Appropriations for FY2005: Labor, Health and Human Services, and Education

CRS Report for Congress
Appropriations for FY2005:
Labor, Health and Human Services,
and Education
Updated January 11, 2005
Paul M. Irwin
Specialist in Social Legislation
Domestic Social Policy Division


Congressional Research Service ˜ The Library of Congress

The annual consideration of appropriations bills (regular, continuing, and supplemental) by
Congress is part of a complex set of budget processes that also encompasses the
consideration of budget resolutions, revenue and debt-limit legislation, other spending
measures, and reconciliation bills. In addition, the operation of programs and the spending
of appropriated funds are subject to constraints established in authorizing statutes.
Congressional action on the budget for a fiscal year usually begins following the submission
of the President’s budget at the beginning of each annual session of Congress.
Congressional practices governing the consideration of appropriations and other budgetary
measures are rooted in the Constitution, the standing rules of the House and Senate, and
statutes, such as the Congressional Budget and Impoundment Control Act of 1974.
This report is a guide to one of the 13 regular appropriations bills that Congress considers
each year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on Labor, Health and Human Services, and Education, and
Related Agencies. It summarizes the status of the bill, its scope, major issues, funding
levels, and related congressional activity, and is updated as events warrant. The report lists
the key CRS staff relevant to the issues covered and related CRS products.
NOTE: A Web version of this document with active links is
available to congressional staff at [http://www.crs.gov/
product s / a ppropri at i o ns/ a pppage.sht m l ] .



Appropriations for FY2005:
Labor, Health and Human Services, and Education
Summary
This report tracks the legislative progress of the FY2005 appropriations for the
Departments of Labor, Health and Human Services, and Education, and Related
Agencies (L-HHS-ED). This legislation provides discretionary funds for three major
federal departments and related agencies. The report summarizes L-HHS-ED
discretionary funding issues but not authorization or entitlement issues.
On February 2, 2004, the President submitted the FY2005 budget request to the
Congress, including $142.9 billion in discretionary L-HHS-ED funds; the comparable
FY2004 appropriation was $139.8 billion, enacted primarily through P.L. 108-199.
The House and Senate FY2004 proposals — H.R. 5006 (H.Rept. 108-636) and S.
2810 (S.Rept. 108-345), respectively — were combined in Division F of H.R. 4818
(H.Rept. 108-792), the Consolidated Appropriations Act, 2005, to provide $144.0
billion of discretionary L-HHS-ED funds prior to a reduction (see page 9). Three
continuing resolutions, beginning with P.L. 108-309, provided temporary FY2005
funding until H.R. 4818 was signed into law on December 8, 2004, as P.L. 108-447.
Department of Labor (DOL): DOL discretionary appropriations were $11.8
billion in FY2004; $12.1 billion is provided for FY2005. Funding is increased by
$217 million for the Workforce Investment Act (WIA) programs; $250 million is
designated for a WIA Community College Initiative. Restrictions on new DOL
overtime regulations were not included in P.L. 108-447.
Department of Health and Human Services (HHS): HHS discretionary
appropriations were $62.2 billion in FY2004; $64.2 billion is provided for FY2005.
Funding for the National Institutes of Health (NIH) is increased by $800 million.
The Community Health Centers, Health Care-related Facilities and Activities,
Centers for Disease Control and Prevention (CDC), Low-Income Home Energy
Assistance Program (LIHEAP), and Head Start each receive increases of at least $100
million. Abortion restrictions are extended to protect funding for health care entities
that do not provide abortion services; this additional restriction has been referred to
as the “Weldon Amendment.”
Department of Education (ED): ED discretionary appropriations were $55.7
billion in FY2004, $57.0 billion is provided for FY2005. Funding is increased for
Title I, Part A Grants to Local Educational Agencies by $500 million, Individuals
with Disabilities Education Act (IDEA) Part B Grants to States by $607 million, and
Pell Grants by $458 million. Funding for Educational Technology State Grants is
reduced by $192 million.
Related Agencies: Discretionary appropriations for related agencies were $10.1
billion in FY2004, $10.6 billion is provided for FY2005. Administrative Expenses
of the Social Security Administration (SSA) are increased by $467 million.



Area of ExpertiseNameTelephone
CoordinatorPaul M. Irwin7-7573
Department of Labor
Job training and employment servicesAnn Lordeman7-2323
Labor market informationLinda Levine7-7756
Labor standards enforcementWilliam G. Whittaker7-7759
Mine Safety and Health AdministrationEdward B. Rappaport7-7740
Occupational Safety and Health AdministrationEdward B. Rappaport7-7740
Older Americans Act, employment programsCarol V. OShaughnessy7-7329
Pension and Welfare BenefitsPaul J. Graney7-2290
Trade Adjustment AssistancePaul J. Graney7-2290
Unemployment compensationJulie Whittaker7-2587
Veterans EmploymentPaul J. Graney7-2290
Welfare-to-WorkGene Falk7-7344
Workforce Investment ActAnn Lordeman7-2323
Department of Health and Human Services
Abortion, legal issuesKaren J. Lewis7-6190
Abortion, legal issuesJon Shimabukuro7-7990
Abortion proceduresJudith A. Johnson7-7077
AIDS, Ryan White programsJudith A. Johnson7-7077
Bioterrorism, HHS fundingSarah Lister7-7320
Bioterrorism, HHS fundingC. Stephen Redhead7-2261
Bioterrorism, HHS fundingPamela W. Smith7-7048
Cancer researchJudith A. Johnson7-7077
Centers for Disease Control and PreventionPamela W. Smith7-7048
Child care and developmentMelinda Gish7-4618
Child welfareEmilie Stoltzfus7-2324
Child welfareKaren Spar7-7319
Cloning, Stem Cell ResearchJudith A. Johnson7-7077
Community Health CentersSharon Kearney Coleman7-7367
Family Planning, Title XSharon Kearney Coleman7-7367
Head StartMelinda Gish7-4618
Health professions education and trainingBernice Reyes-Akinbileje7-2260
Health Resources and Services AdministrationSharon Kearney Coleman7-7367
Immigration and refugee policyRuth Wasem7-7342
ImmunizationPamela W. Smith7-7048
Low-Income Home Energy Assistance ProgramEmilie Stoltzfus7-2324
Maternal and Child Health Block GrantSharon Kearney Coleman7-7367
MedicaidElicia Herz7-1377
MedicareJennifer O’Sullivan7-7359
Needle exchange, AIDSJudith A. Johnson7-7077
NIH, health research policyPamela W. Smith7-7048
NIH, health research policyJudith A. Johnson7-7077
Older Americans ActCarol V. OShaughnessy7-7329



Area of ExpertiseNameTelephone
Public Health ServiceSharon Kearney Coleman7-7367
Social Services Block GrantMelinda Gish7-4618
State Childrens Health Insurance ProgramEvelyne Baumrucker7-8913
Stem Cell Research, CloningJudith A. Johnson7-7077
Substance Abuse and Mental Health ServicesC. Stephen Redhead7-2261
Weatherization AssistanceFred Sissine7-7039
Welfare reformGene Falk7-7344
Department of Education
Adult education and literacyPaul M. Irwin7-7573
After-school programsGail McCallion7-7758
Assessment in educationWayne C. Riddle7-7382
Charter SchoolsDavid Smole7-0624
Education block grantsRebecca R. Skinner7-6600
Education of the Disadvantaged, Title IWayne C. Riddle7-7382
Education technologyCharmaine Mercer7-4894
English Language AcquisitionJeffrey J. Kuenzi7-8645
Higher EducationAdam Stoll7-4375
Impact AidRebecca R. Skinner7-6600
Indian EducationRoger Walke7-8641
Pell GrantsCharmaine Mercer7-4894
Reading programsGail McCallion7-7758
Rehabilitation ActSidath Panangala7-0623
Safe and Drug-Free Schools and CommunitiesEdith Fairman Cooper7-7019
School facilitiesSusan Boren7-6899
Special education, IDEARichard N. Apling7-7352
Special education, IDEA, legal issuesNancy Lee Jones7-6976
Student aidAdam Stoll7-4375
Student aidCharmaine Mercer7-4894
Student loansAdam Stoll7-4375
Teacher recruitment, preparation, and trainingJeffrey J. Kuenzi7-8645
21st Century Community Learning CentersGail McCallion7-7758
Vocational and Technical EducationRebecca R. Skinner7-6600
Related Agencies
Corporation for National and Community ServiceAnn Lordeman7-2323
(VISTA, Senior Corps)
Corporation for Public BroadcastingGlenn McLaughlin7-7073
Library ServicesGail McCallion7-7758
Museum ServicesSusan Boren7-6899
National Labor Relations BoardGerald Mayer7-7815
National Labor Relations Board, legal issuesJon Shimabukuro7-7990
Railroad Retirement BoardDawn Nuschler7-6283
Social Security AdministrationDawn Nuschler7-6283
Supplemental Security IncomeGary Sidor7-2588



Contents
Most Recent Developments..........................................1
P.L. 108-447 (H.R. 4818) Enacted.............................1
Senate Bill S. 2810 Reported.................................1
House Bill H.R. 5006 Passed.................................1
President’s Budget Submitted................................1
Note on Most Recent Data...................................2
Summary and Key Issues............................................2
Program Level and Current Year Appropriations.....................3
President’s Request............................................4
House Bill...................................................6
Senate Bill...................................................7
Public Law...................................................8
“Across-the-Board” Reductions for FY2005.....................9
FY2005 Funding Highlights.................................9
Earmarks for Specific Projects...................................11
302(a) and 302(b) Allocation Ceilings.............................12
Advance Appropriations.......................................13
Major Funding Trends.........................................14
Department of Labor..............................................15
Key Issues..................................................15
President’s Request.......................................15
House Bill..............................................16
Senate Bill..............................................16
Public Law..............................................16
Overtime Pay Regulation...................................16
CRS Products................................................17
Websites ....................................................17
Detailed Appropriations Table...................................17
Department of Health and Human Services.............................20
Key Issues..................................................20
President’s Request.......................................20
House Bill..............................................21
Senate Bill..............................................22
Public Law..............................................22
Abortion: Funding Restrictions..............................23
Embryonic Stem Cell Research: Funding Restrictions............23
CRS Products................................................24
Websites ....................................................25
Detailed Appropriations Table...................................25
Department of Education...........................................28
Key Issues..................................................28
President’s Request.......................................28
House Bill..............................................29
Senate Bill..............................................30



IDEA Part B Grants to States................................31
Pell Grants..............................................31
Forward Funding and Advance Appropriations..................31
CRS Products................................................33
Websites ....................................................34
Detailed Appropriations Table...................................34
Related Agencies.................................................37
Key Issues..................................................37
President’s Request.......................................37
House Bill..............................................38
Senate Bill..............................................38
Public Law..............................................38
CRS Products................................................38
Websites ....................................................38
Detailed Appropriations Table...................................39
Related Legislation...............................................42
FY2005 Continuing Resolution, P.L. 108-309 (H.J.Res. 107)..........42
FY2005 Supplemental Appropriations for Hurricanes, P.L. 108-324
(H.R. 4837).............................................43
FY2005 Budget Resolution, S.Con.Res. 95/H.Con.Res. 393...........43
FY2005 Education Appropriations, H.R. 4473......................44
FY2004 Omnibus Appropriations, P.L. 108-199 (H.R. 2673)..........45
“Across-the-Board” Reductions for FY2004....................45
Appendix A: Terminology and Web Resources.........................47
Websites ....................................................48
Appendix B: Context of L-HHS-ED Appropriations.....................49
List of Tables
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2005..........1
Table 2. Summary of L-HHS-ED Appropriations........................4
Table 3. Summary of Estimated L-HHS-ED Earmarks...................11
Table 4. FY2005 302(b) Discretionary Allocations for L-HHS-ED..........13
Table 5. L-HHS-ED Discretionary Funding Trends from FY2000..........14
Table 6. Department of Labor Discretionary Appropriations...............15
Table 7. Detailed Department of Labor Appropriations...................18
Table 8. Department of Health and Human Services Discretionary
Appropriations ...............................................20
Table 9. Detailed Department of Health and Human Services
Appropriations ...............................................26
Table 10. Department of Education Discretionary Appropriations..........28
Table 11. Detailed Department of Education Appropriations..............35
Table 12. Related Agencies Discretionary Appropriations.................37
Table 13. Detailed Related Agencies Appropriations.....................40
Table 14. Discretionary Budget Authority for L-HHS-ED Budget
Functions Assumed in the FY2005 Budget Resolution................44
Table B.1. Context of the L-HHS-ED Bill, FY2004.....................49



Appropriations for FY2005:
Labor, Health and Human Services,
and Education
Most Recent Developments
P.L. 108-447 (H.R. 4818) Enacted. Following a series of three continuing
resolutions, the Departments of Labor, Health and Human Services, and Education,
and Related Agencies (L-HHS-ED) Appropriations Act, 2005, was enacted on
December 8, 2004, as Division F of P.L. 108-447, the Consolidated Appropriations
Act, 2005 (H.R. 4818, H.Rept. 108-792). Prior to the 0.80% reduction for most
discretionary activities (see page 9), the act provides $144.0 billion for L-HHS-ED
discretionary programs; the comparable FY2004 amount was $139.8 billion.
Senate Bill S. 2810 Reported. On September 15, 2004, the Senate
Committee on Appropriations reported S. 2810 (S.Rept. 108-345). The bill would
have provided $145.9 billion in L-HHS-ED discretionary appropriations for FY2005.
House Bill H.R. 5006 Passed. On September 9, 2004, the House amended
and approved H.R. 5006 (H.Rept. 108-636), its version of FY2005 bill, which would
have provided $143.1 billion in L-HHS-ED discretionary appropriations.
President’s Budget Submitted. On February 2, 2004, the President
submitted the FY2005 budget to Congress; the request was for $142.9 billion in
discretionary funds for L-HHS-ED programs.
Table 1 summarizes the legislative status of FY2005 L-HHS-ED appropriations.
Table 1. Legislative Status of L-HHS-ED Appropriations, FY2005
Subco mmi ttee H. R .4818 Co nf erence
markupH.R.H.R.Confer.report approvalPublic
5006,5006,S. 2810,reportLaw
H. R e p t . Ho u s e S.Rept. Sena te H. R e p t . P. L .Ho u s e Sena te
108-636 pa ssage 108-345 pa ssage 108-792 108-447Ho u s e S en a te pa ssage pa ssage
7/08/04 9/09/049/07/04 9/09/04388-13 9/15/04 11/20/0411/20/0411/20/0412/08/04
(18-0) (a) (b ) (c) (d ) (e) (f ) (g) (h )
a. The Senate Subcommittee on Labor, Health and Human Services, and Education Appropriations
polled its members and approved its version of the FY2005 L-HHS-ED appropriations on
September 9, 2004.



