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

Labor, Health and Human Services,
and Education: FY2008 Appropriations
Updated February 1, 2008
Pamela W. Smith, Coordinator,
Gerald Mayer, and Rebecca R. Skinner
Domestic Social Policy Division



The annual consideration of appropriations bills (regular, continuing, and supplemental) by
Congress is part of a complex set of budget processes that also encompasses the
consideration of budget resolutions, revenue and debt-limit legislation, other spending
measures, and reconciliation bills. In addition, the operation of programs and the spending
of appropriated funds are subject to constraints established in authorizing statutes.
Congressional action on the budget for a fiscal year usually begins following the submission
of the President’s budget at the beginning of each annual session of Congress.
Congressional practices governing the consideration of appropriations and other budgetary
measures are rooted in the Constitution, the standing rules of the House and Senate, and
statutes, such as the Congressional Budget and Impoundment Control Act of 1974.
This report is a guide to one of the regular appropriations bills that Congress considers each
year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on Labor, Health and Human Services, Education, and
Related Agencies. It summarizes the status of the bill, its scope, major issues, funding
levels, and related congressional activity, and is updated as events warrant. The report lists
the key CRS staff relevant to the issues covered and related CRS products.
NOTE: A Web version of this document with active links is
available to congressional staff at [http://apps.crs.gov/cli/cli.aspx?
P RDS_CLI_ITEM_ID=2347& f r om=3&f romId=73].



Labor, Health and Human Services, and Education:
FY2008 Appropriations
Summary
This report tracks FY2008 appropriations for the Departments of Labor, Health
and Human Services, Education, and Related Agencies (L-HHS-ED). This
legislation provides discretionary funds for three major federal departments and 14
related agencies. The report, which will not be further updated, summarizes
L-HHS-ED discretionary funding issues but not authorization or entitlement issues.
On February 5, 2007, the President submitted the FY2008 budget request to
Congress, including $141.7 billion in discretionary L-HHS-ED funds; the comparable
FY2007 amount was $144.7 billion. The House passed H.R. 3043 (H.Rept. 110-

231), providing $154.2 billion for L-HHS-ED programs. The Senate reported S.


1710 (S.Rept. 110-107), then later passed H.R. 3043, amended, with $152.3 billion
in discretionary funds. The conference report (H.Rept. 110-424), providing $153.3
billion, was vetoed on November 13, 2007; the House failed to override the veto on
November 15. A series of four continuing resolutions provided temporary FY2008
funding until enactment of P.L. 110-161, the Consolidated Appropriations Act, 2008,
on December 26, 2007. Division G of the act provided $148.7 billion for
discretionary L-HHS-ED programs.
Department of Labor (DOL). DOL discretionary appropriations were $11.7
billion for FY2008, an increase of $7 million (0.1%) over funding for FY2007. The
request for FY2008 was $11.0 billion, including a reduction in Workforce Investment
Act (WIA) programs of $632 million. P.L. 110-161 increased funding for WIA by
$52 million over FY2007 funding of $5.1 billion.
Department of Health and Human Services (HHS). HHS discretionary
appropriations were $65.6 billion for FY2008, an increase of $1.5 billion (2.3%) over
the FY2007 level of $64.1 billion. The Administration requested $63.2 billion. The
act increased funding over FY2007 by $77 million for Health Centers, $304 million
for Health Care-Related Facilities and Activities, $329 million for the National
Institutes of Health, and $409 million for the Low-Income Home Energy Assistance
Program (LIHEAP). Funding for Buildings and Facilities at the Centers for Disease
Control and Prevention decreased by $79 million.
Department of Education (ED). ED discretionary appropriations were $59.4
billion for FY2008, an increase of $2.0 billion (3.4%) over funding for FY2007.
Funding for the Elementary and Secondary Education Act (ESEA), reauthorized by
the No Child Left Behind Act (P.L. 107-110), was $24.6 billion for FY2008, an
increase of $1.1 billion over funding for FY2007 and an increase of $99 million over
the FY2008 request of $24.5 billion.
Related Agencies. Discretionary appropriations for L-HHS-ED related
agencies were $12.0 billion for FY2008, an increase of $438 million (3.8%) over the
FY2007 level of $11.5 billion. The Administration requested $11.3 billion. P.L.
110-161 increased funding for Social Security Administration (SSA) administrative
expenses by $451 million for FY2008, up from $9.3 billion for FY2007.



Area of ExpertiseNameTelephone
CoordinatorPamela W. Smith7-7048
Department of Labor (DOL)
DOL appropriations coordinatorGerald Mayer7-7815
Job training and employment servicesBlake Alan Naughton7-0376
Labor market informationLinda Levine7-7756
Labor standards enforcementWilliam G. Whittaker7-7759
Mine Safety and Health AdministrationLinda Levine7-7756
Occupational Safety and Health AdministrationLinda Levine7-7756
Office of Workers Compensation ProgramsScott Szymendera7-0014
Older Americans Act, employment programsAngela Napili7-0135
Kirsten Colello7-7839
Pension and welfare benefitsPatrick Purcell7-7571
Trade adjustment assistanceJohn Topoleski7-2290
Unemployment compensationJulie M. Whittaker7-2587
Veterans employmentChristine Scott7-7366
Workforce Investment ActBlake Alan Naughton7-0376
Department of Health and Human Services (HHS)
HHS appropriations coordinatorPamela W. Smith7-7048
Abortion, legal issuesKaren J. Lewis7-6190
Jon Shimabukuro7-7990
Abortion proceduresJudith A. Johnson7-7077
AIDS, Ryan White programsJudith A. Johnson7-7077
Bioterrorism, HHS fundingSarah Lister7-7320
Cancer researchJudith A. Johnson7-7077
Centers for Disease Control and PreventionSarah A. Lister7-7320
Child care and developmentMelinda Gish7-4618
Child welfareEmilie Stoltzfus7-2324
Adrienne L. Fernandes7-9005
Cloning, stem cell researchJudith A. Johnson7-7077
Erin D. Williams7-4897
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 AdministrationBernice Reyes-Akinbileje7-2260
ImmunizationPamela W. Smith7-7048
Low-Income Home Energy Assistance ProgramLibby Perl7-7806
Maternal and Child Health Block GrantAngela Napili7-0135
MedicaidElicia J. Herz7-1377
MedicareHolly Sue Stockdale7-9553
Needle exchange, AIDSJudith A. Johnson7-7077
NIH, health research policyPamela W. Smith7-7048
Older Americans ActAngela Napili7-0135
Pandemic Influenza/Bird FluSarah A. Lister7-7320
Public Health ServicePamela W. Smith7-7048
Refugee Resettlement AssistanceAndorra Bruno7-7865



Area of ExpertiseNameTelephone
Runaway Children and Homeless YouthAdrienne L. Fernandes7-9005
Social Services Block GrantMelinda Gish7-4618
State Childrens Health Insurance Program (SCHIP)Evelyne P. Baumrucker7-8913
Stem cell research, cloningJudith A. Johnson7-7077
Erin D. Williams7-4897
Substance Abuse and Mental Health ServicesRamya Sundararaman7-7285
Temporary Assistance for Needy Families (TANF)Gene Falk7-7344
Department of Education (ED)
ED appropriations coordinatorRebecca R. Skinner7-6600
Adult education and literacyGail McCallion7-7758
After-school programsGail McCallion7-7758
Assessment in educationWayne C. Riddle7-7382
Career (vocational) and technical educationRebecca R. Skinner7-6600
Charter schoolsDavid Smole7-0624
College costs and pricesBlake Alan Naughton 7-0376
Education block grantsRebecca R. Skinner7-6600
Education for the Disadvantaged, Title IWayne C. Riddle7-7382
Education technologyRebecca R. Skinner7-6600
Elementary and Secondary EducationWayne C. Riddle7-7382
English language acquisitionRebecca R. Skinner7-6600
Higher educationDavid Smole 7-0624
Blake Alan Naughton 7-0376
Impact AidRebecca R. Skinner7-6600
Indian educationRoger Walke7-8641
Pell GrantsBlake Alan Naughton7-0376
Reading programsGail McCallion7-7758
Rehabilitation ActScott Szymendera7-0014
Safe and Drug-Free Schools and CommunitiesGail McCallion7-7758
Special education, IDEARichard N. Apling7-7352
Special education, IDEA, legal issuesNancy Lee Jones7-6976
Special education, IDEA, state grantsAnn Lordeman7-2323
Student aid/need analysisBlake Alan Naughton7-4894
Student loansDavid Smole7-0624
Teacher recruitment, preparation, and trainingJeffrey J. Kuenzi7-8645
21st Century Community Learning CentersGail McCallion7-7758
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 ServicesGail McCallion7-7758
National Labor Relations BoardGerald Mayer7-7815
National Labor Relations Board, legal issuesJon O. Shimabukuro7-7990
Railroad Retirement BoardKathleen Romig7-3742
Social Security AdministrationKathleen Romig7-3742
Dawn Nuschler7-6283
Supplemental Security Income (SSI)Scott Szymendera7-0014



Contents
Most Recent Developments..........................................1
Consolidated Appropriations Act, 2008 Enacted
(P.L. 110-161, H.R. 2764)...............................1
Third and Fourth Continuing Resolutions (CRs) Enacted
(P.L. 110-137 and P.L. 100-149)..........................1
H.R. 3043 Vetoed, Override Failed in House....................1
FY2008 Continuing Resolution Extended.......................1
Conference Agreement on H.R. 3043 Passed....................1
Senate Version of H.R. 3043 Passed...........................2
Continuing Resolution P.L. 110-92 Enacted.....................2
House Bill H.R. 3043 Reported and Passed.....................2
Senate Bill S. 1710 Reported.................................2
President’s Budget Submitted................................2
Note on Most Recent Data...................................4
Overview and Key Issues............................................4
Discretionary and Mandatory Funding: Program Level and
Current Year Appropriations.................................5
Discretionary Funding Trends, FY2002-FY2008.....................7
Discretionary Appropriations by Bill Title, FY2007-FY2008............7
Major Discretionary Programs, FY2007-FY2008.....................8
FY2008 Appropriations: President’s Request.......................9
FY2008 Appropriations: House Bill..............................11
FY2008 Appropriations: Senate Bill.............................13
FY2008 Appropriations: Conference Report on H.R. 3043 (Vetoed).....14
Public Law: P.L. 110-161, Consolidated Appropriations Act, 2008.....16
Continuing Appropriations Resolution, 2008.......................18
302(a) and 302(b) Allocation Ceilings.............................19
Advance Appropriations.......................................20
Department of Labor..............................................22
Key Issues..................................................22
President’s Request.......................................22
House Bill..............................................23
Senate Bill..............................................23
Conference Report (Vetoed)................................23
Public Law..............................................23
CRS Products................................................23
Websites ....................................................24
Detailed Appropriations Table...................................24
Department of Health and Human Services.............................27
Key Issues..................................................27
President’s Request.......................................27
House Bill..............................................28
Senate Bill..............................................29
Conference Report (Vetoed)................................30



Public Law..............................................31
Abortion: Funding Restrictions..............................31
Embryonic Stem Cell Research: Funding Restrictions............31
CRS Products................................................32
Websites ....................................................33
Detailed Appropriations Table...................................33
Department of Education...........................................36
Key Issues..................................................36
President’s Request.......................................36
House Bill..............................................37
Senate Bill..............................................38
Conference Report (Vetoed)................................39
Public Law..............................................40
New Programs and Program Eliminations......................40
ESEA Funding Shortfall?..................................41
IDEA Funding Shortfall?...................................41
Maintaining Integrity and Ethical Values in the Department of
Education ...........................................42
Forward Funding and Advance Appropriations..................42
Potential Problem with the Treatment of Prior Year
Advance Funding.....................................43
CRS Products................................................45
Websites ....................................................45
Detailed Appropriations Table...................................45
Related Agencies.................................................50
Key Issues..................................................50
President’s Request.......................................50
House Bill..............................................50
Senate Bill..............................................51
Conference Report (Vetoed)................................51
Public Law..............................................51
CRS Products................................................51
Websites ....................................................51
Detailed Appropriations Table...................................53
Appendix A. Terminology and Web Resources.........................55
Websites ....................................................56
List of Tables
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2008..........3
Table 2. L-HHS-ED Appropriations Summary, FY2007-FY2008............6
Table 3. Discretionary Funding Trends, FY2002-FY2008..................7
Table 4. L-HHS-ED Discretionary Funding by Bill Title,FY2007-FY2008....8
Table 5. Major Discretionary Programs, FY2007-FY2008.................9
Table 6. FY2008 302(b) Discretionary Allocations......................20



Table 7. Department of Labor Discretionary Appropriations...............22
Table 8. Detailed Department of Labor Appropriations...................25
Table 9. Department of Health and Human Services Discretionary
Appropriations ...............................................27
Table 10. Detailed Department of Health and Human Services
Appropriations ...............................................34
Table 11. Department of Education Discretionary Appropriations..........36
Table 12. Detailed Department of Education Appropriations..............46
Table 13. Related Agencies Discretionary Appropriations.................50
Table 14. Detailed Related Agencies Appropriations.....................53



Labor, Health and Human Services,
and Education: FY2008 Appropriations
Most Recent Developments
Consolidated Appropriations Act, 2008 Enacted (P.L. 110-161, H.R.
2764). On December 17, 2007, after lengthy negotiations between Congress and the
Administration, the House and Senate Appropriations Committees released bill text
and an explanatory statement for an omnibus appropriations bill. It had a division
for each of the 11 regular appropriations measures that had not yet been enacted (all
except Defense), plus provisions for emergency war funding. The bill, an amended
version of H.R. 2764 (originally the State/Foreign Operations appropriations bill),
required additional amending with regard to the war funding before finally being
passed by both houses and sent to the President, who signed it on December 26,
2007. For further details on proceedings relative to H.R. 2764, see CRS Report
RL34298, Consolidated Appropriations Act for FY2008: Brief Overview, by Robert
Keith. Division G of the law provided the FY2008 appropriations for the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies (L-HHS-ED), including $148.7 billion in discretionary funding.
Third and Fourth Continuing Resolutions (CRs) Enacted (P.L. 110-
137 and P.L. 100-149). On December 14, 2007, the President signed into law
H.J.Res. 69 (P.L. 110-137), which extended temporary funding for government
agencies to December 21, 2007. A fourth CR, H.J.Res. 72, signed on December 21,
extended funding from December 22 through December 31, or until enactment of
regular appropriations.
H.R. 3043 Vetoed, Override Failed in House. On November 13, 2007,
the President vetoed H.R. 3043, the FY2008 appropriations bill for L-HHS-ED. He
cited total discretionary spending levels in the bill that were higher than he had
requested. On November 15, an attempt to override the veto failed in the House by
a vote of 277-141 (two-thirds majority required).
FY2008 Continuing Resolution Extended. On November 13, 2007, the
President signed into law H.R. 3222, the FY2008 Department of Defense
appropriations act (P.L. 110-116), which also, in Division B, amended the first
FY2008 continuing resolution, P.L. 110-92, to extend temporary funding for
government agencies to December 14, 2007. Most agency activities for which there
was not yet a regular appropriation received funding under the CR at the FY2007 rate
of operations.
Conference Agreement on H.R. 3043 Passed. On November 5, 2007,
House and Senate conferees filed a conference report (H.Rept. 110-424) on H.R.



3043, which included their agreement on the L-HHS-ED bill, and also appended a
conference version of appropriations for Military Construction/Veterans Affairs
(MilCon/VA, H.R. 2642). The House agreed to the combined measure on November
6. On November 7, the Senate sustained a point of order against the combination bill
and subsequently passed a substitute conference report that dropped the MilCon/VA
language. The House agreed to the Senate amendment on November 8, and H.R.
3043 was sent to the President. The bill as reported by the conference committee
would have provided $153.3 billion in discretionary funds for L-HHS-ED programs.
Senate Version of H.R. 3043 Passed. On October 17, 2007, the Senate
began debating a substitute version of H.R. 3043, consisting of the text of S. 1710 but
without the reported bill’s final section relating to research on human embryonic
stem cells. The bill was passed, amended, on October 23, 2007, by a vote of 75-19.
The bill would have provided $152.3 billion in discretionary funds for L-HHS-ED
programs.
Continuing Resolution P.L. 110-92 Enacted. On September 29, 2007,
the President signed into law P.L. 110-92 (H.J.Res. 52), which provided temporary
funding at the FY2007 rate of operations for government agencies, including most
L-HHS-ED activities, for the period October 1 through November 16, 2007, unless
regular FY2008 appropriations measures were enacted sooner.
House Bill H.R. 3043 Reported and Passed. On July 13, 2007, the
House Committee on Appropriations reported H.R. 3043 (H.Rept. 110-231), its
proposal for FY2008 L-HHS-ED appropriations. The bill was debated in the House
July 17-19 and was passed, with several amendments, on July 19, 2007, by a vote of
276-140. The bill would have provided $154.2 billion in discretionary funds for
L-HHS-ED programs.
Senate Bill S. 1710 Reported. On June 27, 2007, the Senate Committee on
Appropriations reported S. 1710 (S.Rept. 110-107), its proposal for FY2008 L-HHS-
ED appropriations. The bill would have provided $152.1 billion in discretionary
funds for L-HHS-ED.
President’s Budget Submitted. On February 5, 2007, the President
submitted the FY2008 budget to Congress; the request was for $141.7 billion in
discretionary funds for L-HHS-ED programs.
Table 1 summarizes the legislative status of FY2008 L-HHS-ED appropriations.



