Weekly News
FY 2010
APPROPRIATIONS UPDATE
The House has passed four appropriations bills: Commerce-Justice-Science,
Homeland Security, Interior-Environment, and Legislative Branch. The Senate has
not yet passed any fiscal year (FY) 2010 funding bills, though some have passed
at the committee level. To check the status of appropriations bills,
legislative language, and reports, go to: http://thomas.loc.gov/home/approp/app10.html.
1) Commerce-Justice-Science
On June 18, 2009, the House passed FY 2010
appropriations for Commerce, Justice, Science, and related agencies. The bill
provides $529 million for Byrne/JAG Memorial formula grants, $400 million in
funding for the State Criminal Alien Assistance Program (SCAAP), and $200
million for STOP formula grants to combat Violence Against
Women.
2) Homeland Security
On June 24, 2009, the House passed the Department of
Homeland Security appropriations bill for FY 2010. The bill provides $3.55
billion for state and local programs, including $890 million for the State
Homeland Security Grant Program (SHSGP), $887 million for the Urban Area
Security Initiative (UASI), $330 million for Emergency Management Performance
Grants, $50 million for interoperable emergency communications grants and $50
million for driver's license security grants.
3) Interior-Environment
Last Thursday, the House passed a bill to fund the Interior Department, the
Environmental Protection Agency (EPA), the Forest Service, the Smithsonian
Institution and other related agencies. The bill provides a 17% increase over
FY 2009 (excluding ARRA). It includes a major increase for the EPA's water and
sewer infrastructure programs, as well as increases for the National Park
Service, the Fish and Wildlife Service and both the National Endowment for the
Arts and the National Endowment for the Humanities.
HEALTH AND HUMAN SERVICES
1) HHS Releases State-By-State Health Care Related Information
On Friday, the Department of Health and Human Services
(HHS) released state-by-state reports with information on a number of health
care issues. Included are data on the percent increase in family premiums since
2000, the amount individuals and families pay as a result of subsidizing care
for the uninsured, the percent of state residents without insurance, general
quality ratings for health care in each state, and information on preventative
measures. The reports are available at: www.HealthReform.gov.
2) CMS Proposes Rule to Streamline Medicaid Section 1915 HCBS Waivers
On June 22, 2009, the Centers for Medicare and Medicaid Services (CMS)
published a proposed rule that would amend existing regulations on Medicaid
Home and Community-Based Services (HCBS) Waivers. Currently, states must
develop separate Section 1915(c) waivers if they wish to serve more than one of
the following three populations: the aged or people with disabilities, or both;
the mentally retarded or developmentally disabled, or both; and the mentally
ill. The CMS proposal would give states the option to combine or eliminate these
three permitted waiver target populations, thereby removing a barrier to states
that wish to design waivers across various populations. CMS is seeking comments
on how streamlining this process could improve a state's ability to design
service packages based on need, rather than diagnosis or condition. CMS also
requested comments on how this change may affect a state's ability to serve
individuals requiring an institutional level of care, and how the change may
facilitate compliance with the Americans with Disabilities Act of 1990.
Comments are due by August 21, 2009. The Federal Register notice is available
at: http://edocket.access.gpo.gov/2009/pdf/E9-14559.pdf.
3) HHS Announces Initiatives to Create ADRCs
in Every State
HHS announced a funding opportunity for the expansion of Aging and Disability
Resource Center Programs (ADRCs) across the country.
This is a collaborative effort of the Administration on Aging (AoA) and CMS, which have jointly funded pilot programs in
45 states and territories. The deadline for submission of a letter of intent is
Wednesday, July 1, 2009. Letters should be submitted to Joseph Lugo by e-mail
at: joseph.lugo@aoa.hhs.gov.
4)
On June 24, 2009, CMS released a letter to explain
the policies of Medicaid and the Children's Health Insurance Program (CHIP)
regarding HIV testing and screening. The letter is available at: http://www.cms.hhs.gov/SMDL/downloads/SHO062409.pdf.
TRANSPORTATION
New Resources to Help Communities Meet Transportation Needs
Thirty-six states were awarded nearly $140 million this week to assist 249
transportation improvement projects. Through the Transportation, Community, and
System Preservation (TCSP) Program, states, local, and tribal governments may
apply for federal funding to support methods of increasing transportation
efficiency, roadway improvements, and research. The TCSP Program is managed by
the Federal Highway Administration, in conjunction with the Federal Transit
Administration, the Federal Rail Administration and the Research and Innovative
Technology Administration within the Department of Transportation and the
Environmental Protection Agency. A list of this year's grant recipients is
available online at: http://www.fhwa.dot.gov/tcsp/projects.html.