b. H.R. 5006: The House Committee on Appropriations approved its version of the FY2005 L-HHS-
ED appropriations on July 14, 2004, and ordered the bill reported. Subsequently, H.R. 5006
(H.Rept. 108-636) was introduced and reported on September 7, 2004.
c. H.R. 5006: The House passed H.Res. 754, (H.Rept. 108-661), the rule for the floor consideration
of H.R. 5006, by voice vote; see Congressional Record, Daily Edition, September 8, 2004,
p. H6763-6772. The House amended and passed H.R. 5006, September 9, 2004; see
Congressional Record, Daily Edition, September 8, 2004, p. H6772-6859, and September 9,
2004, p. H6922-6981. House approval was by a vote of 388-13 (Roll Call No. 440), p. H6980.
d. S. 2810: The Senate Committee on Appropriations reported S. 2810 (S.Rept. 108-345), its version
of the FY2005 L-HHS-ED appropriations, on September 15, 2004.
e. H.R. 4818: The text of H.Rept. 108-792, the conference report on H.R. 4818, the Consolidated
Appropriations Act, 2005, is printed in the Congressional Record, November 19, 2004, Book II,
p. H10235-10887.
f. H.R. 4818: The House approved the conference agreement on H.R. 4818; see Congressional
Record, Daily Edition, November 19, 2004, p. H10099-10209. House approval was by a vote
of 344-51, 1 present (Roll Call No. 542).
g. H.R. 4818: The Senate approved the conference agreement on H.R. 4818; see Congressional
Record, Daily Edition, November 19, 2004, p. S11740-11767. Senate approval was by a vote
of 65-30 (Roll Call No. 215). However, H.R. 4818 was held at the desk in the Senate until
agreement was reached on H.Con.Res. 528 on December 6, 2004.
h. P.L. 108-447: On December 8, 2004, the President signed H.R. 4818 into law as P.L. 108-447.
Three FY2005 continuing resolutions, beginning with P.L. 108-309 (H.J.Res. 107), provided
temporary FY2005 funding for most L-HHS-ED activities for the period October 1 through
December 8, 2004.
Note on Most Recent Data. In this report, data on FY2004 and FY2005
appropriations are based on the FY2005 L-HHS-ED conference report, H.Rept. 108-
792, November 20, 2004. The FY2005 House appropriations represent the
H.R. 5006 amounts approved by the House on September 9, 2004; the FY2005
Senate appropriations represent the S. 2810 amounts reported by the Senate
Committee on Appropriations on September 15, 2004. The FY2005 conference
amounts are pre-reduction and do not take into account the cuts (see page 9) required
elsewhere in P.L. 108-447, the Consolidated Appropriations Act, 2005. The FY2004
amounts are post-reduction and primarily are based on the Consolidated
Appropriations Act, 2004, P.L. 108-199 (see page 45). In most cases, data represent
net funding for specific programs and activities and take into account current and
forward funding and advance appropriations; however, all data are subject to
additional budgetary scorekeeping. Except where noted, budget data refer only to
those programs within the purview of the L-HHS-ED appropriations bill, and not to
all programs within the jurisdiction of the relevant departments and agencies,
including funding from other appropriations bills and entitlements funded outside of
the annual appropriations process.
Summary and Key Issues
This report describes the President’s proposal for FY2005 appropriations for
L-HHS-ED programs, as submitted to the Congress February 2, 2004, and the
congressional response to that proposal. It compares the President’s FY2005 request
to the FY2004 L-HHS-ED amounts. It tracks legislative action and congressional
issues related to the FY2005 L-HHS-ED appropriations bill, with particular attention
paid to discretionary programs. In addition, the report summarizes activities related
to the annual budget process, such as the congressional budget resolution, continuing
resolutions, and supplemental appropriations (see “Related Legislation,” page 42).



However, the report does not follow specific funding issues related to mandatory
L-HHS-ED programs — such as Medicare or Social Security — nor will it follow the
authorizing legislation associated with funding some of the President’s initiatives.
For a glossary of budget terms and relevant websites, see “Appendix A:
Terminology and Web Resources,” page 47. For funding resources for L-HHS-ED
agencies, see “Appendix B: Context of L-HHS-ED Appropriations,” page 49.
The L-HHS-ED bill typically is one of the more controversial of the 13 regular
appropriations bills, not only because of the size of its funding total and the scope of
its programs, but also because of the continuing importance of various related issues,
such as restrictions on the use of federal funds for abortion, stem cell research, and
human cloning, or modifications of overtime pay regulations. This bill provides most
of the discretionary funds for three federal departments and several related agencies
including the Social Security Administration (SSA). Of the 13 annual appropriations
bills, the L-HHS-ED bill is the largest single source of discretionary funds for
domestic federal programs; the Defense bill is the largest source of discretionary
funds among all federal programs. For FY2004, the L-HHS-ED bill accounted for
$140.9 billion (17.9%) and the Defense bill accounted for $336.1 billion (46.5%) of
the estimated $787.3 billion total for all federal discretionary budget authority, as
reported in Budget of the United States Government Fiscal Year 2005, Table S-5.
This section summarizes major funding changes proposed for L-HHS-ED and related
issues such as 302(b) allocations, advance appropriations, and earmarks for specific
projects. Later sections provide additional details for each L-HHS-ED department.
Program Level and Current Year Appropriations
Table 2 summarizes the L-HHS-ED appropriations for FY2005, including both
discretionary and mandatory appropriations. The table shows various aggregate
measures of final FY2004 and proposed FY2005 L-HHS-ED appropriations,
including discretionary program level, current year, and advance appropriations, as
well as scorekeeping adjustments.
!Program level appropriations reflect the total discretionary
appropriations in a given bill, regardless of the year in which they
will be spent, and therefore include advance funding for future years.
Unless otherwise specified, appropriations levels in this report refer
to program level amounts.
!Current year appropriations represent discretionary
appropriations in a given bill for the current year, plus discretionary
appropriations for the current year that were enacted in prior years.
Current year discretionary appropriations are similar to the amount
counted for the 302(b) allocations ceilings (discussed later, page ?).
!Advance appropriations are funds that will not become available
until after the fiscal year for which the appropriations are enacted —
for example, funds included in the FY2004 act that cannot be spent
before FY2005 at the earliest (discussed later, page 13).
!Scorekeeping adjustments are made to account for special funding
situations; the Congressional Budget Office (CBO) monitors these
adjustments.



Because appropriations may consist of mixtures of budget authority enacted in
various years, two summary measures are frequently used — program level
appropriations and current year appropriations. How are these measures related?
For an “operational definition,” program level funding equals (a) current year, plus
(b) advances for future years, minus (c) advances from prior years, and minus
(d) scorekeeping adjustments. Table 2 shows these amounts, along with current year
funding for mandatory programs and some grand totals for the L-HHS-ED bill.
Table 2. Summary of L-HHS-ED Appropriations
($ in billions)
FY2004 FY2005 FY2005 FY2005 FY2005
Type of budget authorityestimaterequestHouseSenateenacted
Discretionary appropriations
Program level: current bill for$139.8$142.9$143.1$145.9$144.0
any year
Current year: current year from139.4142.3142.5142.3143.3
any bill
Advances for future years (from19.318.919.319.319.3
the current bill)
Advances from prior years19.219.319.319.319.3
(from previous bills)
Scorekeeping adjustments-0.3-1.0-0.6-3.6-0.7
Current year discretionary and mandatory funding
Discretionary139.4142.3142.5 142.3 143.3
Mand atory 331.9 349.9 349.9 346.7 349.9
Total current year471.3492.2492.4489.0493.2
Grand total of funding for L-HHS-ED bill, any year
Grand total any year$479.8$496.4$496.7 $499.5$497.6
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004.
FY2005 conference amounts are pre-reduction; they do not reflect the cuts required elsewhere in the
conference agreement (see page 9). FY2004 amounts are post-reduction (see page 45) and are based
on P.L. 108-199. Appropriations are given only for programs included in the annual L-HHS-ED bill.
Note: Both FY2004 and FY2005 mandatory amounts are estimates that are subject to adjustments
after the close of their respective fiscal years.
President’s Request
The President’s FY2005 request was submitted to Congress on February 2,
2004, less than two weeks after the regular FY2004 L-HHS-ED appropriations were
signed into law as P.L. 108-199 (enacted January 23, 2004). With regard to the
President’s budget, the primary issues raised during congressional consideration of
any appropriations request generally relate to proposed funding changes. The
summary below notes changes proposed for FY2005 discretionary budget authority
of at least $100 million compared to the FY2004 amount. Viewing this list by itself



should be done with caution, since the relative impact of a $100 million funding
change to a $500 million program (a 20% increase or decrease) is greater than a $100
million change to a $5 billion program (a 2% increase or decrease). Later in this
report, the discussions of budgets for individual departments include tables to
compare the FY2005 request with the FY2004 funding for many of the major
programs in the L-HHS-ED bill.
Budget Highlights. Overall, $142.9 billion in discretionary appropriations
at the program level was requested for L-HHS-ED for FY2005, a 2.2% increase over
the comparable FY2004 amount of $139.8 billion.
!For Department of Labor (DOL) programs, the FY2005 request
included an increase of $181 million for job training programs
authorized by the Workforce Investment Act of 1998 (WIA). A
WIA Community College Initiative was proposed at $250 million,
and two other initiatives totaled $90 million; funding for existing
WIA programs would be reduced by $159 million. Overall, $12.0
billion in FY2005 discretionary appropriations was requested for
DOL, a 1.7% increase compared to the FY2004 amount of $11.8
billion.
!For Department of Health and Human Services (HHS) programs, the
request proposed an increase of $727 million for the National
Institutes of Health (NIH). An additional $219 million was
proposed for Community Health Centers. Other increases included
an additional $195 million for the Substance Abuse and Mental
Health Services Administration (SAMHSA), $109 million for the
Centers for Medicare and Medicaid Services (CMS) Program
Management, $112 million for the Low-Income Home Energy
Assistance Program (LIHEAP), $169 million for Head Start, $112
million for Abstinence Education, and $101 million for the Safe and
Stable Families discretionary activities. Requested decreases
included reductions of $283 million for Health Professions other
than nursing, $153 million for the Centers for Disease Control and
Prevention (CDC), and $147 million for the Community Services
Block Grant (CSBG). The request would eliminate the $372 million
Health Care-related Facilities and Activities program. Overall,
$63.2 billion in FY2005 discretionary appropriations was requested
for HHS, a 1.6% increase over the FY2004 amount of $62.2 billion.
!For Department of Education (ED) programs, an increase of $0.5
billion was proposed for Elementary and Secondary Education Act
of 1965 (ESEA) programs in aggregate. The request proposed
increases of $1.0 billion for ESEA Title I, Part A Grants to Local
Educational Agencies (LEAs) for the Education of the
Disadvantaged, $1.0 billion for Special Education Part B Grants to
States under the Individuals with Disabilities Education Act (IDEA),
and $0.8 billion for Pell Grants. In addition, $101 million more was
proposed for Reading First State Grants, $100 million for a Striving
Readers Initiative, and $120 million more for Mathematics and
Science Partnerships. Proposed decreases included reductions of
$260 million for the Fund for the Improvement of Education (FIE),



$316 million for the Perkins Vocational Education program, and
$126 million for the Fund for the Improvement of Postsecondary
Education (FIPSE). Elimination of funding was proposed for the
$247 million Even Start program, the $234 million Comprehensive
School Reform Demonstration, and the $174 million Smaller
Learning Communities programs. A discretionary funding increase
of $818 million was requested to support the creation of a unified
discretionary account for the administration of federal student aid
programs. This proposal would have been offset in part by a savings
of $795 million from the consolidation of certain related expenses
for student aid administrative activities. Overall, $57.3 billion in
FY2005 discretionary appropriations was requested for ED, a 2.9%
increase over the FY2004 amount of $55.7 billion.
!For the related agencies, the budget proposed an increase of $520
million for Administrative Expenses at the Social Security
Administration (SSA), and an initial $100 million for an SSA
Medicare Reform Contingency Fund. The budget would not have
provided a two-year advance appropriation for the Corporation for
Public Broadcasting (CPB) for FY2007. The FY2004 L-HHS-ED
bill provided CPB with $400 million for FY2006; the FY2004 CPB
funding level was $378 million. Overall, $10.3 billion in FY2005
discretionary appropriations was requested for related agencies, a

2.0% increase over the FY2004 amount of $10.1 billion.


House Bill
The House Committee on Appropriations reported its version of the FY2005
L-HHS-ED appropriations as H.R. 5006 (H.Rept. 108-636) on September 7, 2004.
The House amended and passed H.R. 5006 on September 9, 2004.
House Highlights. The House approved 11 amendments on the floor,
including a provision to prevent DOL from enforcing some parts of its new overtime
rules that took effect August 23, 2004. An additional restriction on the use of federal
funds for abortion was added at the committee level. The provision, also included
in the conference agreement, prevents federal programs or state or local governments
from requiring health care entities to provide or pay for abortions. This prohibition
has been referred to as the “Weldon Amendment” (H.Rept. 108-792, p. 1271).
Overall, the House bill would have provided program level discretionary
appropriations of $143.1 billion for L-HHS-ED programs for FY2005. The President
requested $142.9 billion; the FY2004 comparable amount was $139.8 billion. The
House bill differs from the President’s request for discretionary appropriations in a
number of details.
!For DOL programs, the House bill would have funded WIA
programs in aggregate at a level that would be $213 million less than
requested and $32 million less than provided in FY2004. Included
in the WIA total was up to $50 million for the Community College
Initiative. Overall, the bill would have provided $11.7 billion in



discretionary appropriations for DOL programs, $0.3 billion less
than requested and $0.1 billion less than in FY2004.
!For HHS programs, the House bill would have funded Health
Professions activities other than nursing at a level that would have
been $258 million less than requested, and SAMHSA would have
received $159 million less than requested. The bill would have
provided the CSBG with $133 million more than requested, and the
Public Health and Social Services Emergency Fund (PHSSEF)
would have received $127 million more. Overall, the bill would
have provided $63.2 billion in discretionary appropriations for HHS
programs, the same as requested and $1.0 billion more than in
FY2004.
!For ED programs, the House bill would have funded ESEA
programs in aggregate at a level $141 million less than requested.
Even Start would have been funded at $247 million and Smaller
Learning Communities at $101 million; zero funding was requested
for both programs. The Innovative Education Block Grant would
have been eliminated; $297 million was requested. The Perkins
Vocational Education programs would have been funded at $322
million more than requested. The House bill would not have
approved the President’s request for the administrative
reclassification of student loans. Overall, the bill would have
provided $57.7 billion in discretionary appropriations for ED
programs, $0.4 billion more than requested, and $2.0 billion more
than in FY2004.
!For the related agencies, the House bill would have provided a two-
year advance appropriation of $400 million for the CPB, which
would not have received funding under the request. No funds would
have been provided for the SSA Medicare Reform Contingency
Fund initiative; initial funding of $100 million was requested.
Overall, the bill would have provided $10.5 billion in discretionary
appropriations for related agencies, $0.2 billion more than requested
and $0.4 billion more than in FY2004.
Senate Bill
The Senate Committee on Appropriations reported its version of the FY2005
L-HHS-ED appropriations as S. 2810 (S.Rept. 108-345) on September 15, 2004.
Senate Highlights. The Senate version of L-HHS-ED appropriations for
FY2005, as reported, includes a provision similar to the House provision to prevent
DOL from enforcing some parts of its new overtime rules that took effect August 23,
2004. Unlike the House bill, the Senate bill would not modify any existing
restrictions on federal funding for abortion.
Overall, the Senate bill would have provided program level discretionary
appropriations of $145.9 billion for L-HHS-ED programs for FY2005. The
comparable House amount is $143.1 billion, and the President requested $142.9
billion. The FY2004 comparable amount was $139.8 billion. The Senate bill differs
from the House bill for discretionary appropriations in a number of details.