Table 1. Legislative Status of L-HHS-ED Appropriations, FY2008
Subco mmit t e e Conference
MarkupHouseHouseSenate SenateConf.Report ApprovalVeto
CommitteePassageCommitteePassageReport HouseSenate
House Senate Passage Passage
7/13/07 c 6/27/07 e f 11/5/07 g
6/7/07a6/19/07bH.R. 3043,H.Rept.7/19/07dS. 1710,S.Rept.10/23/07H.R. 3043H.Rept.11/6/0711/8/07h11/7/07h11/13/0711/15/07i
110-231110-107110-424
Amended Bill
Consolidated Appropriations Act, 2008, H.R. 2764 (Labor-PublicLawHouseSenate
HHS-ED is Division G)TextPassagePassage
(amended text; H.R. 2764 was originally the State, Foreign12/17/07j12/26/07l
Operations, and Related Programs Appropriations Act, 2008)Congr.12/17/07k12/18/07kP.L. 110-
Record 12/19/07 161
a. The House Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Appropriations began
FY2008 hearings on Feb. 15, 2007. The Subcommittee marked up its version of the FY2008 L-HHS-ED appropriations
on June 7, 2007, approving it by a voice vote.
b. The Senate Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Appropriations began
FY2008 hearings on Mar. 14, 2007. The Subcommittee marked up its version of the FY2008 L-HHS-ED bill on June
19, 2007, and approved it by voice vote.
c. H.R. 3043: The House Committee on Appropriations approved its version of the L-HHS-ED appropriations for FY2008
on July 11, 2007, by voice vote, and ordered the bill reported. Subsequently, H.R. 3043 (H.Rept. 110-231) was
introduced and reported on July 13, 2007.
d. H.R. 3043: The House debated the bill on July 17-19 and passed it, amended, on July 19, 2007, by a vote of 276-140.
e. S. 1710: The Senate Committee on Appropriations approved the draft L-HHS-ED bill with a manager’s amendment on June
21, 2007, by a vote of 26-3, and ordered the bill reported. Subsequently, S. 1710 (S.Rept. 110-107) was introduced and
reported on June 27, 2007.
f. H.R. 3043: The Senate debated a substitute version of the bill (text of S. 1710 minus new stem cell provisions) on Oct. 17-
23, 2007, and passed it, amended, on Oct. 23, 2007, by a vote of 75-19.
g. H.R. 3043: Conference report H.Rept. 110-424 was filed Nov. 5, 2007. It included not only the agreement on L-HHS-ED
appropriations but also the agreement on appropriations for Military Construction/Veterans Affairs (MilCon/VA,
previously H.R. 2642), combined into one bill.
h. H.R. 3043: The House approved the combined conference agreement on Nov. 6, 2007, by a vote of 269-142. On Nov. 7,
the Senate sustained a point of order against the MilCon/VA language having been added to H.R. 3043, by a vote of 47-
46 (60 votes would have been needed to waive the point of order). Subsequently, the Senate approved a substitute
amendment that retained only the L-HHS-ED language, by a vote of 56-37. On Nov. 8, the House agreed to the Senate
amendment to H.R. 3043 by a vote of 274-141.
i. H.R. 3043: The President vetoed the FY2008 Labor-HHS-ED appropriations act on Nov. 13, 2007. An override attempt
failed in the House on Nov. 15 by a vote of 277-141 (two-thirds majority needed).
j. H.R. 2764: A Rules Committee resolution was reported to the House (H.Res. 878, H.Rept. 110-497) on Dec. 17, 2007,
which provided for the House to consider two amendments to the Senate amendment to H.R. 2764, the FY2008 State/
Foreign Operations appropriations bill. The amendments were printed in H.Rept. 110-497, and also in the Dec. 17
Congressional Record, Book I. The first House amendment replaced the text of H.R. 2764 with a new Consolidated
Appropriations Act, 2008, consisting of 11 divisions (A-K). The divisions represented compromise versions of the 11
regular appropriations acts that had not yet been enacted (L-HHS-ED was Division G). The second House amendment
was Division L, providing the Houses version of emergency supplemental appropriations for military operations and
war funding. A joint explanatory statement providing comments from the Appropriations Committees and tables for
each division was printed in the Dec. 17 Congressional Record, Books II and III.
k. H.R. 2764: On Dec. 17, 2007, the House agreed to the first House amendment by a vote of 253-154, agreed to the second
House amendment by a vote of 206-201, and sent the package to the Senate. On Dec. 18, the Senate concurred in the
second House amendment with an amendment of its own, substituting its version of emergency supplemental military
operations/war funding for the House version, by a vote of 70-25. The Senate also concurred in the first House
amendment by a vote of 76-17. On Dec. 19, the House agreed to the Senate amendment to the second House amendment
by a vote of 272-142, clearing the measure for the President.
l. P.L. 110-161: On Dec. 26, 2007, the President signed H.R. 2764 into law. Four continuing resolutions, beginning with P.L.
110-92, provided temporary FY2008 funding for most L-HHS-ED activities from Oct. 1 through Dec. 26, 2007.



Note on Most Recent Data. In this report, unless stated otherwise, data on
FY2007 appropriations and FY2008 appropriations proposals are based on the
explanatory statement of the Appropriations Committees accompanying H.R. 2764,
as printed in the December 17, 2007, Congressional Record, Book II, and as reflected
in the December 17, 2007, table of the House Appropriations Committee. In most
cases, data represent net funding for specific programs and activities, and take into
account current and forward funding and advance appropriations; however, all data
are subject to additional budgetary scorekeeping. Except where noted, data refer only
to those programs within the purview of L-HHS-ED appropriations, and not to all
programs within the jurisdiction of the relevant departments and agencies. Funding
from other appropriations bills, and entitlements funded outside of the annual
appropriations process, are excluded.
The FY2007 data reflect the funding provided under the terms of the Revised
Continuing Appropriations Resolution, 2007 (P.L. 110-5, H.J.Res. 20), which was
signed into law on February 15, 2007. A series of continuing resolutions (CRs),
beginning with P.L. 109-289, had provided temporary L-HHS-ED funding from
October 1, 2006, through February 15, 2007. The final CR provided specific levels
of funding for FY2007 for some agencies and programs, while those activities not
specifically listed were generally funded at FY2006 levels. In addition, agencies
received funding for a portion of their increased pay costs. Final funding levels
became known in late March 2007 after the Office of Management and Budget and
the agencies had worked out their spending plans for FY2007 and conveyed the
information to Congress. Subsequently, Congress passed an FY2007 supplemental
appropriations act, P.L. 110-28, the U.S. Troop Readiness, Veterans’ Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007, signed into law on May
25, 2007. The law had a few provisions that affected FY2007 funding levels for
some L-HHS-ED agencies. FY2007 figures in this report take account of those
changes.
For additional information, please see CRS Report RL30343, Continuing
Resolutions: FY2008 Action and Brief Overview of Recent Practices, by Sandy
Streeter.
Overview and Key Issues
This report describes the President’s proposal for FY2008 appropriations for
L-HHS-ED programs, as submitted to Congress on February 5, 2007, and the
congressional response to that proposal. It compares the President’s FY2008 request
to the FY2007 L-HHS-ED amounts. It tracks legislative action and congressional
issues related to the L-HHS-ED appropriations bill, with particular attention paid to
discretionary programs. However, the report does not follow specific funding issues
related to mandatory L-HHS-ED programs — such as Medicare or Social Security
— nor does it follow any authorizing legislation that may be needed prior to funding
some of the President’s budget initiatives. For a glossary of budget terms and
relevant websites, see Appendix A, “Terminology and Web Resources.”



The L-HHS-ED bill typically is one of the more controversial of the regular
appropriations bills, not only because of the size of its funding total and the scope of
its programs, but also because of the continuing importance of various related issues,
such as restrictions on the use of federal funds for abortion and stem cell research.
This bill provides discretionary and mandatory funds to three federal departments and

14 related agencies, including the Social Security Administration (SSA).


Discretionary funding represents only one-quarter of the total in the bill.
Among the various appropriations bills, L-HHS-ED is the largest single source
of discretionary funds for domestic (non-defense) federal programs (the Department
of Defense bill is the largest source of discretionary funds among all federal
programs). This section presents several overview tables on funding in the bill,
particularly discretionary funding; summarizes major funding changes proposed and
enacted for L-HHS-ED; and discusses related issues such as 302(b) allocations and
advance appropriations. Later sections provide details on individual L-HHS-ED
departments and agencies.
Discretionary and Mandatory Funding: Program Level and
Current Year Appropriations
Table 2 summarizes the L-HHS-ED appropriations for FY2008, including both
discretionary and mandatory appropriations. The table shows various aggregate
measures of L-HHS-ED appropriations enacted for FY2007 and proposed and
enacted for FY2008, including the discretionary program level, current year level,
and advance appropriations, as well as scorekeeping adjustments.
!Program level discretionary appropriations reflect the total
discretionary appropriations in a given bill, regardless of the year in
which they will be spent, and therefore include advance funding for
future years. Unless otherwise specified, appropriations levels in this
report refer to program level amounts.
!Current year discretionary appropriations represent discretionary
appropriations in a given bill for the current year, plus discretionary
appropriations for the current year that were enacted in prior years
— for example, FY2008 appropriations that were enacted in the
FY2007 act. As the annual congressional appropriations process
unfolds, current year discretionary appropriations, including
scorekeeping adjustments (see below), are measured against the
302(b) allocation ceilings (discussed later in this report). Note that
media reports and comments from the Administration about
appropriations activities typically cite figures representing the
current year discretionary totals rather than the program levels in the
bill.
!Advance appropriations are funds that will not become available
until after the fiscal year for which the appropriations are enacted
(for example, funds for certain education programs like Title I Part
A Grants to Local Educational Agencies for the Education of the
Disadvantaged that were included in the FY2007 act that could not
be spent before FY2008 at the earliest, discussed later in this report).



!Scorekeeping adjustments are made to account for special funding
situations, as monitored by the Congressional Budget Office (CBO).
Because appropriations may consist of mixtures of budget authority enacted in
various years, two summary measures are frequently used: program level
appropriations and current year appropriations. How are these measures related? For
an “operational definition,” program level funding equals (a) current year, plus (b)
advances for future years, minus (c) advances from prior years, and minus
(d) scorekeeping adjustments. Alternatively, current year funding is derived by
taking the program level (total in the bill), subtracting the advances for future years,
adding in the advances from prior years, and applying the scorekeeping adjustments.
Table 2 shows each of these amounts for discretionary funding, along with current
year funding and program level funding for mandatory programs, and the grand total
for L-HHS-ED.
Table 2. L-HHS-ED Appropriations Summary, FY2007-FY2008
($ in billions)
Type of Budget AuthorityFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Discretionary Appropriations
Program level: current bill for144.7141.7154.2152.3148.7
any year
Current year: current year from144.6140.9151.7149.9144.8
any bill (after scorekeeping)
Advances for future years (in the19.318.921.321.321.3
current bill)
Advances from prior years (from19.319.319.319.318.9
previous bills)
Scorekeeping adjustments-0.1-1.2-0.5-0.5-1.5
Current Year Discretionary and Mandatory Funding
Discretionary (compare to144.6140.9151.7149.9144.8
302(b) cap)
Mand atory 401.2 455.5 455.7 455.7 455.3
Total, current year545.8596.4607.4605.5600.1
Program Level Totals of Funding for L-HHS-ED Bill, Any Year
Discretionary program level144.7141.7154.2152.3148.7
Mandatory program level409.3455.4455.7455.6455.3
Grand total, any year554.0597.2609.9608.0603.9
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Appropriations are given only for
programs included in the annual L-HHS-ED bill.
Note: Details may not add to totals due to rounding. Both FY2007 and FY2008 mandatory amounts
are estimates that are subject to adjustments after the close of their respective fiscal years. All amounts
in the table are subject to change through the enactment of further supplementals and rescissions.



Discretionary Funding Trends, FY2002-FY2008
The L-HHS-ED appropriations bills include both mandatory and discretionary
funds; however, the Appropriations Committees fully control only the discretionary
funds. Mandatory funding levels for programs included in the annual appropriations
bills are modified through changes in the authorizing legislation. Typically, these
changes are accomplished through authorizing committees by means of reconciliation
legislation, and not through appropriations committees in annual appropriations bills.
Table 3 shows the trend in discretionary budget authority enacted in the
L-HHS-ED appropriations for FY2002 through FY2008. During the past seven
years, L-HHS-ED discretionary funds have grown from $127.2 billion in FY2002 to
$148.7 billion in FY2008, an increase of $21.5 billion, or 16.9%. Adjusted for
inflation during this same period, using the Gross Domestic Product (GDP) deflator,
L-HHS-ED discretionary funds in estimated FY2007 dollars have grown from $145.0
billion in FY2002 to $145.2 billion in FY2008, an increase of $0.2 billion, or 0.1%.
Table 3. Discretionary Funding Trends, FY2002-FY2008
(budget authority in billions of dollars)
Type of FundsFY2002FY2003FY2004FY2005 FY2006FY2007 FY2008
L-HHS-E D 127.2 132.4 139.7 143.4 141.5 144.7 148.7
discretionary
L-HHS-ED
discretionary in145.0147.9152.2151.6145.1144.7145.2
estimated FY2007
dollars
GDP deflator1.04321.06431.09181.12511.15981.18921.2180
(FY2000 = 1.0)
Sources: The GDP deflator is based on the Budget of the United States Government, Historical
Tables, Fiscal Year 2008, Table 10.1. L-HHS-ED totals for FY2002-FY2005 discretionary budget
authority are based on annual conference reports for L-HHS-ED appropriations and, therefore, may
not be completely comparable from year to year. FY2006 L-HHS-ED discretionary total is based on
the April 17, 2007, table of the House Committee on Appropriations. FY2007 and FY2008 totals are
based on the Dec. 17, 2007, committee table, reflecting P.L. 110-161.
Discretionary Appropriations by Bill Title, FY2007-FY2008
The annual L-HHS-ED appropriations act typically includes five titles. The first
three provide appropriations and program direction for the Department of Labor
(Title I), the Department of Health and Human Services (Title II), and the
Department of Education (Title III). Each of the three titles includes some sections
of “General Provisions” for the department; they provide specific program directions,
modifications, or restrictions that the appropriators wish to convey in bill language,
not just in report language. Title IV covers funding for 14 related agencies, the
largest of which is the Social Security Administration. Title V contains general
provisions with broader application than those in the department titles. Occasionally,



one or more additional titles are added to the act, which may be legislative
(authorizing) language rather than appropriations provisions. The FY2008 L-HHS-
ED appropriations act includes a Title VI that provides for establishment of a
National Commission on Children and Disasters.
Table 4 summarizes the program level discretionary spending that was provided
in the first four titles of the FY2007 and FY2008 L-HHS-ED appropriations and
compares the program level totals with the current year discretionary totals.
Table 4. L-HHS-ED Discretionary Funding by Bill Title,
FY2007-FY2008
($ in millions)
FY2007 FY2008 FY2008 FY2008 FY2008
EnactedRequestHouseSenate Enacted
Discretionary Appropriations, Program Level (total in bill for any year)
Title I, Department of Labor11,68610,96411,84411,93511,693
Title II, Department of Health64,05463,19568,36668,14065,555
and Human Services
Title III, Department of57,47356,22562,08660,10859,444
Ed ucatio n
Title IV, Related Agencies11,52211,32611,91412,12811,960
Total discretionary, program144,735141,710154,209152,311148,652
leve l
Total Discretionary, Current Year from Any Bill (after scorekeeping adjustments)
Total, current year144,617140,916151,719149,857144,841
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Appropriations are given only for
programs included in the annual L-HHS-ED bill.
Major Discretionary Programs, FY2007-FY2008
Among the discretionary programs funded in the bill, which are the largest?
Table 5 shows the L-HHS-ED discretionary programs with the highest funding
levels; in both FY2007 and FY2008, eight programs accounted for at least 62% of
all L-HHS-ED discretionary appropriations. Each of the programs shown in Table
5 received more than $3.0 billion each year, and the aggregate funding for this group
was $90.6 billion in FY2007 and $93.5 billion in FY2008. As shown in the previous
tables, L-HHS-ED discretionary funding totaled $144.7 billion in FY2007 and $148.7
billion in FY2008.



