007) extended temporary funding through December 14, 2007; P.L. 110-137 (December 14, 2007) changed the date to December 21, 2007; and P.L. 110-149 (December 21, 2007) changed the date to December 31, 2007, although the need for the CR ended with enactment of P.L. 110-161 on December 26, 2007. CRS-19 Under the FY2008 continuing resolution, the funding level for each activity was provided at a rate of operations like that provided in FY2007 appropriations acts and under the same conditions and authority. Only the most limited funding actions were authorized in order to provide for the continuation of projects and activities. New initiatives were prohibited. For programs with high spend-out rates that normally would occur early in the fiscal year, special restrictions prohibited spending levels that would impinge on final FY2008 funding decisions. For entitlements and other mandatory activities, obligations were allowed for payments due on or about November 1, 2007, and December 1, 2007. For additional information, please see CRS Report RL30343, Continuing Resolutions: FY2008 Action and Brief Overview of Recent Practices, by Sandy Streeter. ! ! ! ! Continuing Appropriations Resolution, 2008, P.L. 110-92 (H.J.Res. 52), provided temporary appropriations for the period October 1, 2007, through November 16, 2007, as long as regular appropriations were not enacted sooner. H.J.Res. 52 was passed by the House on September 26 and by the Senate on September 27, and signed into law by the President on September 29, 2007, as P.L. 11092. Further Continuing Appropriations, 2008, Division B of P.L. 110-116 (H.R. 3222), extended the provisions of P.L. 110-92 through December 14, 2007. Division B was added to the conference report on H.R. 3222, the FY2008 Defense appropriations bill (H.Rept. 110-434) on November 6, 2007. The House and Senate agreed to the conference report on November 8, and the President signed the bill into law on November 13, 2007, as P.L. 110-116. 3rd Continuing Resolution, P.L. 110-137 (H.J.Res. 69), extended the provisions of P.L. 110-92 through December 21, 2007. H.J.Res. 69 was passed by the House and the Senate on December 13, and signed into law by the President on December 14, 2007, as P.L. 110137. 4th Continuing Resolution, P.L. 110-149 (H.J.Res. 72), extended the provisions of P.L. 110-92 through December 31, 2007. H.J.Res. 72 was passed by the House and the Senate on December 19, and signed into law by the President on December 21, 2007, as P.L. 110149. 302(a) and 302(b) Allocation Ceilings The maximum budget authority for annual L-HHS-ED appropriations is determined through a two-stage congressional budget process. In the first stage, Congress establishes the 302(a) allocations — the maximum spending totals for congressional committees for a given fiscal year. This task is sometimes accomplished through the concurrent resolution on the budget, where spending totals are specified through the statement of managers in the conference report. In years when the House and Senate do not reach a budget agreement, these totals may be set through leadership arrangements in each chamber. The 302(a) allocations determine spending totals for each of the various committees, as well as the total discretionary budget authority available for enactment in annual appropriations through the House and Senate Committees on Appropriations. CRS-20 Congress reached agreement on the FY2008 budget resolution on May 17, 2007, when the House and Senate agreed to the conference report (H.Rept. 109-153) to S.Con.Res. 21. The resolution established a 302(a) discretionary budget allocation of $953.1 billion. For the purpose of comparison, the 302(a) discretionary allocation agreed to for FY2007 was $872.8 billion. For additional information, please see CRS Report RL34015, Congressional Budget Actions in 2007, by Bill Heniff Jr. In the second stage of the annual congressional budget process, the House and Senate Committees on Appropriations separately establish the 302(b) allocations — the maximum discretionary budget authority available to each subcommittee for each annual appropriations bill. The total of these allocations must not exceed the 302(a) discretionary total. This process creates the basis for enforcing discretionary budget discipline, since any appropriations bill reported with a total above the ceiling is subject to a point of order. The 302(b) allocations can and often do get adjusted during the year as the various appropriations bills progress toward final enactment. Table 6 shows the 302(b) discretionary allocations for the FY2008 L-HHS-ED appropriations determined by the House and Senate Committees on Appropriations. Comparable amounts for the FY2007 appropriations and the President’s FY2008 budget request are also shown. Both the 302(a) and 302(b) allocations regularly become contested issues in their own right. Table 6. FY2008 302(b) Discretionary Allocations (budget authority in billions of dollars) FY2007 Comparable FY2008 Request Comparable FY2008 House Allocation FY2008 Senate Allocation FY2008 Enacted 144.6 140.9 151.7 150.2 144.8 Sources: The FY2008 House allocation is based on H.Rept. 110-236, July 17, 2007; the FY2008 Senate allocation is based on S.Rept. 110-250, Dec. 18, 2007. The comparable amounts for FY2007 budget authority, the FY2008 budget request, and the FY2008 enacted appropriations are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Advance Appropriations Advance appropriations occur when funds enacted in one fiscal year are not available for obligation until a subsequent fiscal year. For example, P.L. 109-149, which enacted FY2006 L-HHS-ED appropriations, provided $400 million for the Corporation for Public Broadcasting (CPB) for use in FY2008. Advance appropriations may be used to meet several objectives. These might include the provision of long-term budget information to recipients, such as state and local educational systems, to enable better planning of future program activities and personnel levels. The more contentious aspect of advance appropriations, however, involves how they are counted in budget ceilings. CRS-21 Advance appropriations avoid the 302(a) and 302(b) allocation ceilings for the current year, but must be counted in the year in which they first become available for obligation. This procedure uses up ahead of time part of what will be counted against the allocation ceiling in future years. In FY2002, the President’s budget proposed the elimination of advance appropriations for federal discretionary programs, including those for L-HHS-ED programs. Congress rejected that proposal, and the proposal has not been repeated. For an example of the impact of advance appropriations on program administration, see the discussion titled “Forward Funding and Advance Appropriations” in the section on the Department of Education, later in this report. The FY1999 and FY2000 annual L-HHS-ED appropriations bills provided significant increases in advance appropriations for discretionary programs, moving from $4.0 billion in FY1998 to $19.0 billion in FY2000. From FY2001 through FY2007, advance appropriations generally were provided at $19.3 billion , with the exceptions of $18.8 billion in FY2001 and $21.5 billion in FY2003. For FY2008, following his pattern of the previous six years, the President requested $18.9 billion in advance appropriations for L-HHS-ED. Congress decided instead to add $2.0 billion to the previous total; the House bill, the Senate bill, and P.L. 110-161 each provided $21.3 billion. At that level, advance appropriations accounted for 14.3% of the L-HHS-ED program level discretionary total of $148.7 billion in the FY2008 appropriations act. In terms of current year funding, advances from previous years, at $18.9 billion, represented 13.1% of the current year discretionary total for FY2008. From FY1998 to the present, advance appropriations included in L-HHS-ED bills have been as follows: ! ! ! ! ! ! ! ! ! ! ! ! ! ! FY1998, $4.0 billion; FY1999, $8.9 billion; FY2000, $19.0 billion; FY2001, $18.8 billion; FY2002, $19.3 billion; FY2003, $21.5 billion; FY2004, $19.3 billion; FY2005, $19.3 billion; FY2006, $19.3 billion; FY2007, $19.3 billion; FY2008, President’s budget request, $18.9 billion; FY2008, House bill, $21.3 billion; FY2008, Senate bill, $21.3 billion; and FY2008, P.L. 110-161, $21.3 billion. CRS-22 Department of Labor FY2007 discretionary appropriations for the Department of Labor (DOL) were $11.7 billion. For FY2008, the Administration requested $11.0 billion, or $0.7 billion (6.2%) less than the FY2007 amount, as shown in Table 7. The House appropriations bill would have provided $11.8 billion in discretionary spending for FY2008, and the Senate bill would have provided $11.9 billion. P.L. 110-161 provided $11.7 billion, increasing funding for DOL by $7 million (0.1%). Table 7. Department of Labor Discretionary Appropriations ($ in billions) Funding Appropriations FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 11.7 11.0 11.8 11.9 11.7 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded. Mandatory DOL programs included in P.L. 110-161 are funded at $3.0 billion, and consist of the Black Lung Disability Trust Fund ($1,068 million), Federal Unemployment Benefits and Allowances ($889 million), Advances to the Unemployment Insurance and Other Trust Funds ($437 million), Special Benefits for Disabled Coal Miners ($270 million), Employment Standards Administration (ESA) Special Benefits ($203 million), and the Energy Employees Occupational Illness Compensation Fund ($105 million). Key Issues President’s Request. The President’s FY2008 budget request for DOL proposed changes in funding for a number of activities. Proposed discretionary changes of at least $100 million compared to FY2007 appropriations were as follows: ! ! ! 