!For DOL programs, the Senate bill would have funded WIA
programs in aggregate at a level $265 million higher than the House
amount. The WIA Community College Initiative would have
received a total of $250 million; the House bill would have allowed,
but not required, expenditures up to $50 million. Overall, the bill
would have provided $12.2 billion in discretionary appropriations
for DOL programs, $0.5 billion more than the House, $0.2 billion
more than requested, and $0.4 billion more than in FY2004.
!For HHS programs, the Senate bill would have provided $372
million more than the House bill for Health Care-related Facilities
and Activities, $310 million for the CDC, and $373 million more for
NIH. Unlike the House bill, the Senate would not have moved the
Weatherization Assistance program from the FY2005 Interior
appropriations to the L-HHS-ED bill. Overall, the Senate bill would
have provided $64.5 billion in discretionary appropriations for HHS
programs, $1.3 billion more than under the House bill or the request,
and $2.3 billion more than in FY2004.
!For ED programs, the Senate bill would have provided $746 million
more than the House bill for ESEA programs in aggregate, $116
million more for ESEA Title I Part A Grants to LEAs, $154 million
more for Comprehensive School Reform Demonstration, $347
million more for FIE, $161 million more for IDEA Part B Grants to
States, and $126 million more for the Fund for the Improvement of
Postsecondary Education (FIPSE). The Senate bill would have
eliminated the Even Start program; the House bill would have
provided $227 million. Overall, the Senate bill would have provided
$58.8 billion in discretionary appropriations for ED programs, $1.1
billion more than the House, $1.5 billion more than requested, and
$3.1 billion more than in FY2004.
!For the related agencies, the Senate bill would have provided $116
million less than the House bill for the SSA Limitation on
Administrative Expenses. Overall, the Senate bill would have
provided $10.5 billion in discretionary appropriations for related
agencies, the same as the House bill, $0.2 billion more than
requested, and $0.4 billion more than in FY2004.
Public Law
H.R. 4818, the Consolidated Appropriations Act, 2005, was signed into law on
December 8, 2004, as P.L. 108-447. This act combined the remaining nine FY2005
appropriations bills that had not yet been enacted into a single, omnibus bill.
Division F of P.L. 108-447 is the “Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2005.”
Division J, “Other Matters,” includes additional L-HHS-ED funds in Section 119.
The House approved the H.R. 4818 conference report, H.Rept. 108-792, on
November 20, 2004, by a vote of 344 to 51, 1 present (Roll Call No. 542); on the
same day, the Senate approved the FY2005 conference report by a vote of 65 to 30
(Roll Call No. 215). The conference report on H.R. 4818 was held at the desk in the
Senate until December 6, 2004, when the House and Senate reached agreement on



H.Con.Res. 528, a resolution to make specific changes to the enrollment of
H.R. 4818.1
“Across-the-Board” Reductions for FY2005. In an effort to meet the
overall spending limitations requested by the President, the H.R. 4818 conferees
required a reduction to some appropriations from what would have been provided
otherwise. The provision is included in P.L. 108-447, Division J, Section 122. It
requires a decrease of 0.80% in FY2005 discretionary appropriations for each
program, project, or activity, whether enacted in P.L. 108-447 or in other
appropriations measures. Discretionary funds from Defense, Military Construction,
and Homeland Security appropriations are excluded, as are all FY2005 supplemental
appropriations. Advance appropriations enacted through P.L. 108-447 for FY2006
or beyond would be excluded as well. This reduction has been estimated to save
approximately $3.5 billion; for additional information, please see CRS Report
RS21983, FY2005 Consolidated Appropriations Act: Reference Guide.
The 0.80% reduction is in addition to several other reductions in P.L. 108-447,
including $18 million in administrative expenses for L-HHS-ED programs required
by Section 519 of the L-HHS-ED part of the bill, and reductions required in other
divisions of P.L. 108-447 that are not germane to L-HHS-ED programs. The actual
application of these reductions to individual accounts and line items would be
determined by the Office of Management and Budget (OMB) and by the individual
agencies. Neither OMB nor the agencies are required to publish tables listing the
required reductions to each program. The FY2005 conference data in this report are
based on the stated funding levels, and are unadjusted by the application of the
required reduction procedures, as the exact reduction for each program was not
specified by Congress.
FY2005 Funding Highlights. Several L-HHS-ED programs receive FY2005
funding above the comparable FY2004 amount, including some above the
President’s FY2005 request. A few programs receive funding below the FY2004
level. Overall, as shown in Table 2, the FY2005 discretionary amount at the
program level is $144.0 billion, prior to the offsets required elsewhere in the
conference agreement. The FY2005 amount is $4.2 billion (3.0%) more than the
FY2004 amount of $139.8 billion; the President requested $142.9 billion for
FY2005. Compared to FY2004 funding levels, the FY2005 appropriations are
increased or decreased by at least $100 million for the following programs; additional
details and funding amounts are provided in the separate agency summaries.
!For DOL, funding changes of at least $100 million occurred only for
WIA programs in aggregate, with an increase of $217 million; the
WIA total includes $250 million for the initial funding of the WIA
Community College Initiative. Overall, the conference agreement


1 H.Con.Res. 528 made three changes to the enrolled version of H.R. 4818 prior to its
enactment: the general cut in FY2005 discretionary appropriations was changed to 0.80%
from 0.83% (see page 9); information disclosure requirements for the Secretary of the
Treasury were modified; and a provision was deleted that would have given access to
income tax returns to the House or Senate Committees on Appropriations.

provides $12.1 billion for DOL discretionary activities, $0.3 billion
more than the FY2004 amount.
!For HHS, compared to FY2004 appropriations, $131 million more
is provided for Community Health Centers, $113 million more for
Health Care-related Facilities and Activities, $167 million more for
the CDC, $800 million more for the NIH, $311 million more for
LIHEAP, and $124 million more for Head Start. Overall, the
conference agreement provides $64.2 billion in discretionary
appropriations, $2.0 billion more than in FY2004.
!For ED, funding is increased by $270 million for ESEA in
aggregate, $500 million for ESEA Title I Part A Grants to LEAs,
$607 million for IDEA Part B Grants to States, and $458 million for
Pell Grants. Educational Technology State Grants are decreased by
$192 million. Overall, the conference agreement provides $57.0
billion in discretionary appropriations for ED, $1.3 billion more than
was provided in FY2004.
!For Related Agencies, the SSA Limitation on Administrative
Expenses is increased by $467 million compared to FY2004.
Overall, the conference agreement provides $10.6 billion in
discretionary appropriations for the L-HHS-ED related agencies,
$0.5 billion more than in FY2004.
Modification of Existing Programs and Activities. In addition to
enacting appropriations, P.L. 108-447 modifies several programs and activities and
amends provisions that govern the use of appropriated funds for L-HHS-ED.
!Section 106 requires the return to a traditional format for FY2006
DOL congressional budget justifications; report language suggests
that program performance and measurement information should be
provided in a separate appendix rather mixed in with more
traditional budget material.
!Section 213 extends the refugee status for certain persecuted
religious minority groups from Iran.
!Section 219 delays enforcement of a new HHS regulation
concerning Medicare’s classification of certain hospitals as inpatient
rehabilitation facilities until the completion of an already mandated
study by the Government Accountability Office (GAO). These
compliance thresholds — commonly known as the “75% rule” —
have been a source of concern among the provider community. For
further information, please see CRS Report RL32640, Medicare
Payment Issues Affecting Inpatient Rehabilitation Facilities (IRFs).
!Section 307 clarifies student eligibility for Pell Grants for students
who are enrolled at institutions in Palau.
!Section 508 expands previous abortion restrictions to prevent federal
programs or state or local governments from requiring health care
entities to provide or pay for abortions. This new prohibition has
been referred to as the “Weldon Amendment” (H.Rept. 108-792,
p. 1271).
!Section 517 prohibits the obligation of reprogrammed L-HHS-ED
funds for a number of specific activities, including the initiation of



new programs and the elimination of existing programs, projects, or
activities. Any other reprogramming requires advance notification
of House and Senate Appropriation Committees; dollar and
percentage limitations for reprogramming are also specified.
Provisions not Included. Several general provisions were considered
during preliminary stages of the FY2005 appropriations process but were eliminated
in the final FY2005 L-HHS-ED conference agreement. These proposals include: a
restriction on new DOL overtime rules; a prohibition on the ED administration of a
special allowance for 9.5% loans in higher education; a prohibition on certain ED
activities related to the Illegal Immigration Reform and Responsibility Act of 1966;
and a provision related to the consolidation of student loans.
Earmarks for Specific Projects
The earmarking of funds for specific projects in appropriations bills has become
a topic of contention for the Congress and the Administration, and the issue extends
to L-HHS-ED projects. In the case of L-HHS-ED appropriations, earmarks may be
defined as “funds set aside within an account for a specific organization or location,
either in the appropriation act or its conference report.” Typically, the authorizing
statute gives the general purpose for use of appropriations, such as “projects for the
improvement of postsecondary education,” but an earmark designates a specific
amount for a specific recipient. Such designations bypass the usual competitive
distribution of awards by a federal agency, but otherwise require recipients to follow
standard federal financial and other administrative procedures. The President has
urged the elimination of congressional earmarks in appropriations in recent years, but
the Congress has continued the practice.
Earmarks in L-HHS-ED appropriations generally have increased during the past
decade, along with the total appropriation for L-HHS-ED programs. Table 3 shows
the total annual L-HHS-ED appropriation, the estimated amount earmarked, the
earmarked amount as a percent of the total, and the estimated number of earmarks.
Table 3. Summary of Estimated L-HHS-ED Earmarks
($ in millions)
EstimatedEarmarks as %Estimated
Totalvalue ofof totalnumber of
Fiscal yearappropriationearmarksappropriationearmarks
2005 $497,553 $1,179.5 0 .24% 3,014
2004 $479,818 $875.5 0 .18% 2,036
2002 $411,822 $1,018.7 0 .25% 1,606
2000 $328,230 $461.0 0 .14% 491
1998 $276,890 $54.4 0 .02% 25
1996 $265,533 $14.9 0 .006% 7



Sources: The annual L-HHS-ED bills and conference reports upon which the above numbers are
based were as follows: For FY2005, P.L. 108-447 (H.Rept. 108-792); for FY2004, P.L. 108-199
(H.Rept. 108-401); for FY2002, P.L. 107-116 (H.Rept. 107-342); for FY2000, P.L. 106-113 (H.Rept.
106-479); for FY1998, P.L. 105-78 (H.Rept. 105-390); and for FY1996, P.L. 104-134 (H.Rept.
104-537).
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, the
Congress agrees to overall spending totals in the annual concurrent resolution on the
budget. Subsequently, these amounts are allocated among the various committees,
usually through the statement of managers for the conference report on the budget
resolution. In years when the House and Senate do not reach a budget agreement,
spending totals may be set through leadership arrangements in each chamber. These
overall spending totals are known as the 302(a) allocations. These allocations are
the discretionary totals available to the House and Senate Committees on
Appropriations for enactment in annual appropriations.
For FY2005, the House agreed to a conference report on an FY2005 budget
resolution, S.Con.Res. 95 (H.Rept. 108-500) on May 19, 2004; the Senate has yet to
act directly on that resolution. If agreed to by both House and Senate, the conference
report would establish $821 billion as the 302(a) allocation ceiling for the total
discretionary budget authority for FY2005. H.Res. 649, the rule agreed to by the
House for the floor consideration of S.Con.Res. 95, “deems” the amount from the
conference report to be the ceiling for the House, pending approval of a budget
resolution by both House and Senate. However, §14007 of P.L. 108-287, the
Department of Defense Appropriations Act, 2005, also establishes a 302(a) allocation
for the Senate of $821 billion, pending approval of a budget resolution by both House
and Senate. For legislative details, please see “Related Legislation,” page 42, and
CRS Report RL31443, The “Deeming Resolution”: A Budget Enforcement Tool.
For procedural information, please see CRS Report 98-721, Introduction to the
Federal Budget Process.
In the second stage of the congressional budget process, the appropriations
committees allocate the 302(a) discretionary funds among their subcommittees for
each of the 13 annual appropriations bills. These amounts are known as the 302(b)
allocations. These allocations must add up to no more than the 302(a) discretionary
allocation, and form the basis for enforcing budget discipline, since any bill reported
with a total above the ceiling is subject to a point of order. The 302(b) allocations
can and often do get adjusted during the year as the various appropriations bills
progress toward final enactment. Table 4 shows the 302(b) discretionary allocations
for the FY2005 L-HHS-ED appropriations. Comparable amounts for final FY2004
appropriations and the President’s FY2005 budget request are also shown. Both the

302(a) and 302(b) allocations regularly become contested issues in their own right.