Table 5. Major Discretionary Programs, FY2007-FY2008
($ in millions)
Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008Senate FY2008Enacted
National Institutes of Health (NIH) 28,90028,62129,67029,90029,229
Pell Grants13,66113,41415,58314,48714,215
Title I Part A Education for the12,83813,91014,36313,91014,028
Disadvantaged, Grants to LEAs
IDEA Special Education, Part B10,78310,49211,34211,24011,042
Grants to States
SSA Total Administrative Expenses9,2969,5979,6979,8729,747
Head Start6,8896,7896,9647,0896,902
WIA, all programs5,1344,5025,2355,2475,186
CMS Program Management3,1413,2743,2303,2483,152
Major L-HHS-ED subtotal90,64190,59896,08494,99293,501
Other L-HHS-ED discretionary54,09451,11258,12557,32055,151
L-HHS-ED discretionary total144,735141,710154,209152,311148,652
Major programs as a % of total62.6%63.9%62.3%62.4%62.9%
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II.
Note: LEAs = Local Educational Agencies; IDEA = Individuals with Disabilities Education Act;
WIA = Workforce Investment Act; CMS = Centers for Medicare and Medicaid Services.
FY2008 Appropriations: President’s Request
On February 5, 2007, the President’s FY2008 request was submitted to
Congress, prior to completion of the FY2007 appropriations process. With regard
to the President’s budget, the primary issues raised during congressional
consideration of any appropriations request generally relate to proposed funding
changes, as well as to the overall level of support for programs. The following
summary highlights changes of at least $100 million proposed in FY2008
discretionary budget authority in comparison with the FY2007 amount. Viewing this
list by itself should be done with caution, since the relative impact of a $100 million
funding change to a $500 million program (a 20% increase or decrease) is greater
than a $100 million change to a $5 billion program (a 2% increase or decrease).
Later in this report, the discussion of budgets for individual departments includes
tables to compare the FY2008 request with the FY2007 funding for many of the
major programs in the L-HHS-ED bill.
Budget Highlights. Overall, $141.7 billion in discretionary appropriations
were requested for L-HHS-ED for FY2008, $3.0 billion (2.1%) less than the FY2007
amount of $144.7 billion.



!For the Department of Labor (DOL), the Administration’s FY2008
request included a decrease of $632 million for WIA programs, from
$5.1 billion for FY2007 to $4.5 billion for FY2008. The proposed
reduction included $357 million less for Dislocated Worker
Assistance programs (funded at $1.5 billion in FY2007), $152
million less for Adult Training grants to states, and $100 million less
for Youth Training. The Administration proposed a decrease of
$134 million for the Community Service Employment for Older
Americans program. Overall, $11.0 billion in FY2008 discretionary
appropriations were requested for DOL, a 6.2% reduction from the
FY2007 amount of $11.7 billion.
!For the Department of Health and Human Services (HHS), the
FY2008 request proposed an increase of $1.04 billion for the Public
Health and Social Services Emergency Fund (PHSSEF), covering
homeland security activities and Pandemic Influenza Preparedness.
Decreases were proposed of $175 million for Health Professions
programs other than those for nursing, $187 million for Children’s
Hospitals Graduate Medical Education (CHGME), $104 million for
Rural Health Programs, $114 million for Buildings and Facilities at
the Centers for Disease Control and Prevention (CDC), and $279
million for the National Institutes of Health (NIH). A $183 million
initiative for Fraud and Abuse Control at the Centers for Medicare
and Medicaid Services (CMS) was proposed, along with a $133
million increase for CMS Program Management. Decreases of $379
million for the Low-Income Home Energy Assistance Program
(LIHEAP) and $100 million for Head Start were requested. The
$630 million Community Services Block Grant (CSBG) received no
funding in the request. Overall, $63.2 billion in FY2008
discretionary appropriations were requested for HHS, 1.3% less than
the FY2007 amount of $64.1 billion.
!For the Department of Education (ED), the FY2008 request
proposed an increase of $993 million for Elementary and Secondary
Education Act of 1965 (ESEA) programs in the aggregate. Funding
for Title I, Part A, Grants to Local Educational Agencies (LEAs) for
the Education of the Disadvantaged would have been increased by
$1.1 billion. The request included proposals for three new K-12
education initiatives of at least $100 million, including $250 million
for Promise Scholarships. School Improvement Grants would have
been increased by $375 million, and the Teacher Incentive Fund
would have been increased by $199 million. The request proposed
the elimination of the $272 million Educational Technology State
Grants. The Fund for the Improvement of Education would have
been reduced by $100 million, and a decrease of $247 million was
requested for the Safe and Drug-Free Schools State Grants. A
decrease of $291 was requested for the Special Education Part B
Grants to States program authorized by the Individuals with
Disabilities Education Act (IDEA). Funding for the Perkins Career
and Technical Education program would have been decreased by



$686 million. The request proposed the elimination of the $771
million Supplemental Educational Opportunity Grants. Pell Grants
would have been reduced by $247 million. Overall, $56.2 billion in
FY2008 discretionary appropriations were requested for ED, 2.2%
less than the FY2007 amount of $57.5 billion.
!For the related agencies, the Administration’s request for FY2008
would have increased funding for SSA administrative expenses by
$301 million, up from $9.3 billion for FY2007. (Funding for SSA
administrative expenses is in an account called Limitation on
Administrative Expenses.) The Administration’s FY2008 budget
proposed to eliminate the two-year advance appropriations for the
Corporation for Public Broadcasting (CPB), which was provided
with a two-year advance appropriation of $400 million in the
FY2007 bill. Overall, $11.3 billion in FY2008 discretionary
appropriations were requested for L-HHS-ED related agencies, a

1.7% decrease from FY2007 appropriations of $11.5 billion.


FY2008 Appropriations: House Bill
The House Committee on Appropriations reported its version of the FY2008
L-HHS-ED appropriations as H.R. 3043 (H.Rept. 110-231) on July 13, 2007. The
House debated the bill on July 17-19, 2007, and passed it, amended, on July 19,

2007, by a vote of 276 to 140.


House Highlights. Overall, the House bill would have provided FY2008
discretionary appropriations of $154.2 billion for L-HHS-ED programs. The
President requested $141.7 billion; the FY2007 amount was $144.7 billion. The
House bill differed from the President’s request in a number of details.
!For DOL, the House bill would have provided $5.2 billion for WIA
programs, $734 million more than the Administration’s request. The
House would have funded WIA Dislocated Worker Assistance
programs at $1.5 billion, the same amount appropriated for FY2007
and $357 million more than the Administration’s request. The
House would have funded WIA Adult Training grants to states at
$864 million, the same as FY2007 and $152 million more than the
Administration’s request. WIA Youth Training programs would
have been funded at the same level as FY2007 and at $100 million
more than the Administration’s request of $841 million. The House
would have increased funding for the Job Corps by $127 million
above the amount requested and by $71 million above FY2007
appropriations of $1.6 billion. The House would have funded
Community Service Employment for Older Americans at $531
million, or $181 million above the Administration’s request and $47
million more than FY2007. Overall, the House bill would have
provided $11.8 billion in discretionary funds for DOL; $11.0 billion
was requested; and $11.7 billion was provided for FY2007.



!For HHS, the House bill would have funded Health Centers at $2.19
billion, $200 million more than the request. Health Professions
other than nursing would have received $228 million, $219 million
more than requested. The CHGME would have received $307
million, $197 million more than requested. Rural Health programs
would have received $145 million, $120 million more than the
request. Health Care-Related Facilities and Activities would have
received $128 million; no funds were requested. The CDC
Infectious Diseases program would have received $1.90 billion,
$119 million more than requested. The Preventive Health and
Health Services Block Grant (PHBG) would have received $109
million; no funds were requested. The National Institutes of Health
(NIH) would have received $29.67 billion, $1.05 billion more than
requested. The Agency for Healthcare Research and Quality
(AHRQ) would have received a specific appropriation of $283
million, plus indirect funding of $47 million, for a total of $330
million; the request was for indirect funding of $330 million. The
CMS Fraud and Abuse Control initiative would have received $383
million; $183 million was requested. LIHEAP would have received
$2.66 billion, $880 million more than requested. Head Start would
have received $6.96 billion, $175 million more than requested. The
CSBG would have been funded at $660 million; no funds were
requested. Overall, the House bill would have provided $68.4
billion in discretionary funds for HHS; $63.2 billion was requested;
and $64.1 billion was provided for FY2007.
!For ED, the House bill would have provided $25.5 billion for ESEA
programs in the aggregate, $1.0 billion more than was requested.
Title I, Part A Grants to Local Educational Agencies (LEAs) would
have received $453 million more than was requested, while Reading
First State Grants would have received $665 million less than
requested. The House bill would not have funded any of the
President’s proposed initiatives, including Promise Scholarships.
Teacher Quality State Grants would have received $400 million
more than was requested, and Education Technology State Grants
would have received $272 million, rather than being eliminated as
called for by the request. The House bill would have provided $125
million more for the 21st Century Community Learning Centers,
$147 million more for the Fund for the Improvement of Education,
$247 million more for the Safe and Drug-Free Schools State Grants,
and $104 million more for the English Language Acquisition State
Grants than requested. IDEA, Part B Grants to States would have
received $850 million more than was requested. Perkins Career and
Technical Education would have received $710 million more than
requested. Pell Grants would have received $2.2 billion more than
requested. The House would have increased the maximum
appropriated Pell Grant award to $4,700. Federal Supplemental
Opportunity Grants would have received $771 million, rather than
being eliminated as called for by the request. Aid for Institutional
Development for higher education would have received $159 million



more than requested. Departmental Management would have
received $227 million less than requested. Overall, the House would
have provided $62.1 billion in FY2008 discretionary appropriations
for ED, $5.9 billion more than the request of $56.2 billion and $4.6
billion more than the FY2007 amount of $57.5 billion.
!For related agencies, the bill approved by the House would have
provided $9.7 billion in funding for SSA administrative expenses,
which is $100 million more than the Administration’s request and
$401 million more than appropriated for FY2007. The House would
have provided the Corporation for Public Broadcasting (CPB) with
$420 million in advance funding for FY2010. The Administration
did not request funds for FY2010. Overall, the House would have
provided $11.9 billion in discretionary funds for related agencies,
$588 million more than requested and $392 million more than
appropriated for FY2007.
FY2008 Appropriations: Senate Bill
The Senate Committee on Appropriations reported its version of the FY2008
L-HHS-ED appropriations as S. 1710 (S.Rept. 110-107) on June 27, 2007. In
October, when the Senate took up H.R. 3043, the text of S. 1710 (minus a
controversial section relating to embryonic stem cell research) was substituted for the
House-passed bill. The Senate debated the bill on October 17-23, 2007, and passed
it, amended, on October 23, 2007, by a vote of 75 to 19.
Senate Highlights. Overall, the Senate version of H.R. 3043, as passed,
would have provided FY2008 discretionary appropriations of $152.3 billion for
L-HHS-ED programs. The House bill would have provided $154.2 billion; the
President requested $141.7 billion. The comparable FY2007 amount was $144.7
billion. The Senate bill differed from the House proposal in a number of ways.
!For DOL, the Senate bill does not differ significantly from the House
bill. Overall, the Senate would have provided $11.9 billion in
discretionary funds for DOL, $91 million more than the House, $971
million more than requested, and $249 million more than
appropriated for FY2007.
!For HHS, the Senate bill would have provided $107 million less
than the House bill for CHGME, $138 million less for Infectious
Diseases at the CDC, $210 million more for CDC Buildings and
Facilities, $230 million more for NIH, $501 million less for
LIHEAP, $125 million more for Head Start, and $10 million more
for the CSBG. Overall, the Senate bill would have provided $68.1
billion in discretionary appropriations for HHS programs, $226
million less than the House amount of $68.4 billion, $4.9 billion
more than the requested amount of $63.2 billion, and $4.0 billion
more than HHS funding of $64.1 billion in FY2007.



!For ED, the Senate bill would have provided $24.6 billion for ESEA
programs in the aggregate, $926 million less than would have been
provided by the House. Title I, Part A Grants to LEAs would have
received $453 million less than the House amount, and Teacher
Quality State Grants would have been funded at $300 million less
than the House amount. Reading First State Grants would have
received $447 million more than the House amount. The 21st
Century Community Learning Centers would have received $106
million less than the House amount, and IDEA Part B Grants to
States would have received $102 million less than the House
amount. The Senate bill would have provided $14.5 billion for Pell
Grants, $1.1 billion less than the House amount. The maximum
appropriated Pell Grant award would have been $4,310 compared
with a House maximum appropriated Pell Grant award of $4,700.
Aid for Institutional Development for higher education would have
received $140 million less than the House amount. Departmental
Management would have received $202 million more than the
House amount. Overall, the Senate bill would have provided $60.1
billion in FY2008 discretionary appropriations for ED, $2.0 billion
less than the House amount of $62.1 billion and $2.6 billion more
than the FY2007 amount of $57.5 billion.
!For related agencies, the Senate bill would have provided $175
million more than the House bill for SSA administrative expenses.
Overall, the Senate would have provided $12.1 billion in
discretionary funds for related agencies, $215 million more than the
House, $802 million more than requested, and $606 million more
than appropriated for FY2007.
FY2008 Appropriations: Conference Report on H.R. 3043
(Vetoed)
On November 5, 2007, House and Senate conferees filed a conference report
(H.Rept. 110-424) on H.R. 3043, which included their agreement on the FY2008 L-
HHS-ED bill, and also appended a conference version of appropriations for Military
Construction/Veterans Affairs (MilCon/VA, H.R. 2642). The House adopted the
report on the combined measure on November 6 by a vote of 269-142. On
November 7, the Senate sustained a point of order against the combination bill and
subsequently adopted, by a vote of 56-37, a substitute conference report that dropped
the MilCon/VA language. The House agreed to the Senate amendment on November

8 by a vote of 274-141, and H.R. 3043 was sent to the President. On November 13,


2007, the President vetoed H.R. 3043, citing total discretionary spending levels in the
bill that were higher than he had requested. On November 15, an attempt to override
the veto failed in the House by a vote of 277-141 (two-thirds majority required).
Conference Report Highlights. Overall, the conference version of H.R.
3043 would have provided discretionary appropriations at the program level of
$153.3 billion for L-HHS-ED programs. The Senate bill would have provided



$152.3 billion, the House bill would have provided $154.2 billion, and the President
requested $141.7 billion. The comparable FY2007 amount was $144.7 billion.
The President’s objections to what he termed the “excessive” spending in the
bill were usually discussed by referring to the current year (FY2008) funding levels
(see Table 2 and its preceding discussion for the differences in the two portrayals of
the budget). In current year terms, the conference report would have provided $150.7
billion for discretionary L-HHS-ED programs, $9.8 billion (6.9%) higher than the
President’s requested level of $140.9 billion. The conference level would have been
an increase of $6.1 billion (4.2%) over the FY2007 level of $144.6 billion, whereas
the President’s request represented a decrease of $3.7 billion (-2.6%) from FY2007.
A number of programs would have shared in the $6.1 billion increase that the
conference report funding level would have provided. Compared to FY2007 funding
levels, the FY2008 program level discretionary amounts would have been increased
or decreased by at least $100 million for the following programs.
!For DOL, the WIA program would have received an increase in
funding of $135 million, up from $5.1 billion for FY2007. Overall,
DOL would have received $12.0 billion in discretionary funding for
FY2008, $0.3 billion more than in FY2007.
!For HHS, funding would have been increased by the following
amounts compared to FY2007: Community Health Centers, $225
million; Health Care-Related Facilities and Activities, $318 million;
NIH, $1.1 billion; CMS Program Management, $135 million; CMS
Fraud and Abuse Control Initiative, $383 million; LIHEAP, $250
million; Head Start, $154 million; and Public Health and Social
Services Emergency Fund, $788 million. Overall, HHS would have
received $68.5 billion in discretionary funding for FY2008, $4.4
billion more than in FY2007.
!For ED, ESEA programs would have received $25.1 billion in the
aggregate, $1.6 billion more than in FY2007. Several K-12
education programs would have received an increase in funding
from FY2007 to FY2008: Title I, Part A Grants to LEAs would have
increased $1.5 billion; School Improvement Grants would have
increased $375 million; Teacher Quality State Grants would havest
increased $150 million; the 21 Century Community Learning
Centers would have increased $100 million; the Fund for the
Improvement of Education would have increased $104 million; and
IDEA Part B Grants to States would have been funded at $509
million more than in FY2007. The only K-12 education program
that would have lost $100 million or more would have been the
Reading First State Grants, which would have received $629 million
less than in FY2007. Two postsecondary education programs would
have received increases of $100 million or more, and no
postsecondary education programs would have lost a commensurate
amount. Pell Grants would have received $837 million more than
in FY2007. The maximum appropriated Pell Grant award would



have been $4,435, a $125 increase over the maximum award of
$4,310 in FY2007. The Fund for the Improvement of Postsecondary
Education would have been funded at $104 million more than in
FY2007. Overall ED would have received $60.7 billion in
discretionary funding, $3.2 billion more than in FY2007.
!For the related agencies, the SSA would have received an increase
of $576 million for administrative expenses, up from $9.3 billion for
FY2007. Overall, the related agencies would have received $12.1
billion in discretionary funding, $0.6 billion more than in FY2007.
Public Law: P.L. 110-161, Consolidated Appropriations Act,
2008
With enactment of the FY2008 Department of Defense appropriation (P.L. 110-
116, November 13, 2007) and the veto of H.R. 3043, Congress still faced the
challenge of completing action on the remaining 11 appropriations bills. The
President insisted that total FY2008 current year discretionary funding be no more
than the $932.8 billion he had requested. The total FY2008 discretionary budget
authority planned by Congress was about $23 billion higher. Congressional
negotiators first attempted a “split the difference” approach, reworking their
priorities into an omnibus measure with scaled-back funding that met the President
halfway. In the face of continued veto threats, however, the Appropriations
Committees finally prepared a consolidated measure that conformed to the
President’s totals.
Each of the 11 subcommittees took its own approach to meeting the revised
ceiling it had been given for funding its programs. About half, including the L-HHS-
ED subcommittee, used an across-the-board rescission as the final means of reaching
the desired total. For L-HHS-ED accounts, all programs, projects, and activities
(except Pell Grants) were to be reduced by a factor of 1.747% from the levels listed
in the “amended bill” (which seem to represent the levels figured for the “split the
difference” interim proposal).
The final text of the proposed Consolidated Appropriations Act, 2008,
accompanied by an explanatory statement that took the place of a conference report,
was released by the Appropriations Committees late Sunday night, December 16,

2007. On December 17, a resolution from the House Rules Committee (H.Res. 878,


H.Rept. 110-497) provided that the measure would be handled as a House
amendment to the Senate-passed version of H.R. 2764, the FY2008 State/Foreign
Operations appropriations bill. The resolution also provided for a second House
amendment, dealing with emergency supplemental appropriations for military
operations and war funding. The documents were all made available on the Rules
Committee website and were printed in the Congressional Record of December 17,

2007. The L-HHS-ED section was Division G (for bill language, see H.Rept. 110-


497, and for the explanatory statement and table of budget authority, see
Congressional Record, December 17, 2007, Book II, pp. H16178-H16371).



