JANUARY 13, 2017 Expired and Expiring Authorizations of Appropriations (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 appropria- tions 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 Adam Wilson at (202) 226-2850. CBO www.cbo.gov/publication/52368 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 Appendix A 2 Listings in Appendix B 3 Listings in Appendix C 3 Authorizations of Appropriations That Are Set to Expire by the End of Fiscal Year 2018 4 About This Document 6 Appendix A: Appropriations With Expired Authorizations of Appropriations Appendix B: Expired Authorizations of Appropriations With Unidentifiable Fiscal Year 2017 Appropriations Appendix C: Authorizations of Appropriations Expiring During Fiscal Year 2017 Tables 1. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by House Authorizing Committee 3 2. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by Senate Authorizing Committee 4 3. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by Appropriations Subcommittee 5 CBO Expired and Expiring Authorizations of Appropriations Overview provide an agency with the authority to obligate and Authorizations of appropriations are provisions that autho- spend federal funds in the form of direct, or mandatory, rize funds to be provided through a future appropriation spending, or it may simply specify a purpose for which a law to carry out a program or function. They are different subsequent appropriation may be made available. from appropriations, which separately provide funding once those authorizations are in place. Each year, the This report focuses on the second type of law described Congressional Budget Office reports to the Congress on by the term “authorization”: an authorization of appro- the following: priations. Such a provision authorizes the appropriation of funds (generally providing discretionary spending) to B All programs and activities funded for the current carry out the program or function established in the fiscal year whose authorizations of appropriations have organic statute. An authorization of appropriations con- expired, and stitutes guidance to the Congress regarding the amount of funding that may be necessary to implement the B All programs and activities whose authorizations of organic statute; it may be contained in the organic stat- appropriations will expire during the current fiscal ute, or it may be provided separately. Furthermore, an year. authorization of appropriations may be annual, multi- year, or permanent. The requirement for the report is specified in section 202(e)(3) of the Congressional Budget Act of 1974.1 An authorization of appropriations may be definite or indefinite; that is, it may set a specific dollar amount, or it may authorize “such sums as may be necessary.” In The Role of Authorizations either case, CBO refers to it as an explicit authorization. The term “authorization” is used to describe two types of laws. The first type consists of organic (or enabling) House and Senate rules dating from the 19th century statutes, which create a federal agency, establish a federal restrict the consideration of an appropriation if it lacks an program, prescribe a federal function, or provide for a authorization of appropriations.2 Whether an appropria- particular federal obligation or expenditure within a pro- tion lacks authorization and whether it is a violation of a gram. That type of authorization may allow a federal House or Senate rule are determined by the Speaker of agency, program, or function to continue indefinitely the House or the Presiding Officer of the Senate, on the or only for a specific period. Such an authorization may basis of advice from the relevant House’s Office of the Parliamentarian. Although this report is intended to aid 1. See House Report 99-433 (December 10, 1985), p. 114, the the Congress by identifying authorizations of appropria- conference report accompanying the Balanced Budget and tions that have already expired or will expire this year, it is Emergency Deficit Control Act of 1985, which amended the Congressional Budget Act of 1974 to include the requirement for this report. The stated purpose of the requirement is “to help Congress use the early months of the year to adopt authorizing 2. See Rule XXI of the Rules of the House of Representatives, legislation that must be in place before the regular appropriation H.R.Doc. 113-181 (2014), pp. 855–913; and Rule XVI of the bills can be considered.” Standing Rules of the Senate, S. Doc. 113-18 (2013), pp. 11–12. CBO 2 EXPIRED AND EXPIRING AUTHORIZATIONS OF APPROPRIATIONS JANUARY 2017 not and should not be considered definitive with respect Each listing in the report’s appendixes includes the num- to the application of House or Senate rules. ber and name of the public law containing the most recent authorization of appropriations, the last year in which the authorization was in effect, and the amount The Scope of This Report (definite or indefinite) of appropriations authorized in In general, House and Senate rules require the appropria- that year. In separate versions of this report, the listings tions committees, in their reports on general appropria- of public laws in the appendixes are displayed in three tion bills, to identify any programs that are funded in the ways—by House authorizing committee, by Senate bills but lack an authorization—including programs for authorizing committee, and by appropriations sub- which an explicit authorization of appropriations has committee. Each entry is listed only once, generally never been enacted. This CBO