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Congress Completes Action on FY2006 Appropriations Bills

This week, Congress approved a continuing resolution to fund government programs until December 31, 2005. The House and Senate both approved the conference report for the Labor, Health and Human Services, and Education bill. In addition, the Senate approved the conference report for the Department of Defense spending bill after striking a controversial provision that would have allowed drilling in the Arctic National Wildlife Refuge. The House concurred with the Senate amendment on December 22. President Bush signed the two bills into law on December 30.

To date, nine of the eleven FY2006 appropriations bills have been enacted into law: Department of the Interior, Environment, and Related Agencies; Legislative Branch; Department of Homeland Security; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies; and Foreign Operations, Export Financing, and Related Programs; Energy and Water Development; Science, State, Justice, Commerce, and Related Agencies; Military Quality of Life and Veterans Affairs; and Transportation, Treasury, Housing and Urban Development, the Judiciary, and the District of Columbia.

House and Senate Action

Continuing Resolution

On December 17, the House approved, by voice vote, a continuing resolution (H. J. Res. 75) to fund government programs until December 31, 2005. The Senate approved the resolution by unanimous consent later the same day. A previous continuing resolution expired at midnight on December 17.

Under the continuing resolution, government programs would be funded at their FY2005 level, the FY2006 level set in the House-passed bill, or the FY2006 level set in the Senate-passed bill, whichever is lowest. The continuing resolution would cover the two bills that have not yet been signed by President Bush: Labor, Health and Human Services, and Education; and Department of Defense.

House Appropriations Committee Chair Jerry Lewis (R-CA) stated, “When we passed the last CR [continuing resolution], my hope was that it would bring a strong motivation for Congress to complete its work in regular order. I want the body to know that the Committee on Appropriations has been strongly committed to bringing to this floor individual conference reports for each and every bill. The committee does not support an omnibus in any form and has done everything in its power to ensure that that did not happen…The Appropriations Committee has kept its word. I am convinced that moving bills individually is the only way to get us back to regular order. Lacking regular order, there is a tendency for the remaining bills to become ‘Christmas trees,’ if you will, and for spending to grow out of control. In my view, that is simply not acceptable. I hope that, next year, we do not find ourselves in the position we are in today.”

Ranking Member David Obey (D-WI) responded, “As the gentleman has indicated, the House Appropriations Committee was able to pass every bill through the House before we left for the August recess. Despite that fact, for a variety of reasons, most of which have nothing to do with the Appropriations Committee, the fact is that, today, we are two months into the fiscal year and the Department of Defense and the Departments of Labor, Health and Human Services, and Education still have not received their funding for the year under a regular appropriations bill. That means that about 65 percent of the discretionary spending in the budget still has not been tied down for the coming year. That is not just a problem in Washington. It means that local people cannot plan. It means that school boards cannot plan. It means that the Pentagon cannot plan. And it discombobulates everybody. This is not the first time it has happened, but it is certainly one of the most troubling episodes that we have had in a long time.”

Labor, Health and Human Services, and Education

On December 14, the House approved, 215-213, the conference report for the FY2006 Labor, Health and Human Services, and Education spending bill (H.R. 3010). The Senate approved the conference report by voice vote on December 21. It will now go to the White House for President Bush’s signature.

The final bill allocates $142.5 billion in FY2006, a $164.1 million decrease below FY2005 and $923.78 million more than the administration’s request.

Department of Labor

As requested by the administration, the Department of Labor Women’s Bureau receives $9.76 million in FY2006, $286,000 more than FY2005.

The bill provides $982,000 for the Women in Apprenticeship and Nontraditional Occupations program. This program received no funding in FY2004 or FY2005.

Dislocated workers assistance receives level funding of $1.48 billion in FY2006, $132.5 million above the administration’s request.

The measure provides $1.57 billion for Job Corps, $20 million above FY2005 and $50 million more than the budget request.

Under the bill, $125 million is provided for the administration’s Community College Initiative, $1 million more than FY2005, but $125 million less than the budget request.

The conferees “note that the Employment Standards Administration’s most recent regulatory plan indicates that the Employment Standards Administration plans to issue in December 2005 a notice of proposed rulemaking on the Family and Medical Leave Act (FMLA). The conferees urge that the Employment Standards Administration consider providing ample time (more than 60 days indicated in the regulatory plan) for careful consideration of any proposed changes to the FMLA regulations.”