By December 19, both the main amendment and a revised version of the war
funding amendment had been agreed to by the House and the Senate, clearing the
measure for the President. He signed H.R. 2764 into law on December 26, 2007; it
became P.L. 100-161. For a summary of proceedings relative to H.R. 2764, see notes
j, k, and l in Table 1, above, and for further details, see CRS Report RL34298,
Consolidated Appropriations Act for FY2008: Brief Overview, by Robert Keith.
FY2008 Funding Highlights. As shown in Table 2, P.L. 100-161 provided
discretionary appropriations at the program level of $148.7 billion for L-HHS-ED
programs, compared to $152.3 billion in the Senate bill, $154.2 billion in the House
bill, and $141.7 billion in the President’s request. The comparable FY2007 amount
was $144.7 billion.
In current year terms (the amounts generally cited by the President when
making comparisons to his budget), P.L. 110-161 provided $144.8 billion for
discretionary L-HHS-ED programs, an increase of $3.9 billion (2.8%) over the
President’s requested level of $140.9 billion. The FY2008 total was an increase of
$224 million (0.15%) over the FY2007 level of $144.6 billion, whereas the
President’s request represented a decrease of $3.7 billion (-2.6%) from FY2007. By
way of comparison, estimated current year funding for mandatory L-HHS-ED
programs was slated to increase by $54.1 billion (13.5%), from $401.2 billion in
FY2007 to $455.3 billion in FY2008.
Note the following caution about reading funding amounts from the law or the
explanatory statement: All amounts mentioned in the text of P.L. 110-161 or the
explanatory statement have not been reduced by the 1.747% rescission required by
section 528 of the law. That reduction must be applied to every program, project, or
activity, excluding the Pell Grant program, funded by the L-HHS-ED appropriations
act. For programs listed in the detailed table at the end of the Division G explanatory
statement (pp. H16337-H16370 of the December 17, 2007, Congressional Record),
the calculations have been provided and the final appropriation for a given program
should be read from the column labeled “Amended Bill Less 1.747%.” For programs
not listed in the table, the reduction must be calculated by hand based on the amount
found in the text (an easy way to do this is to multiply the amount mentioned in the
text by 0.98253).
Section 528 of the act provided that the actual application of this reduction to
individual accounts and line items was to be determined by the Office of
Management and Budget (OMB). Within 30 days of enactment, OMB was required
to report back to the Committees on Appropriations specifying each account and
amount of the reduction resulting from the 1.747% rescission. In addition, section
518 gave the L-HHS-ED departments and related agencies 45 days from enactment
to submit an FY2008 operating plan, detailing any funding allocations for programs,
projects, or activities that differed from those in the act, the explanatory statement,
or the budget request.
Compared to FY2007 funding levels, the FY2008 program level discretionary
amounts were increased or decreased by at least $100 million for the following
programs. Additional details and funding amounts are provided in separate agency
summaries.



!For FY2008, all programs in DOL were funded within $100 million
of FY2007 appropriations. Overall, DOL received an increase in
funding of $7 million, up from $11.7 billion for FY2007.
!For HHS, funding was increased by the following amounts
compared to FY2007: Health Care-Related Facilities and Activities,
$304 million; NIH, $329 million; and LIHEAP, $409 million.
Overall, HHS received $65.6 billion in discretionary funding for
FY2008, $1.5 billion more than in FY2007.
!For ED, ESEA programs were funded at $24.6 billion in the
aggregate, $1.1 billion more than in FY2007. Several K-12
education programs received an increase in funding from FY2007 to
FY2008: Title I, Part A Grants to LEAs were increased by $1.2
billion; School Improvement Grants were increased by $366 million;
the 21st Century Community Learning Centers program was
increased by $100 million; and IDEA Part B Grants to States were
funded at $259 million more than in FY2007. The only K-12
education program that lost $100 million or more was the Reading
First State Grants program, which received $636 million less than in
FY2007. One postsecondary education program received an
increase of $100 million or more — Pell Grants received $554
million more than in FY2007. The maximum appropriated Pell
Grant award was $4,241, a $69 decrease in the appropriated
maximum award of $4,310 in FY2007. Overall ED received $59.4
billion in discretionary funding, $2.0 billion more than in FY2007.
!For the related agencies of L-HHS-ED, the SSA received an increase
of $451 million for administrative expenses, up from $9.3 billion for
FY2007. Overall, the related agencies received $12.0 billion in
discretionary funding for FY2008, an increase of $0.4 billion from
FY2007.
Continuing Appropriations Resolution, 2008
A continuing appropriations resolution, P.L. 110-92 (H.J.Res. 52), was enacted
on September 29, 2007, to provide temporary FY2008 funding for most ongoing L-
HHS-ED activities, including the costs of direct loans and loan guarantees, for the
period October 1 through November 16, 2007, unless regular appropriations were
enacted before the end of that period. An FY2008 continuing resolution was
necessary because the regular L-HHS-ED appropriations were not enacted by the start
of FY2008 on October 1, 2007. The CR was amended three times to extend the
temporary funding period while Congress worked on the regular appropriations
measures. Division B of P.L. 110-116 (November 13, 2007) extended temporary
funding through December 14, 2007; P.L. 110-137 (December 14, 2007) changed the
date to December 21, 2007; and P.L. 110-149 (December 21, 2007) changed the date
to December 31, 2007, although the need for the CR ended with enactment of P.L.

110-161 on December 26, 2007.



Under the FY2008 continuing resolution, the funding level for each activity was
provided at a rate of operations like that provided in FY2007 appropriations acts and
under the same conditions and authority. Only the most limited funding actions were
authorized in order to provide for the continuation of projects and activities. New
initiatives were prohibited. For programs with high spend-out rates that normally
would occur early in the fiscal year, special restrictions prohibited spending levels
that would impinge on final FY2008 funding decisions. For entitlements and other
mandatory activities, obligations were allowed for payments due on or about
November 1, 2007, and December 1, 2007. For additional information, please see
CRS Report RL30343, Continuing Resolutions: FY2008 Action and Brief Overview
of Recent Practices, by Sandy Streeter.
!Continuing Appropriations Resolution, 2008, P.L. 110-92
(H.J.Res. 52), provided temporary appropriations for the period
October 1, 2007, through November 16, 2007, as long as regular
appropriations were not enacted sooner. H.J.Res. 52 was passed by
the House on September 26 and by the Senate on September 27, and
signed into law by the President on September 29, 2007, as P.L. 110-

92.


!Further Continuing Appropriations, 2008, Division B of P.L.
110-116 (H.R. 3222), extended the provisions of P.L. 110-92
through December 14, 2007. Division B was added to the
conference report on H.R. 3222, the FY2008 Defense appropriations
bill (H.Rept. 110-434) on November 6, 2007. The House and Senate
agreed to the conference report on November 8, and the President
signed the bill into law on November 13, 2007, as P.L. 110-116.
!3rd Continuing Resolution, P.L. 110-137 (H.J.Res. 69), extended
the provisions of P.L. 110-92 through December 21, 2007. H.J.Res.
69 was passed by the House and the Senate on December 13, and
signed into law by the President on December 14, 2007, as P.L. 110-

137.


!4th Continuing Resolution, P.L. 110-149 (H.J.Res. 72), extended
the provisions of P.L. 110-92 through December 31, 2007. H.J.Res.
72 was passed by the House and the Senate on December 19, and
signed into law by the President on December 21, 2007, as P.L. 110-

149.


302(a) and 302(b) Allocation Ceilings
The maximum budget authority for annual L-HHS-ED appropriations is
determined through a two-stage congressional budget process. In the first stage,
Congress establishes the 302(a) allocations — the maximum spending totals for
congressional committees for a given fiscal year. This task is sometimes
accomplished through the concurrent resolution on the budget, where spending totals
are specified through the statement of managers in the conference report. In years
when the House and Senate do not reach a budget agreement, these totals may be set
through leadership arrangements in each chamber. The 302(a) allocations determine
spending totals for each of the various committees, as well as the total discretionary
budget authority available for enactment in annual appropriations through the House
and Senate Committees on Appropriations.



Congress reached agreement on the FY2008 budget resolution on May 17, 2007,
when the House and Senate agreed to the conference report (H.Rept. 109-153) to
S.Con.Res. 21. The resolution established a 302(a) discretionary budget allocation
of $953.1 billion. For the purpose of comparison, the 302(a) discretionary allocation
agreed to for FY2007 was $872.8 billion. For additional information, please see CRS
Report RL34015, Congressional Budget Actions in 2007, by Bill Heniff Jr.
In the second stage of the annual congressional budget process, the House and
Senate Committees on Appropriations separately establish the 302(b) allocations —
the maximum discretionary budget authority available to each subcommittee for each
annual appropriations bill. The total of these allocations must not exceed the 302(a)
discretionary total. This process creates the basis for enforcing discretionary budget
discipline, since any appropriations bill reported with a total above the ceiling is
subject to a point of order. The 302(b) allocations can and often do get adjusted
during the year as the various appropriations bills progress toward final enactment.
Table 6 shows the 302(b) discretionary allocations for the FY2008 L-HHS-ED
appropriations determined by the House and Senate Committees on Appropriations.
Comparable amounts for the FY2007 appropriations and the President’s FY2008
budget request are also shown. Both the 302(a) and 302(b) allocations regularly
become contested issues in their own right.
Table 6. FY2008 302(b) Discretionary Allocations
(budget authority in billions of dollars)
FY2007FY2008RequestFY2008HouseFY2008 SenateFY2008
Comparable Comparable Allocation Allocation Enacted
144.6 140.9 151.7 150.2 144.8
Sources: The FY2008 House allocation is based on H.Rept. 110-236, July 17, 2007; the FY2008
Senate allocation is based on S.Rept. 110-250, Dec. 18, 2007. The comparable amounts for FY2007
budget authority, the FY2008 budget request, and the FY2008 enacted appropriations are based on
the Dec. 17, 2007, table from House Appropriations Committee, reflecting the explanatory statement
on Division G of H.R. 2764, Consolidated Appropriations Act, 2008, printed in Congressional
Record, Dec. 17, 2007, Book II.
Advance Appropriations
Advance appropriations occur when funds enacted in one fiscal year are not
available for obligation until a subsequent fiscal year. For example, P.L. 109-149,
which enacted FY2006 L-HHS-ED appropriations, provided $400 million for the
Corporation for Public Broadcasting (CPB) for use in FY2008. Advance
appropriations may be used to meet several objectives. These might include the
provision of long-term budget information to recipients, such as state and local
educational systems, to enable better planning of future program activities and
personnel levels. The more contentious aspect of advance appropriations, however,
involves how they are counted in budget ceilings.



Advance appropriations avoid the 302(a) and 302(b) allocation ceilings for the
current year, but must be counted in the year in which they first become available for
obligation. This procedure uses up ahead of time part of what will be counted against
the allocation ceiling in future years. In FY2002, the President’s budget proposed the
elimination of advance appropriations for federal discretionary programs, including
those for L-HHS-ED programs. Congress rejected that proposal, and the proposal
has not been repeated. For an example of the impact of advance appropriations on
program administration, see the discussion titled “Forward Funding and Advance
Appropriations” in the section on the Department of Education, later in this report.
The FY1999 and FY2000 annual L-HHS-ED appropriations bills provided
significant increases in advance appropriations for discretionary programs, moving
from $4.0 billion in FY1998 to $19.0 billion in FY2000. From FY2001 through
FY2007, advance appropriations generally were provided at $19.3 billion , with the
exceptions of $18.8 billion in FY2001 and $21.5 billion in FY2003. For FY2008,
following his pattern of the previous six years, the President requested $18.9 billion
in advance appropriations for L-HHS-ED. Congress decided instead to add $2.0
billion to the previous total; the House bill, the Senate bill, and P.L. 110-161 each
provided $21.3 billion. At that level, advance appropriations accounted for 14.3%
of the L-HHS-ED program level discretionary total of $148.7 billion in the FY2008
appropriations act. In terms of current year funding, advances from previous years,
at $18.9 billion, represented 13.1% of the current year discretionary total for FY2008.
From FY1998 to the present, advance appropriations included in L-HHS-ED
bills have been as follows:
!FY1998, $4.0 billion;
!FY1999, $8.9 billion;
!FY2000, $19.0 billion;
!FY2001, $18.8 billion;
!FY2002, $19.3 billion;
!FY2003, $21.5 billion;
!FY2004, $19.3 billion;
!FY2005, $19.3 billion;
!FY2006, $19.3 billion;
!FY2007, $19.3 billion;
!FY2008, President’s budget request, $18.9 billion;
!FY2008, House bill, $21.3 billion;
!FY2008, Senate bill, $21.3 billion; and
!FY2008, P.L. 110-161, $21.3 billion.



Department of Labor
FY2007 discretionary appropriations for the Department of Labor (DOL) were
$11.7 billion. For FY2008, the Administration requested $11.0 billion, or $0.7
billion (6.2%) less than the FY2007 amount, as shown in Table 7. The House
appropriations bill would have provided $11.8 billion in discretionary spending for
FY2008, and the Senate bill would have provided $11.9 billion. P.L. 110-161
provided $11.7 billion, increasing funding for DOL by $7 million (0.1%).
Table 7. Department of Labor Discretionary Appropriations
($ in billions)
F undi ng F Y 2007Enacted F Y 2008Request F Y 2008House F Y 2008Senat e F Y 2008Enacted
Appropriations 11.7 11.0 11.8 11.9 11.7
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded.
Mandatory DOL programs included in P.L. 110-161 are funded at $3.0 billion,
and consist of the Black Lung Disability Trust Fund ($1,068 million), Federal
Unemployment Benefits and Allowances ($889 million), Advances to the
Unemployment Insurance and Other Trust Funds ($437 million), Special Benefits for
Disabled Coal Miners ($270 million), Employment Standards Administration (ESA)
Special Benefits ($203 million), and the Energy Employees Occupational Illness
Compensation Fund ($105 million).
Key Issues
President’s Request. The President’s FY2008 budget request for DOL
proposed changes in funding for a number of activities. Proposed discretionary
changes of at least $100 million compared to FY2007 appropriations were as follows:
!The Administration’s budget request would have reduced Workforce
Investment Act (WIA) funding by $632 million, from $5.1 billion
for FY2007 to $4.5 billion for FY2008.
!The WIA Dislocated Worker Assistance programs, funded at $1.5
billion in FY2007, would have been decreased by $357 million in1
FY2008, including a decrease of $287 million for state grants.
!WIA Adult Training grants to states, funded at $864 million in
FY2007, would have been reduced by $152 million.


1 Appropriations for FY2007 set aside $125 million from the Dislocated Worker Assistance
National Reserve program for the Community College initiative. The President requested
$150 million in direct appropriations for Community College grants.