1 The Administration’s budget request would have reduced Workforce Investment Act (WIA) funding by $632 million, from $5.1 billion for FY2007 to $4.5 billion for FY2008. The WIA Dislocated Worker Assistance programs, funded at $1.5 billion in FY2007, would have been decreased by $357 million in FY2008, including a decrease of $287 million for state grants.1 WIA Adult Training grants to states, funded at $864 million in FY2007, would have been reduced by $152 million. Appropriations for FY2007 set aside $125 million from the Dislocated Worker Assistance National Reserve program for the Community College initiative. The President requested $150 million in direct appropriations for Community College grants. CRS-23 ! ! WIA Youth Training, funded at $941 million in FY2007, would have been reduced by $100 million. Community Service Employment for Older Americans would have fallen by $134 million, from $484 million to $350 million. House Bill. For DOL programs, the House bill differed by at least $100 million from the President’s budget request, as follows. ! ! ! ! ! ! The House bill would have raised funding for WIA programs by $734 million above the Administration’s request and by $101 million above appropriations for FY2007. The House measure would have funded WIA Dislocated Worker Assistance programs at $1.5 billion, the same amount appropriated for FY2007. The House proposal was $357 million more than the Administration’s request. The House bill would have funded WIA Adult Training grants to states at the same level as FY2007 and at $152 million more than the Administration’s request. The House would have increased funding for the Job Corps by $127 million above the amount requested and by $71 million above FY2007 appropriations of $1.6 billion. WIA Youth Training programs would have been funded at the same level as FY2007 and at $100 million above the Administration’s request of $841 million. The House would have funded Community Service Employment for Older Americans at $531 million, or $181 million above the Administration’s request and $47 million more than FY2007. Senate Bill. The Senate bill did not differ from the House bill by at least $100 million for any DOL program. Conference Report (Vetoed). Compared to FY2007 funding, the conference agreement would have changed discretionary spending by at least $100 million for the WIA program. ! Funding for WIA would have increased by $135 million, from $5.1 billion for FY2007. Public Law. Compared to FY2007 funding, P.L. 110-161 increased funding for WIA programs by $52 million over FY2007 funding of $5.1 billion. CRS Products CRS Report RL33687, The Workforce Investment Act (WIA): Program-by-Program Overview and Funding of Title I Training Programs, by Blake Alan Naughton. CRS Report RL33362, Unemployment Insurance: Available Unemployment Benefits and Legislative Activity, by Julie M. Whittaker. CRS-24 CRS Report RS22718, Trade Adjustment Assistance for Workers (TAA) and Alternative Trade Adjustment Assistance for Older Workers (ATAA), by John J. Topoleski. CRS Report RL33754, Minimum Wage in the 110th Congress, by William G. Whittaker. Websites Department of Labor [http://www.dol.gov] [http://www.dol.gov/_sec/Budget2008/overview.htm] [http://www.doleta.gov/budget/08bud.cfm] Detailed Appropriations Table Table 8 shows the appropriations details for offices and major programs of DOL. CRS-25 Table 8. Detailed Department of Labor Appropriations ($ in millions) Office or Major Program FY2007 Enacted Total Workforce Investment Act, Title I 5,134 (WIA) (non-add) Employment and Training Administration (ETA) Training and Employment Services (TES) WIA Adult Training Grants to States 864 WIA Youth Training 941 WIA Dislocated Worker Assistance 1,472 (DWA) DWA State Grants (non-add) 1,190 DWA National Reserve Community 125 College initiative set aside (non-add)a DWA National Reserve, other (non157 add)a WIA Migrant and Seasonal 80 Farmworkers WIA Community College Grants 0 (Community-Based Job Training)a Other WIA and TES Activities 200 TES subtotal 3,556 Community Service Employment for 484 Older Americans Federal Unemployment Benefits and 838 Allowances (mandatory)b State Unemployment Insurance and Employment Service Operations 2,508 (SUI/ESO) Unemployment Compensation SUI/ESO Employment Service 749 SUI/ESO Employment Service State 716 Grants (non-add) SUI/ESO One-Stop Career Centers 64 SUI/ESO Work Incentives Grants 20 SUI/ESO subtotal 3,340 Advances to Unemployment Trust 465 Fund and other funds (mandatory) ETA Program Administration 200 ETA subtotal 8,883 Employee Benefits Security 142 Administration Pension Benefit Guaranty Corporation 405 program level (non-add) Employment Standards Administration (ESA) ESA Salaries and Expenses 421 Office of Labor-Management 48 Standards (non-add) ESA Special Benefits (mandatory) 227 FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 4,502 5,235 5,247 5,186 712 841 864 941 864 941 862 924 1,115 1,472 1,472 1,465 903 1,190 1,190 1,184 0 125 150 123 212 157 132 158 0 84 80 80 150 0 0 0 305 2,972 170 3,531 231 3,587 246 3,576 350 531 484 522 889 889 889 889 2,561 2,561 2,561 2,464 722 759 750 736 689 726 716 703 56 0 3,339 53 10 3,383 56 20 3,387 52 14 3,266 437 437 437 437 216 8,203 171 8,940 186 8,969 172 8,862 147 143 143 139 411 411 411 411 448 437 439 421 57 46 46 45 203 203 203 203 CRS-26 Office or Major Program FY2007 Enacted ESA Special Benefits for Disabled 297 Coal Miners (mandatory) ESA Energy Employees Occupational Illness Compensation Fund 102 (mandatory) ESA Black Lung Disability Trust Fund 1,070 (mandatory) ESA subtotal 2,117 Occupational Safety and Health 487 Administration (OSHA) Mine Safety and Health 302 Administration (MSHA) Bureau of Labor Statistics 548 Office of Disability Employment 28 Policy Departmental Management WIA Job Corpsc 1,578 International Labor Affairs 73 Veterans Employment and Training 223 Departmental Management, other 299 Departmental Management subtotal 2,173 Working Capital Fund 6 TOTALS, DEPARTMENT OF LABOR Total Appropriationsd 14,685 FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 270 270 270 270 105 105 105 105 1,068 1,068 1,068 1,068 2,094 2,082 2,084 2,067 490 504 498 486 313 313 340 334 574 576 560 544 19 28 28 27 1,522 14 228 319 2,083 12 1,649 73 228 279 2,229 0 1,660 83 231 310 2,284 0 1,611 81 228 285 2,205 0 13,936 14,815 14,906 14,664 Current Year Funding 12,154 11,411 12,290 12,381 12,139 One-Year Advance Funding 2,531 2,525 2,525 2,525 2,525 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to rounding. a. The WIA community college initiative (i.e., Community-Based Job Training program) was funded at $125 million in FY2007 from Dislocated Worker Assistance National Reserve funds. The President’s budget request for FY2008 would have provided direct appropriations of $150 million. To reflect this difference, in Table 8 the program is shown on two lines. b. Federal Unemployment Benefits and Allowances consist of funding for benefits and training for workers under the Trade Adjustment Assistance (TAA) program. c. The FY2006 appropriations bill directed DOL to transfer the Job Corps from ETA to the Office of the Secretary. The Administration’s budget request for FY2008 sought to return the Job Corps to ETA. P.L. 110-161 kept the Job Corps in the Office of the Secretary. In Table 8, the Job Corps is included in DOL Departmental Management. d. Appropriations totals include discretionary and mandatory spending and may be subject to additional scorekeeping and other adjustments. CRS-27 Department of Health and Human Services FY2007 discretionary appropriations for the Department of Health and Human Services (HHS) were $64.1 billion. For FY2008, the budget request was $63.2 billion, $859 million (1.3%) less than the FY2007 amount, as shown in Table 9. The FY2008 House appropriations bill would have provided $68.4 billion in discretionary funding, an increase of $4.31 billion (6.7%) over FY2007. The Senate bill would have provided $68.1 billion, $4.09 billion (6.4%) over the FY2007 level. The appropriation enacted in P.L. 110-161 was $65.6 billion, an increase of $1.50 billion (2.3%) over FY2007. Table 9. Department of Health and Human Services Discretionary Appropriations ($ in billions) Funding Appropriations FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 64.1 63.2 68.4 68.1 65.6 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded, as are funds for the Food and Drug Administration (FDA) and the Indian Health Service (IHS). FDA and IHS are both agencies of HHS, but they are funded through other appropriations bills. Mandatory HHS programs included in the L-HHS-ED act were funded at $410.7 billion in FY2008, and consist primarily of Medicaid Grants to States ($208.7 billion), Payments to Medicare Trust Funds ($188.4 billion, including both Part B Supplementary Medical Insurance and Part D Prescription Drugs), Foster Care and Adoption Assistance State Payments ($6.8 billion), Family Support Payments to States ($4.0 billion), and the Social Services Block Grant ($1.7 billion). Key Issues President’s Request. The President’s FY2008 budget request for HHS proposed increased support for the Public Health and Social Services Emergency Fund (PHSSEF), and for program management and a fraud control initiative for the administration of Medicare and Medicaid. At the same time, it proposed overall funding reductions for health resources and services, disease control and prevention, medical research, substance abuse and prevention, programs for children and families, and services for the aging. Not all programs in each category were decreased; selected programs in most of the categories were requested for increases. Requests for major changes are indicated below. Discretionary spending changes of at least $100 million were requested in the President’s FY2008 budget for several HHS programs, as follows. CRS-28 ! ! ! ! ! ! ! ! ! ! ! ! Health Professions programs other than those for nursing, funded at $185 million in FY2007, would have been decreased by $175 million to $10 million. Children’s Hospitals Graduate Medical Education (CHGME), funded at $297 million in FY2007, would have been reduced by $187 million to $110 million. Rural Health Programs, funded at $129 million in FY2007, would have been reduced by $104 million to $25 million. Buildings and Facilities at the Centers for Disease Control and Prevention (CDC), funded at $134 million in FY2007, would have been reduced by $114 million to $20 million. The National Institutes of Health (NIH), funded at $28.90 billion in FY2007, would have been reduced by $279 million to $28.62 billion. At the Substance Abuse and Mental Health Services Administration (SAMHSA), the Mental Health Block Grant (MHBG) and the Substance Abuse Block Grant (SABG) were proposed for level funding ($407 million and $1.68 billion, respectively), but all other SAMHSA activities would have been reduced, in the aggregate, by $160 million, from $1.12 billion in FY2007 to $960 million. At the Centers for Medicare and Medicaid Services (CMS), a Fraud and Abuse Control Initiative would have been funded at $183 million, while CMS Program Management would have been increased by $133 million, from $3.14 billion in FY2007 to $3.27 billion. The Low-Income Home Energy Assistance Program (LIHEAP), funded at $2.16 billion in FY2007, would have been decreased by $379 million to $1.78 billion. The Social Services Block Grant, funded at $1.7 billion in FY2007, would have been reduced by $500 million to $1.2 billion, but only if a legislative change proposed by the Administration had been adopted by Congress. (Under current law, the request remained at $1.7 billion.) Head Start, funded at $6.89 billion in FY2007, would have been decreased by $100 million to $6.79 billion. The Community Services Block Grant (CSBG), funded at $630 million in FY2007, would have been eliminated. The PHSSEF, funded at $717 million in FY2007, would have been increased by $1.04 billion to $1.75 billion. Funding covers homeland security activities and pandemic influenza preparedness, both of which would have been increased. (For details on pandemic influenza appropriations, see CRS Report RS22576.) House Bill. For HHS programs, the House bill differed by at least $100 million from the President’s budget request, as follows. ! The Health Centers program would have received $2.19 billion