The prisoner re-entry initiative is level-funded at $19.84 million in FY2005, $15.16 million less than the amount requested by President Bush.

H.R. 3010 provides $73.3 million for the International Labor Affairs Bureau, $19.9 million less than FY2005 and $60.9 million above the administration’s request. The total includes $38 million for the International Labor Organization’s International Program for the Elimination of Child Labor. In addition, $23 million is provided “for bilateral assistance to improve access to basic education in international areas with a high rate of abusive and exploitative child labor.”

The measure maintains a provision in the Senate bill ensuring that the Current Employment Survey continues the collection of data for the women worker series.

Department of Health and Human Services

Health Resources and Services Administration (HRSA): Under the bill, HRSA receives $6.56 billion in FY2006, $240 million less than FY2005 and $560 million above the administration’s request.

Community health centers receive $1.8 billion in FY2006, an increase of $70 million above FY2005, but $230 million less than the administration’s request.

The measure provides $700 million for the Maternal and Child Health Block Grant, $23.93 million less than FY2005 and the budget request. Of this amount, $1.94 million is provided for newborn and child screening for heritable disorders, $3.9 million for the sickle cell newborn screening program and its locally based outreach and counseling efforts, $1 million for a fetal alcohol syndrome demonstration program, and $1.6 million for mental health programs and activities.

The Healthy Start infant mortality initiative receives $102.5 million in FY2006, $500,000 above the FY2005 level and $4.8 million more than the administration’s request.

The measure provides $9.9 million for universal newborn hearing screening, $110,000 more than FY2005. Under the administration’s budget request, this program would not have been funded.

Ryan White: The Ryan White Care Act receives a $10 million increase over the FY2005 funding level to $2.08 billion as requested by the administration. Of this amount, $72.5 million is provided to help children, youth, women, and families infected with, or affected by, HIV/AIDS.

National Cord Stem Cell Bank: The bill provides $4 million for the National Cord Stem Cell Bank program, a $5.86 million decrease below FY2005. Under the budget request, this program would not have been funded.

Family Planning: Title X, the nation’s family planning program, is level-funded at $286 million as requested by President Bush. The conference report states “that amounts provided to [voluntary family planning] projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.”

In addition, no funds “may be made available to any entity under Title X of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activity.”

Centers for Disease Control and Prevention (CDC): The measure allocates $5.88 billion for the CDC in FY2006, a $1.31 billion increase over FY2005 and $1.86 billion more than the administration’s request. Of this total, $126 million is provided for the prevention of birth defects, developmental disabilities, and disability and health activities. This represents a $1 million increase over the FY2005 level and a $2 million increase over the administration’s request. The total includes $5.1 million for the national spina bifida program and $2.3 million for an educational campaign to increase the number of women taking folic acid daily.

The conferees “strongly support the activities of both the National Folic Acid Education and Prevention Program and the National Spina Bifida Program and believe the activities are complementary. The National Folic Acid Education Program’s goal is primary prevention through the promotion of the consumption of folic acid to prevent Spina Bifida and other neural tube defects. The National Spina Bifida Program works to improve the quality of life for individuals affected by Spina Bifida and reduce and prevent the occurrence of, and suffering from this birth defect. The conferees have provided $7.4 million for these activities. In order to achieve budget transparency, prevent any overlap of effort, ensure the continued proper balance between primary prevention and quality of life activities, and to maximize the effectiveness of these funds, the conferees request that CDC develop a comprehensive strategic plan whose goal is to establish a unified program to be housed in the Human Development and Disability Division and to be prepared to report on the feasibility of such a unified program during FY2007 budget hearings.”

Chronic disease prevention and health promotion receives $845.1 million in FY2006, $53.9 million below FY2005 and $5.1 million above the budget request. Within that amount, $44.9 million is provided for heart disease and stroke, $311 million for cancer prevention and control, $41.9 million for nutrition and health promotion, and $44.7 million for safe motherhood and infant health.

Within the amount provided for cancer prevention and control, $100,000 is included “for a national education campaign concerning gynecologic cancer. The conferees urge that the CDC coordinate this effort both with the Office of Women’s Health, within the Office of the Secretary, and qualified non-profit private sector organizations.”

