Expired and Expiring Authorizations of Appropriations

188 Pages·2017·1.61 MB·English

by  Congressional Budget Office

July 2018
Expired and Expiring
Authorizations of Appropriations:
Fiscal Year 2018, Revised
Appendix Material Sorted by
House Authorizing Committee
Notes
Numbers in the tables may not sum to totals because of rounding.
In separate versions of this report, the public laws in the appendixes are displayed in one
of three ways: by House authorizing committee, by Senate authorizing committee, and by
appropriations subcommittee. Each entry is listed once in each report, generally under the
primary committee to which the bill was referred.
www.cbo.gov/publication/54126
Contents
Overview 1
The Role of Authorizations 1
The Scope of This Report 2
Listings of Expired or Expiring Authorizations of Appropriations 2
Listings in Appendixes A and B 2
Listings in Appendix C 7
Authorizations of Appropriations That Are Set to Expire by the End of Fiscal Year 2019 8
Appendix A: Expired Authorizations of Appropriations With Identifiable
Fiscal Year 2018 Appropriations 11
Appendix B: Expired Authorizations of Appropriations With Unidentifiable
Fiscal Year 2018 Appropriations 77
Appendix C: Authorizations of Appropriations Expiring During Fiscal Year 2018 155
About This Document 184
Tables
1. Summary of Fiscal Year 2018 Appropriations With Expired
Authorizations, by House Authorizing Committee 3
2. Summary of Fiscal Year 2018 Appropriations With Expired
Authorizations, by Senate Authorizing Committee 4
3. Summary of Fiscal Year 2018 Appropriations With Expired
Authorizations, by Appropriations Subcommittee 5
4. Major Sources of Expired Authorizations of Appropriations With
Identifiable Appropriations in 2016 and 2018, by Public Law 6
5. Summary of Authorizations of Appropriations Expiring On or
Before September 30, 2018, by House Authorizing Committee 7
6. Summary of Authorizations of Appropriations Expiring On or
Before September 30, 2018, by Senate Authorizing Committee 8
7. Summary of Authorizations of Appropriations Expiring On or
Before September 30, 2018, by Appropriations Subcommittee 9

Expired and Expiring
Authorizations of Appropriations:
Fiscal Year 2018, Revised
Overview report contains information that is current through
Authorizations of appropriations are provisions of law that the March 23, 2018, enactment of the Consolidated
authorize funds to be provided through a future appro- Appropriations Act, 2018 (Public Law 115-141), which
priation law to carry out a program or function. They contained the 12 regular appropriation bills for fiscal
are different from appropriations, which provide funding year 2018.
once those authorizations are in place. Each year, the
Congressional Budget Office reports to the Congress on The Role of Authorizations
the following: The term authorization is used to describe two types of
laws. The first are enabling statutes (sometimes called
■ All programs and activities funded for the organic statutes), which create a federal agency, estab-
current fiscal year for which the authorizations of lish a federal program, prescribe a federal function, or
appropriations have expired, and provide for a particular federal obligation or expenditure
within a program. Such an authorization may allow a
■ All programs and activities for which the federal agency, program, or function to continue indefi-
authorizations of appropriations will expire during nitely or for a specific period. It may provide an agency
the current fiscal year. with the authority to obligate and spend federal funds in
the form of direct—or mandatory—spending, or it may
CBO most recently published the fiscal year 2018 ver- simply specify a purpose for which a subsequent appro-
sion of this report on January 12, 2018, as required priation may be made available.
by section 202(e)(3) of the Congressional Budget and
Impoundment Control Act of 1974.1 That analysis This report, however, focuses on the second type: autho-
was current through the end of the first session of the rizations of appropriations that authorize the appropria-
115th Congress, but at the time none of the 12 regular tion of funds (generally providing discretionary funding)
appropriation bills for fiscal year 2018 had been enacted. to carry out a program or function established in an
enabling statute. An authorization of appropriations
At the request of the Chairman of the Senate Committee constitutes guidance to the Congress about the funding
on the Budget, CBO has updated its analysis, and this that may be necessary to implement an enabling statute;
it may be contained in that enabling statute or provided
1. See Congressional Budget Office, Expired and Expiring separately. An authorization of appropriations may be
Authorizations of Appropriations (January 2018), www.cbo.gov/ annual, multiyear, or permanent. Such an authorization
publication/53444; and House Report 99-433 (December 10,
also may be definite or indefinite: It may authorize a
1985), p. 114, the conference report accompanying the Balanced
specific amount or “such sums as may be necessary.” In
Budget and Emergency Deficit Control Act of 1985, which
amended the Congressional Budget Act of 1974 to include either case, CBO refers to it as an explicit authorization.
