FY 2008 Supplemental Heads to White House with Medicaid Moratoria,
UI Extension


Yesterday, the Senate approved H.R. 2642, which combines a supplemental war appropriations with a $95.5 billion domestic package. The House passed the bill June 19. The domestic spending piece delays implementation of six Medicaid regulations (see FFIS Budget Brief 08-07) and includes $8.2 billion to extend unemployment insurance (UI) benefits. Additional funding is included for veterans' education benefits, levees in New Orleans and flood relief in the Midwest. The president is expected to sign the bill.

Senate Medicare Cloture Vote Fails

Yesterday, the Senate fell short of the 60 votes needed to limit debate on H.R. 6331, Medicare legislation that would prevent a 10.6% reduction in Medicare physician reimbursement rates, scheduled to take effect July 1. The bill also included provisions to extend the qualifying individuals and transitional medical assistance programs (which expire June 30, 2008), as well as supplemental grants for the Temporary Assistance for Needy Families.

Senate Passes Aviation Tax Extension

Yesterday, the Senate passed H.R. 6327, which extends the taxes that fund aviation programs for three months. Attempts to add a provision that would transfer $8 billion from the general fund to the Highway Trust Fund to address a looming deficit failed. The Senate has yet to pass a long-term reauthorization of aviation programs. The House passed its version (H.R. 2881) in September 2007.

House Committee Approves Pre-Kindergarten Bill

Yesterday, the House Education and Labor Committee approved the Providing Resources Early for Kids Act (H.R. 3289). The bill creates a new federal program to improve the quality of state preschool programs. States may use the federal grants to:

· Increase the number of teachers with baccalaureate degrees
· Expand benefits to recruit and retain teachers, aides and program directors
· Improve teacher-student ratios
· Provide health screenings and
· Use research-based curricula in preschool programs that are aligned with state early learning standards.

Grants would be awarded by formula to those states that the secretary of education determines to meet specific quality requirements in state preschool programs. The formula is based on the number of children under age 5 with family income below the poverty line. "Selected" states that do not meet the quality requirements would be awarded grants on a competitive basis. The bill is authorized at $500 million for each fiscal year from 2009 through 2013 to serve children ages 3-5; 10% of funds must be set aside for ages 0-3. The bill also includes a maintenance-of-effort provision and a state match requirement.

Senate Committee Approves FY 2009 Labor, HHS, Education Appropriations Bill; House Committee Adjourns Without Approval

Yesterday, the Senate Appropriations Committee approved a FY 2009 appropriations bill for the departments of Labor, Health and Human Services and Education. The overall funding level is an increase of more than $7.6 billion above FY 2008 and $9.5 billion above the president's request. The following increases above FY 2008 were included in the bill:

· $25 million for dislocated workers
· $40 million for Job Corps
· $223 million for Head Start
· $631 million for Title I grants to Local Education Agencies
· $477 million for Education for Individuals with Disabilities Part B grants
· $40 million to conduct eligibility reviews for Unemployment Insurance
· $1.025 billion for the National Institutes of Health and
· $150 million for community health centers.

In addition, the committee approved $585 million in total funding for pandemic flu, including the development and purchase of vaccine, antivirals, medical supplies, diagnostics and other surveillance tools.

The House Appropriations Committee also convened to consider its FY 2009 Labor-HHS funding measure. However, a controversial amendment pertaining to off-shore drilling was offered and resulted in the committee voting to adjourn without acting on the underlying Labor-HHS spending measure. It is not known when the committee will schedule another mark-up.

House Senate Extend HEA

Yesterday, the House approved an extension of the Higher Education Act (HEA) until July 31, 2008. The Senate passed an extension on Monday. This is the seventh extension of the law. At issue is a House maintenance-of-effort (MOE) provision that would penalize states that reduce state appropriations for higher education.

House Committee Funds Criminal Justice Programs

Yesterday, the House Committee on Appropriations approved FY 2009 spending for programs in the Department of Justice (DOJ). Included in the spending bill is:

· $550 million for the Byrne/Justice Assistance Grants (JAG) program ($380 million over FY 2008);

· $431 million for the Juvenile Justice and Delinquency Prevention program and the Justice Accountability Block Grant program ($47.5 million above FY 2008);

· $627 million for the COPS program ($40 million above FY 2008);

· $435 million for the Violence Against Women Act programs ($35 million above FY 2008); and

· $113 million for activities to implement the Adam Walsh Act of 2006.

Work Ongoing on Medicare Reimbursement Fix

The House and Senate continue to work on various bills that would avert the scheduled 10.6% decrease in physicians' Medicare reimbursements. Such bills also would reauthorize the Qualifying Individuals program, reauthorize Transitional Medical Assistance and extend supplemental grants for Temporary Assistance for Needy Families. Action is expected this week.

