Labor, Health and Human Services, and Education: FY2006 Appropriations

CRS Report for Congress
Labor, Health and Human Services,
and Education: FY2006 Appropriations
Updated February 22, 2006
Paul M. Irwin
Specialist in Social Legislation
Domestic Social Policy Division


Congressional Research Service ˜ The Library of Congress

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, and 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://beta.crs.gov/cli/cli.aspx?P RDS_CLI _ITEM _ID=2349].



Labor, Health and Human Services, and Education:
FY2006 Appropriations
Summary
This report tracks FY2006 appropriations for the Departments of Labor, Health
and Human Services, and 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 be updated, summarizes L-HHS-ED
discretionary funding issues but not authorization or entitlement issues.
On February 7, 2005, the President submitted the FY2006 budget request to
Congress, including $141.7 billion in discretionary L-HHS-ED funds; the comparable
FY2005 appropriation was $143.5 billion, enacted primarily through P.L. 108-447.
Congress reached agreement on H.R. 3010 (H.Rept. 109-337), providing $143.0
billion of discretionary L-HHS-ED funds, prior to a 1% rescission required by P.L.

109-148. H.R. 3010 was signed into law on December 30, 2005, as P.L. 109-149.


A series of three continuing resolutions, beginning with P.L. 109-77 (H.J.Res. 68),
provided temporary FY2006 funding from October 1 through December 30, 2005.
Department of Labor (DOL). DOL discretionary appropriations were $12.1
billion in FY2005; $11.6 billion was provided for FY2006. FY2006 funding for
Workforce Investment Act (WIA) programs was decreased by $225 million.
Department of Health and Human Services (HHS). HHS discretionary
appropriations were $63.8 billion in FY2005; $63.4 billion was provided for
FY2006. Funding was increased by $155 million for Community Health Centers,
$252 million for the National Institutes of Health (NIH), and $506 million for the
Centers for Medicare and Medicaid Services (CMS) Program Management. Initial
funding of $500 million was provided for Bioterrorism Hospital Grants and $1.6
billion for the Centers for Disease Control and Prevention (CDC) Terrorism
Preparedness and Response (TPAR). Funding was decreased by $153 million for
Health Professions other than nursing, $219 million for CDC activities other than
TPAR, and $2.3 billion for the Public Health and Social Services Emergency Fund.
Funding was eliminated for Health Care-Related Facilities and Activities, which
received $483 million in FY2005.
Department of Education (ED). ED discretionary appropriations were $56.6
billion in FY2005; $56.5 billion was provided for FY2006. Funding was increased
by $812 million for Pell Grants. Funding was decreased by $780 million for
Elementary and Secondary Education Act (ESEA) programs in aggregate, $197
million for Comprehensive School Reform, $221 million for Educational Technology
State Grants, and $254 million for the Fund for the Improvement of Education (FIE).
The estimated $4.3 billion Pell Grant shortfall was paid off.
Related Agencies. Discretionary appropriations for related agencies were $11.1
billion in FY2005; $11.5 billion was provided for FY2006. For the related agencies,
Supplemental Security Income (SSI) discretionary activities received $254 million
less than in FY2005, and Social Security Administration (SSA) Administrative
Expenses received $723 million more.



Area of ExpertiseNameTelephone
CoordinatorPaul M. Irwin7-7573
Department of Labor
Job training and employment servicesAnn Lordeman7-2323
Labor market informationLinda Levine7-7756
Labor standards enforcementWilliam G. Whittaker7-7759
Mine Safety and Health AdministrationEdward B. Rappaport7-7740
Occupational Safety and Health AdministrationEdward B. Rappaport7-7740
Older Americans Act, employment programsCarol V. OShaughnessy7-7329
Pension and welfare benefitsPaul J. Graney7-2290
Trade adjustment assistancePaul J. Graney7-2290
Unemployment compensationJulie Whittaker7-2587
Veterans employmentPaul J. Graney7-2290
Welfare-to-WorkGene Falk7-7344
Workforce Investment ActAnn Lordeman7-2323
Department of Health and Human Services
Abortion, legal issuesKaren J. Lewis7-6190
Abortion, legal issuesJon Shimabukuro7-7990
Abortion proceduresJudith A. Johnson7-7077
AIDS, Ryan White programsJudith A. Johnson7-7077
Bioterrorism, HHS fundingSarah Lister7-7320
Bioterrorism, HHS fundingPamela W. Smith7-7048
Cancer researchJudith A. Johnson7-7077
Centers for Disease Control and PreventionPamela W. Smith7-7048
Child care and developmentMelinda Gish7-4618
Child welfareEmilie Stoltzfus7-2324
Child welfareKaren Spar7-7319
Family Planning, Title XAngela Napili7-0135
Federal health centersBarbara English7-1927
Head StartMelinda Gish7-4618
Health professions education and trainingBernice Reyes-Akinbileje7-2260
Health Resources and Services AdministrationJanet Kinzer7-7561
ImmunizationPamela W. Smith7-7048
Low-Income Home Energy Assistance ProgramLibby Perl7-7806
Maternal and Child Health Block GrantAngela Napili7-0135
MedicaidElicia Herz7-1377
MedicareJennifer O’Sullivan7-7359
Needle exchange, AIDSJudith A. Johnson7-7077
NIH, health research policyPamela W. Smith7-7048
NIH, health research policyJudith A. Johnson7-7077
Older Americans ActCarol V. OShaughnessy7-7329
Public Health ServiceJanet Kinzer7-7561
Refugee Resettlement AssistanceAndorra Bruno7-7865
Social Services Block GrantMelinda Gish7-4618



Area of ExpertiseNameTelephone
State Childrens Health Insurance Program (SCHIP)Evelyne Baumrucker7-8913
Stem cell research, cloningJudith A. Johnson7-7077
Stem cell research, cloningErin D. Williams7-4897
Substance Abuse and Mental Health ServicesC. Stephen Redhead7-2261
Welfare reformGene Falk7-7344
Department of Education
Adult education and literacyPaul M. Irwin7-7573
After-school programsGail McCallion7-7758
Assessment in educationWayne C. Riddle7-7382
Charter schoolsDavid Smole7-0624
Education block grantsRebecca R. Skinner7-6600
Education for the Disadvantaged, Title IWayne C. Riddle7-7382
Education technologyCharmaine Mercer7-4894
English language acquisitionJeffrey J. Kuenzi7-8645
Higher educationAdam Stoll7-4375
Impact AidRebecca R. Skinner7-6600
Indian educationRoger Walke7-8641
Pell GrantsCharmaine Mercer7-4894
Reading programsGail McCallion7-7758
Rehabilitation ActScott Szymendera7-0014
Safe and Drug-Free Schools and CommunitiesEdith Fairman Cooper7-7019
School facilitiesSusan Boren7-6899
Special education, IDEARichard N. Apling7-7352
Special education, IDEA, legal issuesNancy Lee Jones7-6976
Student aidAdam Stoll7-4375
Student aidCharmaine Mercer7-4894
Student loansAdam Stoll7-4375
Teacher recruitment, preparation, and trainingJeffrey J. Kuenzi7-8645
21st Century Community Learning CentersGail McCallion7-7758
Vocational and technical educationRebecca R. Skinner7-6600
Related Agencies
Corporation for National and Community ServiceAnn Lordeman7-2323
(VISTA, Senior Corps, AmeriCorps)
Corporation for Public BroadcastingGlenn J. McLoughlin7-7073
Institute of Museum and Library Services, librariesGail McCallion7-7758
Institute of Museum and Library Services, museumsSusan Boren7-6899
National Labor Relations BoardGerald Mayer7-7815
National Labor Relations Board, legal issuesJon Shimabukuro7-7990
Railroad Retirement BoardKathleen Romig7-3742
Social Security AdministrationDawn Nuschler7-6283
Supplemental Security IncomeScott Szymendera7-0014



Contents
Most Recent Developments..........................................1
P.L. 109-149 (H.R. 3010) Enacted.............................1
Senate Bill H.R. 3010 Passed................................1
House Bill H.R. 3010 Passed.................................1
President’s Budget Submitted................................1
Note on Most Recent Data...................................2
Overview and Key Issues............................................3
Program Level and Current Year Appropriations.....................3
President’s Request............................................5
House Bill...................................................6
Senate Bill...................................................8
Public Law...................................................9
“Across-the-Board” Rescission for FY2006........................12
Earmarks for Specific Projects...................................12
302(a) and 302(b) Allocation Ceilings.............................13
Advance Appropriations.......................................14
Major Funding Trends.........................................15
Department of Labor..............................................17
Key Issues..................................................17
President’s Request.......................................17
House Bill..............................................17
Senate Bill..............................................18
Public Law..............................................18
CRS Products................................................18
Websites ....................................................19
Detailed Appropriations Table...................................19
Department of Health and Human Services.............................22
Key Issues..................................................22
President’s Request.......................................22
House Bill..............................................23
Senate Bill..............................................24
Public Law..............................................25
Abortion: Funding Restrictions..............................25
Embryonic Stem Cell Research: Funding Restrictions............26
CRS Products................................................26
Websites ....................................................27
Detailed Appropriations Table...................................27
Department of Education...........................................30
Key Issues..................................................30
President’s Request.......................................30
House Bill..............................................32
Senate Bill..............................................33
Public Law..............................................33
ESEA Funding Shortfall?..................................34



Pell Grants..............................................35
Forward Funding and Advance Appropriations..................35
CRS Products................................................36
Websites ....................................................37
Detailed Appropriations Table...................................37
Related Agencies.................................................40
Key Issues..................................................40
President’s Request.......................................40
House Bill..............................................41
Senate Bill..............................................41
Public Law..............................................41
CRS Products................................................41
Websites ....................................................42
Detailed Appropriations Table...................................43
Related Legislation...............................................45
FY2006 Continuing Resolution, P.L. 109-77 (H.J.Res. 68)............45
FY2006 Supplemental Appropriations, P.L. 109-148 (H.R. 2863).......46
FY2006 Budget Resolution, H.Con.Res. 95/S.Con.Res. 18............47
FY2005 Omnibus Appropriations, P.L. 108-447 (H.R. 4818)..........48
“Across-the-Board” Reductions for FY2005....................49
FY2005 Supplemental Appropriations, P.L. 109-13 (H.R. 1268)........49
Appendix A: Terminology and Web Resources.........................51
Websites ....................................................52
Appendix B: Context of L-HHS-ED Appropriations.....................53
List of Tables
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2006..........1
Table 2. Summary of L-HHS-ED Appropriations, FY2005-FY2006..........4
Table 3. Summary of Estimated L-HHS-ED Earmarks
for Selected Years, FY1996-FY2006..............................13
Table 4. FY2006 302(b) Discretionary Allocations for L-HHS-ED..........14
Table 5. L-HHS-ED Discretionary Funding Trends, FY2001-FY2005.......16
Table 6. Department of Labor Discretionary Appropriations...............17
Table 7. Detailed Department of Labor Appropriations...................20
Table 8. Department of Health and Human Services
Discretionary Appropriations....................................22
Table 9. Detailed Department of Health and Human Services
Appropriations ...............................................28
Table 10. Department of Education Discretionary Appropriations..........30
Table 11. Detailed Department of Education Appropriations..............38
Table 12. Related Agencies Discretionary Appropriations.................40
Table 13. Detailed Related Agencies Appropriations.....................43
Table 14. Budget Authority Assumed in the FY2006 Budget Resolution.....48
Table B.1. Context of the L-HHS-ED Bill, FY2005.....................53



Labor, Health and Human Services, and
Education: FY2006 Appropriations
Most Recent Developments
P.L. 109-149 (H.R. 3010) Enacted. On December 30, 2005, following a
series of three continuing resolutions, H.R. 3010 (H.Rept. 109-337), the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies (L-HHS-ED) Appropriations Act, 2006, was signed into law, as P.L. 109-
149. Prior to a 1% rescission for most discretionary activities (see page 12), the act
provides $143.0 billion in discretionary appropriations; the comparable FY2005
amount was $143.5 billion.
Senate Bill H.R. 3010 Passed. On October 27, 2005, the Senate amended
and passed H.R. 3010 (S.Rept. 109-103). The bill would have provided $153.7
billion in discretionary funds for L-HHS-ED programs.
House Bill H.R. 3010 Passed. On June 24, 2005, the House amended and
passed H.R. 3010 (H.Rept. 109-143), its version of the FY2005 bill, which would
have provided $143.0 billion in discretionary funds for L-HHS-ED programs.
President’s Budget Submitted. On February 7, 2005, the President
submitted the FY2006 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 FY2006 L-HHS-ED appropriations.
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2006
Subco mmit t ee H.R. Conference
MarkupH.R.H.R.H.R.H.R.3010Report ApprovalPublic
3010, 3010, 3010, 3010, Co nf., La w
H.Rept . House S.Rept . Sena t e H.Rept . P.L.House Sena t e
109-143 Passage 109-103 Passage 109-337 109-149House Senate Passage Passage
6/09/057/12/056/21/05 6/24/05250-151 7/14/0510/27/0593-412/13/0512/14/05215-21312/21/0512/30/05
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j )
a. The House Subcommittee on Labor, Health and Human Services, and Education Appropriations
began FY2006 hearings on Feb. 16, 2005. The subcommittee marked up its version of the
FY2006 L-HHS-ED appropriations on June 9, 2005, and approved it by voice vote.
b. The Senate Subcommittee on Labor, Health and Human Services, and Education Appropriations
began FY2006 hearings on Mar. 2, 2005. The subcommittee marked up its version of the
FY2006 L-HHS-ED appropriations on July 12, 2005, and approved it by voice vote.