!WIA Youth Training, funded at $941 million in FY2007, would
have been reduced by $100 million.
!Community Service Employment for Older Americans would have
fallen by $134 million, from $484 million to $350 million.
House Bill. For DOL programs, the House bill differed by at least $100
million from the President’s budget request, as follows.
!The House bill would have raised funding for WIA programs by
$734 million above the Administration’s request and by $101
million above appropriations for FY2007.
!The House measure would have funded WIA Dislocated Worker
Assistance programs at $1.5 billion, the same amount appropriated
for FY2007. The House proposal was $357 million more than the
Administration’s request.
!The House bill would have funded WIA Adult Training grants to
states at the same level as FY2007 and at $152 million more than the
Administration’s request.
!The House would have increased funding for the Job Corps by $127
million above the amount requested and by $71 million above
FY2007 appropriations of $1.6 billion.
!WIA Youth Training programs would have been funded at the same
level as FY2007 and at $100 million above the Administration’s
request of $841 million.
!The House would have funded Community Service Employment for
Older Americans at $531 million, or $181 million above the
Administration’s request and $47 million more than FY2007.
Senate Bill. The Senate bill did not differ from the House bill by at least $100
million for any DOL program.
Conference Report (Vetoed). Compared to FY2007 funding, the conference
agreement would have changed discretionary spending by at least $100 million for
the WIA program.
!Funding for WIA would have increased by $135 million, from $5.1
billion for FY2007.
Public Law. Compared to FY2007 funding, P.L. 110-161 increased funding
for WIA programs by $52 million over FY2007 funding of $5.1 billion.
CRS Products
CRS Report RL33687, The Workforce Investment Act (WIA): Program-by-Program
Overview and Funding of Title I Training Programs, by Blake Alan Naughton.
CRS Report RL33362, Unemployment Insurance: Available Unemployment Benefits
and Legislative Activity, by Julie M. Whittaker.



CRS Report RS22718, Trade Adjustment Assistance for Workers (TAA) and
Alternative Trade Adjustment Assistance for Older Workers (ATAA), by John
J. Topoleski.
CRS Report RL33754, Minimum Wage in the 110th Congress, by William G.
Whittaker.
Websites
Department of Labor
[ http://www.dol.gov]
[ http://www.dol.gov/_sec/Budget2008/overview.htm]
[ h ttp://www.doleta.gov/budget/08bud.cfm]
Detailed Appropriations Table
Table 8 shows the appropriations details for offices and major programs of
DOL.



Table 8. Detailed Department of Labor Appropriations
($ in millions)
Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Total Workforce Investment Act, Title I5,1344,5025,2355,2475,186
(WIA) (non-add)
Employment and Training Administration (ETA)
Training and Employment Services (TES)
WIA Adult Training Grants to States864712864864862
WIA Youth Training941841941941924
WIA Dislocated Worker Assistance1,4721,1151,4721,4721,465
(DWA)
DWA State Grants (non-add)1,1909031,1901,1901,184
DWA National Reserve Communitya1250125150123
College initiative set aside (non-add)
DWA National Reserve, other (non-a157212157132158
add)
WIA Migrant and Seasonal800848080
Farmwo rkers
WIA Community College Grantsa0150000
(Community-Based Job Training)
Other WIA and TES Activities200305170231246
TES subtotal3,5562,9723,5313,5873,576
Community Service Employment for484350531484522
Older Americans
Federal Unemployment Benefits andb838889889889889
Allowances (mandatory)
State Unemployment Insurance and
Employment Service Operations2,5082,5612,5612,5612,464
(SUI/ESO) Unemployment
Co mp ensatio n
SUI/ESO Employment Service749722759750736
SUI/ESO Employment Service State716689726716703
Grants (non-add)
SUI/ESO One-Stop Care Centrs6456535652
SUI/ESO Work Incentives Grants200102014
SUI/ESO subtotal3,3403,3393,3833,3873,266
Advances to Unemployment Trust465437437437437
Fund and other funds (mandatory)
ETA Program Administration200216171186172
ETA subtotal8,8838,2038,9408,9698,862
Employee Benefits Security142147143143139
Ad mi ni str a tio n
Pension Benefit Guaranty Corporation405411411411411
program level (non-add)
Employment Standards Administration (ESA)
ESA Salaries and Expenses421448437439421
Office of Labor-Management4857464645
Standards (non-add)
ESA Special Benefits (mandatory)227203203203203



Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
ESA Special Benefits for Disabled297270270270270
Coal Miners (mandatory)
ESA Energy Employees Occupational
Illness Compensation Fund102105105105105
(mandato ry)
ESA Black Lung Disability Trust Fund1,0701,0681,0681,0681,068
(mandato ry)
ESA subtotal2,1172,0942,0822,0842,067
Occupational Safety and Health487490504498486
Administration (OSHA)
Mine Safety and Health302313313340334
Administration (MSHA)
Bureau of Labor Statistics548574576560544
Office of Disability Employment2819282827
P o licy
Departmental Management
WIA Job Corpsc1,5781,5221,6491,6601,611
International Labor Affairs7314738381
Veterans Employment and Training223228228231228
Departmental Management, other299319279310285
Departmental Management subtotal2,1732,0832,2292,2842,205
Working Capil Fund612000
TOTALS, DEPARTMENT OF LABOR
Total Appropriationsd14,68513,93614,81514,90614,664
Current Year Funding12,15411,41112,29012,38112,139
One-Year Advance Funding2,5312,5252,5252,5252,525
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to
r o und i ng.
a. The WIA community college initiative (i.e., Community-Based Job Training program) was funded
at $125 million in FY2007 from Dislocated Worker Assistance National Reserve funds. The
Presidents budget request for FY2008 would have provided direct appropriations of $150
million. To reflect this difference, in Table 8 the program is shown on two lines.
b. Federal Unemployment Benefits and Allowances consist of funding for benefits and training for
workers under the Trade Adjustment Assistance (TAA) program.
c. The FY2006 appropriations bill directed DOL to transfer the Job Corps from ETA to the Office
of the Secretary. The Administrations budget request for FY2008 sought to return the Job
Corps to ETA. P.L. 110-161 kept the Job Corps in the Office of the Secretary. In Table 8, the
Job Corps is included in DOL Departmental Management.
d. Appropriations totals include discretionary and mandatory spending and may be subject to
additional scorekeeping and other adjustments.



Department of Health and Human Services
FY2007 discretionary appropriations for the Department of Health and Human
Services (HHS) were $64.1 billion. For FY2008, the budget request was $63.2
billion, $859 million (1.3%) less than the FY2007 amount, as shown in Table 9. The
FY2008 House appropriations bill would have provided $68.4 billion in discretionary
funding, an increase of $4.31 billion (6.7%) over FY2007. The Senate bill would
have provided $68.1 billion, $4.09 billion (6.4%) over the FY2007 level. The
appropriation enacted in P.L. 110-161 was $65.6 billion, an increase of $1.50 billion
(2.3%) over FY2007.
Table 9. Department of Health and Human Services
Discretionary Appropriations
($ in billions)
FundingFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Appropriatio ns 64.1 63.2 68.4 68.1 65.6
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded, as are
funds for the Food and Drug Administration (FDA) and the Indian Health Service (IHS). FDA and
IHS are both agencies of HHS, but they are funded through other appropriations bills.
Mandatory HHS programs included in the L-HHS-ED act were funded at $410.7
billion in FY2008, and consist primarily of Medicaid Grants to States ($208.7
billion), Payments to Medicare Trust Funds ($188.4 billion, including both Part B
Supplementary Medical Insurance and Part D Prescription Drugs), Foster Care and
Adoption Assistance State Payments ($6.8 billion), Family Support Payments to
States ($4.0 billion), and the Social Services Block Grant ($1.7 billion).
Key Issues
President’s Request. The President’s FY2008 budget request for HHS
proposed increased support for the Public Health and Social Services Emergency
Fund (PHSSEF), and for program management and a fraud control initiative for the
administration of Medicare and Medicaid. At the same time, it proposed overall
funding reductions for health resources and services, disease control and prevention,
medical research, substance abuse and prevention, programs for children and
families, and services for the aging. Not all programs in each category were
decreased; selected programs in most of the categories were requested for increases.
Requests for major changes are indicated below.
Discretionary spending changes of at least $100 million were requested in the
President’s FY2008 budget for several HHS programs, as follows.



!Health Professions programs other than those for nursing, funded at
$185 million in FY2007, would have been decreased by $175
million to $10 million.
!Children’s Hospitals Graduate Medical Education (CHGME),
funded at $297 million in FY2007, would have been reduced by
$187 million to $110 million.
!Rural Health Programs, funded at $129 million in FY2007, would
have been reduced by $104 million to $25 million.
!Buildings and Facilities at the Centers for Disease Control and
Prevention (CDC), funded at $134 million in FY2007, would have
been reduced by $114 million to $20 million.
!The National Institutes of Health (NIH), funded at $28.90 billion in
FY2007, would have been reduced by $279 million to $28.62
billion.
!At the Substance Abuse and Mental Health Services Administration
(SAMHSA), the Mental Health Block Grant (MHBG) and the
Substance Abuse Block Grant (SABG) were proposed for level
funding ($407 million and $1.68 billion, respectively), but all other
SAMHSA activities would have been reduced, in the aggregate, by
$160 million, from $1.12 billion in FY2007 to $960 million.
!At the Centers for Medicare and Medicaid Services (CMS), a Fraud
and Abuse Control Initiative would have been funded at $183
million, while CMS Program Management would have been
increased by $133 million, from $3.14 billion in FY2007 to $3.27
billion.
!The Low-Income Home Energy Assistance Program (LIHEAP),
funded at $2.16 billion in FY2007, would have been decreased by
$379 million to $1.78 billion.
!The Social Services Block Grant, funded at $1.7 billion in FY2007,
would have been reduced by $500 million to $1.2 billion, but only
if a legislative change proposed by the Administration had been
adopted by Congress. (Under current law, the request remained at
$1.7 billion.)
!Head Start, funded at $6.89 billion in FY2007, would have been
decreased by $100 million to $6.79 billion.
!The Community Services Block Grant (CSBG), funded at $630
million in FY2007, would have been eliminated.
!The PHSSEF, funded at $717 million in FY2007, would have been
increased by $1.04 billion to $1.75 billion. Funding covers
homeland security activities and pandemic influenza preparedness,
both of which would have been increased. (For details on pandemic
influenza appropriations, see CRS Report RS22576.)
House Bill. For HHS programs, the House bill differed by at least $100
million from the President’s budget request, as follows.
!The Health Centers program would have received $2.19 billion
under the House bill, $200 million more than requested; $1.99
billion was provided in FY2007.



!Health Professions other than nursing would have received $228
million, $219 million more than requested; $185 million was
provided in FY2007.
!CHGME would have received $307 million, $197 million more than
requested; $297 million was provided in FY2007.
!Rural Health Programs would have received $145 million, $120
million more than requested; $129 million was provided in FY2007.
The House bill moved funding for the Denali Commission out of the
Rural Health category; it received $39 million in FY2007, but was
given no funding in the request or the House bill. (The Senate bill
would have retained the Commission in Rural Health at $39 million;
P.L. 110-161 gave it $39 million outside of Rural Health Programs.)
!Health Care-Related Facilities and Activities would have received
$128 million; no funds were requested and none were provided in
FY2007.
!The CDC Infectious Diseases program would have received $1.90
billion, $119 million more than requested; $1.79 billion was
provided in FY2007.
!The Preventive Health and Health Services Block Grant (PHBG)
would have received $109 million. No funds were requested; $99
million was provided in FY2007.
!NIH would have received $29.67 billion, $1.05 billion more than
requested; $28.90 billion was provided in FY2007.
!SAMHSA activities other than the two block grants would have
received $1.14 billion, $179 million more than requested; $1.12
billion was provided in FY2007.
!The Agency for Healthcare Research and Quality (AHRQ) would
have received an appropriation of $283 million; previously, all of its
funding had come indirectly from the PHS Evaluation Tap. The
House bill would have provided an additional $47 million from the
PHS tap, for a total of $330 million, the same as the request; AHRQ
received $319 million from the tap in FY2007.
!The CMS Fraud and Abuse Control Initiative would have received
$383 million, $200 million more than requested; there was no
funding in FY2007.
!LIHEAP would have received $2.66 billion, $880 million more than
requested; $2.16 billion was provided in FY2007.
!Head Start would have received $6.96 billion, $175 million more
than requested; $6.89 billion was provided in FY2007.
!The CSBG would have been funded at $660 million. No funds were
requested; $630 million was provided in FY2007.
Senate Bill. The Senate bill differed from the House bill by at least $100
million for several HHS programs.
!CHGME would have been funded at $200 million, $107 million less
than the House amount of $307 million; $110 million was requested,
and $297 million was provided in FY2007.



!CDC Infectious Diseases would have been funded at $1.76 billion,
$138 million less than the House amount of $1.90 billion; $1.78
billion was requested, and $1.79 billion was provided in FY2007.
!Buildings and Facilities at CDC would have been funded at $220
million, $210 million more than the House amount of $10 million;
$20 million was requested, and $134 million was provided in
FY2007.
!The NIH would have received $29.90 billion, $230 million more
than the House amount of $29.67 billion; $28.62 billion was
requested, and $28.90 billion was provided in FY2007.
!LIHEAP would have been funded at $2.16 billion, $501 million less
than the House amount of $2.66 billion; $1.78 billion was requested,
and $2.16 billion was provided in FY2007.
!Head Start would have received $7.09 billion, $125 million more
than the House amount of $6.96 billion; $6.79 billion was requested,
and $6.89 billion was provided in FY2007.
Conference Report (Vetoed). Compared to FY2007 funding, the conference
agreement would have changed discretionary spending by at least $100 million for
several HHS programs.
!Community Health Centers would have received $2.21 billion, $225
million more than requested and $225 million more than the FY2007
amount of $1.99 billion.
!Health Care-Related Facilities and Activities would have received
$318 million; no funds were requested for FY2008 or provided in
FY2007.
!NIH would have received $30.0 billion, $1.4 billion more than
requested and $1.1 billion more than the FY2007 amount of $28.9
billion.
!AHRQ would have received no direct appropriation but would have
received $335 million indirectly from the PHS Evaluation Tap, $5
million more than requested and $16 million more than the FY2007
amount of $319 million from the tap.
!CMS Program Management would have received $3.28 billion, $2
million more than requested and $135 million more than the FY2007
amount of $3.14 billion.
!The CMS Fraud and Abuse Control Initiative would have received
$383 million, $200 million more than requested; there was no
funding in FY2007.
!LIHEAP would have been funded at $2.41 billion, $630 million
more than requested and $250 million more than the FY2007
amount of $2.16 billion.
!Head Start would have received $7.04 billion, $254 million more
than requested and $154 million more than the FY2007 amount of
$6.89 billion.
!The PHSSEF would have received $1.51 billion, $248 million less
than requested and $788 million more than the FY2007 amount of
$717 million. Included in the conference amount would have been