House Passes Aviation Tax Extension without Highway Fix

Yesterday, the House passed the Federal Aviation Administration Extension Act of 2008 (H.R. 6327). The bill extends the taxes that fund aviation programs for three months but excludes a provision that would have transferred $8 billion from the general fund to the Highway Trust Fund to address its looming deficit. The Senate has yet to pass a long-term reauthorization of aviation programs. The House passed one (H.R. 2881) in September 2007.

Senate Labor, HHS, Education Appropriations Subcommittee Marks Up FY 2009 Funding Bill

Yesterday, the Senate Appropriations Subcommittee on Labor, Health and Human Services and Education approved a FY 2009 appropriations bill. The funding level is an increase of $7.6 billion over FY 2008 and $7.4 billion more than the president's request. However, the Senate bill is $400 million less than a bill approved by the House subcommittee on June 19. The full committees in the House and Senate are scheduled to consider their respective measures on June 26.

House Appropriations Committee Approves First Responder Funding

Yesterday, the House Appropriations Committee on Homeland Security approved FY 2009 discretionary spending for programs in the Department of Homeland Security (DHS). Most of the first responder programs were level funded or increased. These include:

· $950 million for State Homeland Security grants, the same as FY 2008;
· $850 million for Urban Area Security Initiative grants, $30 million above FY 2008;
· $50 million for REAL ID grants, same as FY 2008 (plus another $50 million for
developing a "hub");
· $400 million for Transit Security Grants, same as FY 2008;
· $800 million for Fire Grants, an increase of $50 million over FY 2008, with $570 million for the Fire Grant Program and $230 million for the SAFER Act Grants;
· $315 million for Emergency Management Performance Grants, $15 million above FY 2008;
· $400 million for Port Security Grants, same as FY 2008;
· $50 million for the Metropolitan Medical Response System, $8 million above FY 2008;
· $60 million for Operation Stonegarden, same as FY 2008;
· $50 million for Interoperable Communications;
· $200 million for the Emergency Food and Shelter program, $47 million above FY 2008; and,
· $1.9 billion for Disaster Relief.

House Committee Approves Funding for Military and Veterans Affairs

Yesterday, the House Military Construction-VA Appropriations Committee approved FY 2009 discretionary spending for the Department of Veterans Affairs.

House Passes Supplemental

Yesterday, the House approved a $257.5 billion bill (H.R. 2642) that combines $162 billion in funding for the wars in Iraq and Afghanistan with $95.5 billion in domestic spending. The domestic spending measure delays implementation of six Medicaid regulations, excluding the regulation on outpatient hospital and clinic services. The domestic package also includes $8.2 billion to extend unemployment insurance by 13 weeks, $62.8 billion (over 10 years) for veterans' education benefits, $5.8 billion to strengthen levees in New Orleans and $2.65 billion for flood relief in the Midwest. The Senate is expected to take up the package next week. The White House has indicated the president will sign the measure as passed by the House.

Labor-HHS-Education Subcommittee Marks Up FY 2009 Spending

Yesterday, the House Appropriations Subcommittee on Labor, Health and Education approved its FY 2009 appropriations bill, sending it on to the full committee for consideration. The overall funding level represents an $8 billion increase over FY 2008 and $7.8 billion more than the president's request, including increases for dislocated workers, state unemployment insurance operations, employment services, the Low Income Home Energy Assistance Program, the Community Services Block Grant and community health centers.  

In addition, $1.7 billion in total funding was provided for the Social Services Block Grant. The full committee is scheduled to mark up the bill on June 25.

Senate Appropriations Approves Justice, Homeland Security Spending Bills

Yesterday, the Senate Committee on Appropriations approved FY 2009 spending for the Department of Justice (DOJ) and the Department of Homeland Security (DHS). The DOJ spending bill includes $580 million for the Byrne Justice Assistance Grants program ($410 million more than FY 2008); $400 million for the Juvenile Justice and Delinquency Prevention program (approximately $16.5 million above FY 2008); $600 million for COPS ($13 million above FY 2008); $400 million for Violence Against Women programs (the same as FY 2008); $30 million for drug courts ($15 million more than FY 2008) and $400 million for the State Criminal Alien Assistance Program ($10 million less than FY 2008). The DHS measure includes approximately $4.2 billion for state and local first responder programs, with $318.5 million for cyber security ($108 million more than FY 2008). Other state and local grant programs, including the state homeland security grant programs; ports, rail, firefighter and transit grants; and the Emergency Management Performance Grants are funded at FY 2008 levels.         