under the House bill, $200 million more than requested; $1.99 billion was provided in FY2007. CRS-29 ! ! ! ! ! ! ! ! ! ! ! ! ! Health Professions other than nursing would have received $228 million, $219 million more than requested; $185 million was provided in FY2007. CHGME would have received $307 million, $197 million more than requested; $297 million was provided in FY2007. Rural Health Programs would have received $145 million, $120 million more than requested; $129 million was provided in FY2007. The House bill moved funding for the Denali Commission out of the Rural Health category; it received $39 million in FY2007, but was given no funding in the request or the House bill. (The Senate bill would have retained the Commission in Rural Health at $39 million; P.L. 110-161 gave it $39 million outside of Rural Health Programs.) Health Care-Related Facilities and Activities would have received $128 million; no funds were requested and none were provided in FY2007. The CDC Infectious Diseases program would have received $1.90 billion, $119 million more than requested; $1.79 billion was provided in FY2007. The Preventive Health and Health Services Block Grant (PHBG) would have received $109 million. No funds were requested; $99 million was provided in FY2007. NIH would have received $29.67 billion, $1.05 billion more than requested; $28.90 billion was provided in FY2007. SAMHSA activities other than the two block grants would have received $1.14 billion, $179 million more than requested; $1.12 billion was provided in FY2007. The Agency for Healthcare Research and Quality (AHRQ) would have received an appropriation of $283 million; previously, all of its funding had come indirectly from the PHS Evaluation Tap. The House bill would have provided an additional $47 million from the PHS tap, for a total of $330 million, the same as the request; AHRQ received $319 million from the tap in FY2007. The CMS Fraud and Abuse Control Initiative would have received $383 million, $200 million more than requested; there was no funding in FY2007. LIHEAP would have received $2.66 billion, $880 million more than requested; $2.16 billion was provided in FY2007. Head Start would have received $6.96 billion, $175 million more than requested; $6.89 billion was provided in FY2007. The CSBG would have been funded at $660 million. No funds were requested; $630 million was provided in FY2007. Senate Bill. The Senate bill differed from the House bill by at least $100 million for several HHS programs. ! CHGME would have been funded at $200 million, $107 million less than the House amount of $307 million; $110 million was requested, and $297 million was provided in FY2007. CRS-30 ! ! ! ! ! CDC Infectious Diseases would have been funded at $1.76 billion, $138 million less than the House amount of $1.90 billion; $1.78 billion was requested, and $1.79 billion was provided in FY2007. Buildings and Facilities at CDC would have been funded at $220 million, $210 million more than the House amount of $10 million; $20 million was requested, and $134 million was provided in FY2007. The NIH would have received $29.90 billion, $230 million more than the House amount of $29.67 billion; $28.62 billion was requested, and $28.90 billion was provided in FY2007. LIHEAP would have been funded at $2.16 billion, $501 million less than the House amount of $2.66 billion; $1.78 billion was requested, and $2.16 billion was provided in FY2007. Head Start would have received $7.09 billion, $125 million more than the House amount of $6.96 billion; $6.79 billion was requested, and $6.89 billion was provided in FY2007. Conference Report (Vetoed). Compared to FY2007 funding, the conference agreement would have changed discretionary spending by at least $100 million for several HHS programs. ! ! ! ! ! ! ! ! ! Community Health Centers would have received $2.21 billion, $225 million more than requested and $225 million more than the FY2007 amount of $1.99 billion. Health Care-Related Facilities and Activities would have received $318 million; no funds were requested for FY2008 or provided in FY2007. NIH would have received $30.0 billion, $1.4 billion more than requested and $1.1 billion more than the FY2007 amount of $28.9 billion. AHRQ would have received no direct appropriation but would have received $335 million indirectly from the PHS Evaluation Tap, $5 million more than requested and $16 million more than the FY2007 amount of $319 million from the tap. CMS Program Management would have received $3.28 billion, $2 million more than requested and $135 million more than the FY2007 amount of $3.14 billion. The CMS Fraud and Abuse Control Initiative would have received $383 million, $200 million more than requested; there was no funding in FY2007. LIHEAP would have been funded at $2.41 billion, $630 million more than requested and $250 million more than the FY2007 amount of $2.16 billion. Head Start would have received $7.04 billion, $254 million more than requested and $154 million more than the FY2007 amount of $6.89 billion. The PHSSEF would have received $1.51 billion, $248 million less than requested and $788 million more than the FY2007 amount of $717 million. Included in the conference amount would have been CRS-31 $764 million for pandemic influenza preparedness; in FY2007, pandemic flu activities were funded elsewhere. Public Law. Compared to FY2007 funding, P.L. 110-161 changed discretionary spending by at least $100 million for several HHS programs. ! ! ! Health Care-Related Facilities and Activities received $304 million; no funds were requested for FY2008 or provided in FY2007. NIH received $29.23 billion, $607 million more than requested and $329 million more than the FY2007 amount of $28.90 billion. LIHEAP was funded at $2.57 billion, $788 million more than requested and $409 million more than the FY2007 amount of $2.16 billion. Abortion: Funding Restrictions. Annual L-HHS-ED appropriations regularly contain restrictions that limit — for one year at a time — the circumstances under which federal funds can be used to pay for abortions. Restrictions on appropriated funds, popularly referred to as the “Hyde Amendments,” generally apply to all L-HHS-ED funds. Medicaid is the largest program affected. Given the perennial volatility of this issue, these provisions may be revisited at any time during the annual consideration of L-HHS-ED appropriations. From FY1977 to FY1993, abortions could be funded only when the life of the mother was endangered. The 103rd Congress modified the provisions to permit federal funding of abortions in cases of rape or incest. The FY1998 L-HHS-ED appropriations, P.L. 105-78, extended the Hyde provisions to prohibit the use of federal funds to buy managed care packages that include abortion coverage, except in the cases of rape, incest, or life endangerment. The FY1999 L-HHS-ED appropriations, P.L. 105-277, continued the FY1998 Hyde Amendments with two added provisions: (1) a clarification to ensure that the restrictions apply to all trust fund programs (namely, Medicare), and (2) an assurance that Medicare + Choice plans cannot require the provision of abortion services. No changes were made from FY2000 through FY2004. The FY2005 L-HHS-ED appropriations, P.L. 108-447 (H.Rept. 108-792, p. 1271), added a restriction, popularly referred to as the “Weldon Amendment,” that prevents federal programs or state or local governments that receive L-HHS-ED funds from discriminating against health care entities that do not provide or pay for abortions or abortion services. The FY2006 L-HHS-ED appropriations retained the Weldon amendment language and the Hyde restrictions. Under the FY2007 continuing resolution (P.L. 110-5), the provisions also applied to FY2007 funds. The FY2008 appropriations retained the same language; the provisions can be found in §507 and §508 of P.L. 110-161, Division G. For additional information, please see CRS Report RL33467, Abortion: Legislative Response, by Jon O. Shimabukuro and Karen J. Lewis. Embryonic Stem Cell Research: Funding Restrictions. On August 9, 2001, President Bush announced a decision to use federal funds for research on human embryonic stem cells for the first time, but limited the funding to “existing stem cell lines.” Embryonic stem cells have the ability to develop into virtually any cell in the body, and have the potential to treat medical conditions such as diabetes and Parkinson’s disease. In response to the President’s announcement, the NIH CRS-32 developed a registry of 78 embryonic stem cell lines eligible for use in federally funded research. However, many of these lines were found to be unavailable or unsuitable for research; only 21 of the 78 eligible stem cell lines are currently available for general research purposes. Some scientists are concerned about the quality, longevity, and availability of eligible stem cell lines. Many believe that the advancement of research requires new stem cell lines, possibly including stem cells derived from cloned embryos. The use of stem cells, however, raises ethical issues for some because the embryos are destroyed in order to obtain the cells. An FY1996 appropriations continuing resolution, P.L. 104-99 (§128), prohibited NIH funds from being used for the creation of human embryos for research purposes or for research in which human embryos are destroyed. Since FY1997, annual appropriations acts have extended the prohibition to all L-HHS-ED funds, with the NIH as the agency primarily affected. The restriction, originally introduced by Representative Jay Dickey, has not changed significantly since it was first enacted. The current provision can be found in §509 of P.L. 110-161, Division G. The Senate-reported bill (S. 1710) included a new §520 that would have allowed, if certain ethical requirements were met, amounts appropriated under the act to be used to conduct human embryonic stem cell research as long as the cells were derived before June 15, 2007, thus changing the August 2001 policy of the Bush Administration. The provision was dropped, however, from the substitute bill that the Senate considered and eventually passed as H.R. 3043. For additional information, please see CRS Report RL33540, Stem Cell Research: Federal Research Funding and Oversight, by Judith A. Johnson and Erin D. Williams. CRS Products Health CRS Report RL33467, Abortion: Legislative Response, by Jon O. Shimabukuro and Karen J. Lewis. CRS Report RL30731, AIDS Funding for Federal Government Programs: FY1981-FY2008, by Judith A. Johnson. CRS Report RS21044, Background and Legal Issues Related to Stem Cell Research, by Jon O. Shimabukuro. CRS Report RL34048, Federal Research and Development Funding: FY2008, by John Sargent et al. CRS Report RS22438, Health Professions Programs in Title VII and Title VIII of the Public Health Service (PHS) Act: Appropriations Fact Sheet, by Bernice ReyesAkinbileje. CRS Report RL31358, Human Cloning, by Judith A. Johnson and Erin D. Williams. CRS Report RL33880, Older Americans Act: FY2008 Funding, by Angela Napili. CRS-33 CRS Report RL33695, The National Institutes of Health (NIH): Organization, Funding, and Congressional Issues, by Pamela W. Smith. CRS Report RS22576, Pandemic Influenza: Appropriations for Public Health Preparedness and Response, by Sarah A. Lister. CRS Report RL34098, Public Health Service (PHS) Agencies: Background and Funding, by Pamela W. Smith et al. CRS Report RL33279, The Ryan White HIV/AIDS Treatment Program, by Judith A. Johnson and Paulette C. Morgan. CRS Report RL33540, Stem Cell Research: Federal Research Funding and Oversight, by Judith A. Johnson and Erin D. Williams. CRS Report RL33997, Substance Abuse and Mental Health Services Administration (SAMHSA): Reauthorization Issues, by Ramya Sundararaman. Human Services CRS Report RL30785, The Child Care and Development Block Grant: Background and Funding, by Melinda Gish. CRS Report RL34121, Child Welfare: Recent and Proposed Federal Funding, by Emilie Stoltzfus. CRS Report RL32872, Community Services Block Grants (CSBG): Funding and Reauthorization, by Karen Spar. CRS Report RL30952, Head Start: Background and Issues, by Melinda Gish. CRS Report RL31865, The Low-Income Home Energy Assistance Program (LIHEAP): Program and Funding, by Libby Perl. CRS Report 94-953, Social Services Block Grant (Title XX of the Social Security Act), by Melinda Gish. Websites Department of Health and Human Services [http://www.hhs.gov] [http://www.hhs.gov/budget/docbudget.htm] Detailed Appropriations Table Table 10 shows the appropriations details for offices and major programs of HHS. CRS-34 Table 10. Detailed Department of Health and Human Services Appropriations ($ in millions) Office or Major Program FY2007 Enacted FY2008 Request FY2008 House Public Health Service (PHS) Health Resources and Services Administration (HRSA) Community Health Centers 1,988 1,988 2,188 National Health Service Corps 126 116 132 Health Professions, Nursing 150 105 166 Health Professions, other 185 10 228 Children’s Hospital Graduate Medical 297 110 307 Education Maternal and Child Health Block Grant 693 693 750 Autism and Other Developmental 0 0 0 Disordersa Ryan White AIDS Programs 2,113 2,133 2,216 Rural Health Programsb 129 25 145 Family Planning (Title X) 283 283 311 Health Care-Related Facilities and 0 0 128 Activities Bioterrorism Hospital Grantsc 0 0 0 Vaccine Injury Compensation Trust 56 58 58 Fund (mandatory) HRSA, other 435 339 498 HRSA subtotal 6,453 5,860 7,126 Centers for Disease Control and Prevention (CDC) Infectious Diseases 1,774 1,782 1,901 Health Promotion 947 959 1,002 Terrorism Preparedness and Response 1,496 1,504 1,599 Preventive Health and Health Services 99 0 109 Block Grant (PHBG) CDC Buildings and Facilities 134 20 10 CDC, other 1,488 1,452 1,517 CDC subtotald 5,938 5,717 6,138 National Institutes of Health (NIH)d 28,900 28,621 29,670 Substance Abuse and Mental Health Services Administration (SAMHSA) Mental Health Block Grant 407 407 420 Substance Abuse Block Grant 1,679 1,679 1,714 SAMHSA, other 1,120 960 1,139 SAMHSA subtotal 3,206 3,046 3,273 Agency for Healthcare Research and 0 0 283 Quality (AHRQ) AHRQ program level (non-add) 319 330 330 PHS subtotal 44,497 43,244 46,489 Centers for Medicare and Medicaid Services (CMS) Medicaid Grants to States (mandatory) 170,729 208,921 208,923 Medicare Trust Funds (mandatory) 176,298 188,628 188,828 CMS Program Management 3,141 3,274 3,230 Fraud and Abuse Control initiative 0 183 383 CMS subtotal 350,168 401,006 401,364 FY2008 Senate FY2008 Enacted 2,238 126 170 190 2,065 123 156 194 200 302 673 666 37 36 2,146 133 300 2,142 136 300 191 304 0 0 58 58 467 6,928 439 6,922 1,762 983 1,632 1,792 961 1,497 99 97 220 1,469 6,165 29,900 55 1,648 6,050 29,229 407 1,679 1,192 3,278 400 1,680 1,155 3,234 330 0 330 46,601 335 45,435 208,921 188,828 3,248 383 401,380 208,921 188,445 3,152 0 400,517 CRS-35 FY2007 FY2008 FY2008 Enacted Request House Administration for Children and Families (ACF) Family Support Payments (mandatory) 4,264 3,950 3,950 Low Income Home Energy Assistance 2,161 1,782 2,662 Program (LIHEAP) Refugee and Entrant Assistance 588 656 651 Child Care and Development Block 2,062 2,062 2,137 Grant (CCDBG) Social Services Block Grant (SSBG) 1,700 1,700 e 1,700 (Title XX) (mandatory) Head Start 6,889 6,789 6,964 Child Welfare Services 287 287 287 Developmental Disabilities 171 171 197 Community Services Block Grant 630 0 660 Battered Women’s Shelters 125 125 135 Abstinence Education 109 137 137 Children and Family Services, other 728 732 768 Promoting Safe and Stable Families 345 345 345 (PSSF) (mandatory) PSSF (discretionary) 89 89 89 Foster Care and Adoption Assistance 6,722 6,843 6,858 (mandatory) ACF subtotal 26,869 25,666 27,538 Administration on Aging (AOA) 1,383 1,335 1,417 Office of the Secretary General Departmental Management 356 393 348 Medical Benefits, Commissioned 371 403 403 Officers (mandatory) Public Health and Social Services 717 1,754 1,705 Emergency Fund (PHSSEF) Office of the Secretary, other 177 242 165 Office of the Secretary subtotal 1,621 2,790 2,621 TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES Total Appropriationsf 424,539 474,042 479,430 Current Year Funding 355,082 402,584 407,972 One-Year Advance Funding 69,456 71,457 71,457 Office or Major Program FY2008 Senate FY2008 Enacted 3,950 3,950 2,161 2,570 654 656 2,067 2,062 1,700 1,700 7,089 287 191 670 127 80 769 6,902 282 180 654 123 109 745 345 345 89 63 6,843 6,843 27,023 1,452 27,184 1,413 404 355 403 403 1,730 729 196 2,732 183 1,670 479,187 407,729 71,457 476,219 404,762 71,457 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to rounding. a. Activities related to autism were formerly funded under the Maternal and Child Health Block Grant as part of the set-aside for Special Projects of Regional and National Significance. The FY2008 Senate bill and P.L. 110-161 created a separate funding line for the autism-related activities. b. The Denali Commission, previously funded under Rural Health Programs, is now grouped into the “HRSA, other” line in this table (see discussion under “House Bill” above). c. P.L. 110-5 transferred the HRSA bioterrorism grants program to the Office of the HHS Secretary. d. Two HHS programs also received FY2008 funds from Interior-Environment appropriations — $74 million for CDC and $78 million for NIH; neither amount is included in this table. e. The $1.7 billion shown reflects the current law entitlement to states for the Social Services Block Grant. For FY2008, the Administration proposed a reduction of $500 million in the entitlement, which would bring the requested total to $1.2 billion. f. Appropriations totals include discretionary and mandatory funds, and may be subject to additional scorekeeping and other adjustments. Two HHS agencies were funded through other appropriations in FY2008: the Food and Drug Administration (FDA) in Agriculture appropriations ($1.7 billion), and the Indian Health Service (IHS) in Interior-Environment appropriations ($3.3 billion); neither agency is included in this table. CRS-36 Department of Education For FY2008, P.L. 110-161 provided $59.4 billion in discretionary funding for the Department of Education, $2.0 billion (3.4%) over the FY2007 amount of $57.5 billion (Table 11). For FY2008, the budget request was $56.2 billion, $1.2 billion (2.2%) less than the FY2007 amount. The FY2008 House appropriations bill would have provided $62.1 billion in discretionary funding, an increase of $4.6 billion (8.0%) over FY2007. The Senate bill would have provided $60.1 billion, $2.6 billion (4.6%) over the FY2007 level. Table 11. Department of Education Discretionary Appropriations ($ in billions) Funding Appropriations FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 57.5 56.2 62.1 60.1 59.4 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded. A single mandatory ED program is included in the FY2008 L-HHS-ED bill; the Vocational Rehabilitation State Grants program was funded at $2.8 billion in FY2007 and was funded at $2.9 billion for FY2008. Key Issues President’s Request. Under the FY2008 budget request, funding for several programs would have been increased, and five new education programs were proposed. However, the President’s request would have eliminated funding for 44 existing programs and reduced the total discretionary funding for ED programs in FY2008. The President’s FY2008 budget request proposed changes of at least $100 million for ED programs, as follows. ! ! ! Elementary and Secondary Education Act of 1965 (ESEA) programs, funded in aggregate at $23.5 billion in FY2007, would have been increased by $993 million in the President’s FY2008 budget request. Title I, Part A, Grants to Local Educational Agencies (LEAs) for Education for the Disadvantaged, funded at $12.8 billion in FY2007, would have been increased by $1.1 billion. School Improvement Grants, funded at $125 million in FY2007, would have been increased by $375 million. CRS-37 ! ! ! ! ! ! ! ! ! Three K-12 education initiatives of at least $100 million were proposed by the President: $125 million for Math Now, Elementary; $125 million for Math Now, Middle School; and $250 million for Promise Scholarships. Educational Technology State Grants, funded at $272 million in FY2007, would have been eliminated. The Fund for the Improvement of Education (FIE), funded at $159 million in FY2007, would have been reduced by $100 million. The Teacher Incentive Fund, funded at $0.2 million in FY2007, would have been increased by $199 million. Safe and Drug-Free Schools State Grants, funded at $347 million in FY2007, would have been decreased by $247 million. The Individuals with Disabilities Education Act (IDEA) Part B Grants to States program, funded at $10.8 billion in FY2007, would have been decreased by $291 million. The Perkins Career and Technical Education program, funded at $1.3 billion in FY2007, would have been decreased by $686 million. The Pell Grants program, funded at $13.7 billion in FY2007, would have been reduced by $247 million. The maximum appropriated award would have been $4,050; $4,310 was the maximum award in FY2007. Federal Supplemental Educational Opportunity Grants, funded at $771 million in FY2007, would have been eliminated. House Bill. For ED programs, the House bill, as passed, differed by at least $100 million from the President’s budget request, as follows. ! ! ! ! ! ! ! ! ESEA programs in aggregate would have received $25.5 billion, $1.0 billion more than requested; $23.5 billion was provided in FY2007. Title I, Part A, Grants to LEAs would have received $14.4 billion, $453 million more than requested; $12.8 billion was provided in FY2007. Reading First State Grants would have received $354 million, $665 million less than requested; $1.0 billion was provided in FY2007. Of the President’s proposed education initiatives of $100 million or more, no funds would have been provided for Math Now, Elementary ($125 million requested); Math Now, Middle School ($125 million); or Promise Scholarships ($250 million). Teacher Quality State Grants would have received $3.2 billion, $400 million more than requested; $2.9 billion was provided in FY2007. Education Technology State Grants would