Appropriations Version - Congressional Budget Office

137 Pages·2014·0.38 MB·English

by  Congressional Budget Office

FEBRUARY 21, 2014
Unauthorized Appropriations and Expiring
Authorizations
(In This Version, Appendix Material Is Sorted by
Appropriations Subcommittee)
CONGRESS OF THE UNITED STATES
Notes
Numbers in the tables may not add up to totals because of rounding.
In separate versions of this report, the public laws in the appendixes are displayed in three
ways—by House authorizing committee, by Senate authorizing committee, and by
appropriations subcommittee. Each entry is listed only once, generally under the primary
committee to which the bill was referred.
Questions about the report should be directed to Janet Airis at [phone].
CBO Pub. No. 4895
Contents
Overview 1
The Role of Authorizations 1
Listing of Unauthorized Appropriations and ExpiringAuthorizations 2
Programs Funded in Fiscal Year 2014 With Expired Authorizations of Appropriations 2
Authorizations of Appropriations ThatExpire on or Before September30, 2014 3
About This Document 10
Appendix A: List of Programs Funded in Fiscal Year 2014 With Expired
Authorizations of Appropriations
Appendix B: List of Authorizations of Appropriations Expiring During Fiscal Year 2014
Tables
1. Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
HouseAuthorizing Committee 4
2. Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
SenateAuthorizing Committee 5
3. Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
AppropriationsSubcommittee 6
4. Summary of Authorizations of Appropriations Expiring on or Before
September 30, 2014, by House Authorizing Committee 7
5. Summary of Authorizations of Appropriations Expiring on or Before
September 30, 2014, by Senate Authorizing Committee 8
6. Summary of Authorizations of Appropriations Expiring on or Before
September 30, 2014, by Appropriations Subcommittee 9
CBO

Unauthorized Appropriations and
Expiring Authorizations
Overview The Role of Authorizations
Each year, the Congressional Budget Office (CBO) The term “authorization” is used to describe two types of
reports to the Congress on the following: laws. One is an “organic,” or “enabling,” statute, which
creates a federal agency, establishes a federal program,
 All programs and activities funded for the current prescribes a federal function, or provides for a particular
fiscal year for which authorizations of appropriations federal obligation or expenditure within a program. That
type of authorization may allow a federal agency, pro-
have expired, and
gram, or function to continue indefinitely or only for a
 All programs and activities for which authorizations of specific period. Such an authorization may provide an
agency with the authority to obligate and spend federal
appropriations will expire during the current fiscal
funds in the form of direct, or mandatory, spending, or it
year.
may simply specify a purpose for which a subsequent
appropriation may be made available.
The requirement for that report is specified in section
202(e)(3) of the Congressional Budget and Impound-
This report focuses on the second type of law described
ment Control Act of 1974 (Congressional Budget Act).1 by the term “authorization”: a specific provision that
That section also specifies that the report be completed authorizes the appropriation of funds (generally provid-
on or before January 15. In 2014, however, full-year ing for what is known as discretionary spending) to
appropriations were not enacted until mid-January. carryout the program or function established in the
enabling statute. Such a provision constitutes guidance
Inorder to make this year’s report complete and up-to-
tothe Congress regarding the amount of funding that
date, and thus as useful to the Congress as possible,
may be necessary to implement the enabling statute. An
andafter consulting with the House and Senate budget
authorization of appropriations may be contained in
committees, CBO delayed the issuance of this report
anenabling statute or provided separately. Such an autho-
until mid-February.2 rization may set a specific dollar amount (a definite
authorization) or allow the appropriation of “such sums
1. See H. Rept. 99-433, at 114 (1985), the conference report as may be necessary” (an indefinite authorization), and it
accompanying the Balanced Budget and Emergency Deficit may be annual, multiyear, or permanent.
Control Act of 1985, which amended the Congressional Budget
Act to include the requirement for this report. The stated purpose House and Senate rules—dating from the 19th cen-
of the requirement is “to help Congress use the early months of
tury—contain restrictions on the consideration of
the year to adopt authorizing legislation that must be in place
appropriations that are unauthorized, although the
before the regular appropriation bills can be considered.”
rulesand their application are different.3 Whether an
2. See Congressional Budget Office, letter to the Honorable Patty
Murray, Chairman, Senate Committee on the Budget, regarding
the CBO’s schedule to issue the unauthorized appropriations and 3. See Rule XXI of the House Rules and Manual, H. Doc. 110-162,
expiring authorizations report (January 14, 2014), www.cbo.gov/ at 836-891; and Rule XVI of the Standing Rules of the Senate,
publication/45018. S.Doc. 110-9, at 11-12.