$764 million for pandemic influenza preparedness; in FY2007,
pandemic flu activities were funded elsewhere.
Public Law. Compared to FY2007 funding, P.L. 110-161 changed
discretionary spending by at least $100 million for several HHS programs.
!Health Care-Related Facilities and Activities received $304 million;
no funds were requested for FY2008 or provided in FY2007.
!NIH received $29.23 billion, $607 million more than requested and
$329 million more than the FY2007 amount of $28.90 billion.
!LIHEAP was funded at $2.57 billion, $788 million more than
requested and $409 million more than the FY2007 amount of $2.16
billion.
Abortion: Funding Restrictions. Annual L-HHS-ED appropriations
regularly contain restrictions that limit — for one year at a time — the circumstances
under which federal funds can be used to pay for abortions. Restrictions on
appropriated funds, popularly referred to as the “Hyde Amendments,” generally apply
to all L-HHS-ED funds. Medicaid is the largest program affected. Given the
perennial volatility of this issue, these provisions may be revisited at any time during
the annual consideration of L-HHS-ED appropriations. From FY1977 to FY1993,
abortions could be funded only when the life of the mother was endangered. The
103rd Congress modified the provisions to permit federal funding of abortions in
cases of rape or incest. The FY1998 L-HHS-ED appropriations, P.L. 105-78,
extended the Hyde provisions to prohibit the use of federal funds to buy managed
care packages that include abortion coverage, except in the cases of rape, incest, or
life endangerment. The FY1999 L-HHS-ED appropriations, P.L. 105-277, continued
the FY1998 Hyde Amendments with two added provisions: (1) a clarification to
ensure that the restrictions apply to all trust fund programs (namely, Medicare), and
(2) an assurance that Medicare + Choice plans cannot require the provision of
abortion services. No changes were made from FY2000 through FY2004.
The FY2005 L-HHS-ED appropriations, P.L. 108-447 (H.Rept. 108-792, p.
1271), added a restriction, popularly referred to as the “Weldon Amendment,” that
prevents federal programs or state or local governments that receive L-HHS-ED
funds from discriminating against health care entities that do not provide or pay for
abortions or abortion services. The FY2006 L-HHS-ED appropriations retained the
Weldon amendment language and the Hyde restrictions. Under the FY2007
continuing resolution (P.L. 110-5), the provisions also applied to FY2007 funds. The
FY2008 appropriations retained the same language; the provisions can be found in
§507 and §508 of P.L. 110-161, Division G. For additional information, please see
CRS Report RL33467, Abortion: Legislative Response, by Jon O. Shimabukuro and
Karen J. Lewis.
Embryonic Stem Cell Research: Funding Restrictions. On August
9, 2001, President Bush announced a decision to use federal funds for research on
human embryonic stem cells for the first time, but limited the funding to “existing
stem cell lines.” Embryonic stem cells have the ability to develop into virtually any
cell in the body, and have the potential to treat medical conditions such as diabetes
and Parkinson’s disease. In response to the President’s announcement, the NIH



developed a registry of 78 embryonic stem cell lines eligible for use in federally
funded research. However, many of these lines were found to be unavailable or
unsuitable for research; only 21 of the 78 eligible stem cell lines are currently
available for general research purposes. Some scientists are concerned about the
quality, longevity, and availability of eligible stem cell lines. Many believe that the
advancement of research requires new stem cell lines, possibly including stem cells
derived from cloned embryos. The use of stem cells, however, raises ethical issues
for some because the embryos are destroyed in order to obtain the cells.
An FY1996 appropriations continuing resolution, P.L. 104-99 (§128), prohibited
NIH funds from being used for the creation of human embryos for research purposes
or for research in which human embryos are destroyed. Since FY1997, annual
appropriations acts have extended the prohibition to all L-HHS-ED funds, with the
NIH as the agency primarily affected. The restriction, originally introduced by
Representative Jay Dickey, has not changed significantly since it was first enacted.
The current provision can be found in §509 of P.L. 110-161, Division G. The
Senate-reported bill (S. 1710) included a new §520 that would have allowed, if
certain ethical requirements were met, amounts appropriated under the act to be used
to conduct human embryonic stem cell research as long as the cells were derived
before June 15, 2007, thus changing the August 2001 policy of the Bush
Administration. The provision was dropped, however, from the substitute bill that
the Senate considered and eventually passed as H.R. 3043. For additional
information, please see CRS Report RL33540, Stem Cell Research: Federal
Research Funding and Oversight, by Judith A. Johnson and Erin D. Williams.
CRS Products
Health
CRS Report RL33467, Abortion: Legislative Response, by Jon O. Shimabukuro and
Karen J. Lewis.
CRS Report RL30731, AIDS Funding for Federal Government Programs:
FY1981-FY2008, by Judith A. Johnson.
CRS Report RS21044, Background and Legal Issues Related to Stem Cell Research,
by Jon O. Shimabukuro.
CRS Report RL34048, Federal Research and Development Funding: FY2008, by
John Sargent et al.
CRS Report RS22438, Health Professions Programs in Title VII and Title VIII of the
Public Health Service (PHS) Act: Appropriations Fact Sheet, by Bernice Reyes-
Akinbileje.
CRS Report RL31358, Human Cloning, by Judith A. Johnson and Erin D. Williams.
CRS Report RL33880, Older Americans Act: FY2008 Funding, by Angela Napili.



CRS Report RL33695, The National Institutes of Health (NIH): Organization,
Funding, and Congressional Issues, by Pamela W. Smith.
CRS Report RS22576, Pandemic Influenza: Appropriations for Public Health
Preparedness and Response, by Sarah A. Lister.
CRS Report RL34098, Public Health Service (PHS) Agencies: Background and
Funding, by Pamela W. Smith et al.
CRS Report RL33279, The Ryan White HIV/AIDS Treatment Program, by Judith A.
Johnson and Paulette C. Morgan.
CRS Report RL33540, Stem Cell Research: Federal Research Funding and
Oversight, by Judith A. Johnson and Erin D. Williams.
CRS Report RL33997, Substance Abuse and Mental Health Services Administration
(SAMHSA): Reauthorization Issues, by Ramya Sundararaman.
Human Services
CRS Report RL30785, The Child Care and Development Block Grant: Background
and Funding, by Melinda Gish.
CRS Report RL34121, Child Welfare: Recent and Proposed Federal Funding, by
Emilie Stoltzfus.
CRS Report RL32872, Community Services Block Grants (CSBG): Funding and
Reauthorization, by Karen Spar.
CRS Report RL30952, Head Start: Background and Issues, by Melinda Gish.
CRS Report RL31865, The Low-Income Home Energy Assistance Program
(LIHEAP): Program and Funding, by Libby Perl.
CRS Report 94-953, Social Services Block Grant (Title XX of the Social Security
Act), by Melinda Gish.
Websites
Department of Health and Human Services
[ http://www.hhs.gov]
[ http://www.hhs.gov/budget/docbudget.htm]
Detailed Appropriations Table
Table 10 shows the appropriations details for offices and major programs of
HHS.



Table 10. Detailed Department of Health and
Human Services Appropriations
($ in millions)
Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Public Health Service (PHS)
Health Resources and Services Administration (HRSA)
Community Health Centers1,9881,9882,1882,2382,065
National Health Service Corps126116132126123
Health Professions, Nursing150105166170156
Health Professions, other18510228190194
Childrens Hospital Graduate Medical297110307200302
Ed ucatio n
Maternal and Child Health Block Grant693693750 673666
Autism and Other Developmentala0003736
Diso rd ers
Ryan White AIDS Programs2,1132,1332,2162,1462,142b
Rural Health Programs12925145133136
Family Planning (Title X)283283311300300
Health Care-Related Facilities and00128191304
Ac tivities c
Bioterrorism Hospital Grants00000
Vaccine Injury Compensation Trust5658585858
Fund (mandatory)
HRSA, other435339498467439
HRSA subtotal6,4535,8607,1266,9286,922
Centers for Disease Control and Prevention (CDC)
Infectious Diseases1,7741,7821,9011,7621,792
Health Promotion9479591,002983961
Terrorism Preparedness and Response1,4961,5041,5991,6321,497
Preventive Health and Health Services9901099997
Block Grant (PHBG)
CDC Buildings and Facilities134201022055
CDC, other1,4881,4521,5171,4691,648
CDC subtotald5,9385,7176,1386,1656,050
National Institutes of Health (NIH)d28,90028,62129,67029,90029,229
Substance Abuse and Mental Health Services Administration (SAMHSA)
Mental Health Block Grant407407420407400
Substance Abuse Block Grant1,6791,6791,7141,6791,680
SAMHSA, other1,1209601,1391,1921,155
SAMHSA subtotal3,2063,0463,2733,2783,234
Agency for Healthcare Research and002833300
Quality (AHRQ)
AHRQ program level (non-add)319330330330335
PHS subtotal44,49743,24446,48946,60145,435
Centers for Medicare and Medicaid Services (CMS)
Medicaid Grants to States (mandatory)170,729208,921208,923208,921208,921
Medicare Trust Funds (mandatory)176,298188,628188,828188,828188,445
CMS Program Management3,1413,2743,2303,2483,152
Fraud and Abuse Control initiative01833833830
CMS subtotal350,168401,006401,364401,380400,517



Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Administration for Children and Families (ACF)
Family Support Payments (mandatory)4,2643,9503,9503,9503,950
Low Income Home Energy Assistance2,1611,7822,6622,1612,570
Program (LIHEAP)
Refugee and Entrant Assistance588656651654656
Child Care and Development Block2,0622,0622,1372,0672,062
Grant (CCDBG)
Social Services Block Grant (SSBG)1,7001,700 e1,7001,7001,700
(Title XX) (mandatory)
Head Start6,8896,7896,9647,0896,902
Child Welfare Services287287287287282
Developmental Disabilities171171197191180
Community Services Block Grant6300660670654
Battered Womens Shelters125125135127123
Abstinence Education10913713780109
Children and Family Services, other728732768769745
Promoting Safe and Stable Families345345345345345
(PSSF) (mandatory)
PSSF (discretionary)8989898963
Foster Care and Adoption Assistance6,7226,8436,8586,8436,843
(mandato ry)
ACF subtotal26,86925,66627,53827,02327,184
Administration on Aging (AOA)1,3831,3351,4171,4521,413
Office of the Secretary
General Departmental Management356393348404355
Medical Benefits, Commissioned371403403403403
Officers (mandatory)
Public Health and Social Services7171,7541,7051,730729
Emergency Fund (PHSSEF)
Office of the Secretary, other177242165196183
Office of the Secretary subtotal1,6212,7902,6212,7321,670
TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Total Appropriationsf424,539474,042479,430479,187476,219
Current Year Funding355,082402,584407,972407,729404,762
One-Year Advance Funding69,45671,45771,45771,45771,457
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to
r o und i ng.
a. Activities related to autism were formerly funded under the Maternal and Child Health Block Grant
as part of the set-aside for Special Projects of Regional and National Significance. The FY2008
Senate bill and P.L. 110-161 created a separate funding line for the autism-related activities.
b. The Denali Commission, previously funded under Rural Health Programs, is now grouped into the
HRSA, other line in this table (see discussion underHouse Bill” above).
c. P.L. 110-5 transferred the HRSA bioterrorism grants program to the Office of the HHS Secretary.
d. Two HHS programs also received FY2008 funds from Interior-Environment appropriations — $74
million for CDC and $78 million for NIH; neither amount is included in this table.
e. The $1.7 billion shown reflects the current law entitlement to states for the Social Services Block
Grant. For FY2008, the Administration proposed a reduction of $500 million in the entitlement,
which would bring the requested total to $1.2 billion.
f. Appropriations totals include discretionary and mandatory funds, and may be subject to additional
scorekeeping and other adjustments. Two HHS agencies were funded through other
appropriations in FY2008: the Food and Drug Administration (FDA) in Agriculture
appropriations ($1.7 billion), and the Indian Health Service (IHS) in Interior-Environment
appropriations ($3.3 billion); neither agency is included in this table.



Department of Education
For FY2008, P.L. 110-161 provided $59.4 billion in discretionary funding for
the Department of Education, $2.0 billion (3.4%) over the FY2007 amount of $57.5
billion (Table 11). For FY2008, the budget request was $56.2 billion, $1.2 billion
(2.2%) less than the FY2007 amount. The FY2008 House appropriations bill would
have provided $62.1 billion in discretionary funding, an increase of $4.6 billion
(8.0%) over FY2007. The Senate bill would have provided $60.1 billion, $2.6 billion
(4.6%) over the FY2007 level.
Table 11. Department of Education
Discretionary Appropriations
($ in billions)
F unding FY2007Ena c t e d FY2008Request FY2008House FY2008Sena t e FY2008Ena c t e d
Appropriatio ns 57.5 56.2 62.1 60.1 59.4
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded.
A single mandatory ED program is included in the FY2008 L-HHS-ED bill; the
Vocational Rehabilitation State Grants program was funded at $2.8 billion in
FY2007 and was funded at $2.9 billion for FY2008.
Key Issues
President’s Request. Under the FY2008 budget request, funding for several
programs would have been increased, and five new education programs were
proposed. However, the President’s request would have eliminated funding for 44
existing programs and reduced the total discretionary funding for ED programs in
FY2008.
The President’s FY2008 budget request proposed changes of at least $100
million for ED programs, as follows.
!Elementary and Secondary Education Act of 1965 (ESEA)
programs, funded in aggregate at $23.5 billion in FY2007, would
have been increased by $993 million in the President’s FY2008
budget request.
!Title I, Part A, Grants to Local Educational Agencies (LEAs) for
Education for the Disadvantaged, funded at $12.8 billion in FY2007,
would have been increased by $1.1 billion.
!School Improvement Grants, funded at $125 million in FY2007,
would have been increased by $375 million.



!Three K-12 education initiatives of at least $100 million were
proposed by the President: $125 million for Math Now, Elementary;
$125 million for Math Now, Middle School; and $250 million for
Promise Scholarships.
!Educational Technology State Grants, funded at $272 million in
FY2007, would have been eliminated.
!The Fund for the Improvement of Education (FIE), funded at $159
million in FY2007, would have been reduced by $100 million.
!The Teacher Incentive Fund, funded at $0.2 million in FY2007,
would have been increased by $199 million.
!Safe and Drug-Free Schools State Grants, funded at $347 million in
FY2007, would have been decreased by $247 million.
!The Individuals with Disabilities Education Act (IDEA) Part B
Grants to States program, funded at $10.8 billion in FY2007, would
have been decreased by $291 million.
!The Perkins Career and Technical Education program, funded at
$1.3 billion in FY2007, would have been decreased by $686 million.
!The Pell Grants program, funded at $13.7 billion in FY2007, would
have been reduced by $247 million. The maximum appropriated
award would have been $4,050; $4,310 was the maximum award in
FY2007.
!Federal Supplemental Educational Opportunity Grants, funded at
$771 million in FY2007, would have been eliminated.
House Bill. For ED programs, the House bill, as passed, differed by at least
$100 million from the President’s budget request, as follows.
!ESEA programs in aggregate would have received $25.5 billion,
$1.0 billion more than requested; $23.5 billion was provided in
FY2007.
!Title I, Part A, Grants to LEAs would have received $14.4 billion,
$453 million more than requested; $12.8 billion was provided in
FY2007.
!Reading First State Grants would have received $354 million, $665
million less than requested; $1.0 billion was provided in FY2007.
!Of the President’s proposed education initiatives of $100 million or
more, no funds would have been provided for Math Now,
Elementary ($125 million requested); Math Now, Middle School
($125 million); or Promise Scholarships ($250 million).
!Teacher Quality State Grants would have received $3.2 billion, $400
million more than requested; $2.9 billion was provided in FY2007.
!Education Technology State Grants would have received $272
million; no funds were requested; $272 million was provided in
FY2007.st
!The 21 Century Community Learning Centers would have received
$1.1 billion, $125 million more than requested; $981 million was
provided in FY2007.
!The Fund for the Improvement of Education would have received
$205 million, $147 million more than requested; $159 million was
provided in FY2007.



!The Teacher Incentive Fund would have received $99 million, $100
million less than requested; $0.2 million was provided in FY2007.
!Safe and Drug-Free Schools State Grants would have received $347
million, $247 million more than requested; $347 million was
provided in FY2007.
!English Language Acquisition State Grants would have received
$775 million, $104 million more than requested; $669 million was
provided in FY2007.
!IDEA Part B Grants to States would have received $11.3 billion,
$850 million more than requested; $10.8 billion was provided in
FY2007.
!Perkins Career and Technical Education would have received $1.3
billion, $710 million more than requested; $1.3 billion was provided
in FY2007.
!Pell Grants would have received $15.6 billion, $2.2 billion more
than requested; $13.7 billion was provided in FY2007. The Pell
Grant maximum appropriated award would have been increased to
$4,700; $4,050 was requested as the appropriated maximum award;
$4,310 was the maximum award in FY2007.
!Federal Supplemental Opportunity Grants would have received $771
million; no funds were requested; $771 million was provided in
FY2007.
!Aid for Institutional Development for higher education would have
received $648 million; $159 million more than requested; $506
million was provided in FY2007.
!Departmental Management would have received $366 million, $227
million less than requested; $560 million was provided in FY2007.
Senate Bill. The Senate bill differed from the House bill by at least $100
million for several ED programs.
!ESEA programs in aggregate would have received $24.6 billion,
$926 million less than the House amount of $25.5 billion; $24.5
billion was requested; $23.5 billion was provided in FY2007.
!Title I, Part A, Grants to LEAs would have received $13.9 billion,
$453 million less than the House amount of $14.4 billion; $13.9 was
requested; $12.8 billion was provided in FY2007.
!Reading First State Grants would have been funded at $800 million,
$447 million more than the House amount of $354 million; the
request was for $1.0 billion; $1.0 billion was provided in FY2007.
!Teacher Quality State Grants would have been funded at $2.9
billion, $300 million less than the House amount of $3.2 billion;
$2.8 billion was requested; $2.9 billion was provided in FY2007.
!The 21st Century Community Learning Centers would have received
$1.0 billion, $106 million less than the House amount of $1.1
billion; $981 million was requested; $981 million was provided in
FY2007.
!IDEA Part B Grants to States would have received $11.2 billion,
$102 million less than the House amount of $11.3 billion; $10.5
billion was requested; $10.8 billion was provided in FY2007.



