House Passes Stimulus; Senate to Act Today

Yesterday, the House passed its economic stimulus legislation. The bill includes tax rebates for individuals, accelerated depreciation and expensing provisions for businesses, and changes to federal housing policy to assist those at risk for foreclosure.

The Senate Finance Committee is scheduled to take up its legislation this afternoon. Its proposal removes income caps for individual rebates, adds funds for additional unemployment insurance and provides accelerated depreciation and expensing provisions over two years. An anticipated amendment by Sen. Rockefeller would provide $15 billion in counter-cyclical funding for states through Medicaid and block grants.

Economic Stimulus Developments

Senate Finance Committee Chairman Baucus has released specifics about his $156 billion economic stimulus plan. The committee will mark up the bill Wednesday. It includes rebates for all individuals with a reported tax liability and has no income-eligibility cap. The proposal also includes bonus depreciation for businesses, although at a slower rate than the House bill. The bill also addresses net operating losses for businesses and extends the number of weeks that workers can receive unemployment insurance benefits by 13 weeks. Workers in states with unemployment rates of more than 6% would receive an additional 13 weeks.

The House is scheduled to vote on its stimulus package today. 

Bush Administration Targets Earmarks

President Bush will issue an executive order directing federal agencies to ignore future earmarks included in legislative report language but not legislative text. The executive order would not apply to FY 2008 earmarks.

President Signs Defense Authorization Bill

President Bush signed the FY 2008 defense authorization bill that Congress passed last week after making adjustments following a presidential veto.

HHS Issues Rule Regarding Departmental Appeals Board

The Department of Health and Human Services has issued a proposed rule to amend the regulations governing the Departmental Appeals Board (DAB). The DAB provides impartial, independent review of disputed decisions under the jurisdiction of HHS, including Medicaid, Title IV-E, and other programs authorized by the Social Security Act. The proposed changes could diminish the role of the DAB and leave states without an objective means for disputing the department's decisions.

Real ID Deadline Extended, Funds Added

The deadline for applying for $31.3 million in Real ID grant funds from FY 2006 appropriations has been extended until March 7, 2008. Moreover, the $50 million recently approved as part of the FY 2008 budget has been added to that pool of available funds.

House Agrees to Stimulus Plan

Yesterday, House leaders announced a deal with the administration for nearly $150 billion in stimulus spending, including tax breaks for individuals, changes to depreciation rules for businesses and policies to help homeowners avoid foreclosure. The proposal includes:

° Approximately $100 billion in rebate payments for individuals, ranging from $300 per individual to $1,200 for married couples, with an additional $300 per dependent child. The payments would go to anyone with income tax liability or earned income of $3,000 or more in 2007. The rebates phase out for adjusted gross incomes of more than $75,000 for individuals and $150,000 for couples.

° Fifty percent bonus depreciation on new equipment and increased expensing write-offs for small businesses.

° An increase in conforming loan limits for the Federal Housing Administration and for Fannie Mae and Freddie Mac.

The Senate Finance Committee will mark up its stimulus package next week. The Senate may consider including additional stimulus policies such as aid for Medicaid, unemployment insurance, food stamps and infrastructure.

SCHIP Veto Upheld

Yesterday, the House voted to sustain the administration's veto of H.R. 3963, which would reauthorize the State Children's Health Insurance Program (SCHIP). In December, the president signed the Medicare, Medicaid and SCHIP Extension Act of 2007 (P.L. 110-173), which keeps the SCHIP program running through March 2009. The extension seeks to avert any federal funding shortfalls during this period, but does not make any significant policy changes to the program.

House Passes Mandate on Prison Inmates Death

Yesterday, the House passed H. R. 3971, the "Death in Custody Reporting Act of 2007." The measure requires states to submit quarterly reports about prisoner deaths to the Department of Justice unless such disclosure would violate a state's constitution. States not complying with the mandate would lose 10% of their Edward Byrne Memorial Block Grant funds.

House Reauthorizes Measure to Assist Mentally Ill Offenders

The House yesterday passed H.R. 3992, the "Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2007," which would reauthorize the Mentally Ill Offender Treatment and Crime Reduction grant program, created in 2004. H.R. 3992 would increase authorized grants from $50 million to $75 million annually through FY 2013.

Census Poverty Data Published 

New Census poverty levels have been published in the Federal Register. Many federal and state programs base their eligibility levels on these data. 