have received $272 million; no funds were requested; $272 million was provided in FY2007. The 21st Century Community Learning Centers would have received $1.1 billion, $125 million more than requested; $981 million was provided in FY2007. The Fund for the Improvement of Education would have received $205 million, $147 million more than requested; $159 million was provided in FY2007. CRS-38 ! ! ! ! ! ! ! ! ! The Teacher Incentive Fund would have received $99 million, $100 million less than requested; $0.2 million was provided in FY2007. Safe and Drug-Free Schools State Grants would have received $347 million, $247 million more than requested; $347 million was provided in FY2007. English Language Acquisition State Grants would have received $775 million, $104 million more than requested; $669 million was provided in FY2007. IDEA Part B Grants to States would have received $11.3 billion, $850 million more than requested; $10.8 billion was provided in FY2007. Perkins Career and Technical Education would have received $1.3 billion, $710 million more than requested; $1.3 billion was provided in FY2007. Pell Grants would have received $15.6 billion, $2.2 billion more than requested; $13.7 billion was provided in FY2007. The Pell Grant maximum appropriated award would have been increased to $4,700; $4,050 was requested as the appropriated maximum award; $4,310 was the maximum award in FY2007. Federal Supplemental Opportunity Grants would have received $771 million; no funds were requested; $771 million was provided in FY2007. Aid for Institutional Development for higher education would have received $648 million; $159 million more than requested; $506 million was provided in FY2007. Departmental Management would have received $366 million, $227 million less than requested; $560 million was provided in FY2007. Senate Bill. The Senate bill differed from the House bill by at least $100 million for several ED programs. ! ! ! ! ! ! ESEA programs in aggregate would have received $24.6 billion, $926 million less than the House amount of $25.5 billion; $24.5 billion was requested; $23.5 billion was provided in FY2007. Title I, Part A, Grants to LEAs would have received $13.9 billion, $453 million less than the House amount of $14.4 billion; $13.9 was requested; $12.8 billion was provided in FY2007. Reading First State Grants would have been funded at $800 million, $447 million more than the House amount of $354 million; the request was for $1.0 billion; $1.0 billion was provided in FY2007. Teacher Quality State Grants would have been funded at $2.9 billion, $300 million less than the House amount of $3.2 billion; $2.8 billion was requested; $2.9 billion was provided in FY2007. The 21st Century Community Learning Centers would have received $1.0 billion, $106 million less than the House amount of $1.1 billion; $981 million was requested; $981 million was provided in FY2007. IDEA Part B Grants to States would have received $11.2 billion, $102 million less than the House amount of $11.3 billion; $10.5 billion was requested; $10.8 billion was provided in FY2007. CRS-39 ! ! ! Pell Grants would have received $14.5 billion, $1.1 billion less than the House amount of $15.6 billion; $13.4 billion was requested; $13.7 billion was provided in FY2007. The FY2008 maximum appropriated award would have been $4,310 under the Senate bill. The maximum appropriated award would have been $4,700 under the House bill. The maximum appropriated award would have been $4,050 under the request. In FY2007, the maximum Pell Grant award was $4,310. Aid for Institutional Development for higher education would have received $507 million, $140 million less than the House amount of $648 million; $489 million was requested; $506 million was provided in FY2007. Departmental Management would have received $569 million, $202 million more than the House amount of $366 million; $594 million was requested; $560 million was provided in FY2007. Conference Report (Vetoed). The conference agreement would have changed discretionary spending by at least $100 million for several ED programs, compared to the FY2007 funding levels. ! ! ! ! ! ! ! ! ! ESEA programs in aggregate would have received $25.1 billion, $594 million more than requested, and $1.6 billion more than the FY2007 amount of $23.5 billion. Title I, Part A, Grants to LEAs would have received $14.3 billion, $401 million more than requested, and $1.5 billion more than the FY2007 amount of $12.8 billion. School Improvement Grants would have received $500 million, the same amount requested, and $375 million more than the FY2007 amount of $125 million. Reading First State Grants would have been funded at $400 million, $619 million less than requested, and $629 million less than the FY2007 amount of $1.0 billion. Teacher Quality State Grants would have been funded at $3.0 billion, $250 million more than requested, and $150 million more than the FY2007 amount of $2.9 billion. The 21st Century Community Learning Centers would have received $1.1 billion, $100 million more than requested, and $100 million more than the FY2007 amount of $981 million. The Fund for the Improvement of Education would have been funded at $263 million, $205 million more than requested, and $104 million more than the FY2007 amount of $159 million. IDEA Part B Grants to States would have received $11.3 billion, $800 million more than requested, and $509 million more than the FY2007 amount of $10.8 billion. Pell Grants would have received $14.5 billion, $1.1 billion more than requested, and $837 million more than the FY2007 amount of $13.7 billion. The FY2008 maximum appropriated grant award would have been $4,435, $385 more than requested and $125 more than the FY2007 amount of $4,310. CRS-40 ! The Fund for the Improvement of Postsecondary Education would have received $126 million, $104 more than requested, and $104 more than the FY2007 amount of $22 million. Public Law. The FY2008 enacted appropriations changed discretionary spending by at least $100 million for several ED programs, compared to the FY2007 funding levels. ! ! ! ! ! ! ! ESEA programs in aggregate received $24.6 billion, $99 million more than requested, and $1.1 billion more than the FY2007 amount of $23.5 billion. Title I, Part A, Grants to LEAs were funded at $14.0 billion, $118 million more than requested, and $1.2 billion more than the FY2007 amount of $12.8 billion. School Improvement Grants received $491 million, $9 million less than requested, and $366 million more than the FY2007 amount of $125 million. Reading First State Grants received $393 million, $626 million less than requested, and $636 million less than the FY2007 amount of $1.0 billion. The 21st Century Community Learning Centers were funded at $1.1 billion, $100 million more than requested, and $100 million more than the FY2007 amount of $981 million. IDEA Part B Grants to States were funded at $11.0 billion, $550 million more than requested, and $259 million more than the FY2007 amount of $10.8 billion. Pell Grants received $14.2 billion, $801 million more than requested, and $554 million more than the FY2007 amount of $13.7 billion. The FY2008 maximum appropriated grant award was $4,241, $191 more than requested and $69 less than the FY2007 amount of $4,310.2 New Programs and Program Eliminations. The request included funding for five new education programs; none of them was funded by the FY2008 enacted appropriations. The enacted appropriations, however, provided $1 million in funding for each of two new programs, Programs for Bachelor’s Degrees in Science, Technology, Engineering, and Mathematics (STEM) and Critical Languages, and Programs for Master’s Degrees in STEM and Critical Languages. The request would have eliminated funding for 44 education programs. The FY2008 enacted appropriations eliminated funding for 2 of the 44 programs — the Early Childhood Educator Professional Development program, which was funded at 2 The College Cost Reduction Act (P.L. 110-84) provided an additional $2 billion in mandatory funding for the Pell Grant program in FY2008. These mandatory funds coupled with the discretionary funds provided through the FY2008 Consolidated Appropriations Act provide a total maximum Pell Grant award of $4,731, an increase of $421 in the maximum Pell Grant award. (Joint explanatory statement accompanying the FY2008 Consolidated Appropriations Act (P.L. 110-161), which appears in the Congressional Record, December 17, 2007, No. 193 — Book II, p. H16268.) CRS-41 $15 million in FY2007, and the Innovative Education Block Grants, which were funded at $99 million in FY2007. The FY2008 enacted appropriations also eliminated funding for the Credit Enhancement for Charter Schools program, which was funded at $37 million in FY2007. The request would have continued to fund this program. ESEA Funding Shortfall? Since the enactment of the No Child Left Behind Act of 2001 (NCLBA), P.L. 107-110, which amended the ESEA among other programs, there has been a continuing discussion regarding the appropriations “promised” and the resulting “shortfall” when the enacted appropriations are compared to authorization levels. Some would contend that the ESEA authorizations of appropriations, as amended by NCLBA, represent a funding commitment that was promised in return for legislative support for the new administrative requirements placed on state and local educational systems. They would contend that the authorized levels are needed for implementing the new requirements, and that the differences between “promised” and actual funding levels represent a shortfall of billions of dollars. Others would contend that the authorized funding levels represent no more than appropriations ceilings, and as such are no different from authorizations for most education programs. That is, when the authorization amount is specified, it represents only a maximum amount, with the actual funding level to be determined during the regular annual appropriations process. In the past, education programs with specified authorization levels generally have been funded at lower levels; few have been funded at levels equal to or higher than the specified authorization amount. Five ESEA programs, as amended by NCLBA, have specific authorization levels for FY2002 through FY2007: Title I, Part A Grants to Local Educational Agencies (LEAs); 21st Century Community Learning Centers (21CCLC); the Education Block Grant; School Choice; and the Fund for the Improvement of Education. For FY2007, the aggregate authorization for these five programs was $28.9 billion, and the appropriation was $14.4 billion, or $14.5 billion less than the amount authorized. All current ESEA program authorizations expired after FY2007. They have been automatically extended, however, for one additional year under section 422 of the General Education Provisions Act (GEPA) (20 U.S.C. 1226a, providing for contingent extension of programs). Therefore, current ESEA programs are authorized through September 30, 2008. GEPA also specifies that the amount authorized to be appropriated for a program during the extension shall