c. H.R. 3010: The House Committee on Appropriations approved its version of the L-HHS-ED
appropriations for FY2006 on June 16, 2005, by voice vote, and ordered the bill reported.
Subsequently, H.R. 3010 (H.Rept. 109-143) was introduced and reported on June 21, 2005.
d. H.R. 3010: The House passed H.Res. 337 (H.Rept. 109-148), the rule for the House floor
consideration of H.R. 3010, by voice vote; see Congressional Record, Daily Edition, June 23,
2005, p. H4991-5000. The House amended and passed H.R. 3010 on June 24, 2005; see
Congressional Record, Daily Edition, June 23, p. H5000-5073; and June 24, 2005, p. H5105-
5165. House approval was by a vote of 250 to 151 (Roll Call no. 321), p. H5164-5165.
e. H.R. 3010: The Senate Committee on Appropriations approved its version of the L-HHS-ED
appropriations for FY2006 on July 14, 2005, S.Rept. 109-103, and reported the bill by a vote
of 27 to 0.
f. H.R. 3010: The Senate amended and passed H.R. 3010 on Oct. 27, 2005; see the Congressional
Record, Daily Edition, Oct. 21, p. S11702-11731; Oct. 24, p. S11753-11762; Oct. 25, p.
S11784-11815; Oct. 26, p. S11857-11910; and Oct. 27, 2005, p. S11953-11999. Senate
approval was by a vote of 93-4 (Roll Call no. 281), p. S11998.
g. H.R. 3010: Two conference reports to H.R. 3010 were filed. The first conference report, H.Rept.
109-300 (Nov. 16, 2005), failed to pass the House on Nov. 17, 2005, by a vote of 209 to 224
(Roll Call no. 598). For the text of first report, see the Congressional Record, Daily Edition,
Nov. 16, 2005, p. H10383-10476; for House consideration, see the Congressional Record, Daily
Edition, Nov. 17, 2005, p. H10518-10531, with the vote on p. H10529-10530. The second
conference report, H.Rept. 109-337 (Dec. 13, 2005), was passed by the House and Senate and
signed into law. The text of the second report was printed in the Congressional Record, Daily
Edition, Dec. 13, 2005, p. H11348-11441.
h. H.R. 3010: The House approved the second conference agreement on H.R. 3010 (H.Rept. 109-
337); see the Congressional Record, Daily Edition, Dec. 14, 2005, p. H. 11544-11552. House
approval was by a vote of 215 to 213 (Roll Call no. 628), p. H11552.
i. H.R. 3010: The Senate approved the second conference agreement on H.R. 3010 (H.Rept. 109-
337); see the Congressional Record, Daily Edition, Dec. 15, 2005, p. S13600-13608, and Dec.
21, 2005, p. S14281-14289. The Senate agreed to the conference report by unanimous consent.
j. P.L. 109-149: On Dec. 30, 2005, the President signed H.R. 3010 into law, as P.L. 109-149. Three
FY2006 continuing resolutions, beginning with P.L. 109-77, provided temporary funding for
most discretionary L-HHS-ED activities during the period Oct. 1 through Dec. 30, 2005.
Note on Most Recent Data. In this report, unless stated otherwise, data on
FY2005 appropriations and FY2006 appropriations proposals are based on the H.R.
3010 conference agreement (H.Rept. 109-337, December 13, 2005), which was
subsequently signed into law as P.L. 109-149 on December 30, 2005. The FY2006
amounts are pre-rescission and do not take into account the 1% cut of most FY2006
discretionary amounts required by P.L. 109-148 (see page 12). Likewise, the FY2006
amounts exclude the supplemental funding for 2005 hurricane relief and for
pandemic influenza preparedness enacted through P.L. 109-148 (see page 46). The
FY2005 enacted amounts are post-reduction, taking into account the cuts (see page
49) required by P.L. 108-447, the Consolidated Appropriations Act, 2005 — these
amounts differ from those shown in the H.R. 4818 conference report for FY2005,
H.Rept. 108-792, which are pre-reduction amounts. 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, budget data refer only to
those programs within the purview of the L-HHS-ED appropriations bill, and not to
all programs within the jurisdiction of the relevant departments and agencies,
including funding from other appropriations bills and entitlements funded outside of
the annual appropriations process.



Overview and Key Issues
This report describes the President’s proposal for FY2006 appropriations for
L-HHS-ED programs, as submitted to Congress on February 7, 2005, and the
congressional response to that proposal. It compares the President’s FY2006 request
to the FY2005 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. In addition, the report summarizes activities related to the
annual budget process, such as the congressional budget resolution, continuing
resolutions, and supplemental appropriations (see “Related Legislation,” page 45).
However, the report does not follow specific funding issues related to mandatory
L-HHS-ED programs — such as Medicare or Social Security — nor will 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,” page 51. For funding
resources for L-HHS-ED agencies, see “Appendix B: Context of L-HHS-ED
Appropriations,” page 53.
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, stem cell research, or
human cloning. This bill provides discretionary funds for three federal departments
and 14 related agencies including the Social Security Administration (SSA).
Among the various appropriations bills, L-HHS-ED is the largest single source
of discretionary funds for domestic federal programs; the Defense bill is the largest
source of discretionary funds among all federal programs. According to the Budget
of the United States Government Fiscal Year 2006, Table S-4, the FY2005
L-HHS-ED bill accounted for $142.4 billion (17.3%) and the Defense bill accounted
for $390.4 billion (47.5%) of the estimated $822.7 billion total for all federal
discretionary budget authority in FY2005. This section summarizes major funding
changes proposed for L-HHS-ED and related issues such as 302(b) allocations,
advance appropriations, and earmarks for specific projects. Later sections provide
details for individual L-HHS-ED departments.
Program Level and Current Year Appropriations
Table 2 summarizes the L-HHS-ED appropriations for FY2006, including both
discretionary and mandatory appropriations. The table shows various aggregate
measures of L-HHS-ED appropriations enacted for FY2005 and proposed for
FY2006, including discretionary program level, current year, and advance
appropriations, as well as scorekeeping adjustments.
!Program level 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 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. Current year
discretionary appropriations are similar to the amount counted for
the 302(b) allocations ceilings (discussed later, page 13).
!Advance appropriations are funds that will not become available
until after the fiscal year for which the appropriations are enacted —
for example, funds included in the FY2005 act that cannot be spent
before FY2006 at the earliest (discussed later, page 14).
!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. Table 2 shows each of these amounts, along with
current year funding for mandatory programs and the grand total for L-HHS-ED.
Table 2. Summary of L-HHS-ED Appropriations, FY2005-FY2006
($ in billions)
FY2005 FY2006 FY2006 FY2006 FY2006
Type of budget authorityenactedrequestHouseSenateconf.
Discretionary appropriations
Program level: current bill for$143.5$141.7$143.0$153.7$143.0
any year
Current year: current year142.7141.7142.5141.5142.5
from any bill
Advances for future years19.318.819.319.319.3
(from the current bill)
Advances from prior years19.219.319.319.319.3
(from previous bills)
Scorekeeping adjustments-0.7-0.5-0.5-12.2-0.5
Current year discretionary and mandatory funding
Discretio nary 142.7 141.7 142.5 141.5 142.5
Mand atory 354.2 455.3 459.5 459.6 459.5
Total current year496.9597.0602.0601.1602.0
Grand total of funding for L-HHS-ED bill, any year
Grand total any year$501.3$596.1$601.6$612.4$601.6
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut for most discretionary programs that is required by P.L.
109-148 (see p. 12). FY2005 amounts are post-reduction (see p. 49) and are based on P.L. 108-447.
Appropriations are given only for programs included in the annual L-HHS-ED bill.
Note: Both FY2005 and FY2006 mandatory amounts are estimates that are subject to adjustments
after the close of their respective fiscal years.



President’s Request
On February 7, 2005, the President’s FY2006 request was submitted to
Congress, two months after the regular FY2005 L-HHS-ED appropriations were
signed into law as P.L. 108-447 (enacted December 8, 2004). With regard to the
President’s budget, the primary issues raised during congressional consideration of
any appropriations request generally relate to proposed funding changes. The
summary below notes changes proposed for FY2006 discretionary budget authority
of at least $100 million compared to the FY2005 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 discussions of budgets for individual departments include tables to
compare the FY2006 request with the FY2005 funding for many of the major
programs in the L-HHS-ED bill.
Budget Highlights. Overall, $141.7 billion in discretionary appropriations
was requested for L-HHS-ED for FY2006, $1.8 billion (1.3%) less than the FY2005
amount of $143.5 billion.
!For the Department of Labor (DOL), the FY2006 request included
a decrease of $276 million for job training programs authorized by
the Workforce Investment Act of 1998 (WIA), including $132
million less for WIA Dislocated Worker Assistance. A decrease of
$116 million was proposed for the Employment Service. Overall,
$11.6 billion in FY2006 discretionary appropriations was requested
for DOL, 4.1% less than the FY2005 amount of $12.1 billion.
!For the Department of Health and Human Services (HHS), the
FY2006 request proposed increases of $304 million for Community
Health Centers, $145 million for the National Institutes of Health
(NIH), $512 million for the Centers for Medicare and Medicaid
Services (CMS) Program Management, and $171 million for the
Public Health and Social Services Emergency Fund (PHSSEF). The
FY2006 request proposed decreases of $288 million for Health
Professions programs other than nursing, $101 million for
Children’s Hospital Graduate Medical Education (CHGME), $470
million for the Centers for Disease Control and Prevention (CDC),
and $182 million for the Low-Income Home Energy Assistance
Program (LIHEAP). FY2006 funding would have been eliminated
for the $483 million Health Care-Related Facilities and Activities
and the $637 million Community Services Block Grant (CSBG)
programs. Overall, $62.7 billion in FY2006 discretionary
appropriations was requested for HHS, 1.7% less than the FY2005
amount of $63.8 billion.
!For the Department of Education (ED), an FY2006 increase of $974
million was proposed for Elementary and Secondary Education Act
of 1965 (ESEA) programs in aggregate. The request proposed
increases of $602 million for ESEA Title I, Part A Grants to Local
Educational Agencies (LEAs) for the Education for the
Disadvantaged, $508 million for Special Education Part B Grants to



States under the Individuals with Disabilities Education Act (IDEA),
$834 million for Pell Grants, and $175 million for Striving Readers.
Proposed new programs included $1.2 billion for a High School
Intervention initiative, $250 million for High School Assessments,
and $500 million for a Teacher Incentive Fund. Proposed decreases
included $258 million less for the Fund for the Improvement of
Education (FIE), $369 million for Adult Education, $140 million for
the Fund for the Improvement of Postsecondary Education (FIPSE),
and $468 million for TRIO programs. FY2006 funding would have
been terminated for the $1.3 billion Perkins Vocational Education
program, the $225 million Even Start program, the $205 million
Comprehensive School Reform, the $496 million Educational
Technology State Grants, the $437 million Safe and Drug-Free
Schools State Grants, and the $306 million GEAR UP program.
Overall, $56.2 billion in FY2006 discretionary appropriations was
requested for ED, 0.7% less than the FY2005 amount of $56.6
billion.
!For the related agencies, the FY2006 budget proposed an increase of
$748 million for Administrative Expenses at the Social Security
Administration (SSA). Termination of separate funding was
proposed for the $446 million SSA Medicare Reform Fund, with
continuing SSA responsibilities to be funded under regular SSA
Administrative Expenses. No funds were proposed for the two-year
advance appropriation for the Corporation for Public Broadcasting
(CPB) for FY2008. The CPB was funded at $400 million for
FY2007 (under the FY2005 L-HHS-ED bill); the FY2005 CPB
funding level was $387 million. Overall, $11.2 billion in FY2006
discretionary appropriations was requested for related agencies,

1.0% more than the FY2005 amount of $11.1 billion.


House Bill
The House Committee on Appropriations reported its version of the FY2006
L-HHS-ED appropriations as H.R. 3010 (H.Rept. 109-143) on June 21, 2005.
Under the provisions of H.Res. 337, the House began consideration of the bill on
June 23, and amended and passed the bill on June 24, 2005, by a vote of 250 to 151
(Roll Call no. 321). With some reservation, the Administration announced its
support for the House bill, as approved by the committee; for details, please see
[ http://www.whitehouse.gov/omb/legi slative/sap/109-1/hr3010sap-h.pdf] .
House Highlights. During its consideration of H.R. 3010, as reported by the
House Committee on Appropriations, the House approved 11 amendments to the bill.
The amended provisions included restrictions on HHS regarding certain health-
related programs being used to treat sexual or erectile dysfunction among sex
offenders (§518); repeal of a proposed $100 million rescission of FY2006
appropriations for the CPB (§519); prohibition on ED from enforcing the Inspector
General’s November 2003 final audit report regarding 20 Arizona charter schools
(§520); restrictions on the Pension Benefit Guaranty Corporation (PBGC) regarding
its role in the restructuring of pension benefits by the UAL Corporation (United Air
Lines) (§521); a prohibition on the inclusion of Social Security numbers on Medicare



identification cards (§522); restrictions on SSA regarding the implementation of a
totalization agreement with Mexico (§528); and restrictions on ED regarding special
allowances for certain student loans (§529).
Overall, the House proposal, as passed, would have provided program level
discretionary appropriations of $143.0 billion for L-HHS-ED programs for FY2006.
The President requested $141.7 billion; the FY2005 amount was $143.5 billion. The
House bill differed from the President’s request in a number of details.
!For DOL, the House bill would have funded the WIA Dislocated
Worker Assistance State Grants at $1.2 billion, $118 million more
than requested. The WIA Community College program would have
received $125 million, $125 million less than requested. Overall,
the House bill would have provided $11.7 billion in discretionary
funds for DOL; $11.6 billion was requested; and $12.1 billion was
provided for FY2005.
!For HHS, the House bill would have funded Community Health
Centers at $1.8 billion, $204 million less than requested. Children’s
Hospital Graduate Medical Education (CHGME) would have
received $300 million, $100 million more than requested. The
Agency for Healthcare Research and Quality (AHRQ) would have
received a direct appropriation of $319 million; the request was for
$319 million in indirect appropriations. Community Services Block
Grant (CSBG) would have received $320 million; no funds were
requested. The Public Health and Social Services Emergency Fund
(PHSSEF) would have received $184 million, $2.2 billion less than
the request of $2.4 billion; however, the House bill would have
directly appropriated $2.1 billion for bioterrorism activities to the
Health Resources and Services Administration (HRSA) ($0.5
billion) and the CDC ($1.6 billion), funding that in previous years
would have been appropriated indirectly through the PHSSEF for the
same activities. Overall, the House bill would have provided $63.2
billion in discretionary funds for HHS; $62.7 billion was requested;
and $63.8 billion was provided for FY2005.
!For ED, the House bill would have funded ESEA programs in
aggregate at $23.6 billion for FY2006, $1.8 billion less than
requested. ESEA Title I, Part A Grants to LEAs would have
received $12.8 billion, $502 million less than requested. Even Start
would have received $200 million; no funds were requested.
Striving Readers would have received $30 million, $170 million less
than requested. The High School Intervention initiative would not
have been funded; $1.2 billion was requested. Educational
Technology State Grants would have been funded at $300 million;
no funds were requested. The High School Assessments initiative
would not have been funded; $250 million was requested. FIE
would have received $27 million, $129 million less than requested.
Safe and Drug-Free Schools State Grants would have received $400
million; no funds were requested. The Special Education Part B
Grants to States program under IDEA would have received $10.7
billion, $358 million less than requested. The Perkins Vocational
Education program would have received $1.3 billion; no funds were



requested. Adult Education would have received $585 million, $369
million more than requested. Pell Grants would have received $13.4
billion, $184 million more than requested. The Pell Grants
accumulated shortfall from prior year awards, currently estimated at
$4.3 billion, would have been paid off, pursuant to the FY2006
congressional budget resolution. The House bill would not have
agreed to the budget proposal to unify student aid administrative
activities in a single account. TRIO programs would have received
$837 million; $468 million more than requested. GEAR UP would
have received $306 million; no funds were requested. Overall, the
House bill would have provided $56.7 billion in discretionary funds
for ED; $56.2 billion was requested; and $56.6 billion was provided
for FY2005.
!For the related agencies, the House bill would have provided $6.4
billion for SSA Administrative Expenses, $108 million less than
requested. The bill would have provided $400 million for the CPB
for an advance appropriation for FY2008; no funds were requested.
As reported, the House bill would have rescinded $100 million of
FY2006 CPB funds (from $400 million previously appropriated for
FY2006); a rescission of $10 million was requested. However, as
passed, the House bill would not have rescinded any FY2006 CPB
funds. Overall, the House bill would have provided $11.5 billion in
discretionary funds for the related agencies; $11.2 billion was
requested; and $11.1 billion was provided for FY2005.
Senate Bill
The Senate Committee on Appropriations reported its version of the FY2006
L-HHS-ED appropriations as H.R. 3010 (S.Rept. 109-103) on July 14, 2005, by a
vote of 27 to 0. The Senate began consideration of the bill on October 21, 2005, and
amended and passed the bill on October 27, 2005, by a vote of 94 to 3 (Roll Call no.