Table 4. FY2005 302(b) Discretionary Allocations for L-HHS-ED
(budget authority in billions of dollars)
FY2005 FY2005
FY2004requestFY2005 HouseFY2005 Senateenacted
comparable comparable a llo ca t io n a llo ca t io n comparable
$139.4$142.3$142.5$142.3 $143.3
Source: The comparable amounts for final FY2004, FY2005 request, and FY2005 enacted are based
on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004. The House Committee on
Appropriations reported its revised FY2005 302(b) allocations in H.Rept. 108-633, July 22, 2004.
The Senate Committee on Appropriations reported its revised FY2005 302(b) allocations in S.Rept.
108-398, Oct. 11, 2004.
Advance Appropriations
Advance appropriations occur when funding enacted in one fiscal year cannot
be spent until a subsequent fiscal year. For example, P.L. 108-199, which enacted
FY2004 L-HHS-ED appropriations, provided $400 million for the Corporation for
Public Broadcasting (CPB) for use in FY2006. 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. For an example of the impact of
advance appropriations on program administration, see discussion in “Department
of Education,” page 31.
The FY1999 and FY2000 annual L-HHS-ED appropriations bills provided
significant increases in advance appropriations for discretionary programs. These
amounts stabilized at approximately $19 billion in FY2000, increased to $21.5 billion
in FY2003, and returned to $19.3 billion in FY2004. For FY2004, the advance
appropriations represent approximately 14% of the L-HHS-ED discretionary total of
$139.5 billion for that year. In FY2002, the President’s budget proposed the
elimination of advance appropriations for federal discretionary programs, including
those for L-HHS-ED programs. The Congress rejected that proposal, and the
proposal has not been repeated. For FY2005, the President’s request included
L-HHS-ED advance appropriations of $18.9 billion; the FY2005 conference
agreement continued advance appropriations at the same level as FY2004, $19.3
billion. From FY1998 to the present, the advance appropriations enacted in L-HHS-
ED bills have been as follows:
!FY1998, $4.0 billion;
!FY1999, $8.9 billion;
!FY2000, $19.0 billion;
!FY2001, $18.8 billion;
!FY2002, $19.3 billion;



!FY2003, $21.5 billion;
!FY2004, $19.3 billion;
!FY2005, President’s budget request, $18.9 billion;
!FY2005, House bill, $19.3 billion;
!FY2005, Senate bill, $19.3 billion; and
!FY2005, conference agreement, $19.3 billion.
These amounts reflect the implementation of §106 of P.L. 108-84 (H.J.Res. 69),
enacted September 30, 2003, which amended FY2003 L-HHS-ED appropriations to
reduce the FY2003 advance appropriations for FY2004 by $2.2 billion, and to
increase regular FY2003 appropriations by the same amount.
Major Funding Trends
The L-HHS-ED appropriations bills combine 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. These changes
typically are accomplished through the authorizing committees and combined into
large, omnibus reconciliation bills. Table 5 shows the trend in discretionary budget
authority under the L-HHS-ED appropriations for FY2000 through FY2004.
Table 5. L-HHS-ED Discretionary Funding Trends from FY2000
(budget authority in billions of dollars)
Type of fundsFY2000FY2001FY2002FY2003FY2004estimatea
L-HHS-ED discretionary$85.4$109.4$127.2$132.4$139.5
L-HHS-ED discretionary in$91.6$114.6$131.0$134.1$139.5
estimated FY2004 dollars
L-HHS-ED % of all federalb14.6%16.5%17.3%15.6%16.0%
discretionary funds
L-HHS-ED % of total federal4.7%5.6%6.1%5.8%5.9%
budget authority
Total federal discretionary$584.4$663.8$734.7$849.4$874.6
Total federal budget authority$1,824.9$1,959.7$2,090.1$2,266.2$2,345.3
GDP deflator1.00001.02341.04151.05851.0724
Source: Federal totals and the GDP deflator are based on the Budget of the United States Government
Historical Tables Fiscal Year 2005, Tables 5.2, 5.4, and 10.1. L-HHS-ED totals for discretionary
budget authority are based on annual conference reports for L-HHS-ED appropriations, and therefore
may not be completely comparable from year to year.
a. FY2004 estimates for federal budget authority, both total and discretionary, are based in part on
the FY2004 budget request since not all FY2004 appropriations were enacted until less than two
weeks before the FY2005 budget request was submitted to Congress in Feb. 2004.
b. Discretionary funds include both defense and non-defense activities.
During the past five years, L-HHS-ED discretionary funds have grown from
$85.4 billion in FY2000 to an estimated $139.5 billion in FY2004, an increase of



$54.1 billion, or 63.3%, during this period. After adjustment for inflation by use of
the Gross Domestic Product (GDP) deflator, the L-HHS-ED discretionary total has
grown from $91.6 billion in (for FY2000 in FY2004 dollars) to an estimated $139.5
billion (for FY2004 in FY2004 dollars), for an increase of $47.9 billion, or 52.3%,
during this period. When compared to the federal discretionary total, the L-HHS-ED
portion increased from a 14.6% share of the federal total in FY2000 to an estimated
16.0% in FY2004. When compared to all federal budget authority, both discretionary
and nondiscretionary (mandatory), the L-HHS-ED portion of the federal total
increased during this period from 4.7% in FY2000 to an estimated 5.9% in FY2004.
Department of Labor
The FY2005 budget request for discretionary appropriations at the Department
of Labor (DOL) was $12.0 billion, $0.2 billion (1.7%) more than the FY2004
appropriations of $11.8 billion, as shown in Table 6. The House bill would have
provided $11.7 billion; as reported, the Senate bill would have provided $12.2
billion. The conference amount, as enacted, is $12.1 billion, prior to the offsets
required elsewhere in the conference agreement (see page 9).
Table 6. Department of Labor Discretionary Appropriations
($ in billions)
FY2004 FY2005 FY2005 FY2005 FY2005
F unding estima te request House Sena t e enacted
Appropriations$11.8$12.0$11.7 $12.2 $12.1
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004.
FY2005 conference amounts are pre-reduction; they do not reflect the discretionary cuts required
elsewhere in the conference agreement. FY2004 amounts are post-reduction (see page 45) and based
on P.L. 108-199. Amounts represent discretionary programs funded by L-HHS-ED appropriations;
appropriations for mandatory programs are excluded.
Mandatory DOL programs included in the FY2004 L-HHS-ED bill were funded
at $3.5 billion, and consist of the Federal Unemployment Benefits and Allowances
($1.3 billion), Black Lung Disability Trust Fund ($1.1 billion), Advances to the
Unemployment Insurance and Other Trust Funds ($0.5 billion), Special Benefits for
Disabled Coal Miners ($0.4 billion), Employment Standards Administration Special
Benefits ($0.2 billion), and Energy Employees Occupational Illness Compensation
Fund ($0.1 billion).
Key Issues
President’s Request. The President’s FY2005 budget request for DOL
proposed changes in funding for a number of discretionary activities, but a change of
at least $100 million only for programs under the Workforce Investment Act of 1998
(WIA). Aggregate WIA funding would have been increased by $181 million
compared to the FY2004 amount of $5.1 billion. However, the request included $250
million for a new WIA Community College Initiative to provide community-based job



training grants and $90 million for two other WIA initiatives. For WIA programs that
were funded in FY2004, the FY2005 request represented a decrease of $159 million.
House Bill. For DOL programs, the House bill primarily would have differed
from the President’s budget request with respect to the various WIA programs and
proposals. The bill would have provided $5.1 billion in aggregate for WIA in FY2005,
$213 million less than requested and $32 million less than provided in FY2004. The
bill would have provided up to $50 million for the Community College Initiative, for
which $250 million was requested, but would not have funded the other two WIA
initiatives for which $90 million was proposed.
Senate Bill. For DOL programs, the Senate bill, as reported, primarily would
have differed from the House bill with respect to the various WIA programs and
proposals. The Senate bill would have provided $5.4 billion in aggregate for WIA
in FY2005, $265 million more than the House amount, and $52 million more than
requested; the FY2004 amount was $5.1 billion. The bill would have provided $250
million for the Community College Initiative, the same as the request. However,
only $125 million would have been provided directly and $125 million would have
been taken from the Secretary’s Reserve for the WIA Dislocated Worker program.
Public Law. Under the FY2005 conference agreement, as enacted, a change
in funding from FY2004 to FY2005 of at least $100 million occurs only for WIA
programs. The aggregate WIA amount is $5.4 billion, $217 million more than the
FY2004 amount and $36 million more than requested. The Community College
Initiative receives initial funding of $250 million, and, like the Senate bill, $125
million is provided directly and $125 million must be taken from the Secretary’s
Reserve for the WIA Dislocated Worker program.
Overtime Pay Regulation. Section 13(a)(1) of the Fair Labor Standards Act
of 1938 (FLSA) exempts from the act’s minimum wage and overtime pay
requirements employers of bona fide executive, administrative, or professional
employees. To be classified as bona fide, workers must meet two qualifying
standards established administratively by the Secretary of Labor: an earnings test or
threshold, and a duties test.
On March 31, 2003, after a lengthy period during which the qualifying tests had
remained largely static, DOL proposed a revision of both tests; the final rule took effect
on August 23, 2004. Under the revised Section 13(a)(1) regulation (29 C.F.R. § 541),
workers earning less than $23,660 annually — the minimum ranged between $8,060
and $13,000 under the old rule — automatically have overtime pay protection.
Workers likely are exempt if they earn more that $100,000 and perform any executive,
administrative, or professional functions. For those workers earning between $23,660
and $100,000, coverage depends upon their specific duties on a case-by-case basis.
The revision proposed by DOL was immediately contentious. While there is
general support for an increase in the earnings threshold (it had fallen to a level nearly
co-equal with the federal minimum wage), redefining the duties test has been more
troublesome. DOL, some contend, has made major changes to the various
classifications which, depending upon how they might be interpreted, could
significantly expand the concept of an executive or administrator or professional and



erode overtime pay protection for a large segment of the workforce. The DOL revision
of the duties test remains an issue.
During the House consideration of the FY2005 L-HHS-ED appropriations,
Representative Obey proposed an amendment to prevent DOL from implementing the
redefinition of the overtime duties test; the increase in the earnings threshold would be
permitted. The House agreed to this amendment by a vote of 223 to 193 (Roll Call No.
434) on September 9, 2004. However, the Administration stated that it would strongly
oppose such an amendment and would recommend that the President veto the bill if
the final version were to contain any restriction on DOL enforcement of its new
overtime rule. The House proposal may be found at §521 of the House bill; a similar
restriction was included in the Senate bill at §108.
The FY2005 L-HHS-ED conference agreement eliminates all overtime
restrictions, allowing DOL to enforce its revised regulations. For further discussion,
please see CRS Report RS21946, Overtime Pay: The Department of Labor Initiative
and Congressional Response (2003-2004), and CRS Report RL32088, The Fair
Labor Standards Act: A Historical Sketch of the Overtime Pay Requirements of
Section 13(a)(1). For the Statement of Administration Policy against the DOL
enforcement prohibition, please see: [http://www.whitehouse.gov/omb/
legi slative/sap/ 108-2/hr5006sap-h.pdf] .
CRS Products
CRS Report RL32088, The Fair Labor Standards Act: A Historical Sketch of the
Overtime Pay Requirements of Section 13(a)(1), by William G. Whittaker.
CRS Report RS21946, Overtime Pay: The Department of Labor Initiative and
Congressional Response (2003-2004), by William G. Whittaker.
CRS Report 95-742, Unemployment Benefits: Legislative Issues in the 108th
Congress, by Celinda Franco.
CRS Report RS21397, Unemployment Benefits: Temporary Extended
Unemployment Compensation (TEUC) Program, by Celinda Franco.
CRS Report RL32349, The “White-Collar” Exemptions to Overtime Pay Under
Current and Proposed Regulations: An Economic Analysis, by Gerald Mayer.
CRS Report RS21484, Workforce Investment Act of 1998 (WIA): Reauthorization
of Title I Job Training Programs, by Ann Lordeman.
CRS Report RS20244, The Workforce Investment Act: Training Programs Under
Title I at a Glance, by Ann Lordeman.
Websites
Department of Labor
[ http://www.dol.gov]
[ h ttp://www.dol.gov/_sec/budget2005/overview-toc.htm]
[ h ttp://www.doleta.gov/budget/05bud.cfm]
Detailed Appropriations Table
Table 7 shows the appropriations details for offices and major programs of
DOL.



Table 7. Detailed Department of Labor Appropriations
($ in millions)
FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Employment and Training Administration (ETA)
Training and Employment
Services (TES), Workforce899900900898898
Investment Act (WIA) Adult
Training Grants to States
WIA Youth Training9951,0011,001994994
WIA Dislocated Worker1,4541,3831,4791,4791,479
Assista nc e
Dislocated Worker Assistance,1,1781,1001,1781,1961,196
State Grants (non-add)
Dislocated Worker Assistance,a276283301283283
Secretary’s Reserve (non-add)
WIA Migrant and Seasonal760767676
Farmwo rkers
WIA Job Corps1,5411,5571,5421,5771,560
WIA Community College
Initiative (Community-Based Joba0250 (a)125125
Training Grants)
Community College Initiative0250 — (a)250250
program level (non-add)
Prisoner Re-entry Initiative04004020
Personal Re-employment Account050000
I nitiative
WIA Other Federal Activities180145115189210
WIA/TES subtotal5,1455,3265,1135,3785,362
Community Service Employment439440440440440
for Older Americans
Federal Unemployment Benefits1,3381,0571,0571,0571,057
and Allowances (mandatory)
State Unemployment Insurance
and Employment Service2,6192,7112,7012,6652,695
Operations (SUI/ESO)
Unemployment Compensation
SUI/ESO Employment Service846763763852852
SUI/ESO One-Stop Career9999999999
Ce nte r s
SUI/ESO Work Incentives Grants2020202020
SUI/ESO subtotal3,5843,5933,5833,6363,666
Advances to Unemployment Trust467517517517517
Fund and other funds (mandatory)
ETA Program Administration177181169178171
ETA subtotal11,15011,11410,87911,20611,213
Employee Benefits Security124132132132132


Ad mi ni str a tio n

FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Pension Benefit Guaranty
Corporation (PBGC)200000
Ad mi ni str a tio n
PBGC program level (non-add)233266266266266
Employment Standards Administration (ESA)
ESA Salaries and Expenses392409403406404
ESA Special Benefits163233233233233
(mandato ry)
ESA Special Benefits for
Disabled Coal Miners388357357357357
(mandato ry)
ESA Energy Employees
Occupational Illness5241414141
Compensation Fund (mandatory)
ESA Black Lung Disability Trust1,0551,0591,0591,0591,059
Fund (mandatory)
ESA subtotal2,0502,0112,0052,0962,094
Occupational Safety and Health458462462469468
Administration (OSHA)
Mine Safety and Health269276276280282
Administration (MSHA)
Bureau of Labor Statistics518534534534534
Office of Disability Employment4748484848
P o licy
Departmental Management,110313611194
International Labor Affairs
Departmental Management,
Veterans Employment and219221226227225
T r a i ni ng
Departmental Management, other305325298315299
Departmental Management634577560653618
subtotal
Working Capital Fund1425101510
TOTALS, DEPARTMENT OF LABOR
Total appropriationsb15,28415,26714,99215,43215,399
Current year funding12,73312,72312,44812,88812,855
One-year advance funding2,5512,5442,5442,5442,544
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004;
conference amounts do not reflect the cuts required for some discretionary programs (see page 9).
a. The House bill would have allowed up to $50 million of the Secretarys Reserve of the WIA
Dislocated Worker Assistance program to be used for the Community College Initiative. The
conference agreement is similar to the Senate provisions — a total of $250 million is provided
for the Community College Initiative, with $125 million provided directly and an additional
$125 million required to be spent from the Secretarys Reserve of the Dislocated Worker
Assistance program.
b. Appropriations totals include discretionary and mandatory funds, and may be subject to additional
scorekeeping and other adjustments.