CBO
2 UNAUTHORIZED APPROPRIATIONS AND EXPIRING AUTHORIZATIONS FEBRUARY 2014
appropriation is unauthorized and whether it is a The information in this report is drawn from CBO’s
violation of a House or Senate rule are determined by Legislative Classification System, a database containing
theSpeaker of the House or the Presiding Officer of all public laws that include nonpermanent authorizations
theSenate, respectively, on the basis of advice from the of appropriations—up to and including laws enacted
respective House’s Office of the Parliamentarian. asof the beginning of February 2014.
Although this report is intended to aid the Congress by
identifying those authorizations of appropriations that Programs Funded in Fiscal Year 2014
have already expired or will expire this year, it is not and
With Expired Authorizations of
should not be considered definitive with respect to the
Appropriations
application of House or Senate rules.
AppendixA lists programs and activities funded by an
appropriation for fiscal year 2014 whose authorization
Listing of Unauthorized
has expired. If the applicable 2014 appropriation law
Appropriations and orits legislative history provides an explicit amount of
funding for a program, that amount is shown under
Expiring Authorizations
“Unauthorized 2014 Appropriations” in Appendix A.
This report covers all programs funded through the
Ifno amount is provided (as in the case of a program
annual appropriation process that at one time had
oractivity that is funded at an unspecified level in an
anexplicit authorization of appropriations that has
appropriation account), CBO determined whether the
expired(see AppendixA) or that will expire this year (see
program or activity is still being funded, and if so, how
AppendixB). For the purposes of this report, an appro-
much is allocated for it. If that amount cannot be identi-
priation is considered unauthorized when it is made
fied, the listing notes that the specific dollar amount of
available foraprogram after that program’s authorization the unauthorized 2014 appropriation is “not available.”
of appropriations has expired. This report does not
address appropriations that have never been authorized. Lawmakers appropriated about $302 billion for fiscal
year 2014 for programs and activities whose authoriza-
Each listing includes the number and name of the public tions of appropriations have expired (see Tables 1, 2, and
law containing the last authorization, the last year in 3). In 2012, the most recent year for which appropria-
which the authorization was in effect, and the amount tions information was provided in this annual CBO
(definite or indefinite) authorized in that year. In separate report, about $261 billion was appropriated for such
versions of this report, the listings of public laws in the programs. The 2014 amount is higher primarily because
appendixes are displayed in three ways—by House autho- of recently expired authorizations, including those in the
rizing committee, by Senate authorizing committee, and National Aeronautics and Space Administration Authori-
zation Act of 2010 (with appropriations of $18 billion in
by appropriations subcommittee. Each entry is listed only
2014), the America COMPETES Act ($12 billion), and
once, generally under the primary committee to which
the act to reauthorize Head Start ($9 billion).
the bill was referred.
In contrast, some programs that were unauthorized
In general, House and Senate rules require the appro-
in2012 have since been authorized. For example,
priations committees, in their reports on general
lawmakers enacted the Coast Guard and Maritime
appropriation bills, to identify any programs that are
Transportation Act, 2012, which authorized Coast
funded in the bills but lack an authorization—including
Guardappropriations through 2014, and the Agricultural
programs for which an explicit authorization of appropri-
Act of2014, which authorized appropriations for the
ations has never been enacted. This CBO report, as spec-
Department of Agriculture through 2018.
ified by law, is narrower in scope: It covers only programs
that at one time had an explicit authorization that either
Several large agencies or programs have expired authori-
has expired or is scheduled to expire this year. Many zations, including the National Institutes of Health (with
lawsestablish programs with an authorization of appro- appropriations of $30 billion for 2014), the National
priations that does not expire. The reports of the Oceanic and Atmospheric Administration (with appro-
appropriations committees as well as this report exclude priations of $4.5 billion for 2014), and the Community
programs with that type of permanent authorization. Development Block Grant program (with appropriations
CBO
FEBRUARY 2014 UNAUTHORIZED APPROPRIATIONS AND EXPIRING AUTHORIZATIONS 3
of $3.1 billion for 2014). Some other large appropria- (P.L.113-66). Typically, authorizations for defense
tions with expired authorizations are those for programs funding are renewed annually.
authorized in the Violence Against Women and Depart-
ment of Justice Reauthorization Act of 2005 (Public Law In contrast, the annual authorization for intelligence
109-162, $26 billion), the Quality Housing and Work activities has not yet been enacted. In the interim, law-
Responsibility Act of 1998 (P.L. 105-276, $25 billion), makers have included provisions in the Consolidated
the Foreign Relations Authorization Act, Fiscal Year 2003 Appropriations Act, 2014 (P.L. 113-76), that deem the
(P.L. 107-228, $25 billion), and the No Child Left appropriations for those activities specifically authorized
Behind Act of 2001 (P.L. 107-110, $22 billion). for 2014.
Someof the other definite authorizations for programs
Authorizations of Appropriations
that areexpiring at the end of 2014 are those in the
That Expire on or Before
Moving Ahead for Progress in the 21st Century Act
September 30, 2014 ($53billion) and the Coast Guard and Maritime
For certain programs and activities, the authorization of Transportation Act of 2012 ($8.7 billion).
appropriations will expire by the end of fiscal year 2014.