The bill provides $956.1 million for HIV/AIDS, sexually transmitted diseases (STDs), and tuberculosis prevention at the CDC, a decrease of $4.57 million below FY2005 and $145,000 less than the budget request. Of that amount, $123.8 million is provided for global HIV/AIDS programs, $100,000 less than FY2005. The Global Fund to Fight AIDS, Tuberculosis, and Malaria receives $100 million in FY2006. In addition, $159.6 million is provided for STD activities.

National Institutes of Health (NIH): The NIH receives $28.62 billion in FY2006, $260 million more than FY2005 and $110 million above the administration’s request.

Substance Abuse and Mental Health Services Administration (SAMHSA): SAMHSA receives $3.36 billion in FY2006, $190 million more than FY2005 and $140 million more than the budget request.

The conference report “includes funding at no less than the FY2005 level, as proposed by the House, for activities through SAMHSA that are targeted to address the growing HIV/AIDS epidemic and its disparate impact on communities of color, including African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians, and Pacific Islanders.”

Center for Mental Health Services: H.R. 3010 provides $871.2 million in FY2006 for mental health services, a $29.8 million decrease below FY2005 and $34.2 million above the administration’s request. The Mental Health Performance Partnership is level-funded at $410.95 million as requested by President Bush.

Center for Substance Abuse Treatment: The measure provides $2.18 billion for substance abuse treatment programs in FY2006. This allocation is $10.3 million less than FY2005 and $35 million below the administration’s request. The total includes $10.5 million for treatment programs for pregnant, postpartum, and residential women and children, an increase of $580,000 over FY2005. The conference report states that “within these funds, no less than last year’s level shall be used for the residential treatment program for pregnant and postpartum women in FY2006.”

Agency for Healthcare Research and Quality (AHRQ): As requested by the administration, the bill provides level funding of $318.7 million for AHRQ in FY2006.

Centers for Medicare and Medicaid Services (CMS): The conference report notes that funds “are available for the Healthy Start, Grow Smart program under which the Centers for Medicare and Medicaid Services may, directly or through grants, contracts, or cooperative agreements, produce and distribute informational materials including, but not limited to, pamphlets and brochures on infant and toddler health care to expectant parents enrolled in the Medicaid program and to parents and guardians enrolled in [the] program with infants and children.”

Administration for Children and Families

Child Care and Development Block Grant (CCDBG): Under the bill, the CCDBG is level-funded at $2.08 billion in FY2006 as requested by President Bush. The total includes $99.2 million for activities that improve the quality of infant and toddler care.

Social Services Block Grant: As requested by the administration, the Social Services Block Grant also is level-funded at $1.7 billion in FY2006.

Child Support Enforcement: H.R. 3010 allocates $4.19 billion for payments to states for child support enforcement and family support programs. This amount is $119.35 million less than FY2005 and equal to the administration’s request.

International Trafficking: Under the Refugee and Entrant assistance account, a program to aid victims of trafficking is level-funded at $9.92 million in FY2006 as requested by the administration.

Unaccompanied Minors: The measure provides $78.1 million for the unaccompanied minors program, $24.1 million more than FY2005 and $51.1 million above the budget request. The conferees “direct the Secretary of Health and Human Services to issue a report…on progress made by the Office of Refugee Resettlement and programs funded under this Act to shift children to more child-centered, age-appropriate, small group, homelike environments for unaccompanied children in its custody.”

Children and Family Services Programs: Head Start is level-funded at $6.84 billion in FY2006. This amount is $50 million less than the administration’s request.

Consolidated runaway and homeless youth programs receive $88.7 million in FY2006, $4 million more than FY2005 and equal to the administration’s request. The bill does not include the administration’s request of $10 million for maternity group homes.

As requested by President Bush, H.R. 3010 provides level funding of $42.9 million in FY2006 for child abuse and neglect treatment and prevention activities.

Programs to increase abandoned infant assistance are level-funded at $12 million in FY2006 as requested by the administration.

The bill provides level funding of $289.65 million for child welfare services in FY2006, equal to the administration’s request.

Adoption: The measure provides level funding of $27.12 million for adoption opportunities and $12.8 million for adoption awareness programs as requested by the administration. In addition, $18 million is provided for adoption incentives, $13.85 million less than FY2005 and the budget request.