be the amount that was authorized to be appropriated for the program during the terminal fiscal year of the program. Thus, in the case of the five ESEA programs with specific authorization levels for FY2007, those authorizations remain the same for FY2008. Therefore, for FY2008, the aggregate authorization for the five programs is $28.9 billion, and the programs were funded at $15.7 billion, or $13.1 billion less than the amount authorized. IDEA Funding Shortfall? From 1975 to 2004, the IDEA Special Education Part B Grants to States program authorized state payments up to a maximum amount of 40% of the national average per-pupil expenditure (APPE) times the number of children with disabilities ages 3-21 that each state serves. Appropriations have never reached the 40% level. In 2004, Congress addressed the funding issue in P.L. 108- CRS-42 446, which specified authorization ceilings for Part B Grants to States for FY2005 through FY2011. For FY2007, the Part B Grants to States authorization was $16.9 billion, and the appropriation was $10.8 billion, or $6.2 billion less than the authorized amount. For FY2008, the authorized amount is $19.2 billion, and $11.0 billion was appropriated — $8.2 billion less than the amount authorized. As with ESEA and NCLBA, some view these differences as funding shortfalls, while others see the maximum federal share and the specified authorizations as nothing more than appropriations ceilings. For additional information, please see CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current Funding Trends, by Richard N. Apling and Ann Lordeman. Maintaining Integrity and Ethical Values in the Department of Education. The FY2008 enacted appropriations added a general provision that requires the Secretary of Education to implement procedures: (1) to assess whether an officer or professional employee of ED, a contractor or subcontractor of ED, a member of a peer review panel of ED, or a consultant or advisor to ED has a potential financial interest in or “impaired objectivity” toward a product or service purchased with, guaranteed by, or insured by funds administered by ED or a contracted entity of ED; and (2) to disclose the existence of any such financial interest or impaired objectivity. The Inspector General must subsequently report to the House and Senate Committees on Appropriations regarding the adequacy of the procedures implemented by the Secretary. Within one year, the Inspector General must conduct at least one review of these procedures and make any recommendations for modifying the procedures that are needed to identify and disclose the existence of such potential financial interests or impaired objectivity. Forward Funding and Advance Appropriations. Most appropriations are available for obligation during the federal fiscal year of the appropriations bill. For example, most FY2008 appropriations will be available for obligation from October 1, 2007, through September 30, 2008. Several L-HHS-ED programs, including some of the larger ED programs, have authorization or appropriations provisions that allow funding flexibility for program years that differ from the federal fiscal year. For example, many of the elementary and secondary education formula grant programs receive appropriations that become available for obligation to the states on July 1 of the same year as the appropriations, and remain available for 15 months through the end of the following fiscal year. That is, FY2008 appropriations for some programs will become available for obligation to the states on July 1, 2008, and will remain available until September 30, 2009. This budgetary procedure is popularly known as “forward” or “multi-year” funding, and is accomplished through funding provisions in the L-HHS-ED appropriations bill. Forward funding in the case of elementary and secondary education programs was designed to allow additional time for school officials to develop budgets in advance of the beginning of the school year. For Pell Grants for undergraduates, however, aggregate program costs for individual students applying for postsecondary educational assistance cannot be known with certainty ahead of time. Appropriations from one fiscal year primarily support Pell Grants during the following academic year; that is, the FY2008 appropriations will be used primarily to support grants for the 2008-2009 academic year. Unlike funding for elementary and secondary CRS-43 education programs, however, the funds for Pell Grants remain available for obligation for two full fiscal years. An advance appropriation occurs when the appropriation is provided for a fiscal year beyond the fiscal year for which the appropriation was enacted. In the case of FY2008 appropriations, funds normally would have become available October 1, 2007, under regular funding provisions, but will not become available for some programs until July 1, 2008, under the forward funding provisions discussed above. However, if the July 1, 2008 forward funding date for obligation were to be postponed by three months — until October 1, 2008 — the appropriation would be reclassified as an advance appropriation since the funds would become available only in a subsequent fiscal year, FY2009. For example, the FY2008 budget request for Title I, Part A Grants to LEAs was $13.9 billion. This amount includes not only forward funding of $6.5 billion (to become available July 1, 2008), but also an advance appropriation of $7.4 billion (to become available October 1, 2009). Like forward funding provisions, these advance appropriations are specified through provisions in the annual appropriations bill. What is the impact of these changes in funding provisions? At the appropriations level, there is no difference between forward funded and advance appropriations except for the period available for obligation. At the program or service level, relatively little is changed by the three-month delay in the availability of funds, since most expenditures for a standard school year occur after October 1. At the scorekeeping level, however, a significant technical difference occurs because forward funding is counted as part of the current fiscal year, and is therefore fully included in the current 302(b) allocation for discretionary appropriations. Under federal budget scorekeeping rules, an advance appropriation is not counted in the 302(b) allocation until the following year. In essence, a three-month change from forward funding to an advance appropriation for a given program allows a one-time shift from the current year to the next year in the scoring of discretionary appropriations. For more information, please see CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance Funding, by Sandy Streeter. Potential Problem with the Treatment of Prior Year Advance Funding. In general, the funding amounts discussed in this report focus on the funding actually provided in the FY2008 enacted appropriations. Changes made to prior year advance funding in the enacted appropriations do not affect discretionary funding provided for each program, as the prior year advance funding was accounted for in the previous year’s appropriations act (e.g., FY2007 enacted appropriations). As previously discussed, however, for the purposes of determining compliance with the 302(b) allocation, prior year advance funding counts toward this allocation for the current year, as it is funding that is available for the fiscal year to which the allocation applies. As part of the effort to meet the 302(b) allocation for FY2008, prior year advance funds for Title I, Part A, Grants to LEAs; Teacher Quality State Grants; IDEA, Part B Grants to States; and Career and Technical Education State Grants were reduced by $263 million.3 3 FY2008 Consolidated Appropriations Act (P.L. 110-161), Division G, Section 528(a)(2). CRS-44 Although the FY2008 enacted appropriations specifically require the across-theboard reduction to be applied to prior year advance funding, in previous years ED has complied with across-the-board reduction requirements in appropriations acts by reducing current year or succeeding year advance funding. Reductions have not been made to prior year advance funding, presumably because these funds have already been obligated. Based on data published by the Budget Service at ED, the FY2008 reductions to prior year advance funding will be taken from current year or succeeding year funding — not from prior year advance funding.4 This results in discrepancies between funding provided for the four aforementioned programs in the FY2008 Consolidated Appropriations Act, as displayed in the table in the explanatory statement, and ED’s calculations of funding provided for these four programs for FY2008. The differences by program are reported below. ! ! ! ! Title I, Part A, Grants to LEAs: $14.0 billion in the enacted appropriations versus $13.9 billion based on ED’s calculations, for a difference of $129 million; Teacher Quality State Grants: $3.0 billion in the enacted appropriations versus $2.9 billion based on ED’s calculations, for a difference of $25 million; IDEA Part B Grants to States: $11.0 billion in the enacted appropriations versus $10.9 billion based on ED’s calculations, for a difference of $95 million; and Career and Technical Education State Grants: $1.2 billion in the enacted appropriations and $1.2 billion based on ED’s calculations, for a difference of $14 million when unrounded dollar amounts are considered. This also affects the overall total provided for discretionary appropriations. Based on the enacted appropriations, overall discretionary appropriations for FY2008 are $59.4 million. Based on ED’s calculations, overall discretionary appropriations for FY2008 are $59.2 billion. The FY2008 enacted appropriations included two provisions that could ultimately alter the level of funding provided for these and other programs. First, the Office of Management and Budget (OMB) was required, within 30 days of enactment, to submit to the House and Senate Committees on Appropriations a report specifying the application of the across-the-board reduction to each account. Second, the Department of Education was also required, within 45 days, to provide an operating plan that “details at the program, project, and activity level any funding allocations for fiscal year 2008 that are different than those” specified in the FY2008 Consolidated Appropriations Act, the joint explanatory statement accompanying the Consolidated Appropriations Act, or the FY2008 budget request.5 It is unclear at this time how, if at all, those reports may affect the final treatment of reductions to prior 4 The ED, Budget Service table is available at [http://www.ed.gov/about/overview/budget/budget08/08action.pdf]. Accessed January 21, 2008. 