Department of Health and Human Services
The FY2005 budget request for discretionary appropriations at the Department
of Health and Human Services (HHS) was $63.2 billion, $1.0 billion (1.6%) more
than the FY2004 appropriations of $62.2 billion, as shown in Table 8. The House
bill would have provided $63.2 billion; as reported, the Senate bill would have
provided $64.5 billion. The conference amount, as enacted, is $64.2 billion, prior to
the offsets required elsewhere in the conference agreement (see page 9).
Table 8. Department of Health and Human Services
Discretionary Appropriations
($ in billions)
FY2004 FY2005 FY2005 FY2005 FY2005
F unding estima te request House Sena t e enacted
Appropriatio ns $62.2 $63.2 $63.2 $64.5 $64.2
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004.
FY2005 conference amounts are pre-reduction; they do not reflect the discretionary cuts required
elsewhere in the conference agreement. FY2004 amounts are post-reduction (see page 45) and based
on P.L. 108-199. Amounts represent discretionary programs funded by L-HHS-ED appropriations;
funds for mandatory programs are excluded.
Mandatory HHS programs included in the L-HHS-ED bill were funded at
$298.1 billion in FY2004, and consist primarily of Grants to States for Medicaid
($189.3 billion), Payments to Medicare Trust Funds ($95.1 billion — virtually all of
this amount was for Part B Supplementary Medical Insurance), Foster Care and
Adoption ($6.8 billion), Family Support Payments to States ($4.5 billion), and Social
Services Block Grant ($1.7 billion).
Key Issues
President’s Request. The President’s FY2005 budget request for HHS
focused increased support primarily on medical research, with smaller increases for
Community Health Centers and selected substance abuse and children and family
services programs. At the same time, it would have reduced funding for programs
for selected health professions, health care facilities, and community services.
Discretionary spending increases of at least $100 million were requested for the
following programs.
!An increase of $727 million was requested for the National Institutes
of Health (NIH), which was funded at $27.8 billion in FY2004, to
support activities that maintain and improve health through medical
science. Funding for NIH has more than doubled in the past six
years, beginning at $13.6 billion in FY1998. For additional
information, please see CRS Issue Brief IB10129, Federal Research
and Development Funding: FY2005.



!An additional $219 million was proposed for Community Health
Centers, which was funded at $1.6 billion in FY2004; however, the
$84 million Community Access Program would have been funded
at $10 million under the request.
!An increase of $195 million was requested for the Substance Abuse
and Mental Health Services Administration (SAMHSA); $3.2 billion
was provided for FY2004 for a variety of substance abuse and
mental health activities.
!An increase of $109 million was requested for the Centers for
Medicare and Medicaid Services (CMS) Program Management for
the administration of the Medicare and Medicaid programs; $2.6
billion was the FY2004 amount.
!A increase of $112 million was proposed for the Low-Income Home
Energy Assistance Program (LIHEAP); $1.9 billion was provided
for FY2004.
!An additional $169 million was requested for Head Start, which was
funded at $6.8 billion in FY2004.
!An increase of $112 million was requested for Abstinence
Education, which was funded at $70 million in FY2004.
!An additional $101 million was requested for the discretionary
portion of the Promoting Safe and Stable Families program; $99
million in discretionary funds was provided for FY2004.
Along with the increases proposed above, the President’s FY2005 budget would
have decreased or terminated funding for several programs.
!A decrease of $283 million was requested for Health Professions
programs other than those for nursing; Health Professions activities
other than nursing were funded at $294 million in FY2004.
!The Health Care-related Facilities and Activities program, funded at
$372 million in FY2004, would have been eliminated; funds for this
program were earmarked for construction and renovation projects
for designated recipients.
!The Centers for Disease Control and Prevention (CDC), funded at
$4.4 billion in FY2004, would have been reduced by $153 million
under the request.
!A decrease of $147 million was requested for the Community
Services Block Grant, which was funded at $642 million in FY2004.
House Bill. For HHS programs, the House bill would have differed in several
respects from the President’s budget request.
!Health Professions activities other than nursing would have received
$269 million, $258 million less than requested; $294 million was
provided in FY2004.
!SAMHSA would have been funded at $3.3 billion, $159 million less
than requested but $36 million above the FY2004 level.
!Community Services Block Grant (CSBG) would have received
$628 million, $133 million more than requested but $14 million less
than the FY2004 amount.



!The Public Health and Social Services Emergency Fund (PHSSEF)
would have been funded at $2.4 billion, $127 million more than
requested and $188 million more than in FY2004.
Senate Bill. For HHS programs, the Senate bill, as reported, would have
differed in several respects from the House bill.
!Health Care-related Facilities and Activities would have received
$372 million under the Senate bill, the same as the FY2004 amount.
Funding would have been eliminated under the House bill and the
request.
!The CDC would have received $4.5 billion, $310 million more than
the House bill and $325 million more than the request; $4.4 billion
was the FY2004 amount.
!The NIH would have received $28.9 billion, $373 million more than
under the House bill or the request; $27.8 billion was the FY2004
amount.
!The Senate did not agree to the transfer of Weatherization
Assistance to the L-HHS-ED bill from Interior appropriations, as
proposed in the House bill.
Public Law. Under the FY2005 conference agreement, as enacted, a change
in funding from FY2004 to FY2005 of at least $100 million occurs for several HHS
programs.
!Community Health Centers are funded at $1.7 billion, $131 million
more than in FY2004 but $88 million less than requested.
!Health Care-related Facilities and Activities receives $485 million,
$113 million more than in FY2004; no funds were requested.
!The CDC is funded at $4.5 billion, $167 million more than in
FY2004 and $320 million more than requested.
!The NIH receives $28.6 billion, $800 million more than the FY2004
amount and $73 million more than the request.
!LIHEAP receives $2.2 billion, $311 million more than in FY2004
and $199 million more than requested.
!Head Start is funded at $6.9 billion, $124 million more than the
FY2004 amount but $45 million less than requested.
FY2005 funding for the Weatherization Assistance program was not transferred
to L-HHS-ED, as proposed by the House, nor in the Interior appropriations, where
it had been funded in previous years. Instead, Weatherization Assistance funds were
provided in Division J, “Other Matters,” of P.L. 108-447.
The FY2005 conference agreement provides $3.3 billion for SAMHSA, $61
million more than the FY2004 amount, but $134 million less than requested. Report
language (H.Rept. 108-792, page 1179) includes $2 million for SAMHSA to expand
a Florida pilot study called TeenScreen to screen and treat teenagers at risk for
mental, behavioral, or emotional disorders. This demonstration is being expanded
in response to the July 2003 final recommendations of the President’s New Freedom
Commission on Mental Health.



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. The Congress has not
actually amended these restrictions since FY1999, but given the perennial volatility
of this issue, these provisions may be revisited at any time during consideration of
L-HHS-ED appropriations. From FY1977 to FY1993, abortions could be funded
only when the life of the mother was endangered. Restrictions on appropriated funds,
popularly referred to as the Hyde Amendments, generally apply to all L-HHS-EDrd
funds. Medicaid is the largest program affected. The 103 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. For FY1999, the
FY1998 Hyde Amendments were continued, along with a clarification to ensure that
the restrictions apply to all trust fund programs (namely, Medicare) funded by the
FY1999 L-HHS-ED appropriations, P.L. 105-277, as well as an assurance that
Medicare + Choice plans cannot require the provision of abortion services. Annual
appropriations acts from FY2000 through FY2004 repeated without change the
FY1999 funding restrictions.
For the FY2005 L-HHS-ED appropriations, §508(d) of the House bill would
have included an additional restriction to prevent federal programs or state or local
governments from requiring health care entities to provide or pay for abortions. The
Senate bill would not have included such a restriction. The final version of the
appropriations measure included the House proposal — sometimes referred to as the
“Weldon Amendment” (H.Rept. 108-792, p. 1271) — so that health care entities
cannot be required to provide abortion services. Current provisions can be found in
§508 of Division F, P.L. 108-447. For additional information, please see CRS Issue
Brief IB95095, Abortion: Legislative Response.
Embryonic Stem Cell Research: Funding Restrictions. On August 9,
2001, President Bush announced a decision to use federal funds for research on
human embryonic stem cells for the first time, but limited the funding to “existing
stem cell lines.” Embryonic stem cells have the ability to develop into virtually any
cell in the body, and have the potential to treat medical conditions such as diabetes
and Parkinson’s disease. In response to the President’s announcement, the NIH
developed a registry of 78 embryonic stem cell lines eligible for use in federally
funded research. However, many of these lines were found to be unavailable or
unsuitable for research; only 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
regarding embryo and fetal tissue research because the embryos are destroyed in
order to obtain the cells. Given its potential volatility, the issue may be revisited at
any time during consideration of L-HHS-ED appropriations.
An FY1996 appropriations continuing resolution, P.L. 104-99 (§128), prohibited
NIH funds from being used for the creation of human embryos for research purposes
or for research in which human embryos are destroyed. Since FY1997, annual



appropriations acts have extended the prohibition to all L-HHS-ED funds, but the
NIH is the agency primarily affected. The restriction, originally introduced by
Representative Jay Dickey, has not changed significantly since it was first enacted,
and the FY2005 L-HHS-ED appropriations continued the restrictions without change.
The current provision can be found in §509 of the FY2005 L-HHS-ED
appropriations, Division F of P.L. 108-447. For additional information, please see
CRS Report RL31015, Stem Cell Research; CRS Report RL31358, Human Cloning;
and CRS Report RS21044, Background and Legal Issues Related to Stem Cell
Research.
CRS Products
CRS Issue Brief IB95095, Abortion: Legislative Response, by Karen J. Lewis, et al.
CRS Report 98-476, AIDS: Ryan White CARE Act, by Judith A. Johnson and
Paulette C. Morgan.
CRS Report RS21044, Background and Legal Issues Related to Stem Cell Research,
by Jon O. Shimabukuro.
CRS Report RS20712, Charitable Choice, Faith-Based Initiatives, and TANF, by
Vee Burke.
CRS Report RL30785, The Child Care and Development Block Grant: Background
and Funding, by Melinda Gish.
CRS Report RL31817, Child Care Issues in the 108th Congress, by Melinda Gish.
CRS Report RL31746, Child Welfare Issues in the 108th Congress, by Emilie
Stoltzfus.
CRS Report RS20124, Community Services Block Grants: Background and
Funding, by Karen Spar and Garrine P. Laney.
CRS Issue Brief IB10020, Energy Efficiency: Budget, Oil Conservation, and
Electricity Conservation Issues, by Fred Sissine.
CRS Report RL32046, Federal Health Centers Program, by Sharon Kearney
Coleman.
CRS Issue Brief IB10129, Federal Research and Development Funding: FY2005,
by Michael E. Davey.
CRS Report RL30952, Head Start Issues in the 108th Congress, by Melinda Gish.
CRS Report RS21181, HIV/AIDS International Programs: Appropriations, FY2002-
FY2005, by Raymond W. Copson.
CRS Report RL31358, Human Cloning, by Judith A. Johnson and Erin Williams.
CRS Report RL31865, The Low-Income Home Energy Assistance Program
(LIHEAP): Program and Funding Issues, by Emilie Stoltzfus.
CRS Report 97-350, Maternal and Child Health Block Grant, by Sharon Kearney
Coleman.
CRS Report RL31719, An Overview of the U.S. Public Health System in the Context
of Bioterrorism, by Holly Harvey and Sarah Lister.
CRS Report RL31940, Public Health Service Operating Agencies, by Sharon
Kearney Coleman.
CRS Report RS20873, Reducing Teen Pregnancy: Adolescent Family Life and
Abstinence Education Programs, by Carmen Solomon-Fears.
CRS Report 94-953, Social Services Block Grant (Title XX of the Social Security
Act), by Melinda Gish.
CRS Report RL31015, Stem Cell Research, by Judith A. Johnson and Erin Williams.



CRS Report 97-1048, The Title X Family Planning Program, by Sharon Kearney
Coleman.
CRS Report RL31793, Vaccine Policy Issues for the 108th Congress, by Susan Thaul.
CRS Report RL30871, Violence Against Women Act: History, Federal Funding, and
Reauthorizing Legislation, by Garrine P. Laney.
CRS Issue Brief IB10140, Welfare Reauthorization: Overview of the Issues, by Gene
Falk, Melinda Gish, and Carmen Solomon-Fears.
Websites
Department of Health and Human Services
[ http://www.hhs.gov]
[ http://www.hhs.gov/budget/document.htm]
Detailed Appropriations Table
Table 9 shows the appropriations details for offices and major programs of
HHS.



Table 9. Detailed Department of Health and Human Services
Appropriations
($ in millions)
FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Public Health Service (PHS)
Health Resources and Services
Administration (HRSA),1,6171,8361,8361,8671,748
Community Health Centers
National Health Service Corps170205170173133
Health Professions, Nursing142147147162152
Health Professions, other29411269303302
Health Professions subtotal436158416465454
Maternal and Child Health Block730730730735730
Grant
Ryan White AIDS Programs2,0202,0552,0752,0552,065
Family Planning (Title X)278278278308288
Childrens Hospital Graduate303303303303303
Medical Education
Health Care-related Facilities and37200372485
Ac tivities
Community Access Program841008984
Vaccine Injury Compensation6666666666
(mandato ry)
HRSA, other590454504581573
HRSA subtotal6,6666,0956,3787,0146,929
Centers for Disease Control anda4,3674,2144,2294,5394,534
Prevention (CDC)
National Institutes of Healthb27,80028,52728,52728,90028,600
(NIH)
Substance Abuse and Mental
Health Services Administration413414414414414
(SAMHSA) Mental Health Block
Grant
SAMHSA Substance Abuse1,7001,7531,7101,7531,710
Block Grant
SAMHSA, other1,1211,2621,1461,1941,171
SAMHSA subtotal3,2343,4293,2703,3613,295
Agency for Healthcare Research00000
and Quality (AHRQ)
AHRQ program level (non-add)304304304319319
PHS subtotal42,06742,26542,40443,81443,358
Centers for Medicare and Medicaid Services (CMS)
Medicaid Grants to States189,308177,642177,642177,642177,642
(mandato ry)
Payments to Medicare Trust95,084119,826119,826119,826119,826
Funds (mandatory)
CMS Program Management2,6372,7462,7642,7562,696
CMS subtotal287,029300,214300,214300,225300,164



FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Administration for Children and Families (ACF)
Family Support Payments to4,5064,4234,4234,4234,471
States (mandatory)
Low Income Home Energy1,8892,0012,0112,0012,200
Assistance Program (LIHEAP)
Weatherization Assistancec227291238 (c) (c)
Refugee and Entrant Assistance448473491477488
Child Care and Development2,0872,1002,1002,1002,100
Block Grant (CCDBG)
Social Services Block Grant1,7001,7001,7001,7001,700
(Title XX) (mandatory)
Head Start6,7756,9446,8996,9356,899
Child Welfare Services289292292292292
Developmental Disabilities165165165171170
Community Services Block Grant642495628650642
Battered Womens Shelters126126126128127
Abstinence Education70182105100100
Other Children and Family774902771818840
Services Programs
Promoting Safe and Stable305305305305305
Families (PSSF) (mandatory)
PSSF (discretionary)992001059999
Foster Care and Adoption6,8366,8056,8056,8056,805
Assistance (mandatory)
ACF subtotal26,93827,40327,16427,00427,238
Administration on Aging (AOA)1,3741,3771,4031,3951,405
Office of the Secretary, Publicd2,1642,2252,3522,3302,308
Health and Social Service Fund
Medical Benefits, Commissioned322331331331331
Officers (mandatory)
Office of the Secretary, other433513431458503
TOTALS, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Total appropriationse360,328374,328374,298375,556375,308
Current year funding297,544306,227306,197307,455307,207
One-year advance funding62,78468,10168,10168,10168,101
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004;
conference amounts do not reflect the cuts required for some discretionary programs (see page 9).
a. The Veterans Affairs and Housing and Urban Development (VA-HUD) appropriations provides
additional funding for CDC — $73 million in FY2004.
b. The VA-HUD appropriations provides additional funding for NIH — $78 million in FY2004.
c. The House bill would have moved the Weatherization Assistance program, administered by the
Department of Energy, to L-HHS-ED from Interior appropriations in an FY2005 House
jurisdictional change. The Senate did not agree to this change. FY2005 funding for
Weatherization Assistance was enacted under Division J, Other Matters, of P.L. 108-447.
d. P.L. 108-324 provides $50 million additional funding for natural disaster recovery and response.
e. Appropriations totals include discretionary and mandatory funds, and may be subject to additional
scorekeeping and other adjustments.