Mentoring Children of Prisoners: As requested by the administration, the Mentoring Children of Prisoners program receives $50 million in FY2006, $395,000 more than FY2005.

Promoting Safe and Stable Families: H.R. 3010 provides level funding of $305 million for the Promoting Safe and Stable Families program in FY2006, equal to the administration’s request.

Violence Against Women Act (VAWA): The National Domestic Violence Hotline receives $3 million in FY2006, $224,000 less than FY2005 and equal to the administration’s request. In addition, battered women’s shelters receive $126 million as requested by the administration. This amount is $361,000 more than FY2005.

Abstinence-only Education: The bill provides $114.5 million for the abstinence education program in FY2006, $15.3 million more than FY2005, but $23.6 million less than the administration’s request. The conference report states that “within the total for community-based abstinence education, up to $10 million may be used to carry out a national abstinence education campaign as proposed by both the House and Senate. The conferees concur with language included in the Senate report that the Administration for Children and Families use available funds to continue support for an independent group to conduct a thorough and rigorous evaluation of this campaign.”

The conference report does not include a provision in the Senate bill that would have prohibited funds from being used to “provide abstinence education that includes information that is medically inaccurate, which is defined by information that is unsupported or contradicted by peer-reviewed research by leading medical, psychological, psychiatric, and public health publications, organizations, and agencies.”

Administration on Aging: The Administration on Aging’s National Family Caregiver Support program receives $157.7 million in FY2006, $4.35 million less than FY2005 and the administration’s request.

Office of the Secretary

Public Health Service’s Office on Women’s Health: The Office on Women’s Health receives $28.72 million in FY2006, $103,000 less than FY2005 and equal to the administration’s request.

The conferees “recognize that gynecological cancers are treatable if diagnosed at an early stage, and are concerned about the low level of awareness among women concerning the early warning signs of gynecologic cancers. The conferees recognize that there are many activities undertaken by the Secretary to raise awareness about gynecologic cancers, but are concerned that a lack of coordination of these activities among the agencies may limit the effectiveness and outreach of these programs. The conferees encourage the Secretary to examine these programs, and coordinate activities through the Office [on] Women’s Health. The Secretary is also encouraged to consider developing a national education campaign.”

Public Health Service’s Office of Minority Health: The measure provides $57.24 million for the Office of Minority Health, $7.24 million above FY2005 and $10 million more than the budget request. The conferees “intend that, of the funding provided to the Office of Minority Health, no less than the FY2005 funding level be allocated to a culturally competent and linguistically appropriate public health response to the HIV/AIDS epidemic.”

Minority HIV/AIDS: As requested by President Bush, H.R. 3010 provides level funding of $52.42 million for minority HIV/AIDS prevention and treatment activities.

Adolescent Family Life: The Adolescent Family Life program receives $30.74 million in FY2006, $158,000 less than FY2005 and equal to the administration’s request.

Afghanistan: The bill provides level funding of $5.95 million in FY2006 to assist Afghanistan in the development of maternal and child health clinics. This amount is equal to the budget request.

Embryo Adoption Awareness Campaign: Under the bill, $2 million is provided for the embryo adoption awareness campaign, approximately $1 million more than FY2005 and the budget request.

Department of Education

No Child Left Behind: Grants to local educational agencies under the No Child Left Behind Act (P.L. 107-110) receive $12.84 billion in FY2006, $100 million more than FY2005, but $502.74 million less than the administration’s request.

William F. Goodling Even Start Family Literacy Program: H.R. 3010 provides $100 million for the Even Start program in FY2006, a $125.1 million decrease below the FY2005 level. Under the administration’s budget request, the program would not have been funded.

Reading First and Early Reading First: The measure level funds the Reading First program at $1.04 billion in FY2006 as requested by the administration. In addition, the Early Reading First program is level-funded at $104.2 million, also equal to the administration’s request.