!Pell Grants would have received $14.5 billion, $1.1 billion less than
the House amount of $15.6 billion; $13.4 billion was requested;
$13.7 billion was provided in FY2007. The FY2008 maximum
appropriated award would have been $4,310 under the Senate bill.
The maximum appropriated award would have been $4,700 under
the House bill. The maximum appropriated award would have been
$4,050 under the request. In FY2007, the maximum Pell Grant
award was $4,310.
!Aid for Institutional Development for higher education would have
received $507 million, $140 million less than the House amount of
$648 million; $489 million was requested; $506 million was
provided in FY2007.
!Departmental Management would have received $569 million, $202
million more than the House amount of $366 million; $594 million
was requested; $560 million was provided in FY2007.
Conference Report (Vetoed). The conference agreement would have
changed discretionary spending by at least $100 million for several ED programs,
compared to the FY2007 funding levels.
!ESEA programs in aggregate would have received $25.1 billion,
$594 million more than requested, and $1.6 billion more than the
FY2007 amount of $23.5 billion.
!Title I, Part A, Grants to LEAs would have received $14.3 billion,
$401 million more than requested, and $1.5 billion more than the
FY2007 amount of $12.8 billion.
!School Improvement Grants would have received $500 million, the
same amount requested, and $375 million more than the FY2007
amount of $125 million.
!Reading First State Grants would have been funded at $400 million,
$619 million less than requested, and $629 million less than the
FY2007 amount of $1.0 billion.
!Teacher Quality State Grants would have been funded at $3.0
billion, $250 million more than requested, and $150 million more
than the FY2007 amount of $2.9 billion.
!The 21st Century Community Learning Centers would have received
$1.1 billion, $100 million more than requested, and $100 million
more than the FY2007 amount of $981 million.
!The Fund for the Improvement of Education would have been
funded at $263 million, $205 million more than requested, and $104
million more than the FY2007 amount of $159 million.
!IDEA Part B Grants to States would have received $11.3 billion,
$800 million more than requested, and $509 million more than the
FY2007 amount of $10.8 billion.
!Pell Grants would have received $14.5 billion, $1.1 billion more
than requested, and $837 million more than the FY2007 amount of
$13.7 billion. The FY2008 maximum appropriated grant award
would have been $4,435, $385 more than requested and $125 more
than the FY2007 amount of $4,310.



!The Fund for the Improvement of Postsecondary Education would
have received $126 million, $104 more than requested, and $104
more than the FY2007 amount of $22 million.
Public Law. The FY2008 enacted appropriations changed discretionary
spending by at least $100 million for several ED programs, compared to the FY2007
funding levels.
!ESEA programs in aggregate received $24.6 billion, $99 million
more than requested, and $1.1 billion more than the FY2007 amount
of $23.5 billion.
!Title I, Part A, Grants to LEAs were funded at $14.0 billion, $118
million more than requested, and $1.2 billion more than the FY2007
amount of $12.8 billion.
!School Improvement Grants received $491 million, $9 million less
than requested, and $366 million more than the FY2007 amount of
$125 million.
!Reading First State Grants received $393 million, $626 million less
than requested, and $636 million less than the FY2007 amount of
$1.0 billion.st
!The 21 Century Community Learning Centers were funded at $1.1
billion, $100 million more than requested, and $100 million more
than the FY2007 amount of $981 million.
!IDEA Part B Grants to States were funded at $11.0 billion, $550
million more than requested, and $259 million more than the
FY2007 amount of $10.8 billion.
!Pell Grants received $14.2 billion, $801 million more than
requested, and $554 million more than the FY2007 amount of $13.7
billion. The FY2008 maximum appropriated grant award was
$4,241, $191 more than requested and $69 less than the FY20072
amount of $4,310.
New Programs and Program Eliminations. The request included funding
for five new education programs; none of them was funded by the FY2008 enacted
appropriations. The enacted appropriations, however, provided $1 million in funding
for each of two new programs, Programs for Bachelor’s Degrees in Science,
Technology, Engineering, and Mathematics (STEM) and Critical Languages, and
Programs for Master’s Degrees in STEM and Critical Languages.
The request would have eliminated funding for 44 education programs. The
FY2008 enacted appropriations eliminated funding for 2 of the 44 programs — the
Early Childhood Educator Professional Development program, which was funded at


2 The College Cost Reduction Act (P.L. 110-84) provided an additional $2 billion in
mandatory funding for the Pell Grant program in FY2008. These mandatory funds coupled
with the discretionary funds provided through the FY2008 Consolidated Appropriations Act
provide a total maximum Pell Grant award of $4,731, an increase of $421 in the maximum
Pell Grant award. (Joint explanatory statement accompanying the FY2008 Consolidated
Appropriations Act (P.L. 110-161), which appears in the Congressional Record, December

17, 2007, No. 193 — Book II, p. H16268.)



$15 million in FY2007, and the Innovative Education Block Grants, which were
funded at $99 million in FY2007. The FY2008 enacted appropriations also
eliminated funding for the Credit Enhancement for Charter Schools program, which
was funded at $37 million in FY2007. The request would have continued to fund
this program.
ESEA Funding Shortfall? Since the enactment of the No Child Left Behind
Act of 2001 (NCLBA), P.L. 107-110, which amended the ESEA among other
programs, there has been a continuing discussion regarding the appropriations
“promised” and the resulting “shortfall” when the enacted appropriations are
compared to authorization levels. Some would contend that the ESEA authorizations
of appropriations, as amended by NCLBA, represent a funding commitment that was
promised in return for legislative support for the new administrative requirements
placed on state and local educational systems. They would contend that the
authorized levels are needed for implementing the new requirements, and that the
differences between “promised” and actual funding levels represent a shortfall of
billions of dollars. Others would contend that the authorized funding levels represent
no more than appropriations ceilings, and as such are no different from authorizations
for most education programs. That is, when the authorization amount is specified,
it represents only a maximum amount, with the actual funding level to be determined
during the regular annual appropriations process. In the past, education programs
with specified authorization levels generally have been funded at lower levels; few
have been funded at levels equal to or higher than the specified authorization amount.
Five ESEA programs, as amended by NCLBA, have specific authorization
levels for FY2002 through FY2007: Title I, Part A Grants to Local Educationalst
Agencies (LEAs); 21 Century Community Learning Centers (21CCLC); the
Education Block Grant; School Choice; and the Fund for the Improvement of
Education. For FY2007, the aggregate authorization for these five programs was
$28.9 billion, and the appropriation was $14.4 billion, or $14.5 billion less than the
amount authorized.
All current ESEA program authorizations expired after FY2007. They have
been automatically extended, however, for one additional year under section 422 of
the General Education Provisions Act (GEPA) (20 U.S.C. 1226a, providing for
contingent extension of programs). Therefore, current ESEA programs are
authorized through September 30, 2008. GEPA also specifies that the amount
authorized to be appropriated for a program during the extension shall be the amount
that was authorized to be appropriated for the program during the terminal fiscal year
of the program. Thus, in the case of the five ESEA programs with specific
authorization levels for FY2007, those authorizations remain the same for FY2008.
Therefore, for FY2008, the aggregate authorization for the five programs is $28.9
billion, and the programs were funded at $15.7 billion, or $13.1 billion less than the
amount authorized.
IDEA Funding Shortfall? From 1975 to 2004, the IDEA Special Education
Part B Grants to States program authorized state payments up to a maximum amount
of 40% of the national average per-pupil expenditure (APPE) times the number of
children with disabilities ages 3-21 that each state serves. Appropriations have never
reached the 40% level. In 2004, Congress addressed the funding issue in P.L. 108-



446, which specified authorization ceilings for Part B Grants to States for FY2005
through FY2011. For FY2007, the Part B Grants to States authorization was $16.9
billion, and the appropriation was $10.8 billion, or $6.2 billion less than the
authorized amount. For FY2008, the authorized amount is $19.2 billion, and $11.0
billion was appropriated — $8.2 billion less than the amount authorized. As with
ESEA and NCLBA, some view these differences as funding shortfalls, while others
see the maximum federal share and the specified authorizations as nothing more than
appropriations ceilings. For additional information, please see CRS Report
RL32085, Individuals with Disabilities Education Act (IDEA): Current Funding
Trends, by Richard N. Apling and Ann Lordeman.
Maintaining Integrity and Ethical Values in the Department of
Education. The FY2008 enacted appropriations added a general provision that
requires the Secretary of Education to implement procedures: (1) to assess whether
an officer or professional employee of ED, a contractor or subcontractor of ED, a
member of a peer review panel of ED, or a consultant or advisor to ED has a
potential financial interest in or “impaired objectivity” toward a product or service
purchased with, guaranteed by, or insured by funds administered by ED or a
contracted entity of ED; and (2) to disclose the existence of any such financial
interest or impaired objectivity. The Inspector General must subsequently report to
the House and Senate Committees on Appropriations regarding the adequacy of the
procedures implemented by the Secretary. Within one year, the Inspector General
must conduct at least one review of these procedures and make any recommendations
for modifying the procedures that are needed to identify and disclose the existence
of such potential financial interests or impaired objectivity.
Forward Funding and Advance Appropriations. Most appropriations
are available for obligation during the federal fiscal year of the appropriations bill.
For example, most FY2008 appropriations will be available for obligation from
October 1, 2007, through September 30, 2008. Several L-HHS-ED programs,
including some of the larger ED programs, have authorization or appropriations
provisions that allow funding flexibility for program years that differ from the federal
fiscal year. For example, many of the elementary and secondary education formula
grant programs receive appropriations that become available for obligation to the
states on July 1 of the same year as the appropriations, and remain available for 15
months through the end of the following fiscal year. That is, FY2008 appropriations
for some programs will become available for obligation to the states on July 1, 2008,
and will remain available until September 30, 2009. This budgetary procedure is
popularly known as “forward” or “multi-year” funding, and is accomplished through
funding provisions in the L-HHS-ED appropriations bill.
Forward funding in the case of elementary and secondary education programs
was designed to allow additional time for school officials to develop budgets in
advance of the beginning of the school year. For Pell Grants for undergraduates,
however, aggregate program costs for individual students applying for postsecondary
educational assistance cannot be known with certainty ahead of time. Appropriations
from one fiscal year primarily support Pell Grants during the following academic
year; that is, the FY2008 appropriations will be used primarily to support grants for
the 2008-2009 academic year. Unlike funding for elementary and secondary



education programs, however, the funds for Pell Grants remain available for
obligation for two full fiscal years.
An advance appropriation occurs when the appropriation is provided for a fiscal
year beyond the fiscal year for which the appropriation was enacted. In the case of
FY2008 appropriations, funds normally would have become available October 1,
2007, under regular funding provisions, but will not become available for some
programs until July 1, 2008, under the forward funding provisions discussed above.
However, if the July 1, 2008 forward funding date for obligation were to be
postponed by three months — until October 1, 2008 — the appropriation would be
reclassified as an advance appropriation since the funds would become available only
in a subsequent fiscal year, FY2009. For example, the FY2008 budget request for
Title I, Part A Grants to LEAs was $13.9 billion. This amount includes not only
forward funding of $6.5 billion (to become available July 1, 2008), but also an
advance appropriation of $7.4 billion (to become available October 1, 2009). Like
forward funding provisions, these advance appropriations are specified through
provisions in the annual appropriations bill.
What is the impact of these changes in funding provisions? At the
appropriations level, there is no difference between forward funded and advance
appropriations except for the period available for obligation. At the program or
service level, relatively little is changed by the three-month delay in the availability
of funds, since most expenditures for a standard school year occur after October 1.
At the scorekeeping level, however, a significant technical difference occurs because
forward funding is counted as part of the current fiscal year, and is therefore fully
included in the current 302(b) allocation for discretionary appropriations. Under
federal budget scorekeeping rules, an advance appropriation is not counted in the
302(b) allocation until the following year. In essence, a three-month change from
forward funding to an advance appropriation for a given program allows a one-time
shift from the current year to the next year in the scoring of discretionary
appropriations. For more information, please see CRS Report RS20441, Advance
Appropriations, Forward Funding, and Advance Funding, by Sandy Streeter.
Potential Problem with the Treatment of Prior Year Advance
Funding. In general, the funding amounts discussed in this report focus on the
funding actually provided in the FY2008 enacted appropriations. Changes made to
prior year advance funding in the enacted appropriations do not affect discretionary
funding provided for each program, as the prior year advance funding was accounted
for in the previous year’s appropriations act (e.g., FY2007 enacted appropriations).
As previously discussed, however, for the purposes of determining compliance with
the 302(b) allocation, prior year advance funding counts toward this allocation for the
current year, as it is funding that is available for the fiscal year to which the allocation
applies. As part of the effort to meet the 302(b) allocation for FY2008, prior year
advance funds for Title I, Part A, Grants to LEAs; Teacher Quality State Grants;
IDEA, Part B Grants to States; and Career and Technical Education State Grants
were reduced by $263 million.3


3 FY2008 Consolidated Appropriations Act (P.L. 110-161), Division G, Section 528(a)(2).

Although the FY2008 enacted appropriations specifically require the across-the-
board reduction to be applied to prior year advance funding, in previous years ED has
complied with across-the-board reduction requirements in appropriations acts by
reducing current year or succeeding year advance funding. Reductions have not been
made to prior year advance funding, presumably because these funds have already
been obligated. Based on data published by the Budget Service at ED, the FY2008
reductions to prior year advance funding will be taken from current year or
succeeding year funding — not from prior year advance funding.4 This results in
discrepancies between funding provided for the four aforementioned programs in the
FY2008 Consolidated Appropriations Act, as displayed in the table in the
explanatory statement, and ED’s calculations of funding provided for these four
programs for FY2008. The differences by program are reported below.
!Title I, Part A, Grants to LEAs: $14.0 billion in the enacted
appropriations versus $13.9 billion based on ED’s calculations, for
a difference of $129 million;
!Teacher Quality State Grants: $3.0 billion in the enacted
appropriations versus $2.9 billion based on ED’s calculations, for a
difference of $25 million;
!IDEA Part B Grants to States: $11.0 billion in the enacted
appropriations versus $10.9 billion based on ED’s calculations, for
a difference of $95 million; and
!Career and Technical Education State Grants: $1.2 billion in the
enacted appropriations and $1.2 billion based on ED’s calculations,
for a difference of $14 million when unrounded dollar amounts are
considered.
This also affects the overall total provided for discretionary appropriations.
Based on the enacted appropriations, overall discretionary appropriations for FY2008
are $59.4 million. Based on ED’s calculations, overall discretionary appropriations
for FY2008 are $59.2 billion.
The FY2008 enacted appropriations included two provisions that could
ultimately alter the level of funding provided for these and other programs. First, the
Office of Management and Budget (OMB) was required, within 30 days of
enactment, to submit to the House and Senate Committees on Appropriations a report
specifying the application of the across-the-board reduction to each account. Second,
the Department of Education was also required, within 45 days, to provide an
operating plan that “details at the program, project, and activity level any funding
allocations for fiscal year 2008 that are different than those” specified in the FY2008
Consolidated Appropriations Act, the joint explanatory statement accompanying the
Consolidated Appropriations Act, or the FY2008 budget request.5 It is unclear at this
time how, if at all, those reports may affect the final treatment of reductions to prior


4 The ED, Budget Service table is available at
[http://www.ed.gov/about/overview/budget/budget08/08action.pdf]. Accessed January 21,

2008.


5 FY2008 Consolidated Appropriations Act (P.L. 110-161), Division G, Section 518.

year advance funding for the aforementioned programs or what other changes may
be made to program funding in the FY2008 enacted appropriations.
CRS Products
CRS Report RS20441, Advance Appropriations, Forward Funding, and Advance
Funding, by Sandy Streeter.
CRS Report RL33960, The Elementary and Secondary Education Act, as Amended
by the No Child Left Behind Act: A Primer, by Wayne C. Riddle and Rebecca
R. Skinner.
CRS Report RL31668, Federal Pell Grant Program of the Higher Education Act:
Background and Reauthorization, by Charmaine Mercer.
CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current
Funding Trends, by Richard N. Apling and Ann Lordeman.
CRS Report RL33371, K-12 Education: Implementation Status of the No Child Left
Behind Act of 2001 (P.L. 107-110), by Gail McCallion, Coordinator.
CRS Report RL33749, The No Child Left Behind Act: An Overview of
Reauthorization Issues for the 110th Congress, by Wayne C. Riddle.
CRS Report RL34214, A Primer on the Higher Education Act (HEA), by Charmaine
Mercer and Rebecca R. Skinner.
Websites
Department of Education
[ http://www.ed.gov/index .jhtml]
[ http://www.ed.gov/about/overview/budget/budget08/index .html]
Detailed Appropriations Table
Table 12 shows the appropriations details for offices and major programs of
ED.