Many authorizations of appropriations in the Patient
(Appendix B shows the amount authorized to be appro-
priated in 2014 for those programs and activities, not the Protection and Affordable Care Act (P.L.111-148) are
amounts actually appropriated for that year.) also expiring in 2014. Authorizations in that act are
definite (totaling about $800 million for 2014) and
Definite, or specified, authorizations that will expire indefinite (amounts are not specified in the legislation).
bythe end of this fiscal year total about $693 billion Similarly, almost all of the provisions in the Higher
(seeTables 4, 5, and 6). Most of that amount, about Education Opportunity Act (P.L. 110-315), which has
$625billion, is authorized in a single law, the National definite authorizations of about $750 million as well as
Defense Authorization Act for Fiscal Year 2014 indefinite authorizations, will expire in 2014.
CBO
4 UNAUTHORIZED APPROPRIATIONS AND EXPIRING AUTHORIZATIONS FEBRUARY 2014
Table 1.
Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
House Authorizing Committee
Amounts Appropriated
House Committee Number of Lawsa (Millions of dollars)b
Agriculture 7 2
Education and the Workforce 25 46,505
Energy and Commerce 58 46,747
Financial Services 19 32,801
Foreign Affairs 21 48,753
Homeland Security 6 566
House Administration 4 77
Judiciary 33 28,556
Natural Resources 61 3,056
Oversight and Government Reform 10 166
Science, Space, and Technology 15 33,472
Small Business 3 912
Transportation and Infrastructure 30 5,198
Veterans' Affairs 13 54,587
Ways and Means 3 174
____ ________
Total 270 301,571
Source: Congressional Budget Office.
Note: This table shows only those committees that have jurisdiction over authorizations expiring in 2014; therefore, not all House
committees are included.
a. This column includes laws with expiring authorizations of appropriations for definite or indefinite amounts. The total is less than the sum
of the entries because public laws containing authorizations that are under the jurisdiction of more than one committee are counted only
once in the total.
b. Amounts specified in statute, conference report, or other legislative history.
CBO
FEBRUARY 2014 UNAUTHORIZED APPROPRIATIONS AND EXPIRING AUTHORIZATIONS 5
Table 2.
Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
Senate Authorizing Committee
Amounts Appropriated
Senate Committee Number of Lawsa (Millions of dollars)b
Agriculture, Nutrition, and Forestry 7 5
Banking, Housing, and Urban Affairs 18 32,822
Commerce, Science, and Transportation 41 34,150
Energy and Natural Resources 32 11,958
Environment and Public Works 44 5,120
Finance 3 136
Foreign Relations 20 48,753
Health, Education, Labor, and Pensions 49 83,592
Homeland Security and Government Affairs 15 725
Human Resources 2 0
Indian Affairs 15 146
Judiciary 34 28,588
Rules and Administration 4 77
Small Business and Entrepreneurship 3 912
Veterans' Affairs 13 54,587
____ ________
Total 270 301,571
Source: Congressional Budget Office.
Note: This table shows only those committees that have jurisdiction over authorizations expiring in 2014; therefore, not all Senate
committees are included.
a. This column includes laws with expiring authorizations of appropriations for definite or indefinite amounts. The total is less than the sum
of the entries because public laws containing authorizations that are under the jurisdiction of more than one committee are counted only
once in the total.
b. Amounts specified in statute, conference report, or other legislative history.
CBO
6 UNAUTHORIZED APPROPRIATIONS AND EXPIRING AUTHORIZATIONS FEBRUARY 2014
Table 3.
Summary of Fiscal Year 2014 Appropriations With Expired Authorizations, by
Appropriations Subcommittee
Amounts Appropriated
Appropriations Subcommittee Number of Lawsa (Millions of dollars)b
Agriculture, Rural Development, FDA, and Related Agencies 6 65
Commerce, Justice, Science, and Related Agencies 60 57,011
Defense 1 0
Energy and Water Development 19 7,110
Financial Services and General Government 24 2,235
Homeland Security 17 2,505
Interior, Environment, and Related Agencies 75 6,390
Labor, HHS, Education, and Related Agencies 59 88,777
Legislative Branch 2 2
Military Construction and Veterans' Affairs 12 54,587
State, Foreign Operations 23 48,742
Transportation, HUD 25 34,147
____ ________
Total 270 301,571
Source: Congressional Budget Office.
Note: FDA = Food and Drug Administration; HHS = Health and Human Services; HUD = Housing and Urban Development.
a. This column includes laws with expiring authorizations of appropriations for definite or indefinite amounts. The total is less than the sum
of the entries because public laws containing authorizations that are under the jurisdiction of more than one subcommittee are counted
only once in the total.
b. Amounts specified in statute, conference report, or other legislative history.
CBO