5 FY2008 Consolidated Appropriations Act (P.L. 110-161), Division G, Section 518. CRS-45 year advance funding for the aforementioned programs or what other changes may be made to program funding in the FY2008 enacted appropriations. CRS Products CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance Funding, by Sandy Streeter. CRS Report RL33960, The Elementary and Secondary Education Act, as Amended by the No Child Left Behind Act: A Primer, by Wayne C. Riddle and Rebecca R. Skinner. CRS Report RL31668, Federal Pell Grant Program of the Higher Education Act: Background and Reauthorization, by Charmaine Mercer. CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current Funding Trends, by Richard N. Apling and Ann Lordeman. CRS Report RL33371, K-12 Education: Implementation Status of the No Child Left Behind Act of 2001 (P.L. 107-110), by Gail McCallion, Coordinator. CRS Report RL33749, The No Child Left Behind Act: An Overview of Reauthorization Issues for the 110th Congress, by Wayne C. Riddle. CRS Report RL34214, A Primer on the Higher Education Act (HEA), by Charmaine Mercer and Rebecca R. Skinner. Websites Department of Education [http://www.ed.gov/index.jhtml] [http://www.ed.gov/about/overview/budget/budget08/index.html] Detailed Appropriations Table Table 12 shows the appropriations details for offices and major programs of ED. CRS-46 Table 12. Detailed Department of Education Appropriations ($ in millions) Office or Major Program Total Elementary and Secondary Education Act (non-add)a Education for the Disadvantaged Title I, Part A Education for the Disadvantaged, Grants to LEAsb Even Start School Improvement Grants Reading First State Grants Math Now, Elementary initiative Math Now, Middle School initiative Promise Scholarships America’s Opportunity Scholarships Migrant State Grants Education for the Disadvantaged, other Education for the Disadvantaged subtotal Impact Aid Impact Aid School Improvement Programs Teacher Quality State Grantsc Mathematics and Science Partnerships Innovative Education Block Grant Educational Technology State Grants 21st Century Community Learning Centers State Assessments Rural Education School Improvement, other School Improvement subtotal Indian Education Indian Education Innovation and Improvement Charter School Grants Fund for the Improvement of Education general funds (FIE) Teacher Incentive Fundd Innovation and Improvement, other Innovation and Improvement subtotal FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 23,481 24,474 25,505 24,578 24,573 12,838 13,910 14,363 13,910 14,028 82 125 1,029 0 0 0 0 387 0 500 1,019 125 125 250 50 380 99 500 354 0 0 0 0 394 0 500 800 0 0 0 0 387 66 491 393 0 0 0 0 380 264 330 261 271 260 14,726 16,689 15,970 15,868 15,618 1,228 1,228 1,278 1,248 1,241 2,887 2,787 3,187 2,887 2,960 182 182 198 184 179 99 0 99 0 0 272 0 272 272 267 981 981 1,106 1,000 1,081 408 169 257 5,255 412 169 167 4,698 412 169 250 5,694 416 169 270 5,199 409 172 246 5,314 119 119 124 119 120 215 215 251 215 211 159 58 205 219 254 0 464 199 450 99 437 99 430 97 424 838 922 992 963 986 CRS-47 Office or Major Program FY2007 Enacted Safe Schools and Citizenship Education Safe and Drug-Free Schools State 347 Grants Safe Schools and Citizenship, other 383 Safe Schools and Citizenship 730 subtotal English Language Acquisition English Language Acquisition State 669 Grants Special Education 10,783 IDEA, Part B, Grants to Statese Special Education, other 1,020 Special Education subtotal 11,803 Rehabilitation Services and Disability Research Vocational Rehabilitation State 2,837 Grants (mandatory) Rehabilitation Services, other 405 Rehabilitation Services subtotal 3,243 Special Institutions for Persons with Disabilities Special Institutions for Persons 181 With Disabilities Vocational and Adult Education Perkins Career and Technical 1,296 Educationf,g Adult Education 580 Vocational and Adult, other 116 Vocational and Adult Education 1,992 subtotalg Student Financial Aid Pell Grants, maximum award (in 4,310 dollars, non-add) Pell Grants 13,661 Supplemental Educational 771 Opportunity Grants Federal Work-Study 980 Federal Perkins Loans 65 Leveraging Educational Assistance 65 Partnership (LEAP) Student Financial Aid subtotal 15,542 FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 100 347 300 295 224 414 397 399 324 761 697 693 671 775 671 700 10,492 993 11,485 11,342 1,020 12,363 11,240 1,090 12,330 11,042 1,046 12,088 2,874 2,874 2,874 2,874 347 3,221 406 3,280 413 3,287 403 3,277 181 188 192 195 610 1,319 1,294 1,286 580 0 603 116 578 23 567 102 1,190 2,038 1,895 1,955 4,050 4,700 4,310 4,241 13,414 15,583 14,487 14,215 0 771 771 757 980 0 980 65 980 65 980 64 0 65 65 64 14,394 17,465 16,369 16,081 CRS-48 Office or Major Program FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 708 708 708 696 489 648 507 501 22 63 82 120 828 303 202 1,845 868 323 282 2,185 858 313 279 2,040 828 303 269 2,022 234 237 237 233 594 535 590 546 594 366 569 552 Student Aid Administration Student Aid Administration 718 Higher Education Aid for Institutional Development 506 Fund for the Improvement of 22 Postsecondary Education (FIPSE) TRIO Programs 828 GEAR UP 303 292 Higher Education, otherg 1,951 Higher Education subtotalg Howard University Howard University 237 Institute of Education Sciences Institute of Education Sciences 517 Departmental Management Departmental Management 560 h Department of Education, other Department of Education, other 1 TOTALS, DEPARTMENT OF EDUCATION Total Appropriationsi 60,310 1 1 1 1 59,099 64,960 62,982 62,318 Current Year Funding 45,276 44,065 47,956 45,965 45,301 One-Year Advance Funding 15,034 15,034 17,004 17,018 17,017 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Note: Details may not add to totals due to rounding. a. The ESEA total reported in this table for the FY2008 enacted appropriations does not match the ESEA total reported by ED due to the treatment of reductions to prior year advance funding. Reductions to prior year advance funding do not affect funding provided for ESEA in the FY2008 Consolidated Appropriations Act. ED, however, took these deductions from current year funding, rather than from prior year advance funding, which reduces the FY2008 ESEA total based on ED’s calculations to $24.4 billion. In addition, the totals for ESEA reported in this table also do not match the ESEA totals reported by ED for FY2007 enacted, the Senate bill, or FY2008 enacted because the congressional totals appear to have included $2 million for the Academies for American History program under the Fund for the Improvement of Education (ESEA, Title V-D). The Academies for American History program is authorized by the American History and Civics Education Act, not the ESEA. If this funding were excluded from the congressional ESEA totals, FY2007 enacted appropriations would have provided $23,479 million for ESEA, the Senate bill would have provided $24,576 million for ESEA, and the FY2008 enacted appropriations would have provided $24,571 million for ESEA (without accounting for the aforementioned prior year appropriations issue). It appears that neither the request nor the House bill would have provided funding for the Academies for American History program. b. The total reported for Title I, Part A, Grants to LEAs for the FY2008 enacted appropriations does not match the program total reported by ED due to the treatment of reductions to prior year advance funding. Reductions to prior year advance funding do not affect funding provided for this program in the FY2008 Consolidated Appropriations Act. ED, however, took these deductions from current year funding, rather than from prior year advance funding, which reduces the FY2008 program total based on ED’s calculations to $13.9 billion. CRS-49 c. The total reported for Teacher Quality State Grants for the FY2008 enacted appropriations does not match the program total reported by ED due to the treatment of reductions to prior year advance funding. Reductions to prior year advance funding do not affect funding provided for this program in the FY2008 Consolidated Appropriations Act. ED, however, took these deductions from current year funding, rather than from prior year advance funding, which reduces the FY2008 program total based on ED’s calculations to $2.9 billion. d. Funded at $0.2 million in FY2007. e. The total reported for IDEA Part B Grants to States for the FY2008 enacted appropriations does not match the program total reported by ED due to the treatment of reductions to prior year advance funding. Reductions to prior year advance funding do not affect funding provided for this program in the FY2008 Consolidated Appropriations Act. ED, however, took these deductions from current year funding, rather than from prior year advance funding, which reduces the FY2008 program total based on ED’s calculations to $10.9 billion. f. The total reported for Career and Technical Education State Grants for the FY2008 enacted appropriations does not match the program total reported by ED due to the treatment of reductions to prior year advance funding. Reductions to prior year advance funding do not affect funding provided for this program in the FY2008 Consolidated Appropriations Act. ED, however, took these deductions from the succeeding fiscal year funding, rather than from prior year advance funding, which reduces the FY2008 program total based on ED’s calculations by $14 million. g. The Tribally Controlled Postsecondary Career and Technical Institutions program was included under Perkins Career and Technical Education under the FY2008 request and the House bill. The Senate bill and the FY2008 Consolidated Appropriations Act, however, included funding for this program under Higher Education. For comparison purposes, funds for this program that were included in the request and the House bill were moved to the Higher Education account. Thus, the account totals for Vocational and Adult Education and for Higher Education for the request and the House bill will not match the totals included in the joint explanatory statement that accompanied P.L. 110-161. h. Includes two appropriations: College Housing and Academic Facilities Loans, and Historically Black Colleges and Universities Capital Financing program. i. Appropriations totals include discretionary and mandatory funds, and are subject to additional scorekeeping and other adjustments. In addition, due to differences in the treatment of reductions to prior year advance funding in the FY2008 Consolidated Appropriations Act and by ED (see previous discussion), total funding for the Department of Education appropriated for FY2008 according to ED is $60.1 billion. CRS-50 Related Agencies FY2007 discretionary appropriations for L-HHS-ED related agencies were $11.5 billion, as shown in Table 13. For FY2008, the Administration requested $11.3 billion, or $0.2 billion (1.7%) less than the FY2007 amount. The House bill would have provided $11.9 billion for FY2008, and the Senate bill would have provided $12.1 billion. P.L. 110-161 provided $12.0 billion, increasing funding for related agencies by $438 million (3.8%) over FY2007. Table 13. Related Agencies Discretionary Appropriations ($ in billions) Funding Appropriations FY2007 Enacted FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 11.5 11.3 11.9 12.1 12.0 Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded. Mandatory programs for related