the requirement for this report. The stated purpose of the
requirement is “to help Congress use the early months of the year House and Senate rules dating from the 19th century
to adopt authorizing legislation that must be in place before the
restrict the consideration of an appropriation if it lacks
regular appropriation bills can be considered.”
2 ExpirEd and Expiring authorizations of appropriations: fiscal YEar 2018, rEvisEd JulY 2018
an authorization of appropriations.2 Whether an appro- CBO produces three versions of this report—all contain
priation lacks authorization and whether it is in violation the same information but are organized differently. In
of a House or Senate rule are determined by the Speaker the separate versions, the public laws in the appendixes
of the House or the Presiding Officer of the Senate on are displayed in one of three ways: by House authoriz-
the basis of advice from the relevant chamber’s Office ing committee, by Senate authorizing committee, or by
of the Parliamentarian. Although this report is intended appropriations subcommittee. Each entry is listed once
to aid the Congress by identifying authorizations of in each report, generally under the primary committee to
appropriations that have already expired or will expire which the bill was referred.
this year, it is not and should not be considered definitive
with respect to the application of House or Senate rules. Listings of Expired or Expiring
Authorizations of Appropriations
The Scope of This Report This report covers programs funded through the annual
In general, House and Senate rules require the appropri- appropriation process that satisfy two conditions:
ations committees, in their reports on general appropri-
ation bills, to identify any programs that are funded in ■ At one time, the program had an explicit
the bills but lack an authorization—including programs authorization of appropriations, and
for which an explicit authorization of appropriations has
never been enacted. This CBO report, as specified by ■ That authorization of appropriations has expired or
law, is narrower in scope: It covers only programs that at will expire this year.
one time had an explicit authorization of appropriations
and only programs for which that authorization either The listings in the appendixes include the number and
has expired or is scheduled to expire in the current fiscal name of the public law with the most recent authoriza-
year. Many laws provide permanent authorizations of tion of appropriations, the last year in which the authori-
appropriations for certain programs. This report excludes zation was in effect, and the amount (definite or indefi-
those authorizations and programs, as do the reports of nite) of appropriations authorized in that year.
the appropriations committees.
CBO has identified 1,035 authorizations of appropri-
Even if an authorization of appropriations has expired, ations that expired before the beginning of fiscal year
this report does not identify whether an enabling statute 2018. Those authorizations appeared in 261 different
governing the relevant program or activity has expired. laws and, when most recently in effect, authorized
A permanent law may continue to set the policies and a combined annual total of $168 billion for certain
guidelines under which appropriations are obligated, agencies, programs, or functions. By CBO’s estimate,
but identifying whether such enabling statutes exist $318 billion has been appropriated for fiscal year 2018
and whether they may have expired is not the focus of for those agencies, programs, or functions (see Table 1,
the law that mandates this report. Indeed, it would be Table 2, and Table 3).
virtually impossible to identify all instances of expiring
authorities across all of the federal government’s pro- Listings in Appendixes A and B
grams and activities. The programs with expired explicit authorizations of
appropriations can be divided into two categories: The
The information in this report is drawn from CBO’s first group consists of 410 authorizations that have
Legislative Classification System (LCS), a database of received an identifiable appropriation for fiscal year
nonpermanent and explicit authorizations of appropri- 2018. The second group consists of 625 authorizations
ations. It includes information from previously enacted that may be receiving funding in fiscal year 2018 but for
public laws, up to and including the Consolidated which CBO cannot identify an explicit amount either in
Appropriations Act, 2018. the statutory text of fiscal year 2018 appropriation acts
or in the accompanying legislative history.