CMS Releases "Dear Medicaid Director" Letter

The Centers for Medicare & Medicaid Services (CMS)has released a new Dear State Medicaid Director letter titled "Strengthening the Integrity of the Medicaid Program." The letter is intended to assist states in reducing improper payments to providers.

A copy of the letter can be found at http://inside.ffis.org//ff/SMDL08003_2_.pdf. 

House Passes UI Extension

On Thursday, the House passed an extension of unemployment insurance by a vote of 274-137. The Senate is not expected to take up the bill, preferring to address the issue as part of a supplemental spending plan.

The bill would extend unemployment insurance in all states by 13 weeks beyond the 26 weeks currently authorized. States with a total unemployment rate of at least 6% or an insured unemployment rate of 4% or higher would get an additional 13 weeks.

Republicans and the administration have argued for a more targeted approach, and oppose the bill's elimination of a requirement that individuals work at least 20 weeks before collecting extended federal benefits.

Extra Census Money Excluded from Spending Bill

The FY 2009 Commerce-Justice-Science spending bill approved by a House panel does not include the extra $540 million requested at the last minute for the Census Bureau. The subcommittee chairman said the administration's request was received too late, but will be considered later.

Census takers will use paper questionnaires, not handheld computers as planned, to gather information from residents who do not mail back forms - a decision that may add as much as $3 billion to the cost of the census. 

Senate Cloture Vote on Medicare Bill Fails

Yesterday,the Senate failed to limit debate on S. 3101. Among its provisions, the bill would have stopped a 10.6% reimbursement cut to Medicare physicians scheduled to take effect July 1, added new requirements for Medicare Advantage Special Needs Plans and extended authorization for the Medicaid transitional medical assistance, abstinence education and qualifying individuals (QI-1) programs. An alternative bill, S. 3118, includes similar provisions but also would require states to use a cost allocation methodology for determining the federal reimbursement for certain Medicaid administrative expenses as well as other provisions that would reduce federal expenditures. In advance of the vote, the administration issued a statement opposing provisions to reduce payments to certain Medicare Advantage plans and indicating the president would veto the legislation in its current form. Sens. Baucus and Grassley are expected to resume negotiations next week to craft a compromise proposal.

Supplemental Deal Reached

The House, Senate and White House reportedly have reached a deal that could allow the FY 2008 supplemental spending bill to move forward. The bill is said to fund military operations, expand veterans' education benefits, extend unemployment insurance by 13 weeks and delay the implementation of six Medicaid regulations. (The House had previously passed a moratorium on seven Medicaid regulations.)

Congress Overrides Farm Bill Veto Again

Yesterday, the House and Senate overrode President Bush's veto of H.R. 6124, the Food, Conservation and Energy Act. This is the third congressional override of a presidential veto and the second for the farm bill. The new measure rectifies the error that omitted the trade title from the original version of the farm bill (H.R. 2419).

House Committee Approves Environmental Education, Home Visitation Bills

Yesterday, the House Education and Labor Committee passed H.R. 3036, the No Child Left Inside Act, which promotes environmental education inside and outside the classroom. It creates a competitive grant program awarded to nonprofit organizations, state educational agencies, local educational agencies and institutions of higher education to expand the capacity for environmental education and to strengthen teacher training. The bill authorizes $100 million for each of FY 2008 through FY 2012. The bill also extends the National Environmental Education Act for one year.

The committee also passed H.R. 2343, the Education Begins at Home Act. The bill would expand support services to children ages birth to five, pregnant woman and parents. A competitive grant program would enable states, Indian tribes, tribal organizations and territories to establish or enhance early childhood home visitation programs that strengthen parenting practices, improve school readiness and reduce neglect and abuse. The bill is authorized at $400 million over three years and authorizes $20 million in FY 2009 in assistance to military families and an additional $20 million in FY 2009 for families with English language learners. The bill includes a state maintenance of effort provision and requires a state match.

House Committee Reauthorizes State and Local Law Enforcement Grant Program

Yesterday, the House Judiciary Committee approved H.R. 3546, which would reauthorize the Edward Byrne Memorial Justice Assistance Grant program at $1.1 billion annually through FY 2012. This program supports state and local law enforcement efforts, including drug task forces, gang prevention, substance abuse treatment and prosecution.

Senate Procedural Vote on Medicare Bill Expected

Today, the Senate is expected to hold a procedural vote on S. 3101, a Medicare bill that would update payments to Medicare physicians; extend authorization for qualifying individuals (QI-1), Medicaid transitional medical assistance (TMA) and abstinence education programs; and add new requirements for Medicare Advantage Special Needs Plans, as well as other changes.

On Wednesday, an alternative Medicare bill was introduced that would increase physicians' Medicare reimbursements for 18 months and also extend authorization for QI-1, TMA and abstinence education, but also would: 1) require state Medicaid cost allocation, 2) mandate a state Medicaid asset verification program and 3) provide grants for Medicaid outreach and enrollment.