Table 12. Detailed Department of Education Appropriations
($ in millions)
Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Total Elementary and Secondarya23,48124,47425,50524,57824,573
Education Act (non-add)
Education for the Disadvantaged
Title I, Part A Education for theb12,83813,91014,36313,91014,028
Disadvantaged, Grants to LEAs
Even Start82099066
School Improvement Grants125500500500491
Reading First State Grants1,0291,019354800393
Math Now, Elementary initiative0125000
Math Now, Middle School initiative0125000
Promise Scholarships0250000
America’s Opportunity Scholarships050000
Migrant State Grants387380394387380
Education for the Disadvantaged,264330261271260
other
Education for the Disadvantaged14,72616,68915,97015,86815,618
subtotal
Impact Aid
Impact Aid1,2281,2281,2781,2481,241
School Improvement Programs
Teacher Quality State Grantsc2,8872,7873,1872,8872,960
Mathematics and Science182182198184179
P artnerships
Innovative Education Block Grant9909900
Educational Technology State2720272272267
Grants
21st Century Community Learning9819811,1061,0001,081
Ce nte r s
State Assessments408412412416409
Rural Education169169169169172
School Improvement, other257167250270246
School Improvement subtotal5,2554,6985,6945,1995,314
Indian Education
Indian Education119119124119120
Innovation and Improvement
Charter School Grants215215251215211
Fund for the Improvement of15958205219254
Education general funds (FIE)
Teacher Incentive Fundd0199999997
Innovation and Improvement, other464450437430424
Innovation and Improvement838922992963986


subtotal

Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Safe Schools and Citizenship Education
Safe and Drug-Free Schools State347100347300295
Grants
Safe Schools and Citizenship, other383224414397399
Safe Schools and Citizenship730324761697693
subtotal
English Language Acquisition
English Language Acquisition State669671775671700
Grants
Special Education
IDEA, Part B, Grants to Statese10,78310,49211,34211,24011,042
Special Education, other1,0209931,0201,0901,046
Special Education subtotal11,80311,48512,36312,33012,088
Rehabilitation Services and Disability Research
Vocational Rehabilitation State2,8372,8742,8742,8742,874
Grants (mandatory)
Rehabilitation Services, other405347406413403
Rehabilitation Services subtotal3,2433,2213,2803,2873,277
Special Institutions for Persons with Disabilities
Special Institutions for Persons181181188192195
With Disabilities
Vocational and Adult Education
Perkins Career and Technicalf,g1,2966101,3191,2941,286
Ed ucatio n
Adult Education580580603578567
Vocational and Adult, other116011623102
Vocational and Adult Educationg1,9921,1902,0381,8951,955
subtotal
Student Financial Aid
Pell Grants, maximum award (in4,3104,0504,7004,3104,241
dollars, non-add)
Pell Grants13,66113,41415,58314,48714,215
Supplemental Educational7710771771757
Opportunity Grants
Federal Work-Study980980980980980
Federal Perkins Loans650656564
Leveraging Educational Assistance650656564
Partnership (LEAP)
Student Financial Aid subtotal15,54214,39417,46516,36916,081



Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Student Aid Administration
Student Aid Administration718708708708696
Higher Education
Aid for Institutional Development506489648507501
Fund for the Improvement of22226382120
Postsecondary Education (FIPSE)
TRIO Programs828828868858828
GEAR UP303303323313303
Higher Education, otherg292202282279269
Higher Education subtotalg1,9511,8452,1852,0402,022
Howard University
Howard University237234237237233
Institute of Education Sciences
Institute of Education Sciences517594535590546
Departmental Management
Departmental Management560594366569552
Department of Education, otherh
Department of Education, other11111
TOTALS, DEPARTMENT OF EDUCATION
Total Appropriationsi60,31059,09964,96062,98262,318
Current Year Funding45,27644,06547,95645,96545,301
One-Year Advance Funding15,03415,03417,00417,01817,017
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II.
Note: Details may not add to totals due to rounding.
a. The ESEA total reported in this table for the FY2008 enacted appropriations does not match the
ESEA total reported by ED due to the treatment of reductions to prior year advance funding.
Reductions to prior year advance funding do not affect funding provided for ESEA in the
FY2008 Consolidated Appropriations Act. ED, however, took these deductions from current
year funding, rather than from prior year advance funding, which reduces the FY2008 ESEA
total based on ED’s calculations to $24.4 billion. In addition, the totals for ESEA reported in
this table also do not match the ESEA totals reported by ED for FY2007 enacted, the Senate
bill, or FY2008 enacted because the congressional totals appear to have included $2 million for
the Academies for American History program under the Fund for the Improvement of Education
(ESEA, Title V-D). The Academies for American History program is authorized by the
American History and Civics Education Act, not the ESEA. If this funding were excluded from
the congressional ESEA totals, FY2007 enacted appropriations would have provided $23,479
million for ESEA, the Senate bill would have provided $24,576 million for ESEA, and the
FY2008 enacted appropriations would have provided $24,571 million for ESEA (without
accounting for the aforementioned prior year appropriations issue). It appears that neither the
request nor the House bill would have provided funding for the Academies for American History
program.
b. The total reported for Title I, Part A, Grants to LEAs for the FY2008 enacted appropriations does
not match the program total reported by ED due to the treatment of reductions to prior year
advance funding. Reductions to prior year advance funding do not affect funding provided for
this program in the FY2008 Consolidated Appropriations Act. ED, however, took these
deductions from current year funding, rather than from prior year advance funding, which
reduces the FY2008 program total based on ED’s calculations to $13.9 billion.



c. The total reported for Teacher Quality State Grants for the FY2008 enacted appropriations does
not match the program total reported by ED due to the treatment of reductions to prior year
advance funding. Reductions to prior year advance funding do not affect funding provided for
this program in the FY2008 Consolidated Appropriations Act. ED, however, took these
deductions from current year funding, rather than from prior year advance funding, which
reduces the FY2008 program total based on ED’s calculations to $2.9 billion.
d. Funded at $0.2 million in FY2007.
e. The total reported for IDEA Part B Grants to States for the FY2008 enacted appropriations does
not match the program total reported by ED due to the treatment of reductions to prior year
advance funding. Reductions to prior year advance funding do not affect funding provided for
this program in the FY2008 Consolidated Appropriations Act. ED, however, took these
deductions from current year funding, rather than from prior year advance funding, which
reduces the FY2008 program total based on ED’s calculations to $10.9 billion.
f. The total reported for Career and Technical Education State Grants for the FY2008 enacted
appropriations does not match the program total reported by ED due to the treatment of
reductions to prior year advance funding. Reductions to prior year advance funding do not
affect funding provided for this program in the FY2008 Consolidated Appropriations Act. ED,
however, took these deductions from the succeeding fiscal year funding, rather than from prior
year advance funding, which reduces the FY2008 program total based on EDs calculations by
$14 million.
g. The Tribally Controlled Postsecondary Career and Technical Institutions program was included
under Perkins Career and Technical Education under the FY2008 request and the House bill.
The Senate bill and the FY2008 Consolidated Appropriations Act, however, included funding
for this program under Higher Education. For comparison purposes, funds for this program that
were included in the request and the House bill were moved to the Higher Education account.
Thus, the account totals for Vocational and Adult Education and for Higher Education for the
request and the House bill will not match the totals included in the joint explanatory statement
that accompanied P.L. 110-161.
h. Includes two appropriations: College Housing and Academic Facilities Loans, and Historically
Black Colleges and Universities Capital Financing program.
i. Appropriations totals include discretionary and mandatory funds, and are subject to additional
scorekeeping and other adjustments. In addition, due to differences in the treatment of
reductions to prior year advance funding in the FY2008 Consolidated Appropriations Act and
by ED (see previous discussion), total funding for the Department of Education appropriated
for FY2008 according to ED is $60.1 billion.



Related Agencies
FY2007 discretionary appropriations for L-HHS-ED related agencies were $11.5
billion, as shown in Table 13. For FY2008, the Administration requested $11.3
billion, or $0.2 billion (1.7%) less than the FY2007 amount. The House bill would
have provided $11.9 billion for FY2008, and the Senate bill would have provided
$12.1 billion. P.L. 110-161 provided $12.0 billion, increasing funding for related
agencies by $438 million (3.8%) over FY2007.
Table 13. Related Agencies Discretionary Appropriations
($ in billions)
F unding FY2007Ena c t e d FY2008Request FY2008House FY2008Sena t e FY2008Ena c t e d
Appropriatio ns 11.5 11.3 11.9 12.1 12.0
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Amounts represent discretionary
spending funded by L-HHS-ED appropriations; funds for mandatory programs are excluded.
Mandatory programs for related agencies included in the L-HHS-ED bill are
funded at $39.0 billion for FY2008, virtually all of it for the Supplemental Security
Income (SSI) program.
Key Issues
President’s Request. The President’s FY2008 budget for related agencies
proposed discretionary spending changes of at least $100 million for the following
agencies:
!The Corporation for Public Broadcasting (CPB) has been provided
with a two-year advance appropriation in recent years. The
President’s FY2008 budget did not request FY2010 funds for CPB.
The CPB has been funded at $400 million for FY2009 (included in
L-HHS-ED funding for FY2007 under the Revised Continuing
Appropriations Resolution, P.L. 110-5), and $400 million for
FY2008 (enacted in FY2006).
!The Administration’s request for FY2008 would have increased
funding for SSA administrative expenses by $301 million to $9.6
billion, up from $9.3 billion for FY2007.
House Bill. For Related Agencies, the House bill differed by at least $100
million from the President’s budget request, as follows.
!The House bill would have provided CPB with advance funding for
FY2010 of $420 million. The Administration did not request funds
for FY2010.



!The House bill would have increased funding for SSA
administrative expenses to $9.7 billion, $100 million more than
requested by the Administration, and $401 million more than the
amount appropriated for FY2007.
Senate Bill. The Senate bill differed from the House bill by at least $100
million for SSA administrative expenses.
!The Senate bill would have increased funding for SSA
administrative expenses to $9.9 billion, $175 million more than the
House bill and $275 million more than requested.
Conference Report (Vetoed). Compared to FY2007 funding, the conference
agreement would have changed discretionary spending by at least $100 million for
SSA administrative expenses.
!Funding for Social Security Administration (SSA) administrative
expenses would have risen by $576 million to $9.9 billion, from
$9.3 billion for FY2007.
Public Law. Compared to FY2007 funding, P.L. 110-161 changed
discretionary spending by at least $100 million for SSA administrative expenses.
!Funding for Social Security Administration (SSA) administrative
expenses was increased by $451 million to $9.7 billion, from $9.3
billion for FY2007.
CRS Products
CRS Report RS22168, The Corporation for Public Broadcasting: Federal Funding
Facts and Status, by Glenn J. McLoughlin.
CRS Report RL31320, Federal Aid to Libraries in the Museum and Library Services
Act of 2003, by Gail McCallion.
CRS Report RS22677, Social Security Administration: Administrative Budget
Issues, by Kathleen Romig.
CRS Report RL33544, Social Security Reform: Current Issues and Legislation, by
Dawn Nuschler.
Websites
Note: Not all of the websites for the related agencies of L-HHS-ED appropriations
include FY2008 budget information.
Committee for Purchase From People Who Are Blind or Severely Disabled
[ http://www.jwod.gov/jwod/index .html]



Corporation for National and Community Service
[ http://www.cns.gov]
Corporation for Public Broadcasting
[ h ttp://www.cpb.org]
Federal Mediation and Conciliation Service
[ http://www.fmcs.gov]
Federal Mine Safety and Health Review Committee
[ h ttp://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
[ http://www.nlrb.gov]
National Mediation Board
[ http://www.nmb.gov]
Occupational Health and Safety Review Commission
[ h ttp://www.oshrc.gov]
Railroad Retirement Board
[ h ttp://www.rrb.gov]
Social Security Administration
[ http://www.ssa.gov]
[ http://www.ssa.gov/budget]



Detailed Appropriations Table
Table 14 shows the appropriations details for offices and major programs of the
L-HHS-ED related agencies.
Table 14. Detailed Related Agencies Appropriations
($ in millions)
Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Committee for Purchase from People55555
Who Are Blind or Severely Disabled
Corporation for National and Community Service (CNCS)a
CNCS Domestic Volunteer Service Programs (DVSP)
Volunteers in Service to America9990959594
(VIST A)
National Senior Volunteer Corps218204218218214
DVSP subtotal317294313313308
CNCS National and Community Service Programs (NCSP)
National Service Trust118123123118123
AmeriCorps Grants265256256276257
National Civilian Community Corps2712123224
NCSP, other8370666672
NCSP subtotal493459456491475
CNCS, other 7575747674
CNCS subtotal885829843881856
Corporation for Public Broadcasting (CPB)
CPB, two-year advance for FY2010
(current request) with FY20094000420420420
comp arable
CPB advance for FY2009 with400400400400400
FY2008 comparable (non-add)
CPB FY2009 rescission (non-add)00000
CPB advance for FY2008 with400400400400393
FY2007 comparable (non-add)
CPB FY2008 rescission (non-add)0(50)000
CPB Digitalization Program300303029
CPB Interconnection350272726
CPB FY2008 subtotal640565655
Federal Mediation and Conciliation4344444443
Ser vice
Federal Mine Safety and Health88888
Review Committee
Institute of Museum and Library247271265266264


Services (IMLS)

Office or Major ProgramFY2007EnactedFY2008RequestFY2008HouseFY2008SenateFY2008Enacted
Medicare Payment Advisory1211111111
C o mmi s s i o n
National Commission on Libraries1000.40.4
and Information Science
National Council on Disability33333
National Labor Relations Board252256257257252
National Mediation Board1212131313
Occupational Safety and Health1011111111
Review Commission
Railroad Retirement Board193184184185181
Social Security Administration (SSA)b
SSA Payments to Social Security2028282828
Trust Fund (mandatory)
Supplemental Security Income (SSI)42,93138,72838,72838,72938,728
(mandato ry)
SSI Administrative Expenses2,9502,983 3,0213,0773,019
SSA SSI subtotal45,88141,71141,74941,80641,747
Social Security and Medicare6,3456,6146,6766,7956,728
Administrative Expenses
Total SSA Administrative Expenses9,2969,5979,6979,8729,747
(non-add)
SA Ofice of Inspector Genral9295959692
SSA subtotal52,33948,44848,54848,72548,595
TOTALS, RELATED AGENCIES
Total Appropriationsc54,47450,08250,67050,88650,716
Current Year Funding37,26435,28235,45035,66635,496
One-Year Advance Funding16,81014,80014,80014,80014,800
Two-Year Advance Funding4000420420420
Source: Amounts are based on the Dec. 17, 2007, table from House Appropriations Committee,
reflecting the explanatory statement on Division G of H.R. 2764, Consolidated Appropriations Act,
2008, printed in Congressional Record, Dec. 17, 2007, Book II. Details may not add to totals due to
r o und i ng.
a. Through FY2005, CNCS AmeriCorps Grants and other programs under the National and
Community Service Act were funded in the Veterans Affairs-Housing and Urban Development
(VA-HUD) Appropriations Act. All CNCS programs have been funded in L-HHS-ED since
FY2006.
b. The Social Security trust funds are considered off-budget, but the Supplemental Security Income
(SSI) program, SSA administrative expenses, and certain related SSA activities are included
under L-HHS-ED related agencies.
c. Appropriations totals include discretionary and mandatory spending, and are subject to additional
scorekeeping and other adjustments.



Appendix A. Terminology and Web Resources
The following items include some of the key budget terms used in this report;
they are based on CRS Report 98-720, Manual on the Federal Budget Process, by
Robert Keith and Allen Schick. The websites provide general information on the
federal budget and appropriations.
Advance appropriation is budget authority that will become available in a fiscal
year beyond the fiscal year for which the appropriations act is enacted; scorekeeping
counts the entire amount in the fiscal year it first becomes available for obligation.
Appropriation is budget authority that permits federal agencies to incur obligations
and to make payments out of the Treasury for specified purposes. Appropriations
represent the amounts that agencies may obligate during the period of time specified
in the law. Annual appropriations are provided in appropriations acts; most
permanent appropriations are provided in substantive law. Major types of
appropriations are regular, supplemental, and continuing.
Budget authority is legal authority to incur financial obligations that normally result
in the outlay of federal government funds. Major types of budget authority are
appropriations, borrowing authority, and contract authority. Budget authority also
includes the subsidy cost to the federal government of direct loans and loan
guarantees, estimated on a net present value basis.
Budget resolution is a concurrent resolution passed by both chambers of Congress,
but not requiring the signature of the President, setting forth the congressional budget
for at least five fiscal years. It includes various budget totals and functional
allocations.
Discretionary spending is budget authority provided in annual appropriations acts,
other than appropriated entitlements.
Entitlement authority is the authority to make payments to persons, businesses, or
governments that meet the eligibility criteria established by law; as such, it represents
a legally binding obligation on the part of the federal government. Entitlement
authority may be funded by either annual or permanent appropriations acts.
Forward funding is budget authority that becomes available after the beginning of
the fiscal year for which the appropriation is enacted and remains available into the
next fiscal year; the entire amount is counted or scored in the fiscal year in which it
first becomes available.
Mandatory (direct) spending includes (a) budget authority provided in laws other
than appropriations; (b) entitlement authority; and (c) the Food Stamp program.
Rescission is the cancellation of budget authority previously enacted.
Scorekeeping is a set of procedures for tracking and reporting on the status of
congressional budgetary actions.



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/]
[ h ttp://republicans.appropriations.house.gov/]
[ http://budget.house.gov/]
[ http://budget.house.gov/republicans/]
Senate Committees
[http://appropriations.senat e.gov/]
[ h ttp://budget.senate.gov/democratic/]
[ h ttp://budget.senate.gov/republican/]
Congressional Budget Office (CBO)
[ http://www.cbo.gov/]
Congressional Research Service (CRS)
[ http://apps.crs.gov/cli/level _2.aspx ? PRDS_CLI_ITEM_ID=73]
Government Accountability Office (GAO)
[ http://www.gao.gov/]
Government Printing Office (GPO)
[ h ttp://www.gpoaccess.gov/usbudget/]
Office of Management and Budget (OMB)
[ http://www.whitehouse.gov/omb/budget/index .html]
[ http://www.whitehouse.gov/omb/legi slative/sap/index .html]