281).


Senate Highlights. The Senate version of H.R. 3010, as passed, would have
provided program level discretionary appropriations of $153.7 billion for L-HHS-ED
programs for FY2006. The comparable House amount was $143.0 billion, and the
President requested $141.7 billion. The FY2005 comparable amount was $143.5
billion. The Senate bill differed from the House bill in a number of details regarding
discretionary appropriations.
!For DOL, the Senate bill would have funded WIA programs in
aggregate at a level $122 million more than the House amount.
Overall, the bill would have provided $11.9 billion in discretionary
appropriations for DOL programs, $0.2 billion more than the House
and $0.3 billion more than the request, but $0.2 billion less than in
FY2005.
!For HHS, the Senate bill would have provided $251 million more
than the House bill for Health Professions other than nursing, $481
million more for Health Care-Related Facilities and Activities, $908
million more for NIH, $176 million more for LIHEAP, and $317



million more for the CSBG. Overall, the bill would have provided
$65.4 billion in discretionary appropriations for HHS programs, $2.2
billion more than the House, $2.7 billion more than the request, and
$1.6 billion more than in FY2005.
!For ED, the Senate bill would have provided $125 million more for
Educational Technology State Grants, $391 million more for FIE,
and $113 million more for FIPSE. The bill would have provided
$100 million less for Safe and Drug-Free Schools State Grants and
$206 million less for Pell Grants. It would have eliminated funding
for Even Start ($200 million in the House bill) and the Teacher
Incentive Fund initiative ($100 million in the House bill). Overall,
the bill would have provided $56.7 billion in discretionary
appropriations for ED programs, the same as the House, but $0.5
billion more than the request and $0.1 billion more than in FY2005.
!For the related agencies, the Senate bill would have provided $187
million less than the House bill for Supplemental Security Income
(SSI) discretionary activities and $236 million more for SSA
Administrative Expenses. Overall, the bill would have provided
$11.7 billion in discretionary appropriations for related agencies,
$0.2 billion more than the House, $0.5 billion more than the request,
and $0.6 billion more than in FY2005.
Public Law
H.R. 3010, the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2006, was signed into law on
December 30, 2005, as P.L. 109-149. The first conference report on H.R. 3010,
H.Rept. 109-300 (November 16, 2005), failed to pass the House on November 17,
2005, by a vote of 209 to 224 (Roll Call no. 598). A second conference agreement
provided somewhat more funding for Community Health Centers, Health
Professions, and Head Start by reducing PHSSEF funds to provide an offset. The
second conference agreement on H.R. 3010, H.Rept. 109-337 (December 13, 2005),
passed the House on December 14, 2005, by a vote of 215 to 213 (Roll Call no. 628).
The bill was approved by the Senate on December 21, by unanimous consent, but
was considered adopted by the Senate on December 22, 2005, when the House
agreed to S.Con.Res. 74 concerning the enrollment of H.R. 2863, the Department
of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006; H.R. 2863 was signed into law
on December 30, 2005, as P.L. 109-148 (see “Related Legislation,” page 45.) P.L.
109-148 also required a 1% cut of most FY2006 discretionary amounts enacted
through P.L. 109-149 (see page 12).
FY2006 Funding Highlights. As shown in Table 2, the FY2006 L-HHS-ED
discretionary funding total was $143.0 billion, as enacted through P.L. 108-149,
compared to $143.5 billion in FY2005. Even prior to the P.L. 109-148 rescission,
FY2006 discretionary funding was reduced for each of the major departments —
DOL, HHS, and ED — compared to FY2005 amounts. At the same time, it may be
noted that mandatory L-HHS-ED spending was estimated to increase by more than
$100 billion between FY2005 and FY2006. Compared to FY2005 funding levels,
the FY2006 discretionary amounts were increased or decreased by at least $100



million for the following programs, prior to the application of the 1% rescission.
Additional details and funding amounts are provided in separate agency summaries.
!For DOL, the WIA program in aggregate received $225 million less
than in FY2005. Program level funding for the WIA Community
College program was $124 million less than in FY2005; in addition,
$125 million was rescinded from FY2005 funding for this program.
Unemployment Compensation received $140 million less than in
FY2005. Overall, DOL received $11.6 billion in discretionary
funding, $0.5 billion less than in FY2005.
!For HHS, funding was increased by $155 million for Community
Health Centers, $252 million for NIH, and $506 million for CMS
Program Management. First-year funding of $500 million was
provided for Bioterrorism Hospital Grants and $1.6 billion for CDC
Terrorism Preparedness and Response (TPAR). Funding was
decreased by $153 million for Health Professions other than nursing,
$219 million for CDC activities other than TPAR, and $2.3 billion
for PHSSEF. Funding was eliminated for Health Care-Related
Facilities and Activities, which received $483 million in FY2005.
Overall, HHS received $63.4 billion in discretionary funding, $0.4
billion less than in FY2005.
!For ED, funding was increased by $100 million for ESEA Title I
Part A Grants to LEAs, $100 million for IDEA Part B Grants to
States, and $812 million for Pell Grants. Funding was decreased by
$780 million for ESEA programs in aggregate, $197 million for
Comprehensive School Reform, $221 million for Educational
Technology State Grants, $254 million for FIE, and $140 million for
FIPSE. The Teacher Incentive Fund initiative received an initial
$100 million. The Pell Grants accumulated shortfall, estimated at
$4.3 billion, was paid off. Overall, ED received $56.5 billion in
discretionary funding, $0.1 billion less than in FY2005.
!For the related agencies, SSI discretionary activities received $254
million less than in FY2005, and SSA Administrative Expenses
received $723 million more than the FY2005 amount. Overall, the
related agencies received $11.5 billion in discretionary funding, $0.4
billion more than in FY2005.
Modification of Existing Programs and Activities. In addition to
enacting appropriations, P.L. 109-149 amended several programs or otherwise
modified the provisions that govern the use of appropriated funds for L-HHS-ED.
!Section 102 establishes within 90 days of enactment an Office of Job
Corps within the Office of the Secretary of Labor. The new office
will carry out the functions of the Job Corps program, and
appropriations related to the Job Corps are to be transferred to that
office.
!Section 107 requires that the FY2007 congressional budget
justifications for DOL be submitted to the appropriations
committees in the format and level of detail that ED used for its
FY2006 justifications.



!Section 108 requires DOL to submit an operating plan to the
appropriations committees no later than July 1, 2006, that outlines
the planned allocations by major project and activity of the funds for
the Pilots, Demonstrations, and Research program under §171 of
WIA. The conferees noted (H.Rept. 109-337, page 62) that such an
operating plan was requested in report language for FY2005, but the
DOL failed to respond and the report is now six months overdue.
The conferees now direct DOL to submit detailed quarterly reports
beginning in January 2006 on the status, amount, and recipient of
each §171 project for each quarter of FY2006, and include whether
the award was made competitively or by sole source and, for each
sole source award, the justification and expected outcome of each
such award.
!Section 209 authorizes the Director of NIH jointly with the Director
of the Office of AIDS Research to transfer up to 3% of the funds
between any two institutes or centers for research related to human
immunodeficiency virus.
!Section 222 delays the implementation of regulations concerning
power wheel chairs from taking effect prior to April 1, 2006.
!Sections 225 and 226 rescind the unobligated balances (amounts
unspecified) from Health Professions and Nursing Student Loans.
!Section 227 makes aircraft otherwise available to the CDC available
to the Secretary of HHS, the Director of the CDC, and HHS
employees accompanying the Secretary or Director in such travel.
The conferees note that current law is too restrictive for official
travel in times of national emergency.
!Section 305 appropriates $4.3 billion for a one-time elimination the
estimated funding shortfall for Pell Grants in accordance with §303
of H.Con.Res. 95, the FY2006 budget resolution.
!Section 306 amends ESEA Title V, Part D, Subpart 12, which
authorizes the Alaska Native and Native Hawaiian Education
Through Cultural and Historic Organizations Act, to: (a) include
any federally recognized Indian tribe in Mississippi in the program;
and (b) include the Mississippi Band of Choctaw Indians as eligible
for required annual grants of at least $1 million for internship and
apprenticeship programs.
!Section 518 relaxes the residency requirements under the
Immigration and Nationality Act in certain specific instances, but the
modification was repealed on January 1, 2006. The purpose was “to
reduce the residency requirement and limit the adjudication period
for the naturalization of aliens with extraordinary ability so that such
aliens may represent the United States at international events.”
!Section 519 protects candidates for federal scientific advisory
committees from the unauthorized disclosure of their political
affiliation or voting history.
Provisions Not Included. Several general provisions were considered
during preliminary stages of the appropriations process but were not included in the
final FY2006 L-HHS-ED conference agreement. The following proposals were not
included: a House proposal to prohibit the use of social security numbers on ID



cards of Medicare beneficiaries (however, the conferees state that they consider this
issue as one of “utmost urgency” and expect the Secretary of HHS to accelerate plans
to convert ID cards (H.Rept. 109-337, page 84)); a Senate proposal to remove
inaccurate medical information from abstinence education programs (page 96); a
Senate proposal to prohibit the use of funds for drugs to treat erectile dysfunction
(page 119); a House proposal pertaining to a “totalization agreement” with Mexico
(page 120); and a Senate proposal to require that any “limitation, directive, or
earmarking” included in either the House or Senate reports accompanying H.R. 3010
must also be included in the conference report or joint explanatory statement in order
to be considered approved by both Houses of Congress (page 130-131).
“Across-the-Board” Rescission for FY2006
Some of the FY2006 emergency appropriations for hurricane disaster assistance
and avian flu preparedness were offset by an “across-the-board” rescission. Section
3801 of P.L. 109-148 required a 1% cut from most FY2006 discretionary
appropriations for each program, project, or activity. No federal agency was
exempted except for the Department of Veterans Affairs. Emergency FY2006
appropriations were excluded from the rescission, as were advance appropriations for
FY2007 and beyond. The House Committee on Appropriations has estimated that
this cut will reduce total federal spending by approximately $8.5 billion.
The actual application of this reduction to individual accounts and line items is
to be determined by the Office of Management and Budget (OMB) and the individual
agencies. Within 30 days of enactment, OMB is required to report back to
Committees on Appropriations specifying each account and amount of the reduction
resulting from the 1% rescission. The FY2006 conference data in this report are
based on the funding levels stated in P.L. 109-149 (H.Rept. 109-337), and have not
been adjusted by the application of the rescission procedures required by P.L. 109-

148, as the exact rescission for each program was not specified by Congress.


Earmarks for Specific Projects
Earmarking of funds for specific projects in appropriations bills has become a
topic of contention for Congress and the Administration, and the issue extends to
L-HHS-ED projects. In the case of L-HHS-ED appropriations, earmarks may be
defined as funds set aside within an account for a specific organization or location,
either in the appropriation act or its conference report. Typically, the authorizing
statute gives the general purpose for use of appropriations, such as “projects for the
improvement of postsecondary education,” but an earmark designates a specific
amount for a specific recipient. Such designations bypass the usual competitive
distribution of awards by a federal agency, but otherwise require recipients to follow
standard federal financial and other administrative procedures. The President has
urged the elimination of congressional earmarks in appropriations in recent years,
but, with the exception of FY2006 L-HHS-ED appropriations, Congress has
continued the practice.
Earmarks in L-HHS-ED appropriations generally have increased during the past
decade, along with the total appropriation for L-HHS-ED programs. However, a
major change in direction occurred in FY2006. Virtually all earmarks were



eliminated from the FY2006 L-HHS-ED bill; in general, the funding previously
associated with L-HHS-ED earmarks was eliminated as well. In particular, there
were estimated to be more than 3,000 in FY2005, totaling nearly $1.2 billion; for
FY2006, the estimate was eight earmarks for $28.5 million. Table 3 shows the total
annual L-HHS-ED appropriation, the estimated amount earmarked, the earmarked
amount as a percent of the total, and the estimated number of earmarks.
Table 3. Summary of Estimated L-HHS-ED Earmarks
for Selected Years, FY1996-FY2006
($ in millions)
EstimatedEarmarks as %Estimated
Totalvalue ofof totalnumber of
Fiscal yearappropriationearmarksappropriationearmarks
2006 $601,643 $28.5 (a) 8
2005 501,346 1,179.5 0 .24% 3,014
2004 479,818 875.5 0 .18% 2,036
2002 411,822 1,018.7 0 .25% 1,606
2000 328,230 461.0 0 .14% 491
1998 276,890 54.4 0 .02% 25
1996 265,533 14.9 0 .01% 7
Sources: The annual L-HHS-ED bills and conference reports upon which the above numbers are
based were as follows: For FY2006, P.L. 109-149 (H.Rept. 109-337); for FY2005, P.L. 108-447
(H.Rept. 108-792); for FY2004, P.L. 108-199 (H.Rept. 108-401); for FY2002, P.L. 107-116 (H.Rept.
107-342); for FY2000, P.L. 106-113 (H.Rept. 106-479); for FY1998, P.L. 105-78 (H.Rept. 105-390);
and for FY1996, P.L. 104-134 (H.Rept. 104-537).
a. The FY2006 percentage of the total appropriation was less than 0.005%.
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
Congress 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 spending amounts are allotted among the various
committees, and — for the House and Senate Appropriations Committees — the
amounts include the total discretionary budget authority available for enactment in
annual appropriations.
For FY2006, the concurrent resolution on the budget was H.Con.Res. 95, to
which the House and Senate agreed on April 28, 2005. The conference report
established $843.0 billion as the 302(a) allocation ceiling for the total discretionary
budget authority for FY2006; that amount represents an increase of $3.0 billion



relative to the FY2005 discretionary budget authority of $840.0 billion (H.Rept. 109-

62, pp. 31 and 86). For legislative details, please see “Related Legislation,” page 45.


In the second stage of the annual congressional budget process, the House and
Senate Appropriations Committees 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 4 shows the 302(b) discretionary allocations for the FY2006 L-HHS-ED
appropriations for the House and Senate Committees on Appropriations.
Comparable amounts for the FY2005 appropriations and the President’s FY2006
budget request are also shown. Both the 302(a) and 302(b) allocations regularly
become contested issues in their own right.
Table 4. FY2006 302(b) Discretionary Allocations for L-HHS-ED
(budget authority in billions of dollars)
FY2006 FY2006 FY2006 FY2006
FY2005 request House Sena t e conference
comparable comparable a llo ca t io n a llo ca t io n comparable
$142.7$141.7$142.5$142.5 $142.5
Sources: The FY2006 House allocation is based on H.Rept. 109-264, Nov. 2, 2005; the FY2006
Senate allocation is based on S.Rept. 109-207, Dec. 15, 2005. The comparable amounts for FY2005
budget authority, the FY2006 budget request, and the FY2006 conference agreement are based on
H.Rept. 109-337, Dec. 13, 2005.
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. 108-447,
which enacted FY2005 L-HHS-ED appropriations, provided $400 million for the
Corporation for Public Broadcasting (CPB) for use in FY2007. 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.
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 discussion in “Department of Education,” page 35.