2. See clause 2(a)(1) of Rule XXI of the Rules of the House of
Representatives, H.R. Doc. 114-192 (2016), p. 868; and clause 1 Programs and activities listed in Appendix A have explicit
of Rule XVI of the Standing Rules of the Senate, S. Doc. 113-18
authorizations of appropriations that have expired and
(2013), p. 11.
JulY 2018 ExpirEd and Expiring authorizations of appropriations: fiscal YEar 2018, rEvisEd 3
Table 1 .
Summary of Fiscal Year 2018 Appropriations With Expired Authorizations, by House Authorizing Committee
Expired Authorizations Identifiable Appropriations
House Committee Number of Laws a of Appropriations b (Millions of dollars) c
Agriculture 1 1 249
Education and the Workforce 22 113 20,282
Energy and Commerce 49 289 14,874
Financial Services 21 46 69,188
Foreign Affairs 29 101 39,860
Homeland Security 5 24 5,386
House Administration 3 3 84
Judiciary 34 130 34,361
Natural Resources 60 144 3,609
Oversight and Government Reform 9 18 448
Science, Space, and Technology 17 60 38,186
Select Committee on Intelligence 1 8 1,052
Small Business 3 8 2,222
Transportation and Infrastructure 26 66 15,711
Veterans' Affairs 12 17 72,544
Ways and Means 5 7 201
Total 261 1,035 318,256
Source: Congressional Budget Office.
This table shows only the committees that have jurisdiction over expired authorizations of appropriations in CBO’s Legislative Classification System;
therefore, not all House committees are included.
a. Includes laws containing expired authorizations of appropriations for definite or indefinite amounts. The total is less than the sum of the entries
because laws containing authorizations of appropriations that are under the jurisdiction of more than one House authorizing committee are counted
only once.
b. Number of explicit authorizations of appropriations within the jurisdiction of each House authorizing committee that expired on or before
September 30, 2017.
c. Identifiable amounts specified in statute, a conference report, or other legislative history.
have received an identifiable appropriation in fiscal year 350 programs and activities with expired authorizations
2018. To identify those appropriations, CBO compared of appropriations from about 160 laws.3
the authorizations of appropriations cataloged in its LCS
with the relevant statutory text and associated legislative Appendix B lists other programs and activities for which
history—in particular, the explanatory statement refer- the explicit authorization of appropriations has expired.
enced in section 4 of the Consolidated Appropriations In each case, CBO believes the program may be receiv-
Act, 2018. CBO identified fiscal year 2018 appro- ing funding in fiscal year 2018, but it cannot identify
priations for 410 programs or activities with expired an explicit amount in the statutory text of fiscal year
authorizations of appropriations from about 170 laws 2018 appropriation acts or their accompanying legisla-
that have not otherwise been updated or overtaken by tive history. If an authorization of appropriations is listed
subsequent legislation. Funding for those programs and in Appendix B, CBO does not have a compelling reason
activities totals $318 billion in fiscal year 2018. The
last time appropriations were enacted in time for CBO
to undertake a comparable analysis was in 2016, when 3. Another 100 laws included expired authorizations of
appropriations for which CBO could not identify appropriations
the agency identified $310 billion in funding for about
in 2016. See Congressional Budget Office, Unauthorized
Appropriations and Expiring Authorizations (January 2016),
www.cbo.gov/publication/51131.
4 ExpirEd and Expiring authorizations of appropriations: fiscal YEar 2018, rEvisEd JulY 2018
Table 2 .
Summary of Fiscal Year 2018 Appropriations With Expired Authorizations, by
Senate Authorizing Committee
Expired Authorizations Identifiable Appropriations
Senate Committee Number of Laws a of Appropriations b (Millions of dollars) c
Agriculture, Nutrition, and Forestry 4 15 365
Banking, Housing, and Urban Affairs * 21 43 68,581
Commerce, Science, and Transportation 43 144 45,098
Energy and Natural Resources 21 154 14,951
Environment and Public Works 43 82 5,848
Finance 4 5 171
Foreign Relations 28 100 39,860
Health, Education, Labor, and Pensions 41 246 25,173
Homeland Security and Governmental Affairs 17 40 6,775
Indian Affairs 15 40 897
Judiciary 35 130 34,637
Select Committee on Intelligence 1 8 1,052
Senate Rules and Administration 3 3 84
Small Business and Entrepreneurship 3 8 2,222
Veterans' Affairs 12 17 72,544
Total 261 1,035 318,256
Source: Congressional Budget Office.
