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                                                                                                       June 8, 2020

U.S. Environmental Protection Agency FY2021 Appropriations


Since FY2006, Congress has funded the U.S. Environmental
Protection Agency (EPA) in the Interior, Environment, and
Related Agencies appropriations bills. Released February
10, 2020, the President's budget for FY2021 requested
$6.66 billion for EPA. The adequacy of funding for EPA to
effectively carry out its mission and provide associated
grants to support authorized state and tribal implementation
of federal pollution control laws has been a perennial issue.
Trends in requested and enacted appropriations for EPA
since FY2008 are shown in Figure 1. FY2021
appropriations have not been enacted to date.

Figure I. EPA Requested and Enacted Appropriations
FY2008-FY2021
($ nominal in billions not adjusted for inflation)
   Nominal $ in billions
         S 6.0               Requested   S Enarted









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Source: CRS using information from the Congressional Record; House,
Senate, and conference reports; and EPA's FY2021 Congressional
Budget Justification. Enacted amounts reflect rescissions and
supplemental appropriations, including $7.22 billion included for EPA
in the American Recovery and Reinvestment Act of 2009 (P.L. I I 1-5).
The FY2021 request for EPA is $2.71 billion (28.9%) less
than the total $9.37 billion FY2020 enacted appropriations.
Congress provided FY2020 enacted appropriations in the
Further Consolidated Appropriations Act, FY2020 (P.L.
116-94, Division D, Title II); the United States-Mexico-
Canada Agreement Implementation Act (P.L. 116-113, Title
IX); and the Coronavirus Aid, Relief, and Economic
Security Act (P.L. 116-136). The FY2021 request was
$435.6 million above the FY2020 request of $6.22 billion.

The FY2021 request includes a $159.1 million cancellation
of funds (rescission of unobligated balances of prior year
appropriations) for EPA across the board. The FY2020
request had proposed a $377.0 million cancellation of funds.
For FY2020, P.L. 116-94 did not rescind any unobligated
balances for EPA, a departure from annual appropriations
for some prior fiscal years. For FY2019, P.L. 116-6
included a combined $210.5 million rescission of
unobligated balances from three of EPA's 10 appropriations
accounts.


As indicated in Figure 1, the President's requested
reductions in total EPA funding annually since FY2018
have not been adopted by Congress in annual
appropriations.


Funding appropriated to EPA supports the agency's primary
responsibilities authorized under several federal pollution
control statutes and carried out in coordination with states
and tribes. EPA also awards grants to assist delegated states,
tribes, and local governments to support implementation and
compliance with federal requirements to control pollution.

The statutory authorization of appropriations for many of
the programs and activities administered by EPA has
expired, but Congress has continued to fund them through
the appropriations process. Authorization of appropriations
is a procedural mechanism. Congress may appropriate
funding for a program or activity for which the authorization
of appropriations has expired if no Member raises a point of
order or the rules are waived for consideration of a bill.
Congress has typically done so to continue appropriations.


Figure 2 presents EPA discretionary budget authority
since FY1976 in nominal dollars and adjusted for inflation.
Budget authority is provided through annual appropriations
acts and constitutes the amount of funding available to an
agency for obligation in a fiscal year to carry out specific
purposes authorized in law.

Figure 2. EPA Discretionary Budget Authority,
FY1976-FY2020 Enacted and FY2021 Request
($ in billions nominal and adjusted for inflation)
   $  bn billions


    S .0 .     - .      - .   .      - •



Source: CRS based on the White House Office of Management and
Budget (OMB), Budget of the United States Government Fiscal Year 202 1,
Historical Tables, Table 5.4. CRS calculated for inflation using OMB
deflators presented in Table 10. 1. FY2009 funding level reflects the
supplemental appropriations included for EPA in the American
Recovery and Reinvestment Act of 2009 (P.L. 11 1-5).


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