Department of Education
The FY2005 budget request for discretionary appropriations at the Department
of Education (ED) was $57.3 billion, $1.6 billion (2.9%) more than the FY2004
appropriations of $55.7 billion, as shown in Table 10. The House bill would have
provided $57.7 billion; as reported, the Senate bill would have provided $58.8
billion. The conference amount, as enacted, is $57.0 billion, prior to the offsets
required elsewhere in the conference agreement (see page 9).
Table 10. Department of Education Discretionary
Appropriations
($ in billions)
FY2004 FY2005 FY2005 FY2005 FY2005
F unding estima te request House Sena t e enacted
Appropriations$55.7$57.3$57.7 $58.8$57.0
Source: Amounts are based on the FY2005 conference report, H.Rept. 108-792, Nov. 20, 2004.
FY2005 conference amounts are pre-reduction; they do not reflect the discretionary cuts required
elsewhere in the conference agreement. FY2004 amounts are post-reduction (see page 45) and based
on P.L. 108-199. Amounts represent discretionary programs funded by L-HHS-ED appropriations;
funds for mandatory programs are excluded.
A single mandatory ED program is included in the L-HHS-ED bill; the
Vocational Rehabilitation State Grants program was funded at $2.6 billion in
FY2004.
Key Issues
President’s Request. Increasing federal support for education has been a
priority of both the Congress and the White House in recent years. Under the
FY2005 budget request, funding for several programs would have been increased,
and the total request for ED discretionary funds would have been increased by 2.9%,
or $1.6 billion. An increase of $0.5 billion in the aggregate was requested for all
programs authorized by the Elementary and Secondary Education Act of 1965
(ESEA). ESEA programs were funded at $24.3 billion in FY2004; their
reauthorization was the primary activity of the No Child Left Behind Act of 2001
(NCLBA), P.L. 107-110.
Discretionary spending increases of at least $100 million were requested by the
President for the following programs.
!An increase of $1.0 billion was requested for the ESEA Title I, Part
A Grants to Local Educational Agencies (LEAs) program for
FY2005; this program was funded at $12.3 billion in FY2004.
!An additional $1.0 billion was proposed for Special Education Part
B Grants to States program under Individuals with Disabilities
Education Act (IDEA), funded at $10.1 billion in FY2004.



!An additional $0.8 billion was requested for the Pell Grant program,
which was funded at $12.0 billion in FY2004.
!The FY2005 request included an increase of $818 million to support
a unified discretionary account for the administration of federal
student aid programs, funded at $117 million in FY2004. This
amount would have been offset in part by a savings of $795 million
through the consolidation of certain related expenses for student aid
administrative activities currently counted elsewhere.
!An increase of $101 million was requested for Reading First State
Grants; the program was funded at $1.0 billion in FY2004
!An initial request of $100 million was proposed for the Striving
Readers Initiative.
!An additional $120 million was requested for Mathematics and
Science Partnerships; the FY2004 amount was $149 million.
Along with the increases proposed above, the President’s FY2005 budget would
have decreased or terminated funding for several programs.
!The Even Start program would have been terminated under the
FY2005 request; it was funded at $247 million in FY2004.
!The Comprehensive School Reform Demonstration program would
have been terminated; it was funded at $234 million in FY2004.
!The Fund for the Improvement of Education (FIE) would have been
reduced by $260 million; $430 million was provided in FY2004.
!The Perkins Vocational Education program would have been
reduced by $316 million; $1.3 billion was provided in FY2004.
!Smaller Learning Communities would have been eliminated; $174
million was the FY2004 amount.
!The Fund for the Improvement of Postsecondary Education (FIPSE)
would have been decreased by $126 million; the program was
funded at $158 million in FY2004.
House Bill. For ED programs, the House bill would have differed in several
respects from the President’s budget request.
!ESEA programs in aggregate would have been funded at $24.6
billion in FY2005, $141 million less than requested but $336 million
more than the FY2004 amount of $24.3 billion.
!Even Start would have been funded at $227 million, $20 million less
than the FY2004 amount; zero funding was requested.
!The Innovative Education Block Grant would have been reduced to
$20 million; $297 million was requested, the same as the FY2004
funding level.
!Several Innovation and Improvement activities would have been
funded below the requested level, including elimination of the
Teaching of Traditional American History program, for which level
funding of $119 million had been requested.
!Perkins Vocational Education programs would have been funded at
$1.3 billion, $322 million more than requested; $1.3 billion was
provided for FY2004.



!Smaller Learning Communities would have been funded at $101
million; no funds were requested, and $174 million was the FY2004
level.
!The House bill would not have approved the administrative
reclassification of student loans proposed in the budget request but
would have continued funding at approximately FY2004 levels.
Senate Bill. For ED programs, the Senate bill, as reported, would have
differed from the House bill in several respects.
!ESEA programs in aggregate would have been funded at $25.3
billion in the Senate bill, $694 million more than in the House bill
and $553 million more than requested; the FY2004 amount was
$24.3 billion.
!ESEA Title I Part A Grants to LEAs would have received $13.5
billion, $116 million more than under the House bill or the request;
the FY2004 amount was $12.3 billion.
!Funding for Even Start would have been eliminated, the same as
requested; the House amount is $227 million; $247 million was
provided for FY2004.
!Comprehensive School Reform Demonstration would have been
funded at $234 million, $154 million more than the House amount
and the same as in FY2004; funding would have been eliminated
under the request.
!FIE would have been funded at $447 million, $347 million more
than the House amount and $277 million more than requested; $430
million was the FY2004 amount.
!IDEA Part B Grants to States would have been funded at $11.2
billion, $161 million more than in the House bill or the request;
$10.1 billion was the FY2004 amount.
!FIPSE would have been funded at $158 million, $126 million more
than in the House bill or the request; $158 million was the FY2004
amount.
Public Law. Under the FY2005 conference agreement, as enacted, a change
in funding from FY2004 to FY2005 of at least $100 million occurs for several ED
programs.
!The aggregate funding level for all ESEA programs is $24.6 billion,
$270 million more than the FY2004 amount but $206 million less
than requested.
!Within the ESEA total, the largest program, Title I Part A Grants to
LEAs, is funded at $12.8 billion, $500 million more than in FY2004
but $500 million less than requested.
!Educational Technology State Grants receive $500 million, $192
million less than the FY2004 amount and the request.
!IDEA Part B Grants to States are funded at $10.7 billion, $607
million more than the FY2004 amount but $393 million less than
requested.



!Pell Grants receive $12.5 billion, $458 million more than in FY2004
but $365 million less than requested.
IDEA Part B Grants to States. The IDEA is the major federal program
providing assistance to states and school districts to help them provide a free
appropriate public education to children with disabilities. In 1975, the Congress
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
and above that each state serves. The rationale for this formula was the assumption
that the education of children with disabilities cost twice the national APPE — 100%
more than the “average” child — and the federal share would be up to 40% of the
extra cost. Appropriations have never been sufficient to reach the 40% level. Some
view this as a promise made that has not yet been kept; others see the maximum
federal share as nothing more than an authorization ceiling.
For FY2005, achieving the 40% funding level for IDEA Part B Grants to States
would take an estimated $22.3 billion, whereas $10.7 billion has been appropriated.
The FY2005 funding represents an estimated 19.0% of the current APPE times the
number of children served. An additional $11.6 billion would be necessary to
provide the 40% authorized maximum for FY2005. Because of amendments to
IDEA made by P.L. 108-446, the Individuals with Disabilities Education
Improvement Act of 2004, future maximum grants will be based on changes in APPE
and on growth rates in total student population and in students living in poor families.
For additional information, please see CRS Report RL32085, Individuals with
Disabilities Education Act (IDEA): Current Funding Trends.
Pell Grants. The funding level for Pell Grants has been a continuing issue.
The program provides assistance to eligible undergraduate students based on
financial need. Aggregate program costs depend largely on the maximum award and
the number of eligible recipients. The maximum award is currently set when
appropriations are enacted, which is usually before the start of the program year. The
exact number and total amount of the Pell awards cannot be determined until all
students have claimed an award. Generally, the number of recipients and the amount
of the Pell awards are not reconciled until the end of the program year, which occurs
after the following year’s appropriations have been enacted. Appropriations for Pell
Grants make funds available for two full fiscal years to provide administrative
flexibility regarding potential shortfalls and surpluses. If the costs of the Pell Grant
program exceed the current fiscal year’s appropriation, the shortfall is covered by
using appropriated monies from the next fiscal year. Similarly, a surplus can be
carried forward and used in the following year. As of December 9, 2004, the ED
Budget Service estimates that the FY2004 shortfall will be $3.6 billion and that the
shortfall will grow to $4.0 billion under the FY2005 funding level. For additional
information, please see CRS Report RL31668, Federal Pell Grant Program of the
Higher Education Act: Background and Reauthorization.
Forward Funding and Advance Appropriations. Several L-HHS-ED
programs, including some of the larger ED programs, have either 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, FY2005
appropriations for some programs will became available for obligation to the states
on July 1, 2005, and will remain available until September 30, 2006. 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 FY2005 appropriations would be used primarily to support the 2005-

2006 academic year. Unlike elementary and secondary education programs,


however, the funds for Pell Grants remain available for obligation for two full fiscal
years, as discussed above.
An advance appropriation occurs when the appropriation is provided for a
fiscal year beyond the fiscal year for which the appropriation was enacted. In the
case of FY2005 appropriations, funds normally would become available October 1,

2004, under regular funding provisions, but will not become available until July 1,


2005, under the forward funding provisions discussed above. However, if the July 1,


2005 forward funding date were to be postponed for obligation by three months —


until October 1, 2005 — the appropriation would be reclassified as an advance
appropriation since the funds would become available only in a subsequent fiscal
year, FY2006. For example, the FY2005 budget request for Title I, Part A Grants to
LEAs for the Education of the Disadvantaged was $13.3 billion. This amount
includes not only forward funding of $6.1 billion (to become available July 1, 2005),
but also an advance appropriation of $7.2 billion (to become available October 1,
2005). 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 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 appropriations level, however, a significant technical difference occurs
because forward funding is counted as part of the current fiscal year, and is therefore
fully included in the current 302(b) allocation for discretionary appropriations.
Under federal budget scorekeeping rules, an advance appropriation is not counted in
the 302(b) allocation until the following year. In essence, a three-month change from
forward funding to an advance appropriation for a given program allows a one-time
shift from the current year to the next year in the scoring of discretionary
appropriations. For additional information, please see CRS Report RS20441,
Advance Appropriations, Forward Funding, and Advance Funding, and CRS Report

98-720, Manual on the Federal Budget Process.



CRS Products
CRS Report RL32365, Adult Education and Literacy: Reauthorization Proposals
of the 108th Congress, by Paul M. Irwin.
CRS Report RL31618, Campus-Based Student Financial Aid Programs Under the
Higher Education Act, by David Smole.
CRS Report RL31747, The Carl D. Perkins Vocational and Technical Education Act
of 1998: Background and Implementation, by Rebecca R. Skinner and Richard
N. Apling.
CRS Report RL31487, Education for the Disadvantaged: Overview of ESEA
Title I-A Amendments Under the No Child Left Behind Act, by Wayne Riddle.
CRS Report RL31315, Education of Limited English Proficient and Recent
Immigrant Students: Provisions of the No Child Left Behind Act of 2001, by
Jeffrey J. Kuenzi.
CRS Report RL30448, Even Start Family Literacy Programs: An Overview, by Gail
McCallion and Wayne Riddle.
CRS Report RL31668, Federal Pell Grant Program of the Higher Education Act:
Background and Reauthorization, by James B. Stedman.
CRS Issue Brief IB10097, The Higher Education Act: Reauthorization Status and
Issues, by James B. Stedman.
CRS Report RL31885, Impact Aid for Public K-12 Education: General Overview
and Current Status, by Rebecca R. Skinner and Richard A. Apling.
CRS Report RL32085, Individuals with Disabilities Education Act (IDEA): Current
Funding Trends, by Richard N. Apling.
CRS Report RS20366, Individuals with Disabilities Education Act (IDEA):
Overview of Major Provisions, by Richard Apling and Nancy Lee Jones.
CRS Current Legislative Issues: K-12 Education,
[ h ttp://www.congress.gov/er p/legi ssues/html/isedu5.html] .
CRS Report RS21947, K-12 Education Programs: Appropriations Summary, by
Paul M. Irwin.
CRS Report RL31284, K-12 Education: Highlights of the No Child Left Behind Act
of 2001 (P.L. 107-110), by Wayne Riddle.
CRS Report RL30834, K-12 Teacher Quality: Issues and Legislative Action, by
James B. Stedman.
CRS Report RL31241, Reading First and Early Reading First: Background and
Funding, by Gail McCallion.
CRS Report RL31647, Title III and Title V of the Higher Education Act:
Background and Reauthorization Issues, by Charmaine Jackson.
CRS Report RS20532, The Safe and Drug-Free Schools and Communities Act:
Reauthorization and Appropriations, by Edith Fairman Cooper.
CRS Issue Brief IB98035, School Choice: Current Legislation, by David P. Smole.
CRS Report RL31622, TRIO and GEAR UP Programs: Status and Issues, by Jeffrey
J. Kuenzi.
CRS Report RL31240, 21st Century Community Learning Centers in P.L. 107-110:
Background and Funding, by Gail McCallion.



Websites
Department of Education
[ http://www.ed.gov/index .jhtml]
[ http://www.ed.gov/about/overview/budget/budget05/index .html]
Detailed Appropriations Table
Table 11 shows the appropriations details for offices and major programs of
ED.