This table shows only the committees that have jurisdiction over expired authorizations of appropriations in CBO’s Legislative Classification System;
therefore, not all Senate committees are included.
a. Includes laws containing expired authorizations of appropriations for definite or indefinite amounts. The total is less than the sum of the entries
because laws containing authorizations of appropriations that are under the jurisdiction of more than one Senate authorizing committee are counted
only once.
b. Number of explicit authorizations of appropriations within the jurisdiction of each Senate authorizing committee that expired on or before
September 30, 2017.
c. Identifiable amounts specified in statute, a conference report, or other legislative history.
to believe that it has been permanently canceled or over- ■ The amount of identifiable funding for programs
taken by other authorizations of appropriations. CBO with expired authorizations of appropriations has
has identified 625 such provisions that expired before increased slightly—from $310 billion in 2016 to
the beginning of fiscal year 2018 that, in the final year in $318 billion in 2018.
which they were in effect, authorized total appropriations
of almost $24 billion. In CBO’s January 2016 report, ■ Most identifiable funding in 2018 for such programs
which listed provisions that had expired before the and activities is for the same large authorizations
beginning of fiscal year 2016, the agency identified about of appropriations that expired before 2016 and
600 such expired authorizations of appropriations, which that have not been reauthorized. In 2016, CBO
in the aggregate authorized $19 billion in appropriations identified $267 billion (or 86 percent) of the
in the final year in which they were in effect. $310 billion total as being appropriated for expired
authorizations of appropriations from just 15 laws. In
CBO identified several points of comparison between 2018, CBO identified $272 billion (or 85 percent)
its 2016 and 2018 analyses of programs and activities of the $318 billion total as being appropriated for
for which authorizations of appropriations previously expired authorizations of appropriations from 12 of
expired: those same 15 laws and 2 related laws (see Table 4).
[* Corrected on July 31, 2018]
JulY 2018 ExpirEd and Expiring authorizations of appropriations: fiscal YEar 2018, rEvisEd 5
Table 3 .
Summary of Fiscal Year 2018 Appropriations With Expired Authorizations, by
Appropriations Subcommittee
Expired Authorizations Identifiable Appropriations
Appropriations Subcommittee Number of Laws a Appropriations b (Millions of dollars) c
Agriculture, Rural Development, FDA, and Related Agencies 5 16 426
Commerce, Justice, Science, and Related Agencies 62 207 64,775
Defense 1 3 1,052
Energy and Water Development and Related Agencies 18 145 10,519
Financial Services and General Government 27 45 5,345
Homeland Security 19 53 18,935
Interior, Environment, and Related Agencies 65 126 6,550
Labor, HHS, Education, and Related Agencies 50 251 30,802
Legislative Branch 1 1 1
Military Construction, Veterans Affairs, and Related Agencies 12 17 72,544
State, Foreign Operations, and Related Programs 31 101 39,849
Transportation, HUD, and Related Agencies 28 70 67,459
Total 261 1,035 318,256
Source: Congressional Budget Office.
FDA = Food and Drug Administration; HHS = Health and Human Services; HUD = Housing and Urban Development.
a. Includes laws containing expired authorizations of appropriations for definite or indefinite amounts. The total is less than the sum of the entries
because laws containing authorizations of appropriations that are under the jurisdiction of more than one appropriations subcommittee are counted
only once.
b. Number of explicit authorizations of appropriations within the jurisdiction of each appropriations subcommittee that expired on or before
September 30, 2017.
c. Identifiable amounts specified in statute, a conference report, or other legislative history.