The FY1999 and FY2000 annual L-HHS-ED appropriations bills provided
significant increases in advance appropriations for discretionary programs. These
amounts stabilized at approximately $19 billion in FY2000, increased to $21.5 billion
in FY2003, and returned to $19.3 billion in FY2004 and FY2005. For FY2006, the
President requested $18.8 billion in advance appropriations for L-HHS-ED, but P.L.
109-149 provided $19.3 billion, or 13.5% of the $143.0 billion of FY2006
discretionary appropriations for L-HHS-ED. From FY1998 to the present, the
advance appropriations enacted 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, President’s budget request, $18.8 billion;
!FY2006, House bill $19.3 billion;
!FY2006, Senate bill $19.3 billion; and
!FY2006, P.L. 109-149 (pre-rescission, see page 12), $19.3 billion.
Major Funding Trends
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 5 shows the trend in discretionary budget authority enacted in the
L-HHS-ED appropriations for FY2001 through FY2005. During the past five years,
L-HHS-ED discretionary funds have grown from $109.4 billion in FY2001 to an
estimated $142.4 billion in FY2005, an increase of $33.0 billion, or 30.2%. During
this same period — and using the Gross Domestic Product (GDP) deflator to adjust
for inflation — L-HHS-ED discretionary funds in estimated FY2005 dollars have
grown from $118.0 billion in FY2001 to $142.4 billion in FY2005, an increase of
$24.4 billion in estimated FY2005 dollars, or 20.7%. L-HHS-ED discretionary funds
as a percent of total federal discretionary funds decreased from a 16.5% share in
FY2001 to an estimated 15.6% share in FY2005. L-HHS-ED discretionary funds as
a percent of total federal budget authority increased slightly from a 5.6% share in
FY2001 to an estimated 5.7% share in FY2005.



Table 5. L-HHS-ED Discretionary Funding Trends,
FY2001-FY2005
(budget authority in billions of dollars)
FY2005
Type of fundsFY2001FY2002FY2003FY2004estimate
(a)
L-HHS-ED discretionary$109.4$127.2$132.4$140.9$142.4
L-HHS-ED discretionary in$118.0$134.8$137.8$143.8$142.4
estimated FY2005 dollars
L-HHS-ED % of total federal16.5%17.3%15.6%15.5%15.6%
discretionary funds (b)
L-HHS-ED % of total federal
budget authority (both5.6%6.1%5.8%5.9%5.7%
discretionary and non-
discretio nary)
Total federal discretionary$663.8$734.8$849.5$907.6$915.6
fund s
Total federal budget authority
(both discretionary and non-$1,959.0$2,090.1$2,266.1$2,407.4$2,477.4
discretio nary)
GDP deflator1.02361.04261.06141.08251.1045
Sources: Federal totals and the GDP deflator are based on the Budget of the United States
Government Historical Tables Fiscal Year 2006, Tables 5.2, 5.4, and 10.1. L-HHS-ED totals for
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.
a. FY2005 estimates for federal budget authority, both total and discretionary, are based on amounts
published in the FY2006 budget request of Feb. 7, 2005. Estimates exclude supplementals and
rescissions enacted after that date, as well as re-estimates and scorekeeping adjustments.
b. Discretionary funds include both defense and non-defense activities.



Department of Labor
FY2005 discretionary appropriations for the Department of Labor (DOL) were
$12.1 billion. For FY2006, the budget request was $11.6 billion, $0.5 billion (4.1%)
less than the FY2005 amount, as shown in Table 6. The House bill would have
provided $11.7 billion for DOL discretionary programs in FY2006, and the Senate
bill would have provided $11.8 billion. The FY2006 conference agreement, as
enacted, provided $11.6 billion in discretionary funding prior to the 1% cut required
by P.L. 109-148 (see page 12).
Table 6. Department of Labor Discretionary Appropriations
($ in billions)
FY2005 FY2006 FY2006 FY2006 FY2006
F unding enacted request House Sena t e conf.
Appropriations$12.1$11.6 $11.7 $11.8$11.6
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut for most discretionary programs that is required by P.L.
109-148 (see page 12). FY2005 amounts are post-reduction (see page 49) and based on P.L. 108-447.
Amounts represent discretionary programs funded by L-HHS-ED appropriations; funds for mandatory
programs are excluded.
Mandatory DOL programs included in the FY2005 L-HHS-ED bill were funded
at $3.3 billion, and consist of the Federal Unemployment Benefits and Allowances
($1.1 billion), Black Lung Disability Trust Fund ($1.1 billion), Advances to the
Unemployment Insurance and Other Trust Funds ($0.5 billion), Special Benefits for
Disabled Coal Miners ($0.4 billion), Employment Standards Administration (ESA)
Special Benefits ($0.2 billion), and Energy Employees Occupational Illness
Compensation Fund ($40 million).
Key Issues
President’s Request. The President’s FY2006 budget request for DOL
proposed changes in funding for a number of discretionary activities; proposed
changes of at least $100 million were as follows.
!The Workforce Investment Act of 1998 (WIA) programs, funded in
the aggregate at $5.3 billion in FY2005, would have been decreased
by $276 million under the President’s FY2006 budget request.
!The WIA Dislocated Worker Assistance programs, funded at $1.5
billion in FY2005, would have been decreased by $132 million in
FY2006, including a decrease of $118 million for state grants.
!The Employment Service, funded at $846 million in FY2005, would
have been decreased by $116 million, including a decrease of $85
million for state grants.
House Bill. For DOL programs, the House bill differed from the President’s
budget request primarily with respect to two WIA programs.



!The House bill would have provided $1.2 billion for WIA
Dislocated Worker Assistance State Grants, $118 million more than
requested and the same as the FY2005 amount.
!The WIA Community College program would have received $125
million, which is $125 million less than requested and $124 million
less than the funds available from all sources for FY2005. Also, the
House bill would have rescinded $125 million of FY2005 funds for
this program, for a proposed net increase of $1 million in FY2006.
Senate Bill. For DOL programs, the Senate bill differed from the House bill
by at least $100 million in several respects.
!WIA programs in aggregate would have received $5.3 billion, $122
million more than the House amount. The request was for $5.1
billion; $5.3 billion was provided in FY2005.
!WIA Community Colleges would have received $125 million
indirectly through the WIA National Reserve rather than directly, as
in the House bill. The request was for $250 million, provided
directly; in FY2005, the program received $124 million directly and
$125 million indirectly. The Senate bill would not have rescinded
any FY2005 funds for the WIA Community College program; the
House bill would have rescinded $125 million.
!Unemployment Compensation would have received $2.5 billion,
$148 million less than the House amount. The request was for $2.6
billion; $2.7 billion was the FY2005 amount.
Public Law. The conference agreement, as enacted, changed discretionary
spending by at least $100 million for several DOL programs, compared to the
FY2005 funding levels.
!WIA programs in aggregate received $5.1 billion, $52 million more
than requested but $225 million less than the FY2005 amount of
$5.3 billion.
!The WIA Community College program received $125 million
indirectly from the WIA National Reserve, with no funds provided
directly. The request was for $250 million, to have been provided
directly. In FY2005, the program received $124 million directly and
$125 million indirectly through the National Reserve. In addition,
the conference agreement rescinded $125 million of the FY2005
appropriation for the Community College program.
!Unemployment Compensation was funded at $2.5 billion, $100
million less than requested and $140 million less than the FY2005
amount of $2.7 billion.
CRS Products
CRS Report RS22077, Unemployment Compensation (UC) and the Unemployment
Trust Fund (UTF): Funding UC Benefits, by Christine Scott and Julie M.
Whittaker.



CRS Report RS20244, The Workforce Investment Act: Training Programs Under
Title I at a Glance, by Ann Lordeman.
Websites
Department of Labor
[ http://www.dol.gov]
[ http://www.dol.gov/_sec/Budget2006/overview.htm]
[ h ttp://www.doleta.gov/budget/06bud.cfm]
Detailed Appropriations Table
Table 7 shows the appropriations details for offices and major programs of
DOL.



Table 7. Detailed Department of Labor Appropriations
($ in millions)
FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Total Workforce Investment Act,$5,339$5,063$5,130$5,252$5,115
Title I (WIA) (non-add)
Employment and Training Administration (ETA)
Training and Employment Services
(TES), WIA Adult Training Grants897866866894866
to States
WIA Youth Training986950950986950
WIA Dislocated Worker1,4761,3441,4051,4761,476
Assistance (DWA)
DWA State Grants (non-add)1,1931,0751,1931,1931,193
DWA National Reserve Community12500125125
College set aside (non-add) (a)
DWA National Reserve, other158269212158158
(non-add) (a)
WIA Migrant and Seasonal760768080
Farmwo rkers
WIA Job Corps1,5521,5171,5421,5821,573
WIA Community College
(Community-Based Job Training)12425012500
(a)
WIA Community College, indirect
funding from DWA National12500125125
Reserve (see above, non-add) (a)
WIA Community College, program249250125125125
level (non-add) (a, b)
Other WIA and TES Activities227129158233170
TES subtotal5,3385,0565,1225,2515,115
Community Service Employment437437437437437
for Older Americans
Federal Unemployment Benefits1,057966966966966
and Allowances (mandatory)
State Unemployment Insurance
and Employment Service2,6732,6332,6332,4852,533
Operations (SUI/ESO)
Unemployment Compensation
SUI/ESO Employment Service846730730780757
SUI/ESO Employment Service781696696746723
State Grants (non-add)
SUI/ESO One-Stop Career Centers9888887782
SUI/ESO Work Incentives Grants2020202020
SUI/ESO subtotal3,6373,4713,4713,3623,392
Advances to Unemployment Trust517465465465465
Fund and other funds (mandatory)
New York State Uninsured000500
Employers Fund
ETA Program Administration170206206200200
ETA subtotal11,15610,60110,66710,73110,575



FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Employee Benefits Security131137137135135
Ad mi ni str a tio n
Pension Benefit Guaranty
Corporation (PBGC)00000
Ad mi ni str a tio n
PBGC program level (non-add)266297297297297
Employment Standards Administration (ESA)
ESA Salaries and Expenses401416416413415
ESA Special Benefits (mandatory)233237237237237
ESA Special Benefits for Disabled357306306306306
Coal Miners (mandatory)
ESA Energy Employees
Occupational Illness Compensation4096969696
Fund (mandatory)
ESA Black Lung Disability Trust1,0621,0681,0681,0681,068
Fund (mandatory)
ESA subtotal2,0932,1232,1232,1202,122
Occupational Safety and Health464467477477477
Administration (OSHA)
Mine Safety and Health279280280280280
Administration (MSHA)
Bureau of Labor Statistics529543543543543
Office of Disability Employment4728284728
P o licy
Departmental Management
International Labor Affairs9312129373
Veterans Employment and223224229224224
T r a i ni ng
Departmental Management, other297304299301300
Departmental Management613540540618597
subtotal
Working Capital Fund106666
TOTALS, DEPARTMENT OF LABOR
Total appropriations (c)15,32214,72414,80114,95714,764
Current year funding12,77812,21212,26412,42012,227
One-year advance funding2,5442,5122,5372,5372,537
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut required for most discretionary programs (see page 12).
a. Funding for the WIA Community College (Community-Based Job Training) program has been
provided through two line items: (1) directly through the WIA Community College line item;
and (2) indirectly as a set aside from the WIA Dislocated Worker Assistance National Reserve.
The WIA Community Collegeprogram level” amounts that are shown in this table combine
the two sources of funds to show the total available for the Community College program.
b. The FY2006 House bill proposed, and the FY2006 conference agreement included, a rescission
of $125 million from FY2005 Community College appropriations.
c. Appropriations totals include discretionary and mandatory funds, and may be subject to additional
scorekeeping and other adjustments.



Department of Health and Human Services
FY2005 discretionary appropriations for the Department of Health and Human
Services (HHS) were $63.8 billion. For FY2006, the budget request was $62.7
billion, $1.1 billion (1.7%) less than the FY2005 amount, as shown in Table 8. The
House bill would have provided $63.2 billion for HHS discretionary activities in
FY2006, and the Senate bill would have provided $73.4 billion. The FY2006
conference agreement, as enacted, provided $63.4 billion in discretionary funding
prior to the 1% cut required by P.L. 109-148 (see page 12).
Table 8. Department of Health and Human Services
Discretionary Appropriations
($ in billions)
FY2005 FY2006 FY2006 FY2006 FY2006
F unding enacted request House Sena t e conf.
Appropriations$63.8$62.7$63.2 $73.4$63.4
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut for most discretionary programs that is required by P.L.
109-148 (see page 12). FY2005 amounts are post-reduction (see page 49) and based on P.L. 108-447.
Amounts represent discretionary programs 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), both of which are administered by HHS but funded through other appropriations
b ills.
Mandatory HHS programs included in the L-HHS-ED bill were funded at
$315.4 billion in FY2005, and consist primarily of Medicaid Grants to States ($182.3
billion), Payments to Medicare Trust Funds ($119.8 billion — virtually all of this
amount was for Part B Supplementary Medical Insurance), Foster Care and Adoption
($6.8 billion), Family Support Payments to States ($4.1 billion), and the Social
Services Block Grant ($1.7 billion).
Key Issues
President’s Request. The President’s FY2006 budget request for HHS
proposed increased support primarily for Health Centers and the administration of
Medicare and Medicaid. At the same time, it proposed reduced funding for various
other health and human resources programs, as indicated below.
Discretionary spending increases of at least $100 million were requested in the
President’s FY2006 budget for the following programs.
!Community Health Centers, funded at $1.7 billion in FY2005,
would have been increased by $304 million under the President’s
budget request.
!The National Institutes of Health (NIH), funded at $28.4 billion in
FY2005, would have been increased by $145 million. The NIH
supports activities that maintain and improve health through medical
science; for additional information, please see CRS Report