The conferees “intend for funds available under the Reading First program to be used for reading programs with the strongest possible scientific evidence of effectiveness. The conferees strongly urge the Department to provide clear guidance to its technical assistance centers and the States to: fully consider scientific evidence of effectiveness in rating programs for use under Reading First; contemplate expanded lists of allowable programs that include innovative programs with scientific evidence of effectiveness; when awarding new grants, consider giving preference to those schools that select programs with strong, scientific evidence of effectiveness; and ensure that comprehensive reading programs that have scientific evidence of effectiveness will be implemented in full, as they have been researched, without modification to conform to other models of instruction.”

High School Intervention: No funding is provided for a proposed high school intervention initiative. The administration requested $1.24 billion for the program in FY2006.

Teacher Quality: Under the bill, level funding of $2.92 billion is provided for teacher professional development programs in FY2006 as requested by the administration. The bill provides level funding of $44.93 million for the Transition to Teaching program to assist eligible members of the armed forces and mid-career professionals to obtain certification as teachers. This amount is equal to the administration’s request. In addition, the Math and Science Partnerships are funded at $184 million in FY2006, a $5.4 million increase over FY2005, but $85 million less than the budget request.

Women’s Educational Equity: H.R. 3010 provides $2.96 million for the women’s educational equity program, a decrease of $20,000 below FY2005. Under the administration’s budget request, this program would not have been funded.

Carol M. White Physical Education for Progress Program: The bill includes level funding of $73.4 million for the Carol M. White Physical Education for Progress Program, $18.4 million above the budget request.

21st Century Community Learning Centers: As requested by the administration, H.R. 3010 provides level funding of $991.1 million in FY2006 for 21st Century Community Learning Centers.

Individuals with Disabilities Education Act (IDEA): Total spending for special education is $11.77 billion in FY2006, a $120 million increase over FY2005, but $330 million less than the administration’s request.

Education for Homeless Children and Youth: Under the bill, level funding of $62.5 million is provided for education for homeless children and youth, equal to the administration’s request.

Vocational Education: The measure provides $1.31 billion for vocational education in FY2006, $14.21 million less than FY2005. Under the administration’s budget request, the program would not have been funded. Adult Education: In FY2006, funding for adult education is level-funded at $585.41 million, a $369.67 million increase over the administration’s request.

Pell Grants: The bill provides $13.18 billion for Pell Grants in FY2006, $812 million more than FY2005, but $20 million below the budget request. The maximum Pell Grant is level-funded at $4,050, $100 less than the amount requested by President Bush.

Minority Science and Engineering Improvement: As requested by the administration, the Minority Science and Engineering Improvement Program is level-funded at $8.82 million in FY2006.

Child Care Access Means Parents in School (CCAMPIS): Funding for the CCAMPIS program is level-funded at $15.97 million as requested by the administration.

Office for Civil Rights: The measure provides $91.53 million in FY2006 for the Office for Civil Rights to enforce laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age in all programs and institutions funded by the Department of Education. This funding level is $2.15 million more than FY2005 and equal to the budget request.

Department of Defense

On December 19, the House approved, 308-106, the conference report for the FY2006 Department of Defense spending bill (H.R. 2863). The Senate approved the conference report, 93-0, on December 21 after striking a controversial provision that would have allowed drilling in the Arctic National Wildlife Refuge. The House concurred with the Senate amendment on December 22, sending the bill to the White House for President Bush’s signature.

H.R. 2863 allocates $403.5 billion for the Department of Defense in FY2006, a $12.3 billion increase over FY2005, but $4.5 billion less than the administration’s request. Of that amount, $50 billion is included to cover the projected costs of continuing operations in Iraq and Afghanistan.

Several women’s health research programs are funded under the bill: $127.5 million for the Army’s Peer-Reviewed Breast Cancer Research Program, $22.5 million less than FY2005; the Ovarian Cancer Research Program is level-funded at $10 million.

In FY2006, the measure provides level funding of $50 million for the Peer-Reviewed Medical Research Program. The conferees recommend a number of projects as candidates for study, including chronic pain and fatigue, fibromyalgia, Interstitial Cystitis Syndrome, lupus, osteoporosis and bone-related diseases, pulmonary hypertension, and autoimmune diseases such as scleroderma.

In addition, no less than $5.3 million “shall be available for HIV prevention educational activities undertaken in connection with U.S. military training, exercises, and humanitarian assistance activities conducted primarily in African nations.”

Finally, the bill provides level funding of $1 million for the Women in Military Service for America Memorial Foundation.