Table 11. Detailed Department of Education Appropriations
($ in millions)
FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Total Elementary and Secondary24,29524,77124,63025,32524,565
Education Act (non-add)
Title I, Part A Education for the12,34213,34213,34213,45812,842
Disadvantaged, Grants to LEAs
Even Start24702270227
Reading First State Grants1,0241,1251,1251,0621,050
Striving Readers Initiative01001002525
Comprehensive School Reform234080234207
Education for the Disadvantaged,599638642722613
other
Impact Aid1,2301,2301,2511,2301,254
Teacher Quality State Grants2,9302,9302,9502,9752,940
Mathematics and Science149269269200180
P artnerships
Innovative Education Block Grant297297200200
Educational Technology State692692600692500
Grants
21st Century Community Learning9999999991,007999
Ce nte r s
State Assessments390410410420415
Rural Education168168168175172
School Improvement, other233175245262259
Indian Education121121121121121
Charter School Grants219219219219219
Fund for the Improvement of430170100447417
Education (FIE)
Innovation and Improvement,454496351478465
other
Safe and Drug-Free Schools State441441441441441
Grants
Safe Schools and Citizenship,415398360461427
other
English Language Acquisition
and Enhancement (Bilingual and681681681700681
Immigrant Education)
IDEA Special Education, Part B,10,06811,06811,06811,22910,675
Grants to States
IDEA Special Education, other1,0931,1081,1081,0991,093
Vocational Rehabilitation State2,5842,6362,6362,6362,636
Grants (mandatory)
Rehabilitation Services, other427411419441440
Special Institutions for Persons170170177178178


With Disabilities

FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Perkins Vocational Education1,3281,0121,3341,3271,337
Adult Education590590590590590
Smaller Learning Communities174010117495
Community Technology Centers1000115
Federal Student Aid
Pell Grants, maximum award (in4,0504,0504,0504,0504,050
dollars, non-add)
Pell Grants12,00712,83012,83012,83012,465
Enhanced Pell Grants Initiative033000
Supplemental Educational770770794800785
Opportunity Grants
Federal Work-Study999999999998998
Federal Perkins Loans, Capital9900990
Co nt r i b ut i o ns
Federal Perkins Loans, Loan6767676767
Cancellatio ns
Leveraging Educational660666666
Assistance Partnership (LEAP)
Federal Family Education Loans,117935120121120
Ad mi ni str a tio n
Direct Loan Reclassification0-795000
Proposal
Office of Postsecondary Education (OPE)
Aid for Institutional Development485506511522512
Fund for the Improvement of1583232158164
Postsecondary Education (FIPSE)
Federal TRIO Programs833833843845843
GEAR UP298298318303309
Higher Education, other319308272320306
Howard University239239244240241
Institute of Education Sciences (IES)
Research, Statistics, Assessments497450527537527
Departmental Management
Departmental Management555573559564561
TOTALS, DEPARTMENT OF EDUCATION
Total Appropriationsa58,24759,97560,31761,48459,669
Current year funding43,22444,95345,29546,46244,646
One-year advance funding15,02215,02215,02215,02215,022
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004;
conference amounts do not reflect the cuts required for some discretionary programs (see page 9).
a. Appropriations totals include discretionary and mandatory funds, and are subject to additional
scorekeeping and other adjustments.



Related Agencies
The FY2005 budget request for discretionary appropriations for L-HHS-ED
Related Agencies was $10.3 billion, $0.2 billion (2.0%) more than the FY2004
appropriations of $10.1 billion, as shown in Table 12. The House bill would have
provided $10.5 billion; as reported, the Senate bill would have provided the same.
The conference amount, as enacted, is $10.6 billion, prior to offsets required
elsewhere in the conference agreement (see page 9).
Table 12. Related Agencies Discretionary Appropriations
($ in billions)
FY2004 FY2005 FY2005 FY2005 FY2005
F unding estima te request House Sena t e enacted
Appropriations$10.1$10.3$10.5$10.5 $10.6
Source: Amounts are based on the FY2005 conference report, H.Rept. 108-792, Nov. 20, 2004.
FY2005 conference amounts are pre-reduction; they do not reflect the discretionary cuts required
elsewhere in the conference agreement. FY2004 amounts are post-reduction (see page 45) and based
on P.L. 108-199. Amounts represent discretionary programs funded by L-HHS-ED appropriations;
funds for mandatory programs are excluded.
Mandatory programs for related agencies included in the L-HHS-ED bill were
funded at $35.9 billion in FY2004, virtually all of it for the Supplemental Security
Income (SSI) program.
Key Issues
President’s Request. The President’s FY2005 budget for related agencies
would have changed discretionary spending by at least $100 million for several
programs.
!The Corporation for Public Broadcasting (CPB) has been provided
with a two-year advance appropriation in recent years; the FY2005
L-HHS-ED bill would be anticipated to provide FY2007 funding for
the CPB. However, the President’s request would not have provided
FY2007 funding. An FY2006 appropriation of $400 million has
already been enacted (as part of the FY2004 L-HHS-ED bill), and
$390 million has been provided for FY2005 (enacted in the FY2003
bill). The FY2004 amount was $378 million, which was enacted in
FY2002.
!An increase of $520 million was proposed for the SSA
Administrative Expenses, which was funded at $5.2 billion in
FY2004.
!An initial $100 million was proposed for an SSA Medicare Reform
Contingency Fund initiative for the implementation of the new
Medicare prescription drug program enacted by P.L. 108-173.



House Bill. For the related agencies included in the L-HHS-ED bill, the
House bill would have differed from the President’s budget request by at least $100
million for two programs.
!The two-year advance appropriation for FY2007 for the CPB would
have been $400 million under the House bill, the same funding level
as the advance funding for FY2006 that has already been enacted;
the President requested no additional funds for the CPB for FY2007.
!No funds would have been provided for the SSA Medicare Reform
Contingency Fund initiative; initial funding of $100 million was
requested for FY2005.
Senate Bill. For related agencies, the Senate bill, as reported, would have
differed from the House bill by at least $100 million for one program. The SSA
Limitation on Administrative Expenses would have been funded at $5.6 billion, $116
million less than the House amount and $169 million less than requested; the
FY2004 amount was $5.2 billion.
Public Law. Under the FY2005 conference agreement, as enacted, a change
in funding from FY2004 to FY2005 of at least $100 million occurs for a single
program. The SSA Limitation on Administrative Expenses is funded at $5.7 billion,
$53 million less than requested but $467 million more than in FY2004.
CRS Products
CRS Report RL31320, Federal Aid to Libraries: The Library Services and
Technology Act, by Gail McCallion.
CRS Report RL32004, Social Security Benefits for Noncitizens: Current Policy and
Legislation, by Dawn Nuschler and Alison Siskin.
CRS Issue Brief IB98048, Social Security Reform, by Dawn Nuschler.
CRS Report RS20419, VISTA and the Senior Volunteer Service Corps: Description
and Funding Levels, by Ann Lordeman.
Websites
Note: Not all of the L-HHS-ED related agencies have websites, and not all websites
include FY2005 budget information.
Armed Forces Retirement Home
[ h ttp://www.afrh.gov/DW P/afrh/afrhhome.htm]
Committee for Purchase From People Who Are Blind or Severely Disabled
[ http://www.jwod.gov/jwod/index .html]
Corporation for National and Community Service
[ http://www.cns.gov]
[ http://www.cns.gov/about/budget.html]



Corporation for Public Broadcasting
[ h ttp://www.cpb.org]
[ http://www.cpb.org/ about/funding/appropriation.html]
Federal Mediation and Conciliation Service
[ http://www.fmcs.gov/internet/]
Institute of Museum and Library Services
[ http://www.imls.gov]
Medicare Payment Advisory Commission
[ h ttp://www.medpac.gov/]
National Commission on Libraries and Information Science
[http://www.nclis.gov/]
National Council on Disability
[ http://www.ncd.gov/]
National Labor Relations Board
[ h ttp://www.nlrb.gov/nlrb/home/default.asp]
National Mediation Board
[ http://www.nmb.gov/]
Occupational Health and Safety Review Commission
[ http://www.oshrc.gov/]
Railroad Retirement Board
[ h ttp://www.rrb.gov]
Social Security Administration
[ http://www.ssa.gov]
United States Institute of Peace
[ http://www.usip.org]
Detailed Appropriations Table
Table 13 shows the appropriations details for offices and major programs of the
L-HHS-ED related agencies.



Table 13. Detailed Related Agencies Appropriations
($ in millions)
FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Armed Services Retirement Home6561616162
Committee for Purchase From
People Who Are Blind ora555 (a)5
Severely Disabled
Corporation for National and Community Service (CNCS)b
Volunteers in Service to America9496949695
(VIST A)
Special Volunteer Programs1015555
National Senior Volunteer Corps214225216219218
Program Administration3639383839
CNCS subtotal354375353358357
Corporation for Public
Broadcasting (CPB), two-year4000400400400
Advance for FY2007 (current
request) with FY2006 comparable
CPB advance for FY2006 with 3900400400400
FY2005 comparable (non-add)
CPB advance for FY2005 with3780390390390
FY2004 comparable (non-add)
CPB Digitalization Program50005040
CPB Interconnection10005040
Federal Mediation and4344444445
Conciliation Service
Federal Mine Safety and Health88888
Review Committee
Institute of Museum and Libraryc262262262262283
Services (IMLS)
Medicare Payment Advisory910101010
C o mmi s s i o n
National Commission on11111
Libraries and Information Science
National Council on Disability33333
National Labor Relations Board243249249250252
National Mediation Board1112121212
Occupational Safety and Health1011111111
Review Commission
Railroad Retirement Board218210209210211



FY2004 FY2005 FY2005 FY2005 FY2005
Office or major programestimaterequestHouseSenateenacted
Social Security Administration (SSA)d
SSA Payments to Social Security2220202020
Trust Fund (mandatory)
SSA Supplemental Security35,84636,52236,52236,53036,530
Income (SSI) (mandatory)
SSA SSI, Discretionary3,0933,1413,1113,0523,111
SSA Administrative Expenses5,2205,7405,6875,5715,687
SSA Medicare Reform Funding0100000
SSA Office of Inspector General8892919291
SSA subtotal44,26945,61545,43145,26545,439
United States Institute for Peace2722 — (e)22 — (e)
(non-add)
TOTALS, RELATED AGENCIES
Total appropriationsf45,96046,86547,05847,01747,177
Current year funding32,97035,93535,72832,48735,847
One-year advance funding12,59010,93010,93014,13010,930
Two-year advance funding4000400400400
Source: Amounts are based on the FY2005 conference report H.Rept. 108-792, Nov. 20, 2004;
conference amounts do not reflect the cuts required for some discretionary programs (see page 9).
a. The House bill would have moved the Committee for Purchase From People Who Are Blind or
Severely Disabled to L-HHS-ED from Transportation-Treasury appropriations in an FY2005
House jurisdictional change; the Senate did not initially agree to this change, but the conference
agreement followed the House bill.
b. L-HHS-ED funds are provided only for CNCS Domestic Volunteer Service Act programs. In
addition, the Veterans Affairs and Housing and Urban Development (VA-HUD) appropriations
act provides funds for CNCS AmeriCorps Grants and other programs under the National
Community Service Act — $581 million in FY2004.
c. The IMLS amounts include both Library Services and Museum Services; prior to FY2003,
Museum Services activities were funded through VA-HUD appropriations.
d. The Social Security Administration (SSA) was separated from HHS and established as an
independent federal agency on Mar. 31, 1995. Within the L-HHS-ED bill, however, the SSA
merely was transferred from HHS to “related agency status. The operation of the Social
Security trust funds is 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.
e. The House bill would have moved the United States Institute for Peace from L-HHS-ED to
Commerce-Justice-State appropriations in an FY2005 House jurisdictional change; the Senate
did not initially agree to this change, but the conference agreement followed the House bill.
f. Appropriations totals include discretionary and mandatory funds, and are subject to additional
scorekeeping and other adjustments.



Related Legislation
Several proposals related to L-HHS-ED appropriations were introduced duringth
the second session of the 108 Congress, including a series of FY2005 continuing
resolutions, FY2005 supplemental appropriations, FY2005 budget resolutions, and
a bill to provide FY2005 appropriations for ED. Early in the session, the Senate
approved passage of P.L. 108-199, the Consolidated Appropriations Act, 2004,
which provided most of the FY2004 appropriations for L-HHS-ED programs.
FY2005 Continuing Resolution, P.L. 108-309 (H.J.Res. 107)
A series of three continuing resolutions — P.L. 108-309, P.L. 108-416, and
P.L. 108-434 — provided temporary FY2005 appropriations for most ongoing
L-HHS-ED programs, including the costs of direct loans and loan guarantees, for the
period October 1, 2004, through December 8, 2004. An FY2005 continuing
resolution was necessary because the regular L-HHS-ED appropriations were not
enacted by the start of FY2005. Funding under the FY2005 continuing resolutions
was provided at a rate of operations not to exceed the “current rate,” under FY2004
conditions and program authority. New initiatives were prohibited unless otherwise
specifically authorized. For programs with high spend-out rates that normally would
occur early in the fiscal year, special restrictions prohibited spending levels that
would impinge on final funding decisions. For additional information, please see
CRS Report RL30343, Continuing Appropriations Acts: Brief Overview of Recent
Practices.
!1st continuing resolution, P.L. 108-309 (H.J.Res. 107), provided
temporary appropriations for the period October 1, 2004, through
November 20, 2004, as long as regular appropriations were not
enacted sooner (§107 of P.L. 108-309). H.J.Res. 107 was passed by
the House and Senate on September 29, 2004, and signed into law
by the President on September 30, 2004, as P.L. 108-309.
!2nd continuing resolution, P.L. 108-416 (H.J.Res. 114), extended
the provisions of P.L. 108-309 through December 3, 2004.
!3rd continuing resolution, P.L. 108-434 (H.J.Res. 115), extended
the provisions of P.L. 108-309 through December 8, 2004.
P.L. 108-309 included two special provisions related directly to L-HHS-ED
activities.
!The HHS Strategic National Stockpile (SNS) was funded for the
duration of the resolution at a rate not to exceed the lower of the
House-passed ($450 million) or Senate-reported ($400 million) bills
(§114). The SNS was funded at $398 million during FY2004
through the Homeland Security Appropriations Act, but
administered by the CDC.
!Programs, activities, and functions authorized under the Higher
Education Act of 1965 (HEA) through FY2004 were continued for
the duration of the resolution (§118 of P.L. 108-309). However, on
October 25, 2004, P.L. 108-366 (H.R. 5185) was signed into law,



extending all the HEA programs, activities, and functions through
the end of FY2005; for additional information, please see CRS Issue
Brief IB10097, The Higher Education Act: Reauthorization Status
and Issues.
FY2005 Supplemental Appropriations for Hurricanes,
P.L. 108-324 (H.R. 4837)
Two supplemental appropriations were enacted in response to a series of
hurricanes in the fall of 2004. The first statute, P.L. 108-303 (H.R. 5005), provided
$2.0 billion for FY2004, primarily for Hurricanes Charley and Frances. The second
statute, P.L. 108-324 (H.R. 4837) provides $14.5 billion for FY2005, primarily for
Hurricanes Ivan and Jeanne. For L-HHS-ED activities, P.L. 108-324 includes funds
of $50 million for “aging services, social services and health services associated with
natural disaster recovery and response efforts” under the Public Health and Social
Service Fund (PHSSF) of HHS.
Disaster relief for Hurricanes Ivan and Jeanne was initially considered in a
separate bill, H.R. 5212, which passed the House without dissent on October 6, 2004.
Subsequently, these provisions were added as Division B of H.R. 4837 (conference
report H.Rept. 108-773), the Military Construction Appropriations Act, 2005, which
was signed into law by the President on October 13, 2004, as P.L. 108-324. For
additional details on disaster relief, please see CRS Report RL32581, Assistance
After Hurricanes and Other Disasters: FY2004 and FY2005 Supplemental
Appropriations.
FY2005 Budget Resolution, S.Con.Res. 95/H.Con.Res. 393
The annual concurrent resolution on the budget sets forth the congressional
budget.2 Among other provisions, the conference agreement on the FY2005
resolution, H.Rept. 108-498, proposes total discretionary budget authority of $821
billion. This total represents an increase of 4.2% from the estimated FY2004 total
of $788 billion, according to the summary published by the Senate Committee on the
Budget. Report language outlines the funding assumptions made for selected
programs that might be used to reach the spending targets. FY2005 discretionary
appropriations for specific departments, agencies, and programs, however, are
determined only through the enactment of appropriations.