RL32799, Federal Research and Development Funding: FY2006,
by Michael E. Davey (coordinator).
!The Centers for Medicare and Medicaid Services (CMS) Program
Management for the administration of the Medicare and Medicaid
programs, funded at $2.7 billion in FY2005, would have been
increased by $512 million under the request.
!The Public Health and Social Services Emergency Fund (PHSSEF),
funded at $2.4 billion in FY2005, would have been increased by
$171 million. These funds are used primarily for bioterrorism
activities.
Along with the increases proposed above, the President’s FY2006 budget would
have decreased or terminated funding for several programs.
!Health Professions programs other than those for nursing, funded at
$299 million in FY2005, would have been decreased by $288
million.
!Children’s Hospital Graduate Medical Education (CHGME), funded
at $301 million in FY2005, would have been reduced by $101
million.
!The CDC, funded at $4.5 billion in FY2005, would have been
reduced by $470 million, including elimination of the Preventive
Health and Health Services Block Grant (funded at $119 million in
FY2005) and a reduction to Building and Facilities of $240 million
(funded at $270 million in FY2005).
!Low-Income Home Energy Assistance Program (LIHEAP), funded
at $2.2 billion in FY2005, would have been decreased by $182
million.
!Health Care-Related Facilities and Activities, funded at $483 million
in FY2005, would have been eliminated; funds for this program
have been earmarked in past years for construction and renovation
projects for designated recipients.
!The Community Services Block Grant (CSBG), funded at $637
million in FY2005, would have been eliminated.
House Bill. For HHS programs, the House bill differed from the President’s
budget request in several respects.
!Community Health Centers would have received $1.8 billion under
the House bill, $204 million less than requested; it received $1.7
billion in FY2005.
!Children’s Hospital Graduate Medical Education (CHGME) would
have received $300 million, $100 million more than requested; it
received $301 million in FY2005.
!Bioterrorism Hospital Grants would have received $500 million;
these funds were included under PHSSEF in the request and the
FY2005 appropriation.
!The Centers for Disease Control and Prevention (CDC) Terrorism
Preparedness and Response would have received $1.6 billion; these



funds were included under PHSSEF in the request and the FY2005
appropriation.
!Other activities at the CDC would have received $4.3 billion, $288
million more than requested; they received $4.5 billion in FY2005.
!The Agency for Healthcare Research and Quality (AHRQ) would
have received a direct appropriation of $319 million; the request was
for $319 million in indirect appropriations from other HHS
programs, the same as was provided in FY2005.
!The CSBG would have received $320 million; no funds were
requested, and $637 million was provided in FY2005.
!The PHSSEF would have received $184 million, $2.4 billion less
than the request and $2.2 billion less than the FY2005 amount.
However, the House bill would have directly appropriated $2.1
billion for bioterrorism activities at the Health Resources and
Services Administration (HRSA) ($0.5 billion) and the CDC ($1.6
billion), appropriations that in previous years would have been
provided indirectly through the PHSSEF for these activities.
Senate Bill. For HHS programs, the Senate bill differed from the House bill
by at least $100 million for several programs.
!Health Professions other than nursing would have received $298
million, $251 million more than the House amount. The request was
for $11 million; $299 million was provided in FY2005.
!Health Care-Related Facilities and Activities would have received
$393 million. No funds would have been provided under the House
bill, and no funds were requested; $483 million was provided in
FY2005.
!CDC activities other than Terrorism Preparedness and Response
would have received $4.5 billion, $169 million more than the House
amount. The request was for $4.0 billion; $4.5 billion was provided
in FY2005.
!NIH would have been funded at $29.4 billion, $908 million more
than the House amount. The request was for $28.5 billion; $28.4
billion was provided in FY2005.
!The AHRQ would not have been funded directly but would have
been provided $324 million of program level support. The request
was for $319 million of indirect program level support, the same as
was provided in FY2005. The House would have provided $319
million directly for the AHRQ.
!LIHEAP would have been funded at $2.2 billion, $176 million more
than the House amount. The request was for $2.0 billion; $2.2
billion was provided in FY2005.
!The CSBG would have been funded at $637 million, $317 million
more than the House amount. No funds were requested; $637
million was provided in FY2005.
!The PHSSEF would have been funded at $8.2 billion, $8.0 billion
more than the House amount. The request was for $2.6 billion; $2.4
billion was provided in FY2005. The Senate amount would have
included $8.1 billion in emergency funds for pandemic flu activities.



Public Law. The conference agreement, as enacted, changed discretionary
spending by at least $100 million for several HHS activities, compared to the
FY2005 funding levels.
!Community Health Centers received $1.9 billion, $149 million less
than requested but $155 million more than the FY2005 amount of
$1.7 billion.
!Health Professions other than nursing received $146 million, $135
million more than requested but $153 million less than the FY2005
amount of $299 million.
!Health Care-Related Facilities and Activities received no funds, the
same as was requested; $483 million was provided in FY2005.
!Bioterrorism Hospital Grants received $500 million; no funds were
requested directly for these grants and no funds were appropriated
directly in FY2005.
!CDC Terrorism Preparedness and Response received $1.6 billion;
no funds were requested directly for these activities and no funds
were appropriated directly in FY2005.
!Other CDC activities were funded at $4.3 billion, $251 million more
than requested but $219 million less than the FY2005 amount of
$4.5 billion.
!NIH received $28.6 billion, $107 million more than requested and
$252 million more than the FY2005 amount of $28.4 billion.
!CMS Program Management received $3.2 billion, $6 million less
than requested but $506 million more than the FY2005 amount of
$2.7 billion.
!PHSSEF received $66 million, $2.5 billion less than requested and
$2.3 billion less than the FY2005 amount of $2.4 billion. However,
in FY2005, this account funded activities related to terrorism, which
in FY2006 were funded in HRSA, CDC, and NIH, such as the $0.5
billion for Bioterrorism Hospital Grants and $1.6 billion for
Terrorism Preparedness and Response.
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 an additional 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.
These provisions can be found in §507 and §508 of P.L. 109-149. For additional
information, please see CRS Issue Brief IB95095, Abortion: Legislative Response.
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
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 22 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
regarding embryo and fetal tissue research because the embryos are destroyed in
order to obtain the cells. Given its potential volatility, the issue may be revisited at
any time during the annual consideration of L-HHS-ED appropriations.
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,
and the FY2006 L-HHS-ED appropriations continued the restrictions without
significant change. The current provision can be found in §509 of P.L. 109-149. For
additional information, please see CRS Report RL31015, Stem Cell Research; CRS
Report RL31358, Human Cloning; and CRS Report RS21044, Background and
Legal Issues Related to Stem Cell Research.
CRS Products
CRS Issue Brief IB95095, Abortion: Legislative Response, by Karen J. Lewis and
Jon O. Shimabukuro.
CRS Report RL30731, AIDS Funding for Federal Government Programs:
FY1981-FY2006, by Judith A. Johnson and Sharon Coleman.
CRS Report 98-476, AIDS: Ryan White CARE Act, by Judith A. Johnson and
Paulette C. Morgan.
CRS Report RL30785, The Child Care and Development Block Grant: Background
and Funding, by Melinda Gish.
CRS Report RL32872, Community Services Block Grants (CSBG): Funding and
Reauthorization, by Karen Spar and Garrine P. Laney.



CRS Report RL32046, Federal Health Centers Program, by Sharon Kearney
Coleman.
CRS Report RL32799, Federal Research and Development Funding: FY2006, by
Michael E. Davey.
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 Emilie Stoltzfus.
CRS Report 97-350, Maternal and Child Health Block Grant, by Sharon Kearney
Coleman.
CRS Report RL31336, Older Americans Act: Programs and Funding, by Carol
O’Shaughnessy and updated by Angela Napili.
CRS Report RL31719, An Overview of the U.S. Public Health System in the Context
of Emergency Preparedness, by Sarah A. Lister.
CRS Report RL33145, Pandemic Influenza: Domestic Preparedness Efforts, by
Sarah A. Lister.
CRS Report RL31940, Public Health Service Operating Agencies, by Sharon
Kearney Coleman.
CRS Report RL31015, Stem Cell Research, by Judith A. Johnson and Erin D.
Williams.
CRS Report RL31358, Human Cloning, by Judith A. Johnson and Erin D. Williams.
CRS Report RS21044, Background and Legal Issues Related to Stem Cell Research,
by Jon O. Shimabukuro.
CRS Report 97-1048, The Title X Family Planning Program, by Sharon Kearney
Coleman.
Websites
Department of Health and Human Services
[ http://www.hhs.gov]
[ http://www.hhs.gov/budget/document.htm]
Detailed Appropriations Table
Table 9 shows the appropriations details for offices and major programs of
HHS.



Table 9. Detailed Department of Health and
Human Services Appropriations
($ in millions)
FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Public Health Service (PHS)
Health Resources and Services Administration (HRSA)
Community Health Centers$1,734$2,038$1,834$1,889$1,889
National Health Service Corps131127127127127
Health Professions, Nursing151150150156151
Health Professions, other2991147298146
Health Professions subtotal450161197454297
Childrens Hospital Graduate Medical301200300300300
Ed ucatio n
Maternal and Child Health Block724724700710700
Grant
Ryan White AIDS Programs2,0482,0582,0582,0582,058
Family Planning (Title X)286286286286286
Health Care-Related Facilities and483003930
Ac tivities
Bioterrorism Hospital Grants (a)00500511500
Vaccine Injury Compensation Trust6671717171
Fund (mandatory)
HRSA, other652378448650479
HRSA subtotal6,8756,0436,5217,4496,707
Centers for Disease Control and
Prevention (CDC) Terrorism001,6171,5661,593
Preparedness and Response (a)
CDC, other (b)4,5114,0414,3294,4984,292
CDC subtotal4,5114,0415,9466,0645,885
National Institutes of Health (NIH) (c)28,36528,51028,50729,41528,617
Substance Abuse and Mental Health
Services Administration (SAMHSA)411411411411411
Mental Health Block Grant
SAMHSA Substance Abuse Block1,6961,6961,6961,6961,696
Grant
SAMHSA, other1,1611,1081,1241,1681,131
SAMHSA subtotal3,2683,2153,2313,2753,238
Agency for Healthcare Research and0031900
Quality (AHRQ)
AHRQ program level (non-add)319319319324319
PHS subtotal43,01941,80944,52446,20344,447
Centers for Medicare and Medicaid Services (CMS)
Medicaid Grants to States (mandatory)182,296219,738219,738219,738219,738
Payments to Medicare Trust Funds119,826177,822177,742177,822177,742
(mandato ry)
CMS Program Management2,6653,1773,1803,1813,171
Fraud and Abuse Control initiative0800800
CMS subtotal304,787400,817400,660400,821400,651



FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Administration for Children and Families (ACF)
Family Support Payments to States4,0904,2704,2704,2704,270
(mandato ry)
Low Income Home Energy Assistance2,1822,0002,0072,1832,183
Program (LIHEAP)
Refugee and Entrant Assistance485571561571576
Child Care and Development Block2,0832,0832,0832,0832,083
Grant (CCDBG)
Social Services Block Grant 1,7001,7001,7001,7001,700
(Title XX) (mandatory)
Head Start6,8546,8886,8996,8636,843
Child Welfare Services290290290290290
Developmental Disabilities169169171187173
Community Services Block Grant6370320637637
Battered Womens Shelters126126126126126
Abstinence Education99138110101110
Other Children and Family Services832766773822743
Promoting Safe and Stable Families305305305305305
(PSSF) (mandatory)
PSSF (discretionary)99105999090
Foster Care and Adoption Assistance6,8056,5836,5836,5836,583
(mandato ry)
ACF subtotal26,75725,99426,29626,81126,711
Administration on Aging (AOA)1,3931,3691,3761,3921,377
Office of the Secretary
Medical Benefits, Commissioned331329329329329
Officers (mandatory)
Public Health and Social Service2,4072,5781848,15966
Emergency Fund (PHSSEF) (a)
Office of the Secretary, other507588525551533
Office of the Secretary subtotal3,2453,4951,0389,039928
TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Total appropriations (d)379,201473,485473,893484,266474,115
Current year funding311,100406,382406,779417,164407,012
One-year advance funding68,10167,10367,11467,10367,103
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut required for most discretionary programs (see page 12).
Note: Two HHS agencies are funded through other appropriations: Food and Drug Administration
(FDA) in Agriculture appropriations ($1.5 billion in FY2005), and Indian Health Service (IHS) in
Interior appropriations ($3.0 billion in FY2005). Neither agency is included in this table.
a. For FY2006, the House and Senate amounts for bioterrorism would have been distributed directly
to HRSA, CDC, and NIH rather than indirectly through the PHSSEF.
b. The Veterans Affairs and Housing and Urban Development (VA-HUD) appropriations provided
additional funding of $76 million for the CDC in FY2005.
c. The VA-HUD appropriations provided additional funding of $80 million for the NIH in FY2005.
d. Appropriations totals include discretionary and mandatory funds, and may be subject to additional
scorekeeping and other adjustments.



Department of Education
FY2005 discretionary appropriations for the Department of Education (ED)
were $56.6 billion. For FY2006, the budget request was $56.2 billion, $0.4 billion
(0.7%) less than the FY2005 amount, as shown in Table 10. The House bill would
have provided $56.7 billion for ED discretionary activities in FY2006; the Senate bill
would have provided $56.7 billion as well. The FY2006 conference agreement, as
enacted, provided $56.5 billion in discretionary funding prior to the 1% cut required
by P.L. 109-148 (see page 12).
Table 10. Department of Education
Discretionary Appropriations
($ in billions)
FY2005 FY2006 FY2006 FY2006 FY2006
F unding enacted request House Sena t e conf.
Appropriations$56.6$56.2$56.7 $56.7 $56.5
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut for most discretionary programs that is required by P.L.
109-148 (see page 12). FY2005 amounts are post-reduction (see page 49) and based on P.L. 108-447.
Amounts represent discretionary programs funded by L-HHS-ED appropriations; funds for mandatory
programs are excluded.
A single mandatory ED program is included in the L-HHS-ED bill; the
Vocational Rehabilitation State Grants program was funded at $2.6 billion in
FY2005.
Key Issues
President’s Request. Increasing federal support for education has been a
priority of both Congress and the White House in recent years. Under the FY2006
budget request, funding for several programs would have been increased, and 14 new
education programs were proposed. However, the President’s request would have
eliminated the funding for 48 existing programs and reduced the total discretionary
funding for ED programs in FY2006.
Discretionary spending increases of at least $100 million in FY2006 were
requested by the President for the following programs.
!Elementary and Secondary Education Act of 1965 (ESEA)
programs, funded in aggregate at $24.4 billion in FY2005, would
have been increased by $974 million in the President’s FY2006
budget request — see discussion below of ESEA funding shortfall.
!The ESEA Title I, Part A Grants to Local Educational Agencies
(LEAs) program, funded at $12.7 billion in FY2005, would have
been increased by $602 million.
!The Striving Readers program, funded at $25 million in FY2005,
would have been increased by $175 million.