HHS to Stand by Median Income Data

The Department of Health and Human Services (HHS) has responded to a request from the National Association of State Energy Directors seeking relief from unusually low 2005 median income estimates for many small states. These estimates result in reductions in the eligibility ceiling for the Low Income Home Energy Assistance Program (LIHEAP). (See Issue Brief 07-50 for more information.)

House Reauthorizes HOPE VI Program

Yesterday, the House passed an eight-year reauthorization of the HOPE VI public housing revitalization program (H.R. 3524). The program rehabilitates or replaces severely distressed public housing projects with mixed-use, mixed-income developments. There is no Senate companion bill.

Administration Releases LIHEAP Emergency Contingency Funds

Yesterday, the Bush administration announced the release of about $450 million in Low-Income Home Energy Assistance Program emergency contingency funds. Attached are state-by-state numbers showing the allocation. This leaves about $151 million remaining in the fund. 

Medicaid Reg on Personal Assistance Services

On Friday, January 18, 2008, the Centers for Medicare & Medicaid Services (CMS) is scheduled to publish in the Federal Register a proposed rule on self-directed personal assistance services (PAS). The rule implements Section 6087 of the Deficit Reduction Act of 2005 (DRA). The policy is intended to allow more Medicaid enrollees to determine how and by whom their personal assistance services are provided. States have the option of offering self-directed PAS by submitting a state plan amendment. The proposed rule provides guidance to states and requests comment on how states can best allow Medicaid enrollees to use the new option. The rule is attached, and comments are due to CMS by February 18, 2008.

Final Rule for Real ID Released

As expected, on Friday, January 11, 2008, the Department of Homeland Security (DHS) released the final rule to implement Real ID, which requires states to change their driver's license and ID cards to be accepted for federal purposes, such as air travel screening. The rule requires all states to be in compliance on May 11, 2008, unless they have obtained an extension from compliance. Under the rule, states must file a request for an initial extension within 60 days after publication of the rule. DHS will grant states requesting extensions until December 31, 2009, to comply. If states demonstrate that they have achieved certain milestones towards compliance (18 milestones are identified in the rule), but have not reached full compliance by December 31, 2009, DHS will grant a second extension upon request to May 11, 2011.

States that have been granted extensions will have until December 1, 2014, to comply with Real ID requirements for driver's license and ID cards for individuals born after December 1, 1964; and states will have until December 1, 2017, to comply with Real ID requirements for those born on or before December 1, 1964. DHS estimates that the new rule will cost states more than $3.9 billion over 10 years, compared to the $14 billion price tag associated with the proposed rulemaking last year.

The press release and rule can be viewed here: http://www.dhs.gov/xnews/releases/pr_1200065427422.shtm

Real ID Regs Expected Today

The Department of Homeland Security will release the final regulations for Real ID today. According to news releases, the regulations include significant changes to the original draft rulemaking and include an extended time period for compliance. Those reports also state that the changes will reduce state compliance costs to $3.9 billion down from more than $14 billion estimated last May.

CMS Proposes Part D Premium Cut for Low-Income Individuals

The Center for Medicare and Medicaid Services (CMS) has published in the Federal Register a proposed rule, "Prescription Drug Plans to Lower Their Premiums for Low-Income Subsidy Beneficiaries" (CMS-4133-P). The rule would allow Medicare Prescription Drug Plans to reduce prescription drug premiums for individuals eligible for the low-income subsidy only. The proposal would reduce the number of low-income beneficiaries reassigned to new plans each year because of plan bids that exceed the benchmark plan level. A copy of the proposed rule is available on the CMS website: http://www.cms.hhs.gov/PrescriptionDrugCovContra/HPMSGH/itemdetail.asp?itemID=CMS1207003.

SCHIP Extended Through March 2009

On December 29, 2007, President Bush signed the Medicare, Medicaid and SCHIP Extension Act of 2007 (S. 2499). The law extends funding for the State Children's Health Insurance Program (SCHIP) through March 2009. It also addresses SCHIP shortfalls by making $1.6 billion available in FY 2008, based on data as of November 30, 2007. The law also outlines the process to redistribute unspent FY 2006 SCHIP funds in FY 2009 and makes an additional appropriation of no more than $275 million to avert shortfalls during the first two quarters of FY 2009.