report, as specified by law, under the primary committee to which the bill was is narrower in scope: It covers only programs that at one referred. time had an explicit authorization of appropriations, and only programs whose authorization of appropriations Listings in Appendix A either has expired or is scheduled to expire this year. In Appendix A lists two programs and activities whose addition, many laws establish programs that have a per- explicit authorization of appropriations has expired and manent authorization of appropriations—that is, one that have received an identifiable appropriation in fiscal that does not expire. This report excludes those programs year 2017. As of the publication of this report, only one (as do the reports of the appropriations committees). regular appropriation act—the Military Construction, Veterans Affairs, and Related Agencies Appropriations In addition, even if an authorization of appropriations Act, 2017 (Public Law 114-223, Division A)—has been has expired, this report does not identify whether the signed into law for fiscal year 2017, while other programs organic statute governing a program or activity has and activities are operating under a temporary continuing expired. A permanent law may continue to set the poli- resolution (P.L. 114-254, Division A) currently set to cies and guidelines under which appropriations are obli- expire on April 28, 2017. Because the Congress’s final gated, but identifying whether such enabling statutes funding decisions for fiscal year 2017 have not yet been exist and whether they may have expired is not the focus made for programs funded through the continuing reso- of the law that mandates this report. Indeed, to identify lution, Appendix A displays identifiable appropriations such cases among all of the federal government’s pro- for only the Military Construction, Veterans Affairs, and grams and activities would be virtually impossible. Related Agencies subcommittee.3 The information in this report is drawn from CBO’s Listings in Appendix B Legislative Classification System, a database containing all public laws with nonpermanent authorizations of Appropriations for some programs cannot be easily iden- appropriations—up to and including all laws enacted tified, however. Appendix B lists programs and activities during the second session of the 114th Congress. whose explicit authorization of appropriations has expired and that CBO believes may have received an appropria- tion in fiscal year 2017, even though the amount of that Listings of Expired or Expiring appropriation cannot be separately identified. That situa- Authorizations of Appropriations tion occurs either because the program’s funding is part of This report covers all programs funded through the a larger appropriation account or because full-year appro- annual appropriation process that satisfy the following priations for the current year have not yet been enacted two conditions: 3. The identifiable funding levels for fiscal year 2016 for programs B At one time, the program had an explicit authoriza- and activities normally encompassed by all 12 regular tion of appropriations, and appropriation bills were available in last year’s version of this report. See Congressional Budget Office, Unauthorized B That authorization of appropriations has expired or Appropriations and Expiring Authorizations (January 2016), will expire this year. www.cbo.gov/publication/51131. CBO JANUARY 2017 EXPIRED AND EXPIRING AUTHORIZATIONS OF APPROPRIATIONS 3 Table 1. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by Table 1. House Authorizing Committee Authorizations of Appropriations Authorized House Committee Number of Lawsa Appropriationsb (Millions of dollars)c Armed Services 1 6 611,532 Education and the Workforce 3 5 4,928 Energy and Commerce 5 14 4,216 Foreign Affairs 4 10 270 Homeland Security 1 2 11 Judiciary 2 6 44 Natural Resources 2 2 4 Science, Space, and Technology 1 4 21 Transportation and Infrastructure 4 14 25,990 Veterans' Affairs __2_ _1_0_ _____1,_6_5_3_ Total 21 73 648,669 Source: Congressional Budget Office. This table shows only the committees that have jurisdiction over authorizations of appropriations expiring in 2017; 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 of appropriations that are under the jurisdiction of more than one House committee are counted only once in the total. b. Number of explicit authorizations of appropriations within the jurisdiction of each House committee that expire on or before September 30, 2017. c. Amounts specified in statute, a conference report, or other legislative history. for the relevant appropriations subcommittee. If a pro- More than 70 authorizations of appropriations totaling gram is listed in the appendix, CBO does not have com- about $649 billion in fiscal year 2017 will expire by pelling reason to believe that it has been permanently September 30, 2017 (see Tables 1, 2, and 3). Most of that canceled or overtaken by other authorizations. funding—about $612 billion—is from six authorizations of appropriations in a single law, the National Defense The appendix shows all expired authorizations of appro- Authorization Act for Fiscal Year 2017 (P.L. 114-328). priations for programs and activities normally covered by Typically, authorizations for defense funding are renewed the other 11 appropriation acts, as well as those with annually. The next largest source of expiring authoriza- unidentifiable appropriations in the Military Construc- tions of appropriations in dollar terms is the FAA Exten- tion, Veterans