!The Special Education Part B Grants to States program under the
Individuals with Disabilities Education Act (IDEA), funded at $10.6
billion in FY2005, would have been increased by $508 million —
see discussion below of IDEA funding shortfall.
!The Pell Grants program, funded at $12.4 billion in FY2005, would
have been increased by $834 million.
!Student Aid Administrative Costs, funded at $119 million in
FY2005, would have been increased by $820 million in a proposal
to unify the administration of all student aid activities in a single
account. The increase would have been offset in part by a proposed
savings of $625 million through the consolidation of certain related
expenses currently counted elsewhere.
!A High School Intervention initiative was proposed with initial
funding of $1.2 billion.
!A High School Assessments initiative was proposed with initial
funding of $250 million.
!A Teacher Incentive Fund initiative was proposed with initial
funding of $500 million.
Along with the increases proposed above, the President’s FY2006 budget would
have decreased funding for several programs and eliminated funding for others. The
March 16, 2005 table of the House Committee on Appropriations listed 38 line items
for education programs that were funded for FY2005 but with no FY2006 funds
requested; the ED Budget Service published a more detailed list with 48 programs
that were funded in FY2005 but with no FY2006 funds requested, at
[ h t t p ://www.ed.gov/about/overview/bud ge t / budget06/summary/edlite-section3.html] .
!The Fund for the Improvement of Education (FIE), funded at $414
million in FY2005, would have been reduced by $258 million.
!Adult Education, funded at $585 million in FY2005, would have
been reduced by $369 million.
!The Fund for the Improvement of Postsecondary Education (FIPSE),
funded at $162 million in FY2005, would have been decreased by
$140 million.
!TRIO programs, funded at $837 million in FY2005, would have
been reduced by $468 million.
!The Even Start program, funded at $225 million in FY2005, would
have been terminated.
!Comprehensive School Reform, funded at $205 million in FY2005,
would have been eliminated.
!Educational Technology State Grants, funded at $496 million in
FY2005, would have been eliminated.
!Safe and Drug-Free Schools State Grants, funded at $437 million in
FY2005, would have been eliminated.
!The Perkins Vocational Education program, funded at $1.3 billion
in FY2005, would have been terminated.
!GEAR UP, funded at $306 million in FY2005, would have been
eliminated.



House Bill. For ED programs, the House bill differed from the President’s
budget request in several respects.
!ESEA programs in aggregate would have received $23.6 billion
under the House bill, $1.8 billion less than requested; they were
funded at $24.4 billion in FY2005.
!The ESEA Title I, Part A Grants to LEAs program would have
received $12.8 billion from the House bill, $502 million less than
requested; it received $12.7 billion in FY2005.
!Even Start would have received $200 million; no funds were
requested. It received $225 million in FY2005.
!Striving Readers would have received $30 million, $170 million less
than requested; the program was funded at $25 million in FY2005.
!The High School Intervention initiative would not have been funded;
$1.2 billion was requested.
!Educational Technology State Grants would have been funded at
$300 million; no funds were requested. The program received $496
million in FY2005.
!The High School Assessments initiative would not have been
funded; $250 million was requested.
!FIE would have received $27 million, $129 million less than
requested; it received $414 million in FY2005.
!The Teacher Incentive Fund initiative would have received $100
million, $400 million less than requested; no funds were provided in
FY2005.
!Safe and Drug-Free Schools State Grants would have received $400
million; no funds were requested. The program received $437
million in FY2005.
!The Special Education Part B Grants to States program under IDEA
would have received $10.7 billion, $358 million less than requested;
the program was funded at $10.6 billion in FY2005.
!The Perkins Vocational Education program would have received
$1.3 billion; no funds were requested. It was funded at $1.3 billion
in FY2005.
!Adult Education would have received $585 million, $369 million
more than requested; it was funded at $585 million in FY2005.
!Pell Grants would have received $13.4 billion, $184 million more
than requested; it received $12.4 billion in FY2005.
!The Pell Grants accumulated shortfall from prior year awards,
currently estimated at $4.3 billion, would have been retired under the
provisions of §305 of the House bill, pursuant to §303 of
H.Con.Res. 95, the FY2006 congressional budget resolution — see
discussion below on the funding of Pell Grants.
!Student Aid Administrative Costs would have received $124
million, $815 million less than requested; it was funded at $119
million in FY2005. The House bill did not agree to the budget
proposal to unify student aid administrative activities in a single
account, nor did it agree to the consolidation of related expenses
currently counted elsewhere for a proposed savings of $625 million.



!TRIO programs would have received $837 million; $468 million
more than requested. TRIO was funded at $837 million in FY2005.
!GEAR UP would have received $306 million; no funds were
requested. It received $306 million in FY2005.
Senate Bill. For ED programs, the Senate bill differed from the House bill by
at least $100 million for several programs.
!Even Start would not have been funded; the House bill would have
provided $200 million. No funds were requested; $225 million was
provided in FY2005.
!Educational Technology State Grants would have received $425
million, $125 million more than the House amount. No funds were
requested; $496 million was provided in FY2005.
!FIE would have received $387 million, $360 million more than the
House amount. The request was for $156 million; $414 million was
provided in FY2005.
!The Teacher Incentive Fund initiative would not have been funded;
the House would have provided $100 million. The request was for
$500 million to initiate this activity.
!Safe and Drug-Free Schools State Grants would have been funded
at $300 million, $100 million less than the House amount. No funds
were requested; $437 million was provided in FY2005.
!Pell Grants would have received $13.2 billion, $206 million less
than the House amount. The request was for $13.2 billion; $12.4
billion was provided in FY2005.
!FIPSE would have been funded at $157 million, $108 million more
than the House amount. The request was for $22 million; $162
million was provided in FY2005.
Public Law. The conference agreement, as enacted, changed discretionary
spending by at least $100 million for several ED programs, compared to the FY2005
funding levels.
!ESEA programs in aggregate received $23.6 billion, $1.8 billion less
than requested and $780 million less than the FY2005 amount of
$24.4 billion.
!ESEA Title I Part A Grants to LEAs received $12.8 billion, $502
million less than requested but $100 million more than the FY2005
amount of $12.7 billion.
!Comprehensive School Reform were funded at $8 million, $197
million less than the FY2005 amount of $205 million; no funds were
requested.
!Educational Technology State Grants received $275 million, $221
million less than the FY2005 amount of $496 million; no funds were
requested.
!FIE received $160 million, $4 million more than requested but $254
million less than the FY2005 amount of $414 million.
!The Teacher Incentive Fund initiative received $100 million, $400
million less than requested; no funds were provided in FY2005.



However, two other major education initiatives that were proposed
in the FY2006 budget request were not funded — a $1.2 billion
High School Intervention initiative and a $250 million High School
Assessments initiative.
!IDEA Part B Grants to States received $10.7 billion, $408 million
less than requested but $100 million more than the FY2005 amount
of $10.6 billion.
!Pell Grants received $13.2 billion, $22 million less than requested
but $812 million more than the FY2005 amount of $12.4 billion.
!The Pell Grants accumulated shortfall, currently estimated at $4.3
billion, was retired under §305 of the conference agreement,
pursuant to §303 of H.Con.Res. 95, the FY2006 congressional
budget resolution.
!FIPSE received $22 million, the same as the request but $140
million less than the FY2005 amount of $162 million.
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. The FY2005 appropriation was $9.1 billion less than the amount
authorized for the five ESEA programs for which a FY2005 authorization is
specified. For FY2006, these five programs were funded at a level $12.0 billion
below the authorized level (after adjustment for the 1% rescission). 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 levels
of authorization generally have been funded at lower levels; few have been funded
at levels equal to or higher than the specified authorization amount. For additional
information, please see CRS Report RL33058, K-12 Education Programs: Recent
Appropriations.
IDEA Funding Shortfall? From 1975 to 2004, the IDEA 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 through 21 that each state serves. Appropriations have never been
sufficient to reach the 40% level. In 2004, Congress addressed the authorization
issue in P.L. 108-446, which specified authorization ceilings for Part B Grants to
States for FY2005 through FY2011. The Part B Grants to States authorization was
$12.4 billion for FY2005 and $14.6 billion for FY2006. The FY2005 appropriation
was $10.6 billion, or $1.8 billion less than the authorization. The FY2006
appropriation was $10.6 billion (after adjustment for the 1% rescission), or $4.0



billion less than the authorization. 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 appropriation ceilings. For additional
information, please see CRS Report RL32085, Individuals with Disabilities
Education Act (IDEA): Current Funding Trends.
Pell Grants. The funding level for Pell Grants has been a continuing issue.
The program provides assistance to eligible undergraduate students based on
financial need. Aggregate program costs depend largely on the maximum award and
the number of eligible recipients. The maximum award is currently set when
appropriations are enacted, which is usually before the start of the program year. The
exact number and total amount of the Pell Grant awards cannot be determined until
all students have claimed an award. Generally, the number of recipients and the
amount of the awards are not reconciled until the end of the program year, which
occurs after the following year’s appropriations have been enacted. Appropriations
for Pell Grants make funds available for two full fiscal years to provide
administrative flexibility regarding potential shortfalls and surpluses. If the cost of
the Pell Grant program exceeds the current fiscal year’s appropriation, the shortfall
is covered by using appropriated monies from the next fiscal year. Similarly, a
surplus can be carried forward and used in the following year. As of January 4, 2006,
the ED Budget Service has estimated that the FY2005 shortfall will be $4.3 billion.
For FY2006, the Administration proposed legislation that would recall the federal
share of the Perkins Loan program and use $4.3 billion of the proceeds to eliminate
the current Pell Grant shortfall. P.L. 109-149 continued funding for the Perkins Loan
program, and §305 of P.L. 109-149 appropriated $4.3 billion to eliminate the
shortfall. For additional information, please see CRS Report RL31668, Federal Pell
Grant Program of the Higher Education Act: Background and Reauthorization.
Forward Funding and Advance Appropriations. Most appropriations
are available for obligation during the federal fiscal year of the appropriations bill.
For example, most FY2006 appropriations will be available for obligation from
October 1, 2005, through September 30, 2006. 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, FY2006 appropriations
for some programs will became available for obligation to the states on July 1, 2006,
and will remain available until September 30, 2007. 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 FY2006 appropriations will be used primarily to support grants for



the 2006-2007 academic year. Unlike elementary and secondary education programs,
however, the funds for Pell Grants remain available for obligation for two full fiscal
years, as discussed above.
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 FY2006 appropriations, funds normally would have become available
October 1, 2005, under regular funding provisions, but will not become available
until July 1, 2006, under the forward funding provisions discussed above. However,
if the July 1, 2006 forward funding date were to be postponed for obligation by three
months — until October 1, 2006 — the appropriation would be reclassified as an
advance appropriation since the funds would become available only in a subsequent
fiscal year, FY2007. For example, the FY2006 budget request for Title I, Part A
Grants to LEAs for the Education for the Disadvantaged was $13.3 billion. This
amount includes not only forward funding of $5.9 billion (to become available July
1, 2006), but also an advance appropriation of $7.4 billion (to become available
October 1, 2006). 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 additional information, please see CRS Report RS20441,
Advance Appropriations, Forward Funding, and Advance Funding, and CRS Report

98-720, Manual on the Federal Budget Process.


CRS Products
CRS Report RL32867, Adult Education and Literacy: Overview and
Reauthorization Proposals of the 109th Congress, by Paul M. Irwin.
CRS Report RL31618, Campus-Based Student Financial Aid Programs Under the
Higher Education Act, by David Smole.
CRS Report RL31747, The Carl D. Perkins Vocational and Technical Education Act
of 1998: Background and Implementation, by Rebecca R. Skinner and Richard
N. Apling.
CRS Report RL31487, Education for the Disadvantaged: Overview of ESEA Title
I-A Amendments Under the No Child Left Behind Act, by Wayne Riddle.
CRS Report RS21483, Education Technology Programs, Title II, Part D of the
Elementary and Secondary Education Act, by Charmaine Mercer.
CRS Report RL30448, Even Start Family Literacy Programs: An Overview, by Gail
McCallion and Wayne Riddle.



CRS Report RL31668, Federal Pell Grant Program of the Higher Education Act:
Background and Reauthorization, by Charmaine Mercer.
CRS Report RL31885, Impact Aid for Public K-12 Education: General Overview
and Current Status, by Rebecca R. Skinner and Richard A. Apling.
CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current
Funding Trends, by Richard N. Apling.
CRS Report RS22138, The Individuals with Disabilities Education Act (IDEA):
Overview of P.L. 108-446, by Nancy Lee Jones and Richard Apling.
CRS Report RL33058, K-12 Education Programs: Recent Appropriations, by Paul
M. Irwin.
CRS Report RL32923, Federal Pell Grants: Implications of Increasing the
Maximum Award, by Charmaine Mercer.
CRS Report RL31241, Reading First and Early Reading First: Background and
Funding, by Gail McCallion.
CRS Report RS20532, The Safe and Drug-Free Schools and Communities Act:
Reauthorization and Appropriations, by Edith Fairman Cooper.
CRS Report RL31622, Trio and GEAR UP Programs: Status and Issues, by Jeffrey
J. Kuenzi.
CRS Report RL31240, 21st Century Community Learning Centers in P.L. 107-110:
Background and Funding, by Gail McCallion.
CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance
Funding, by Sandy Streeter.
CRS Report 98-720, Manual on the Federal Budget Process, by Robert Keith and
Allen Schick.
Websites
Department of Education
[ http://www.ed.gov/index .jhtml]
[ http://www.ed.gov/about/overview/budget/budget06/index .html]
Detailed Appropriations Table
Table 11 shows the appropriations details for offices and major programs of
ED.



Table 11. Detailed Department of Education Appropriations
($ in millions)
FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Total Elementary and Secondary$24,353$25,327$23,550$23,595$23,573
Education Act (non-add)
Title I, Part A Education for the12,74013,34212,84012,84012,840
Disadvantaged, Grants to LEAs
Even Start22502000100
Reading First State Grants1,0421,0421,0421,0421,042
Striving Readers25200303530
Hgh Schol Intervntio01,240000
Comprehensive School Reform20501008
Education for the Disadvantaged,607607607616607
other
Impact Aid1,2441,2411,2411,2411,241
Teacher Quality State Grants2,9172,9172,9172,9172,917
Mathematics and Science179269190179184
P artnerships
Innovative Education Block Grant198100198100100
Educational Technology State4960300425275
Grants
21st Century Community Learning991991991991991
Ce nte r s
State Assessments412412412412412
High School Assessments Initiative0250000
Rural Education171171171171171
School Improvement, other256222215263259
Indian Education120120120120120
Charter School Grants217219217217217
Fund for the Improvement of41415627387160
Education general funds (FIE)
Teacher Incentive Fund initiative05001000100
Innovation and Improvement, other462433365435469
Safe and Drug-Free Schools State4370400300350
Grants
Safe Schools and Citizenship, other397397364397387
English Language Acquisition State676676676683676
Grants
IDEA Special Education, Part B,10,59011,09810,74010,69010,690
Grants to States
IDEA Special Education, other1,0841,0281,0741,0851,081
Vocational Rehabilitation State2,6362,7202,7202,7202,720
Grants (mandatory)
Rehabilitation Services, other439339409414409
Special Institutions for Persons177176181184183
With Disabilities
Perkins Vocational Education1,32601,3121,3091,309
Adult Education585216585589585
Vocational and Adult, other12709529118



FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Student Financial Aid
Pell Grants, maximum award (in4,0504,0504,1004,0504,050
dollars, non-add) (a)
Pell Grants12,36513,19913,38313,17713,177
Enhaced Pel Grants033000
Pell Grants accumulated shortfall004,3004,3004,300
elimination, §305 (mandatory) (b)
Supplemental Educational779779779805779
Opportunity Grants
Federal Work-Study990990990990990
Federal Perkins Loans660666666
Math and Scec Scholars050000
Leveraging Educational Assistance60666666
Partnership (LEAP)
Student Aid Administrative Costs119939124120120
Direct Student Loan0-625000
Reclassification proposal
Short-erm Traig Loans011000
Office of Postsecondary Education (OPE)
Aid for Institutional Development508506506516511
Fund for the Improvement of162224915722
Postsecondary Education (FIPSE)
TRIO Programs837369837842837
GEAR UP3060306306306
Higher Education, other304305239292295
Howard University239239241239240
Institute of Education Sciences523479523530523
Departmental Management556560551553556
TOTALS, DEPARTMENT OF EDUCATION
Total Appropriations (b, c)59,21358,93963,70763,75063,538
Current year funding44,19143,91748,68548,71648,505
One-year advance funding15,02215,02215,02215,03415,034
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut required for most discretionary programs (see page 12).
a. The Administration made a separate proposal as a part of the reauthorization of the Higher
Education Act of 1965 (HEA) to increase the Pell Grants maximum award by $100 in FY2006.
b. The Administration proposed an appropriation of $4.3 billion to eliminate the estimated Pell Grants
shortfall as part of the HEA reauthorization proposal. Section 305 of the House and Senate bills
would have appropriated, and Section 305 of P.L. 109-149 did appropriate, a mandatory
appropriation of $4.3 billion to eliminate the estimated Pell Grants shortfall; these amounts are
shown in the table and its totals.
c. Appropriations totals include discretionary and mandatory funds, and are subject to additional
scorekeeping and other adjustments.