agencies included in the L-HHS-ED bill are funded at $39.0 billion for FY2008, virtually all of it for the Supplemental Security Income (SSI) program. Key Issues President’s Request. The President’s FY2008 budget for related agencies proposed discretionary spending changes of at least $100 million for the following agencies: ! ! The Corporation for Public Broadcasting (CPB) has been provided with a two-year advance appropriation in recent years. The President’s FY2008 budget did not request FY2010 funds for CPB. The CPB has been funded at $400 million for FY2009 (included in L-HHS-ED funding for FY2007 under the Revised Continuing Appropriations Resolution, P.L. 110-5), and $400 million for FY2008 (enacted in FY2006). The Administration’s request for FY2008 would have increased funding for SSA administrative expenses by $301 million to $9.6 billion, up from $9.3 billion for FY2007. House Bill. For Related Agencies, the House bill differed by at least $100 million from the President’s budget request, as follows. ! The House bill would have provided CPB with advance funding for FY2010 of $420 million. The Administration did not request funds for FY2010. CRS-51 ! The House bill would have increased funding for SSA administrative expenses to $9.7 billion, $100 million more than requested by the Administration, and $401 million more than the amount appropriated for FY2007. Senate Bill. The Senate bill differed from the House bill by at least $100 million for SSA administrative expenses. ! The Senate bill would have increased funding for SSA administrative expenses to $9.9 billion, $175 million more than the House bill and $275 million more than requested. Conference Report (Vetoed). Compared to FY2007 funding, the conference agreement would have changed discretionary spending by at least $100 million for SSA administrative expenses. ! Funding for Social Security Administration (SSA) administrative expenses would have risen by $576 million to $9.9 billion, from $9.3 billion for FY2007. Public Law. Compared to FY2007 funding, P.L. 110-161 changed discretionary spending by at least $100 million for SSA administrative expenses. ! Funding for Social Security Administration (SSA) administrative expenses was increased by $451 million to $9.7 billion, from $9.3 billion for FY2007. CRS Products CRS Report RS22168, The Corporation for Public Broadcasting: Federal Funding Facts and Status, by Glenn J. McLoughlin. CRS Report RL31320, Federal Aid to Libraries in the Museum and Library Services Act of 2003, by Gail McCallion. CRS Report RS22677, Social Security Administration: Administrative Budget Issues, by Kathleen Romig. CRS Report RL33544, Social Security Reform: Current Issues and Legislation, by Dawn Nuschler. Websites Note: Not all of the websites for the related agencies of L-HHS-ED appropriations include FY2008 budget information. Committee for Purchase From People Who Are Blind or Severely Disabled [http://www.jwod.gov/jwod/index.html] CRS-52 Corporation for National and Community Service [http://www.cns.gov] Corporation for Public Broadcasting [http://www.cpb.org] Federal Mediation and Conciliation Service [http://www.fmcs.gov] Federal Mine Safety and Health Review Committee [http://www.fmshrc.gov] Institute of Museum and Library Services [http://www.imls.gov] Medicare Payment Advisory Commission [http://www.medpac.gov] National Commission on Libraries and Information Science [http://www.nclis.gov] National Council on Disability [http://www.ncd.gov] National Labor Relations Board [http://www.nlrb.gov] National Mediation Board [http://www.nmb.gov] Occupational Health and Safety Review Commission [http://www.oshrc.gov] Railroad Retirement Board [http://www.rrb.gov] Social Security Administration [http://www.ssa.gov] [http://www.ssa.gov/budget] CRS-53 Detailed Appropriations Table Table 14 shows the appropriations details for offices and major programs of the L-HHS-ED related agencies. Table 14. Detailed Related Agencies Appropriations ($ in millions) Office or Major Program FY2007 Enacted FY2008 Request Committee for Purchase from People 5 5 Who Are Blind or Severely Disabled Corporation for National and Community Service (CNCS)a FY2008 House FY2008 Senate FY2008 Enacted 5 5 5 CNCS Domestic Volunteer Service Programs (DVSP) Volunteers in Service to America (VISTA) 99 90 95 95 94 National Senior Volunteer Corps 218 204 218 218 214 317 294 313 313 308 DVSP subtotal CNCS National and Community Service Programs (NCSP) National Service Trust 118 123 123 118 123 AmeriCorps Grants 265 256 256 276 257 National Civilian Community Corps 27 12 12 32 24 NCSP, other 83 70 66 66 72 493 459 456 491 475 75 75 74 76 74 885 829 843 881 856 CPB, two-year advance for FY2010 (current request) with FY2009 comparable 400 0 420 420 420 CPB advance for FY2009 with FY2008 comparable (non-add) 400 400 400 400 400 0 0 0 0 0 400 400 400 400 393 0 (50) 0 0 0 CPB Digitalization Program 30 0 30 30 29 CPB Interconnection 35 0 27 27 26 64 0 56 56 55 43 44 44 44 43 Federal Mine Safety and Health Review Committee 8 8 8 8 8 Institute of Museum and Library Services (IMLS) 247 271 265 266 264 NCSP subtotal CNCS, other CNCS subtotal Corporation for Public Broadcasting (CPB) CPB FY2009 rescission (non-add) CPB advance for FY2008 with FY2007 comparable (non-add) CPB FY2008 rescission (non-add) CPB FY2008 subtotal Federal Mediation and Conciliation Service CRS-54 FY2007 Enacted Office or Major Program Medicare Payment Advisory Commission FY2008 Request FY2008 House FY2008 Senate FY2008 Enacted 12 11 11 11 11 National Commission on Libraries and Information Science 1 0 0 0.4 0.4 National Council on Disability 3 3 3 3 3 252 256 257 257 252 National Mediation Board 12 12 13 13 13 Occupational Safety and Health Review Commission 10 11 11 11 11 193 184 184 185 181 20 28 28 28 28 42,931 38,728 38,728 38,729 38,728 2,950 2,983 3,021 3,077 3,019 45,881 41,711 41,749 41,806 41,747 Social Security and Medicare Administrative Expenses 6,345 6,614 6,676 6,795 6,728 Total SSA Administrative Expenses (non-add) 9,296 9,597 9,697 9,872 9,747 92 95 95 96 92 52,339 48,448 48,548 48,725 48,595 Total Appropriationsc 54,474 50,082 50,670 50,886 50,716 Current Year Funding 37,264 35,282 35,450 35,666 35,496 One-Year Advance Funding 16,810 14,800 14,800 14,800 14,800 Two-Year Advance Funding 400 0 420 420 420 National Labor Relations Board Railroad Retirement Board b Social Security Administration (SSA) SSA Payments to Social Security Trust Fund (mandatory) Supplemental Security Income (SSI) (mandatory) SSI Administrative Expenses SSA SSI subtotal SSA Office of Inspector General SSA subtotal TOTALS, RELATED AGENCIES Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to rounding. a. Through FY2005, CNCS AmeriCorps Grants and other programs under the National and Community Service Act were funded in the Veterans Affairs-Housing and Urban Development (VA-HUD) Appropriations Act. All CNCS programs have been funded in L-HHS-ED since FY2006. b. The Social Security trust funds are considered off-budget, but the Supplemental Security Income (SSI) program, SSA administrative expenses, and certain related SSA activities are included under L-HHS-ED related agencies. c. Appropriations totals include discretionary and mandatory spending, and are subject to additional scorekeeping and other adjustments. CRS-55 Appendix A. Terminology and Web Resources The following items include some of the key budget terms used in this report; they are based on CRS Report 98-720, Manual on the Federal Budget Process, by Robert Keith and Allen Schick. The websites provide general information on the federal budget and appropriations. Advance appropriation is budget authority that will become available in a fiscal year beyond the fiscal year for which the appropriations act is enacted; scorekeeping counts the entire amount in the fiscal year it first becomes available for obligation. Appropriation is budget authority that permits federal agencies to incur obligations and to make payments out of the Treasury for specified purposes. Appropriations represent the amounts that agencies may obligate during the period of time specified in the law. Annual appropriations are provided in appropriations acts; most permanent appropriations are provided in substantive law. Major types of appropriations are regular, supplemental, and continuing. Budget authority is legal authority to incur financial obligations that normally result in the outlay of federal government funds. Major types of budget authority are appropriations, borrowing authority, and contract authority. Budget authority also includes the subsidy cost to the federal government of direct loans and loan guarantees, estimated on a net present value basis. Budget resolution is a concurrent resolution passed by both chambers of Congress, but not requiring the signature of the President, setting forth the congressional budget for at least five fiscal years. It includes various budget totals and functional allocations. Discretionary spending is budget authority provided in annual appropriations acts, other than appropriated entitlements. Entitlement authority is the authority to make payments to persons, businesses, or governments that meet the eligibility criteria established by law; as such, it represents a legally binding obligation on the part of the federal government. Entitlement authority may be funded by either annual or permanent appropriations acts. Forward funding is budget authority that becomes available after the beginning of the fiscal year for which the appropriation is enacted and remains available into the next fiscal year; the entire amount is counted or scored in the fiscal year in which it first becomes available. Mandatory (direct) spending includes (a) budget authority provided in laws other than appropriations; (b) entitlement authority; and (c) the Food Stamp program. Rescission is the cancellation of budget authority previously enacted. Scorekeeping is a set of procedures for tracking and reporting on the status of congressional budgetary actions. CRS-56 Supplemental appropriation is budget authority provided in an appropriations act that provides funds that are in addition to regular appropriations. Websites General information on budget and appropriations may be found at these websites. Specific L-HHS-ED agency sites are listed in relevant sections of this report. House Committees [http://appropriations.house.gov/] [http://republicans.appropriations.house.gov/] [http://budget.house.gov/] [http://budget.house.gov/republicans/] Senate Committees [http://appropriations.senate.gov/] [http://budget.senate.gov/democratic/] [http://budget.senate.gov/republican/] Congressional Budget Office (CBO) [http://www.cbo.gov/] Congressional Research Service (CRS) [http://apps.crs.gov/cli/level_2.aspx?PRDS_CLI_ITEM_ID=73] Government Accountability Office (GAO) [http://www.gao.gov/] Government Printing Office (GPO) [http://www.gpoaccess.gov/usbudget/] Office of Management and Budget (OMB) [http://www.whitehouse.gov/omb/budget/index.html] [http://www.whitehouse.gov/omb/legislative/sap/index.html]