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

Table 14 shows the assumed levels of discretionary budget authority for budget
functions most relevant to L-HHS-ED programs from the FY2005 conference
agreement. The Senate version of the FY2005 budget resolution would include a
reserve fund for higher education (§302). Under that provision, if the Senate
Committee on Health, Education, Labor, and Pensions (HELP) were to report a
measure to reauthorize the Higher Education Act of 1965 (HEA), the Chairman of
the Senate Committee on the Budget would be authorized to add up to $1.0 billion
in new FY2005 budget authority, and $5.0 billion for the period FY2005-FY2009.
If HELP were to report a measure to eliminate the accumulated shortfall in Pell
Grants, the Chairman would be authorized to add up to $3.7 billion to the total
budget authority in the resolution. Under the conference agreement, H.Rept. 108-
498, does not include any special provision for the elimination of the Pell Grants
shortfall. The agreement would allow an increase of $5.0 billion for HEA
reauthorization for the period FY2005 through FY2009, but only if matching offsets
are found elsewhere.
Table 14. Discretionary Budget Authority for L-HHS-ED Budget
Functions Assumed in the FY2005 Budget Resolution
($ in billions)
Budget functions most relevant toFY2004FY2005Difference
L-HHS-ED programscomparableconference
500: Education, Training, Employment,78.00880.9992.991
and Social Services
550: Health51.84753.2861.439
570: Medicare3.8493.8500.001
600: Income Security44.59446.3811.787
650: Social Security4.1344.2490.115
Source: Amounts are based on a table in the joint explanatory statement of the committee of
conference on the FY2005 budget resolution, S.Con.Res. 95 (H.Rept. 108-498, pp. 31-33).
S.Con.Res. 95 (without written report) was passed by the Senate on March 12,
2004 (Roll Call no. 58, 51-45). H.Con.Res. 393 (H.Rept. 108-441) was passed by
the House on March 25 (Roll Call no. 92, 215-212). On March 29, the House
inserted the provisions of H.Con.Res. 393 in S.Con.Res. 95, and agreed to
S.Con.Res. 95, as amended. A conference report, H.Rept. 108-498, was passed by
the House on May 19, 2004 (Roll Call no. 198, 216-213). For additional
information, please see CRS Report RL32264, The Budget for Fiscal Year 2005.
FY2005 Education Appropriations, H.R. 4473
On June 1, 2004, Representative David Obey, Ranking Member of the House
Committee on Appropriations, introduced a bill to provide ED appropriations for
FY2005. The bill would increase funding compared to the FY2004 levels for
selected ED accounts, including increases of $8.3 billion for Education for the
Disadvantaged (primarily for Title I, Part A); $1.4 billion for School Improvement;



$2.2 billion for Special Education; and $3.3 billion for Student Financial Assistance
(primarily for Pell Grants), with the maximum Pell Grant to be increased to $4,500
(from $4,050). The bill would offset these increases by decreasing certain reductions
in taxes resulting from the 2001 and 2003 reconciliation acts, P.L. 107-16 and P.L.
108-27, respectively. Specifically, any taxpayer with an adjusted gross income in
excess of $1,000,000 would have the reduction decreased by 55.7% in 2004.
H.R. 4473, the Educational Opportunity for the 21st Century Department of
Education Appropriations Act, 2005, was jointly referred to the House Committee
on Appropriations and the House Committee on Ways and Means.
FY2004 Omnibus Appropriations, P.L. 108-199 (H.R. 2673)
Regular FY2004 funding for L-HHS-ED activities was enacted early in the
second session of the 108th Congress, more than four months after the start of the
fiscal year on October 1, 2003. Seven of the 13 regular FY2004 appropriations bills
were combined into a single omnibus bill, H.R. 2673; Division E of the omnibus
provided funds for L-HHS-ED programs. A series of five continuing resolutions,
P.L. 108-84 (H.J.Res. 69), as amended, provided temporary FY2004 funding for
most L-HHS-ED programs until regular funding was enacted.
The H.R. 2673 conference report, H.Rept. 108-401, was passed by the House
(Roll Call No. 676, 242-176) on December 8, 2003, and by the Senate (Roll Call
No. 3, 65-28) on January 22, 2004. It was signed into law by the President on
January 23, 2004, as P.L. 108-199, the Consolidated Appropriations Act, 2004. For
a guide to the FY2004 omnibus bill, please see CRS Report RS21684, FY2004
Consolidated Appropriations Act: Reference Guide. For information on the FY2004
L-HHS-ED appropriations, please see CRS Report RL31803, Appropriations for
FY2004: Labor, Health and Human Services, and Education.
“Across-the-Board” Reductions for FY2004. In a effort to meet the
overall spending limitations requested by the President, the H.R. 2674 conferees
included two reductions in discretionary appropriations — one for defense, the other
for non-defense. These provisions were specified in P.L. 108-199, Division H,
“Miscellaneous Appropriations and Offsets,” Section 168. The defense reduction
required a rescission of $1.8 billion from unobligated balances that remain available
from the FY2001 anti-terrorism supplemental, P.L. 107-38; the FY2002 anti-
terrorism supplemental, P.L. 107-117; and unobligated balances from any
appropriations for the Department of Defense.
The non-defense reduction required a decrease of 0.59% from most domestic
discretionary appropriations found in P.L. 108-199, as well as from certain FY2004
appropriations enacted separately and advance appropriations for FY2004 enacted
in previous years. This reduction yielded an estimated $2.8 billion (please see
Congressional Record, daily edition, December 12, 2003, p. H12812; also see CRS
Report RS21684, FY2004 Consolidated Appropriations: Reference Guide). For the
specified appropriations, the 0.59% reduction must be applied to “each discretionary
account and each item of budget authority” and to each program, project, and activity
within each such account or item. FY2004 supplemental appropriation acts and
discretionary amounts from FY2004 Defense and Military Construction



Appropriations Acts were excluded, as were advance appropriations for FY2005 or
later that were enacted through P.L. 108-199.
Although the exact percentage of the non-defense reduction procedures was
specified, the actual reductions for each account or line item were left for the
determination of the Office of Management and Budget (OMB) and the individual
agencies. Within 30 days of enactment of the bill, OMB was required to report the
amount of each rescission. In addition, Section 515 of the FY2004 L-HHS-ED bill
required a $50 million reduction of funds otherwise provided for L-HHS-ED
administrative and related expenses on a pro rata basis; these reductions were
required to be reported by OMB within 15 days of enactment. As a result, the tables
in the H.R. 2673 conference report, H.Rept. 108-401, show pre-reduction levels,
whereas the final post-reduction amounts, as approved by OMB, are incorporated
into the tables shown in this report.



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



Supplemental appropriation is budget authority provided in an appropriations act
in addition to regular appropriations already provided.
Websites
General information on budget and appropriations may be found at these
websites. Specific L-HHS-ED agency sites are listed in relevant sections of this
report.
House Committees
[ http://appropriations.house.gov/]
[ http://www.house.gov/budget/]
Senate Committees
[http://appropriations.senat e.gov/]
[ h ttp://www.senate.gov/~budget/]
Congressional Budget Office (CBO)
[ http://www.cbo.gov]
Congressional Research Service (CRS)
[ http://www.crs.gov/products/appropriations/apppage.shtml]
Government Accountability Office (GAO)
[ http://www.gao.gov/]
Government Printing Office (GPO)
[ h ttp://www.gpoaccess.gov/usbudget/]
Office of Management & Budget (OMB)
[ http://www.whitehouse.gov/omb/budget/index .html]
[ http://www.whitehouse.gov/omb/legi slative/sap/index .html]



Appendix B: Context of L-HHS-ED Appropriations
Budget authority for all federal programs has been estimated to be $2,345.3
billion for FY2004. Budget authority for all L-HHS-ED departments and related
agencies has been estimated at $1,213.4 billion, or slightly more than half — 51.7%
— of the federal total. Table B.1 shows funding for the major L-HHS-ED agencies
and provides context for the discretionary funding provided by the L-HHS-ED bill
— $139.2 billion, or 5.9% of the federal total in FY2004.
Table B.1. Context of the L-HHS-ED Bill, FY2004
(Estimated budget authority in billions of dollars)
Estima ted
budgetPercent of
Budget categoryauthorityfederal budget
Total federal budget authority$2,345.3100.0%
Department of Labor60.02.6%
Department of Health and Human Services556.423.7%
Department of Education63.32.7%
Social Security Administration (On-budget)48.52.1%
Social Security Administration (Off-budget)483.520.6%
Other L-HHS-ED related agencies1.70.1%
L-HHS-ED agency total1,213.451.7%
L-HHS-ED bill, current year discretionary funds139.25.9%
L-HHS-ED bill, current year mandatory funds331.914.2%
L-HHS-ED bill subtotal471.120.1%
L-HHS-ED agency subtotal from other annual bills5.10.2%
L-HHS-ED agency subtotal not from any annual bill737.231.4%
Source: Budget of the United States Government Historical Tables Fiscal Year 2005, Tables 5.2 and
5.4; and the Mar. 15, 2004 table of the House Committee on Appropriations, which provides details
for the FY2004 L-HHS-ED bill amounts enacted through P.L. 108-199.
Note: For comparability, this table uses data from the Feb. 2004 OMB budget documents and
comparable L-HHS-ED documents; the data therefore do not include any additional FY2004
adjustments for scorekeeping, entitlements, supplemental appropriations, or rescissions.
Of the $1,213.4 billion for L-HHS-ED agencies, as shown in Table B.1, the
L-HHS-ED appropriations subcommittees generally have effective control only over
the $139.2 billion in discretionary funds. What accounts for the remaining $1,074.2
billion of L-HHS-ED funds?
First, funding for mandatory programs accounts for more than two-thirds of the
L-HHS-ED bill — $331.9 billion, or 14.2% of the FY2004 federal total. Although
appropriations are enacted for these mandatory activities annually — these are
sometimes called “appropriated entitlements” — in general the amounts provided
must be sufficient to cover program obligations and entitlements to beneficiaries.



For these programs, as well as the programs funded through trust funds and
permanent authorities, most changes in funding levels are made through amendments
to authorizing legislation rather than through annual appropriations bills. Federal
administrative costs for these programs typically are subject to annual discretionary
appropriations, however. For L-HHS-ED agencies, these mandatory programs
include Supplemental Security Income, Black Lung Disability payments, Foster Care
and Adoption, the Social Services Block Grant, and Vocational Rehabilitation, as
well as general (non-earmarked) fund support for Medicare and Medicaid.
Second, other appropriations bills account for a small portion of L-HHS-ED
agency funding — $5.1 billion, or 0.2% of the FY2004 federal total. Two HHS
agencies are fully funded by other appropriations bills, and three L-HHS-ED
programs are partially funded by bills other than L-HHS-ED. The non-L-HHS-ED
sources are shown for each of these agencies below.
!The HHS Food and Drug Administration is funded by the
Agriculture Appropriations ($1.4 billion in FY2004).
!The HHS Indian Health Service is funded by the Interior
Appropriations ($2.9 billion in FY2004).
!The Corporation for National and Community Service (CNCS) —
which is funded under related L-HHS-ED agencies — receives funds
from the L-HHS-ED bill for programs authorized under the
Domestic Volunteer Service Act of 1973 ($354 million); it also
receives funds from the FY2004 Veterans Affairs and Housing and
Urban Development (VA-HUD) Appropriations for AmeriCorps and
other programs authorized by the National Community Service Act
($581 million).
!The Centers for Disease Control and Prevention (CDC) is primarily
funded under L-HHS-ED ($4.4 billion in FY2004); it also receives
funds under the FY2004 VA-HUD Appropriations for the Agency
for Toxic Substances and Disease Registry (ATSDR) ($73 million).
!The National Institutes of Health (NIH) is primarily funded under
L-HHS-ED ($27.8 billion in FY2004); it receives additional funds
under FY2004 VA-HUD Appropriations for certain environmental
health sciences activities ($78 million).
Third, the remaining L-HHS-ED agency funds — an estimated $737.2 billion,
or 31.4% of the total FY2004 federal budget — are received automatically without
congressional intervention and outside the annual appropriations process. These
funds are provided from permanent appropriations and trust funds. The major
L-HHS-ED programs in this category include Unemployment Compensation,
Medicare, Railroad Retirement, Temporary Assistance for Needy Families (TANF,
the welfare assistance program), Student Loans, State Children’s Health Insurance,
and Social Security benefits.
Jurisdictional Changes Related to L-HHS-ED Appropriations. On
June 9, 2004, the House Committee on Appropriations modified the subcommittee
jurisdiction of several programs relevant to the L-HHS-ED bill. It moved the U.S.
Institute of Peace ($27 million in FY2004) from L-HHS-ED to Commerce-Justice-
State appropriations. It transferred two programs to L-HHS-ED: the Weatherization



Grants program of the Department of Energy ($227 million in FY2004) from Interior
appropriations, and the Committee for Purchase From People Who Are Blind or
Severely Disabled ($5 million in FY2004), an independent federal agency, from
Transportation-Treasury appropriations. The Senate Committee on Appropriations
did not accept any of these changes when it reported the FY2005 L-HHS-ED bill,
S. 2810 (S.Rept. 108-345). Subsequently, the conference agreement on H.R. 4818,
H.Rept. 108-792, modified the initial House proposal for jurisdictional changes for
FY2005, as follows:
!The Committee for Purchase From People Who Are Blind or
Severely Disabled is transferred from Transportation-Treasury to
L-HHS-ED appropriations.
!The U.S. Institute of Peace is transferred from L-HHS-ED to
Commerce-Justice-State appropriations.
!The Weatherization Assistance program of the Department of
Energy is transferred from Interior appropriations to Division J,
Other Matters, of P.L. 108-447.