Related Agencies
FY2005 discretionary appropriations for L-HHS-ED related agencies were $11.1
billion. For FY2006, the budget request was $11.2 billion, $0.1 billion (1.0%) more
than the FY2005 amount, as shown in Table 12. The House bill would have
provided $11.5 billion for related agency discretionary activities in FY2006, and the
Senate bill would have provided $11.7 billion. The FY2006 conference agreement,
as enacted, provided $11.5 billion in discretionary funding prior to the 1% cut
required by P.L. 109-148 (see page 12).
Table 12. Related Agencies Discretionary Appropriations
($ in billions)
FY2005 FY2006 FY2006 FY2006 FY2006
F unding enacted request House Sena t e conf.
Appropriations$11.1$11.2 $11.5 $11.7 $11.5
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut for most discretionary programs that is required by P.L.
109-148 (see page 12). FY2005 amounts are post-rescission (see page 49) and based on P.L. 108-447.
Amounts represent discretionary programs funded by L-HHS-ED appropriations; funds for mandatory
programs are excluded.
Mandatory programs for related agencies included in the L-HHS-ED bill were
funded at $36.6 billion in FY2005, virtually all of it for the Supplemental Security
Income (SSI) program.
Key Issues
President’s Request. The President’s FY2006 budget for related agencies
would have changed discretionary spending by at least $100 million for several
programs.
!Social Security Administration (SSA) Administrative Expenses,
funded at $5.7 billion in FY2005, would have been increased by
$748 million under the President’s FY2006 budget request.
!The SSA Medicare Reform Fund to begin implementation of the
Medicare prescription drug program enacted by P.L. 108-173,
funded at $446 million in FY2005, would have been eliminated;
funding for the continuing responsibilities of SSA for Medicare are
required to be counted under regular SSA Administrative Expenses
beginning in FY2006.
!The Corporation for Public Broadcasting (CPB) has been provided
with a two-year advance appropriation in recent years; however, the
President’s FY2006 budget did not request FY2008 funds for CPB.
The CPB has been funded at $400 million for FY2007 (enacted as
part of the FY2005 L-HHS-ED appropriations), $400 million for
FY2006 (enacted in FY2004), and $387 million for FY2005
(enacted in FY2003).



House Bill. For the related agencies of the L-HHS-ED bill, the House bill
differed from the President’s budget request in several respects.
!SSA Administrative Expenses would have received $6.4 billion
under the House bill, $108 million less than requested; these
activities were funded at $5.7 billion in FY2005.
!The CPB two-year advance appropriation for FY2008 would have
been funded at $400 billion under the House bill; no funds were
requested. The FY2007 amount (enacted in the FY2005 L-HHS-ED
appropriations) is $400 million.
!The House bill would have made no changes to the FY2006 CPB
appropriation of $400 million. A rescission of $10 million was
requested. The House bill, as reported by committee, would have
made an FY2006 rescission of $100 million.
Senate Bill. For the related agencies, the Senate bill differed from the House
bill by at least $100 million for two programs.
!Supplemental Security Income (SSI) discretionary activities would
have received $2.7 billion, $187 million less than the House amount.
The request was for $2.9 billion; $3.0 billion was provided in
FY2005.
!SSA Administrative Expenses would have received $6.6 billion,
$236 million more than the House amount. The request was for $6.5
billion; $5.7 billion was provided in FY2005.
Public Law. The FY2006 conference agreement, as enacted, changed
discretionary spending by at least $100 million for two programs of the related
agencies, compared to the FY2005 funding levels.
!SSI discretionary activities received $2.7 billion, $164 million less
than requested and $254 million less than the FY2005 amount of
$3.0 billion.
!SSA Administrative Expenses received $6.5 billion, $25 million less
than requested but $723 million more than the FY2005 amount of
$5.7 billion.
CRS Products
CRS Report RS20420, AmeriCorps and Other Service Programs: Description and
Funding Levels, by Ann Lordeman.
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 Issue Brief IB98048, Social Security Reform, by Dawn Nuschler.
CRS Report 94-486, Supplemental Security Income (SSI): A Fact Sheet, by April
Grady.
CRS Report RS20419, VISTA and the Senior Volunteer Service Corps: Description
and Funding Levels, by Ann Lordeman.



Websites
Note: Not all of the websites for the related agencies of L-HHS-ED appropriations
include FY2006 budget information.
Committee for Purchase From People Who Are Blind or Severely Disabled
[ http://www.jwod.gov/jwod/index .html]
Corporation for National and Community Service
[ http://www.cns.gov]
[ http://www.cns.gov/about/budget/index .html]
Corporation for Public Broadcasting
[ h ttp://www.cpb.org]
[ http://www.cpb.org/ about/funding/appropriation.html]
Federal Mediation and Conciliation Service
[ http://www.fmcs.gov/internet/]
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
[ h ttp://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
[ h ttp://www.nlrb.gov/nlrb/home/default.asp]
National Mediation Board
[ http://www.nmb.gov/]
Occupational Health and Safety Review Commission
[ http://www.oshrc.gov/]
Railroad Retirement Board
[ h ttp://www.rrb.gov]
[ http://www.rrb.gov/BFO/J ustbudgettoc06.htm]
Social Security Administration
[ http://www.ssa.gov]
[ http://www.ssa.gov/budget/]



Detailed Appropriations Table
Table 13 shows the appropriations details for offices and major programs of the
L-HHS-ED related agencies.
Table 13. Detailed Related Agencies Appropriations
($ in millions)
FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
Committee for Purchase From
People Who Are Blind or$5$5$5$5$5
Severely Disabled
Corporation for National and Community Service (CNCS) (a)
CNCS Domestic Volunteer Service Programs (DVSP)
Volunteers in Service to America9496969696
(VIST A)
National Senior Volunteer Corps216220220220220
DVSP, other44444200
DVSP subtotal354360358316316
CNCS National and Community Service Programs (NCSP)
National Service Trust143146146149140
AmeriCorps Grants288275268280268
NCSP, other111107104117112
NCSP subtotal542528518546520
CNCS, other 3133337373
CNCS subtotal927921909935909
Corporation for Public
Broadcasting (CPB), two-year4000400400400
Advance for FY2008 (current
request) with FY2007 comparable
CPB advance for FY2007 with 4000400400400
FY2006 comparable (non-add)
CPB advance for FY2006 with3870400400400
FY2005 comparable (non-add)
CPB rescission of FY2006 funds0-10000
(non-add)
CPB Digitalization Program39003530
CPB Interconnection40004035
Federal Mediation and4442424343
Conciliation Service
Federal Mine Safety and Health88888
Review Committee
Institute of Museum and Library281262250290250
Services (IMLS)
Medicare Payment Advisory1010101010


C o mmi s s i o n

FY2005 FY2006 FY2006 FY2006 FY2006
Office or major programenactedrequestHouseSenateconf.
National Commission on11111
Libraries and Information Science
National Council on Disability33333
National Labor Relations Board250252252252252
National Mediation Board1212121212
Occupational Safety and Health1111111111
Review Commission
Railroad Retirement Board209200200200200
Social Security Administration (SSA) (b)
SSA Payments to Social Security2020202020
Trust Fund (mandatory)
SSA Supplemental Security36,53037,74637,74637,74637,746
Income (SSI) (mandatory)
SSA SSI, Discretionary2,9872,8972,8972,7102,733
SSA Administrative Expenses5,7436,4916,3836,6196,466
SSA Medicare Reform Startup460000
Funding (non-add) (c)
SA Ofice of Inspector Genral9093939392
SSA subtotal45,37147,24847,13947,18947,058
TOTALS, RELATED AGENCIES
Total appropriations (d)47,61048,97449,24149,43449,226
Current year funding36,28037,86437,73137,92437,717
One-year advance funding10,93011,11011,11011,11011,100
Two-year advance funding4000400400400
Source: Amounts are based on the FY2006 conference report H.Rept. 109-337, Dec. 13, 2005;
conference amounts do not reflect the 1% cut required for most discretionary programs (see page 12).
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 are funded in L-HHS-ED in FY2006.
b. The operation of the Social Security trust funds is considered off-budget, but the Social Security
Administration (SSA) Supplemental Security Income (SSI) program, SSA Administrative
Expenses, and certain related SSA activities are included under L-HHS-ED related agencies.
c. SSA Medicare Reform Funding startup costs were separately funded in FY2005; such activities are
combined under the regular SSA Administrative Expenses starting in FY2006.
d. Appropriations totals include discretionary and mandatory funds, and are subject to additional
scorekeeping and other adjustments.



Related Legislation
Several proposals related to L-HHS-ED appropriations have been considered byth
the 109 Congress, including a series of FY2006 continuing resolutions, the FY2006
budget resolution, and FY2006 and FY2005 supplemental appropriations. FY2005
L-HHS-ED appropriations were provided by the Consolidated Appropriations Act,
2005 (P.L. 108-447), which was enacted by the 108th Congress following a series of
three FY2005 continuing resolutions (P.L. 108-309).
FY2006 Continuing Resolution, P.L. 109-77 (H.J.Res. 68)
A series of three continuing resolutions — P.L. 109-77, P.L. 109-105, and P.L.
109-128 — provided temporary FY2006 appropriations for most ongoing L-HHS-ED
activities, including the costs of direct loans and loan guarantees, for the period
October 1 through December 30, 2005. An FY2006 continuing resolution was
necessary because the regular L-HHS-ED appropriations were not enacted by the start
of FY2006 on October 1, 2005.
Under the FY2006 continuing resolution, the funding level for each activity was
provided at a rate of operations not to exceed the “current rate” or the rate permitted
in the House-passed version of the FY2006 L-HHS-ED appropriations, whichever
is lower, under FY2005 conditions and authority — with one exception: if an
activity was zeroed out in the House-passed bill for FY2006, the funding level was
not allowed to exceed the current rate [§101(d)]. New initiatives were prohibited
unless otherwise authorized. 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 FY2006 funding decisions. Obligations for mandatory
payments were allowed for payments due on or about November 1, 2005; December
1, 2005; and January 1, 2006 [§114(b)]. Special provisions were made for funding
certain appeals for Medicare (§120) and Social Security (§118). The amounts that
would have been provided by the Senate-passed version of L-HHS-ED appropriations
were excluded from the funding calculations under the continuing resolution because
they were not passed by October 1, 2005. For additional information, please see CRS
Report RL30343, Continuing Appropriations Acts: Brief Overview of Recent
Practices, by Sandy Streeter.
!1st Continuing Resolution, P.L. 109-77 (H.J.Res. 68), provided
temporary appropriations for the period October 1, 2005, through
November 18, 2005, as long as regular appropriations were not
enacted sooner (§107 of P.L. 109-77). H.J.Res. 68 was passed by
the House on September 29 and by the Senate on September 30, and
signed into law by the President on September 30, 2005, as P.L.

109-77.


!2nd Continuing Resolution, P.L. 109-105 (H.J.Res. 72), extended
the provisions of P.L. 109-77 through December 17, 2005. H.J.Res.
72 was passed by the House on October 17 and by the Senate on
October 18, and signed into law by the President on October 19,

2005, as P.L. 109-105.


!3rd Continuing Resolution, P.L. 109-128 (H.J.Res. 75), extended
the provisions of P.L. 109-77 through December 31, 2005. H.J.Res.



75 was passed by the House and the Senate on December 17, 2005,


and signed into law by the President on December 18, 2005, as P.L.

109-128.


FY2006 Supplemental Appropriations,
P.L. 109-148 (H.R. 2863)
FY2006 supplemental appropriations were enacted as a part of P.L. 109-148
(H.R. 2863, H.Rept. 109-359), the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and
Pandemic Influenza Act, 2006. In particular, Division B of P.L. 109-148, the
Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of
Mexico and Pandemic Influenza, 2006, includes both (a) disaster assistance for areas
damaged by 2005 hurricanes ($29.0 billion) and (b) avian and pandemic influenza
preparedness ($3.8 billion), as well as various rescissions including the 1% rescission
applicable to most FY2006 discretionary appropriations (see page 12). For additional
information on emergency assistance, please see CRS Report RL33053, Federal
Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and
Funding, by Keith Bea; for information on pandemic influenza, please see CRS
Report RL33145, Pandemic Influenza: Domestic Preparedness Efforts, by Sarah A.
Lister.
For L-HHS-ED activities, P.L. 109-148 appropriated $2.5 billion for hurricane
disaster assistance and $3.3 billion for influenza preparedness and response. These
amounts are not included in the FY2006 appropriations discussed in other parts of
this report. All FY2006 L-HHS-ED supplemental appropriations were classified as
emergency funding and are therefore not subject to the 1% rescission applicable to
most FY2006 discretionary appropriations. The supplemental L-HHS-ED emergency
funds were allocated as follows:
!DOL, Training and Employment Services, national emergency
grants, $125 million;
!HHS, Social Services Block Grant, social and health care services
and facilities, $550 million;
!HHS, Children and Family Services, Head Start, services for
displaced children, $90 million;
!ED, Elementary and Secondary, assistance to restart school
operations and reimburse states, $750 million;
!ED, Homeless Education, assistance for displaced children and
youth, $5 million;
!ED, Elementary and Secondary, grants for temporary emergency
impact aid for displaced students, $645 million;
!ED, Higher Education, grants for college students and institutions
for “unanticipated expenses,” $200 million;
!HHS, Public Health and Social Services Emergency Fund, influenza
preparedness and response, $3.1 billion, including $350 million for
upgrading state and local capacity and $50 million for laboratory
capacity and research at the CDC;
!DOL and HHS, expenses related to 9/11 terrorist attacks, $50
million for New York State Uninsured Employers Fund and $75



million for the CDC (§5011, P.L. 109-148) — according to the
conferees (H.Rept. 109-359, page 530), this supplemental replaces
funds rescinded by P.L. 109-149; and
!HHS, Public Health and Social Services Emergency Fund, influenza
preparedness and response for international activities and activities
in foreign countries, $246 million, including $150 million for the
CDC for global and domestic disease surveillance, laboratory
diagnostics, rapid response, and quarantine.
FY2006 Budget Resolution, H.Con.Res. 95/S.Con.Res. 18
The annual concurrent resolution on the budget sets forth the congressional
budget.1 Among other provisions, the conference agreement on the FY2006
resolution, H.Con.Res. 95 (H.Rept. 109-62), proposes total discretionary budget
authority of $843 billion; of this amount, $391 billion is provided for discretionary
programs other than for defense and homeland security, according to the April 28,

2005 summary prepared by the majority staff of the House Committee on the Budget.