The relevant authorizations of appropriations in Development Block Grants—for which the
one of those laws (an act to amend title IV of the authorization of appropriations of $4 billion had
Public Health Service Act to revise and extend the expired at the end of fiscal year 1994—as part of the
authorities of the National Institutes of Health, and Further Additional Supplemental Appropriations
for other purposes, P.L. 109-482) were renewed by for Disaster Relief Requirements Act, 2018
the 21st Century Cures Act (P.L. 114-255).4 (subdivision 1 of division B of the Bipartisan Budget
Act of 2018, P.L. 115-123). Excluding supplemental
■ Supplemental appropriations provided in response appropriations, comparable funding for the program
to hurricanes that affected the United States (about $3 billion) was enacted in 2016 and again
in August 2017 contributed to the increase in in 2018.
funding for programs with expired authorizations
of appropriations. Lawmakers provided $28 billion ■ Appropriations for the National Institutes of
in supplemental appropriations for Community Health (NIH) were reauthorized, thus reducing a
large ($31 billion in 2016) and recurring source of
appropriations without authorizations. In 2016,
4. The other two laws contained authorizations of appropriations lawmakers enacted the 21st Century Cures Act,
for programs and activities of the National Aeronautics and Space
which reauthorized appropriations for NIH through
Administration (NASA) and the Coast Guard. Appropriations
2020.
for the Coast Guard and NASA were reauthorized (in 2016 and
2017, respectively), but lapsed again; they are the source of $31
billion (or 10 percent) of the funding that CBO identified in
fiscal year 2018 with expired authorizations of appropriations.
6 ExpirEd and Expiring authorizations of appropriations: fiscal YEar 2018, rEvisEd JulY 2018
Table 4 .
Major Sources of Expired Authorizations of Appropriations With Identifiable Appropriations in
2016 and 2018, by Public Law
Millions of dollars
Identifiable
Appropriations
Public Law Title 2016 2018
104-262 Veterans' Health Care Eligibility Reform Act of 1996 61,136 72,098
102-550 Housing and Community Development Act of 1992 4,605 33,396
109-162 Violence Against Women and Department of Justice Reauthorization Act of 2005 27,071 30,618
105-276 Quality Housing and Work Responsibility Act of 1998 26,029 29,315
107-228 Foreign Relations Authorization Act, Fiscal Year 2003 26,346 25,092
115-10 a National Aeronautics and Space Administration Transition Authorization Act of 2017 n.a. 20,817
111-358 America COMPETES Reauthorization Act of 2010 14,109 14,873
114-120 a Coast Guard Authorization Act of 2015 n.a. 10,259
110-134 An act to reauthorize Head Start, to improve program quality, to expand access, and for other purposes * 9,168 9,863
99-83 International Security and Development Cooperation Act of 1985 18,317 7,948
109-58 Energy Policy Act of 2005 5,012 5,720
110-53 Implementing Recommendations of the 9/11 Commission Act of 2007 6,415 5,386
110-315 Higher Education Opportunity Act 4,915 5,128
102-567 National Oceanic and Atmospheric Administration Authorization Act of 1992 4,322 1,281
109-482 a An act to amend title IV of the Public Health Service Act to revise and extend the authorities of the National
Institutes of Health, and for other purposes 31,304 n.a.
111-267 a National Aeronautics and Space Administration Authorization Act of 2010 18,598 n.a.
113-281 a Howard Coble Coast Guard and Maritime Transportation Act of 2014 9,174 n.a.
Subtotal (Millions of dollars) 266,523 271,794
Subtotal (Percentage of total identifiable appropriations) 86 85
All Other Laws With Identifiable Appropriations 43,842 46,462
Total 310,365 318,256
Source: Congressional Budget Office.
This table shows major statutory sources of expired authorizations of appropriations for which CBO was able to identify appropriations in 2016 and
2018.
n.a. = not applicable.
a. Public Laws 115-10 and 114-120 were enacted after CBO published its January 2016 report Unauthorized and Expiring Authorizations of
Appropriations. Both of those laws reauthorized appropriations for purposes similar to those of P.L. 111-267 and 113-281, respectively, but most
of those reauthorizations have expired. P.L. 109-482, 111-267, and 113-281 contained authorizations of appropriations that expired before fiscal
year 2016. Those authorizations of appropriations were renewed by subsequent legislation.
[* Corrected on July 31, 2018]