Veto-Proof UI Bill Fails in House

Yesterday, the House unsuccessfully attempted to advance H.R. 5749, a stand-alone bill that would extend unemployment insurance (UI) for 13 weeks in all states, with an additional 13 weeks for states having an unemployment rate of 6% or higher. The vote, 279-122, was three votes shy of the two-thirds majority needed to pass a veto-proof bill.

House Passes Amtrak Reauthorization

Yesterday, the House approved H.R. 6003, the "Passenger Rail Investment and Improvement Act of 2008." The bill authorizes $14.9 billion through 2013 for Amtrak capital grants, debt service, operations grants and Americans with Disabilities Act compliance, among other authorizations. It also creates a new program, authorized at $2.5 billion, for capital grants to states-awarded on a competitive basis-to improve or add intercity passenger service. States and Amtrak also qualify for $1.75 billion in grants to finance construction of high-speed rail corridors. In addition, lawmakers included a provision to encourage private companies to bid on a high-speed rail project connecting Washington, D.C. and New York City. The Senate passed its version of Amtrak reauthorization (S. 294) on October 30, 2007. On June 9, President Bush threatened to veto H.R. 6003.

House Passes FY 2009 Budget

Yesterday, the House adopted the conference report for the FY 2009 budget resolution. The budget relies heavily on reserve funds for major spending initiatives that may be implemented if offsets are found.  Such funds are in place for the State Children's Health Insurance Program, Medicare and physician pay. Adoption of the budget resolution signals the official beginning of the appropriations process, which the House hopes to finish before August.

Tax Extenders on Senate Agenda

Senate Finance Committee Chairman Baucus announced that legislation to extend several expiring tax provisions could be addressed by the Senate as early as next week. The package would extend several expired and expiring tax provisions for two years and patch the alternative minimum tax (AMT) for one year. The House passed its tax extender legislation in May but has not yet addressed AMT.

Senate Passes "Repaired" Farm Bill

Yesterday, the Senate passed a new version of the farm bill conference report (H.R. 6124). This version includes the trade title, which was omitted from the original version that President Bush vetoed and was subsequently overridden by both chambers. Congress decided to pass the bill again with a new bill number rather than take up the trade title separately to avoid any legal challenges. The House has already passed the new conference report. The bill now moves to the president, who is expected to veto the measure again. Both chambers have sufficient votes to override a veto.

Climate Bill Cloture Vote Fails

The Lieberman-Warner climate bill has failed to get the 60 votes necessary for cloture.  It is unlikely the Senate will attempt to bring up the bill again this Congress.

Senate Passes Budget Resolution

The Senate adopted the conference report for the FY 2009 budget resolution. The House is meant to approve it today. The conference report provides a one-year patch for the alternative minimum tax, makes extensive use of reserve funds for domestic spending priorities and calls for the extension of some existing tax cuts.

House Passes "Green" School Construction Bill

Yesterday, the House passed H.R. 3021, the "21st Century Green High-Performing Public Schools Facilities Act." The bill authorizes $6.4 billion in grants for modernization, renovation and repair of public schools. It specifies that by 2013, 90% of funds must be used for certified "green" projects. Funds under this act are allocated to states and local educational agencies (LEAs) based on the share of funds they receive under Part A of Title I of the Elementary and Secondary Education Act. The bill also authorizes $500 million over five years to aid school modernization and renovation of LouisianaMississippi and Alabama schools affected by Hurricanes Katrina and Rita. The bill contains a maintenance of effort mandate that requires states and LEAs to maintain spending. The White House has issued a Statement of Administration Policy indicating the president would veto the legislation. Currently, the Senate has no companion legislation.

House Increases Authorization for Health Centers

The House yesterday approved H.R. 1343, to reauthorize federally qualified health centers under the Public Health Services Act. The Congressional Budget Office (CBO) estimates the Health Centers Renewal Act would cost $77 million in 2008 and $11.8 billion over 2008-2013 if appropriations were made at the authorized levels. According to CBO, the bill contains no intergovernmental mandates and would impose no costs on state, local or tribal governments. The Senate Health, Education, Labor and Pensions (HELP) Committee approved similar legislation (S. 901) earlier this year, which is awaiting consideration by the full Senate. The CBO cost estimate can be found at www.cbo.gov/ftpdocs/93xx/doc9345/hr1343.pdf.

SAFETEA-LU Corrections Head to White House

H.R. 1195, which makes technical corrections to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was sent to the White House yesterday. The president has 10 days to sign or veto the bill, which was passed by the House and Senate with veto-proof margins.