The FY2006 discretionary ceiling represents an increase of 2.1% relative to the
FY2005 discretionary total of $840 billion; the subtotal for programs other than
defense and homeland security represents a 0.8% reduction. Report language
outlines the funding assumptions made for selected programs that might be used to
reach the spending targets. The FY2006 budget resolution does not specify a
discretionary funding total for L-HHS-ED programs, nor amounts for individual
departments, agencies, and programs; these specific amounts are only determined
through the enactment of L-HHS-ED appropriations.
Table 14 shows the assumed levels of discretionary budget authority for budget
functions relevant to L-HHS-ED programs from the FY2006 resolution. The budget
resolution includes reserve funds for, among other purposes: the Family Opportunity
Act for Medicaid coverage for the families of disabled children (§302); elimination
of the shortfall for Pell Grants (§303); health care costs and services for the uninsured
(§304); health information technology and performance-based measures to improve
health care (§306); safe imports of prescription drugs (§309); and restoration of
SCHIP funds (§310). The reserve fund for Pell Grants allows $4.3 billion in new
budget authority for FY2006; other reserve provisions prohibit increases in the
federal deficit that might result from legislation to implement such provisions.
The FY2006 budget resolution instructs authorizing committees to report
legislation to reduce mandatory spending for the period FY2006 through FY2010
(§201 for the House, §202 for the Senate). Subsequently, these proposals would be


1 The annual congressional budget resolution sets aggregate budget goals, including total
budget authority, outlays, revenues, and deficits or surpluses. A budget resolution sets
spending targets for functional categories of the budget; it also may specify a budget
reconciliation process for the modification of mandatory spending limits and tax cut
legislation, if any. House and Senate committees initiate and report legislation to achieve
these targets. Typically, appropriations committees meet the discretionary spending targets
through appropriations bills. Likewise, authorizing committees develop proposals to meet
mandatory targets; these proposals are often reported from separate committees and
combined into one or more omnibus reconciliation bills.

combined in a single reconciliation bill by the budget committees. The House
Committee on Education and the Workforce is responsible for a reduction of $1.0
billion for FY2006 and $12.7 billion for FY2006 through FY2010; the Senate
Committee on Health, Education, Labor, and Pensions (HELP) is responsible for
$1.2 billion for FY2006 and $13.7 billion for FY2006 through FY2010. Two other
committees include L-HHS-ED programs in their jurisdiction: the House Committee
on Ways and Means is responsible for a reduction of $0.3 billion for FY2006 and
$1.0 billion for FY2006 through FY2010; and the Senate Committee on Finance is
responsible for $10.0 billion for FY2006 through FY2010.
Table 14. Budget Authority Assumed in the FY2006 Budget
Resolution
($ in millions)
FY2006
FY2005conference on
Budget functions most relevant tocomparablethe budgetDifference
discretionary L-HHS-ED programsdiscretionaryresolution,
authority discretionary
authority
500: Education, Training, Employment,$79,556$79,139-$417
and Social Services
550: Health54,36850,912-3,456
570: Medicare4,0005,0611,061
600: Income Security46,05647,2561,200
650: Social Security4,4264,576150
Federal discretionary budget authority,
total for all functions, including those$840,036$843,000$2,964
shown above
Source: Amounts are based on a table in the joint explanatory statement of the committee of
conference on the FY2006 budget resolution, H.Con.Res. 95 (H.Rept. 109-62).
H.Con.Res. 95 (H.Rept. 109-17) was passed by the House on March 17, 2005
(Roll Call no. 88, 218-214). S.Con.Res. 18 (without written report) was passed by
the Senate on March 17 (Roll Call no. 81, 51-49). On April 4, the Senate agreed to
H.Con.Res. 95 with an amendment by unanimous consent. A conference report on
H.Con.Res. 95, H.Rept. 109-62, was filed and passed by the House (Roll Call no.
149, 214-211) and passed by the Senate (Roll Call no. 114, 52-47); all actions took
place on April 28, 2005. For additional information, please see CRS Report
RL32812, The Budget for Fiscal Year 2006, by Philip D. Winters. For procedural
information, please see CRS Report 98-721, Introduction to the Federal Budget
Process, by Robert Keith and Allen Schick.
FY2005 Omnibus Appropriations, P.L. 108-447 (H.R. 4818)
Regular FY2005 funding for L-HHS-ED activities was enacted late in the
second session of the 108th Congress, more than two months after the start of FY2005



on October 1, 2004. Eight of the 13 regular FY2005 appropriations bills were
combined into a single omnibus bill, H.R. 4818; Division F of the omnibus provided
appropriations for L-HHS-ED programs. A series of three continuing resolutions,
P.L. 108-309 (H.J.Res. 107), plus two amendments to it, provided temporary FY2005
funding for most L-HHS-ED programs until regular funding was enacted.
The H.R. 4818 conference report, H.Rept. 108-792, was passed by the House
(Roll Call No. 542, 344-51, with 1 present) and by the Senate (Roll Call No. 215, 65-

30) on November 19, 2004. It was signed into law by the President on December 8,


2005, as P.L. 108-447, the Consolidated Appropriations Act, 2005. For a guide to
the FY2005 omnibus bill, please see CRS Report RS21983, FY2005 Consolidated
Appropriations Act: Reference Guide, by Robert Keith. For information on the
FY2005 L-HHS-ED appropriations, please see CRS Report RL32303,
Appropriations for FY2005: Labor, Health and Human Services, and Education, by
Paul M. Irwin.
“Across-the-Board” Reductions for FY2005. In an effort to meet the
overall spending limitations requested by the President, the H.R. 4818 conferees
required a rescission to some appropriations from what would have been provided
otherwise. This provision was specified in §122 of Division J of P.L. 108-447. It
required a decrease of 0.80% in FY2005 discretionary appropriations for each
program, project, or activity, whether enacted in P.L. 108-447 or in other
appropriations. Discretionary funds from Defense, Military Construction, and
Homeland Security appropriations were excluded, as were all FY2005 supplemental
appropriations. Advance appropriations enacted through P.L. 108-447 for FY2006
or beyond were excluded as well. The rescission was estimated to save
approximately $3.5 billion; for additional information, please see CRS Report
RS21983, FY2005 Consolidated Appropriations Act: Reference Guide, by Robert
Keith.
P.L. 108-447 required several reductions other than the 0.80% cut described
above. One reduction was germane to L-HHS-ED appropriations; §519 of the
L-HHS-ED part of the bill required an $18 million reduction in L-HHS-ED
administrative expenses. Congress did not specify the actual amounts of these
reductions but merely the process for their calculation. The application of these
reductions to accounts and line items was to be determined by the Office of
Management and Budget (OMB) and the individual agencies following enactment
of P.L. 108-447. As a result, the tables in the FY2005 conference report, H.Rept.
108-792, show pre-reduction levels, whereas the post-reduction amounts, as
approved by OMB, are incorporated into the tables shown in this report.
FY2005 Supplemental Appropriations, P.L. 109-13 (H.R. 1268)
FY2005 supplemental appropriations of $75.9 billion were enacted in response
to the President’s request for additional funds for military operations in Iraq and
Afghanistan, Tsunami relief and rehabilitation, and other activities. The bill,
H.R.1268 (H.Rept. 109-72) was signed into law on May 11, 2005. Among other
provisions, it provided $10 million for domestically produced vaccines under the
Public Health and Social Services Emergency Fund (PHSSEF) of HHS and $58
million for the purchase of influenza countermeasures for the Strategic National



Stockpile under the Centers for Disease Control and Prevention (CDC). Several
unobligated balances from FY2005 HHS funds were rescinded as an apparent offset
to the $10 million supplemental, along with a rescission of $58 million from
appropriations enacted for the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003. For additional details on the P.L. 109-13 supplemental,
please see CRS Report RL32783, FY2005 Supplemental Appropriations for Iraq and
Afghanistan, Tsunami Relief, and Other Activities, by Amy Belasco and Larry
Nowels.



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 Houses 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.



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://www.house.gov/appropriations_democrats/]
[ http://www.house.gov/budget/]
[ h ttp://www.house.gov/budget_democrats/]
Senate Committees
[http://appropriations.senat e.gov/]
[http://appropriations.senat e.gov/demoinfo/dem oinfo.cfm]
[ h ttp://www.senate.gov/ ~budget/republican/]
[ h ttp://www.senate.gov/ ~budget/democratic/]
Congressional Budget Office (CBO)
[ http://www.cbo.gov]
Congressional Research Service (CRS)
[ http://www.crs.gov/products/appropriations/apppage.shtml]
Government Accountability Office (GAO)
[ http://www.gao.gov/]
Government Printing Office (GPO)
[ h ttp://www.gpoaccess.gov/usbudget/]
Office of Management & Budget (OMB)
[ http://www.whitehouse.gov/omb/budget/index .html]
[ http://www.whitehouse.gov/omb/legi slative/sap/index .html]



Appendix B: Context of L-HHS-ED Appropriations
Budget authority for all federal programs is estimated at $2,477.4 billion for
FY2005. Budget authority for all L-HHS-ED departments and related agencies is
estimated at $1,264.9 billion, or slightly more than half — 51.1% — of the federal
total. Table B.1 shows funding for the major L-HHS-ED agencies and provides
context for the current year discretionary funding provided by L-HHS-ED
appropriations — $142.7 billion, or 5.8% of the federal total in FY2005.
Table B.1. Context of the L-HHS-ED Bill, FY2005
(Estimated current year budget authority in billions of dollars)
Est i ma t e d
budgetPercent of
Budget categoryauthorityfederal budget
Total federal budget authority$2,477.4100.0%
Department of Labor50.72.0%
Department of Health and Human Services581.723.5%
Department of Education71.52.9%
Social Security Administration (On-budget)55.02.2%
Social Security Administration (Off-budget)503.820.3%
Other L-HHS-ED related agencies2.20.1%
L-HHS-ED agency total1,264.951.1%
L-HHS-ED bill, current year mandatory funds354.214.3%
L-HHS-ED bill, current year discretionary funds142.75.8%
L-HHS-ED bill subtotal496.920.1%
L-HHS-ED agency subtotal from other annual bills4.70.2%
L-HHS-ED agency subtotal not from any annual bill763.330.8%
Sources: Budget of the United States Government Historical Tables Fiscal Year 2006, Table 5.2, and
the Mar. 16, 2005 table of the House Committee on Appropriations, which provides details for the
FY2005 L-HHS-ED amounts, adjusted for reductions, that were enacted through P.L. 108-447.
Note: For comparability, this table uses data from the Feb. 2005 OMB budget documents and
comparable L-HHS-ED documents; the data therefore do not include any additional FY2005
adjustments for scorekeeping, entitlements, supplemental appropriations, or rescissions.
Of the $1,264.9 billion for L-HHS-ED agencies, as shown in Table B.1, the
L-HHS-ED appropriations subcommittees generally have effective control only over
the $142.7 billion in discretionary funds, or 5.8% of the total federal budget. What
accounts for the remaining $1,122.2 billion of L-HHS-ED funds?
First, funding for mandatory programs accounts for more than two-thirds of the
L-HHS-ED bill — $354.2 billion, or 14.3% of the FY2005 federal total. Although
appropriations are enacted for these mandatory activities annually — these are
sometimes called “appropriated entitlements” — the amounts provided generally
must be sufficient to cover program obligations and entitlements to beneficiaries.
For these programs, as well as the programs funded through trust funds and



permanent authorities, most changes in funding levels are made through amendments
to authorizing legislation rather than through annual appropriations bills. Federal
administrative costs for these programs typically are subject to annual discretionary
appropriations, however. For L-HHS-ED agencies, these mandatory programs
include Supplemental Security Income, Black Lung Disability payments, Foster Care
and Adoption, the Social Services Block Grant, and Vocational Rehabilitation, as
well as general (non-earmarked) fund support for Medicare and Medicaid.
Second, other appropriations bills account for a small portion of L-HHS-ED
agency funding — $4.7 billion, or 0.2% of the FY2005 federal total. Two HHS
agencies are fully funded by other appropriations bills, and two HHS programs are
partially funded by bills other than L-HHS-ED, as described below. Prior to FY2006,
the Corporation for National and Community Service (CNCS) was partially funded
outside of the L-HHS-ED bill.
!The HHS Food and Drug Administration is funded by the
Agriculture appropriations ($1.5 billion in FY2005).
!The HHS Indian Health Service is funded by the Interior
appropriations ($3.0 billion in FY2005).
!The Centers for Disease Control and Prevention (CDC) is primarily
funded under L-HHS-ED ($4.5 billion in FY2005); it received
FY2005 funds from the Veterans Affairs and Housing and Urban
Development (VA-HUD) appropriations for the Agency for Toxic
Substances and Disease Registry (ATSDR) ($76 million). For
FY2006, Interior appropriations will provide ATSDR funding.
!The National Institutes of Health (NIH) is primarily funded under
L-HHS-ED ($28.4 billion in FY2005); it received FY2005 funds
from VA-HUD appropriations for the National Institute of
Environmental Health Sciences (NIEHS) ($80 million). For
FY2006, Interior appropriations will provide NIEHS funding.
!The CNCS — one of the related L-HHS-ED agencies — was funded
in two separate bills before FY2006. The L-HHS-ED bill funded
programs authorized under the Domestic Volunteer Service Act of
1973 ($354 million in FY2005); the VA-HUD bill funded
AmeriCorps and other programs authorized by the National
Community Service Act and the CNCS Inspector General ($573
million in FY2005). For FY2006, all funding for CNCS activities
will be provided by L-HHS-ED. For purposes of comparability, all
FY2005 CNCS funding has been included in this report as if it had
been appropriated in its entirety through the L-HHS-ED bill.
Third, the remaining L-HHS-ED agency funds — an estimated $763.3 billion,
or 30.8% of the total FY2005 federal budget — are received automatically without
congressional intervention and are funded outside of the annual appropriations
process. These funds are provided from permanent appropriations and trust funds.
The major L-HHS-ED programs in this category include Unemployment
Compensation, Medicare, Railroad Retirement, Temporary Assistance for Needy
Families (TANF, the welfare assistance program), Student Loans, State Children’s
Health Insurance, and Social Security benefits.