Affairs, and Related Agencies Appropria- sion, Safety, and Security Act of 2016 (P.L. 114-190), tions Act, 2017. For programs encompassed by that act, with six authorizations of appropriations (which total most of the unidentified amounts are probably small, and over $16 billion) expiring by September 30, 2017. The some of them may be part of appropriations that are law containing the largest number of authorizations of listed elsewhere in this report. appropriations expiring this year is the Violence Against Women Reauthorization Act of 2013 (P.L. 113-4), which Listings in Appendix C contains 17 individual authorizations totaling almost Finally, Appendix C identifies authorizations of appropri- $119 million. ations that will expire at or before the end of fiscal year 2017. It shows the amounts authorized to be appropri- Authorizations of Appropriations That Are ated in 2017 for those programs and activities, not the Set to Expire by the End of Fiscal Year 2018 amounts actually appropriated for that year. Further ahead, 167 authorizations of appropriations, totaling almost $11 billion, are set to expire by the end of CBO 4 EXPIRED AND EXPIRING AUTHORIZATIONS OF APPROPRIATIONS JANUARY 2017 Table 2. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by Table 2. Senate Authorizing Committee Authorizations of Appropriations Authorized Senate Committee Number of Lawsa Appropriationsb (Millions of dollars)c Armed Services 1 6 611,532 Commerce, Science, and Transportation 3 15 25,605 Energy and Natural Resources 3 3 56 Environment and Public Works 2 2 4 Foreign Relations 4 10 270 Health, Education, Labor, and Pensions 6 18 9,094 Homeland Security and Governmental Affairs 2 3 411 Judiciary 2 6 44 Veterans' Affairs 2 10 1,653 ___ ___ _________ Total 21 73 648,669 Source: Congressional Budget Office. This table shows only the committees that have jurisdiction over authorizations of appropriations expiring in 2017; 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 of appropriations that are under the jurisdiction of more than one Senate committee are counted only once in the total. b. Number of explicit authorizations of appropriations within the jurisdiction of each Senate committee that expire on or before September 30, 2017. c. Amounts specified in statute, a conference report, or other legislative history. fiscal year 2018. The largest of those are the Agricultural All-Hazards Preparedness Reauthorization Act of 2013 Act of 2014 (P.L. 113-79), with more than 100 individ- (P.L. 113-5), with 11 authorizations of appropriations ual authorizations of appropriations totaling over $2 bil- totaling over $2 billion. This listing does not include lion; the Violence Against Women Reauthorization Act authorizations of appropriations that have already expired of 2013 (P.L. 113-4), with 20 authorizations of appro- or that will expire in 2017. priations totaling $573 million; and the Pandemic and CBO JANUARY 2017 EXPIRED AND EXPIRING AUTHORIZATIONS OF APPROPRIATIONS 5 Table 3. Summary of Authorizations of Appropriations Expiring on or Before September 30, 2017, by Table 3. Appropriations Subcommittee Authorizations of Appropriations Authorized Appropriations Subcommittee Number of Lawsa Appropriationsb (Millions of dollars)c Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 1 7 171 Commerce, Justice, Science, and Related Agencies 3 10 68 Defense 1 1 583,626 Energy and Water Development and Related Agencies 2 3 19,425 Homeland Security 4 9 9,519 Interior, Environment, and Related Agencies 3 3 4 Labor, Health and Human Services, Education, and Related Agencies 5 10 8,915 Military Construction, Veterans Affairs, and Related Agencies 3 12 9,907 State, Foreign Operations, and Related Programs 4 10 270 Transportation, Housing and Urban Development, and Related Agencies __3_ __8_ ____16__,7_6_4_ Total 21 73 648,669 Source: Congressional Budget Office. This table shows only the committees that have jurisdiction over authorizations of appropriations expiring in 2017; therefore, not all appropriations subcommittees 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 of appropriations that are under the jurisdiction of more than one appropriations subcommittee are counted only once in the total. b. Number of explicit authorizations of appropriations within the jurisdiction of each appropriations subcommittee that expire on or before September 30, 2017. c. Amounts specified in statute, a conference report, or other legislative history. CBO 6 EXPIRED AND EXPIRING AUTHORIZATIONS OF APPROPRIATIONS JANUARY 2017 About This Document This report by the Congressional Budget Office satisfies the requirements of section 202(e)(3) of the Congressional Budget and Impoundment Control Act, as amended. The report is intended to assist the Congress by identifying authorizations of appropriations that have expired or that will expire this year. Editions of this report in previous years were called Unauthorized Appropriations and Expiring Authorizations. The Scorekeeping Unit of CBO’s Budget Analysis Division prepared this report with guidance from Adam Wilson and Theresa Gullo. The other members of the unit are Joanna Capps, Justin Riordan, Mark Sanford, Esther Steinbock, and J’nell Blanco Suchy. Shane Beaulieu and Patt Watson of CBO and numerous staff members of Congressional committees provided assistance. Mark Hadley and Robert Sunshine reviewed the report, Benjamin Plotinsky edited it, and Christian Howlett prepared it for publication. It is available on CBO’s website (www.cbo.gov/publication/ 52368). Keith Hall Director January 2017 CBO