ARRA News
GENERAL -
REPORTING REQUIREMENTS
The Office of Management and Budget (OMB) released detailed information on
reporting requirements included in Section 1512 of the Recovery Act, in
addition to clarification on job creation estimates by recipients. The guidance
addresses the mechanics and chronology of recipient reporting; provides
clarification on reporting to Recovery.gov and FederalReporting.gov; clarifies
the definition and obligations of recipients and sub-recipients; provides a
common framework for data quality; and further clarifies job creation estimates
by recipients. Included with the guidance are two supplements that model the
data flow from recipients to the federal government and provide a complete list
of programs subject to Section 1512 reporting. States must file their first
recipient reports on October 10, 2009, for all funds received and distributed
since February.
The official document, "Implementing Guidance for Reports on Use of Funds
Pursuant to the American Recovery and Reinvestment Act of 2009," can be
accessed on the OMB website at: www.whitehouse.gov/omb/memoranda_default.
AGRICULTURE
Secretary Vilsack announced $19.88 million in ARRA
funding to address safety hazards and environmental damage caused by abandoned
mines. The 14 projects are located in national forests in
BROADBAND
On Friday, NTIA released notice that the secretary of Commerce has granted a
limited waiver of the Buy American Requirements of ARRA for certain equipment
that will be used for the Broadband Technology Opportunities Program
(BTOP). Additional information about the limited waiver can be found at: http://www.ntia.doc.gov/frnotices/2009/FR_BuyAmericanWaiver_090626.09.pdf.
EDUCATION
The Department of Education published supplemental guidance on amending an
approved application for initial funding under the State Fiscal Stabilization
Fund to reflect changes in the levels of state support for education. The
guidance can be found at: http://www.ed.gov/programs/statestabilization/guidance-amending.doc.
Weekly News
GENERAL
Pay-Go Legislation Introduced in the House
On June 17, 2009, House Majority Leader Steny Hoyer
(D-MD) introduced legislation (H.R. 2920) to put in place pay-as-you-go
(pay-go) spending rules. The House proposal is similar to a law (P.L. 101-508)
that expired in 2002 and reflects the administrations proposal on pay-go. The
bill would require that new tax and mandatory spending legislation that adds to
the deficit be fully offset. However, the bill exempts four types of
legislation: middle class tax cuts, the estate tax, patching the alternative
minimum tax (AMT), and providing higher Medicare payments to physicians. Under
the legislation, the Office of Management and Budget would assess the overall
cost of tax cuts or new mandatory spending enacted by Congress in each session,
scoring each bill by its average annual cost over 10 years. If that ledger is
not in balance, across-the-board cuts would be made to federal programs, with
some exceptions, to put it back into balance. The Senate uses similar rules.
Hoyer has indicated he would like to see the proposal come to the House floor
before the August break. The House Budget Committee is scheduled to hold a
hearing on the new pay-go legislation June 25, 2009.
AGRICULTURE
House Appropriations Committee Approves Agriculture and Interior/Environment
Spending Bills
On June 18, 2009, the House Appropriations Committee approved spending bills
for agriculture, interior and environment programs for fiscal year (FY) 2010. The $22.9 billion agriculture spending bill passed by voice vote.
Funding for major programs includes: $160.6 million for the Commodities Futures
Trading Commission; $1.18 billion for the Environmental Quality Incentives
Program; an additional $20 million in discretionary funds for the Rural Energy
for America Program; $40 million for watershed rehabilitation; and $50.7
million for resource conservation and development. Funding for the remainder of
programs are unchanged from the mandatory spending levels set in the farm bill.
In addition, the committee approved an $11 billion spending bill for
interior/environment programs. Funding levels include: $1.13 billion for the
Bureau of Land Management; $1.64 billion for the Fish and Wildlife Service; and
$2.72 billion for the National Park Service. In addition, the bill includes
$2.3 billion for the Clean Water State Revolving Loan Fund and $1.2 billion for
the Drinking Water Revolving Fund, a substantial increase from FY 2009 levels
but less than the amounts included in the president's budget. Appropriators
also restored a proposed $107 million decrease in funding to a wildland fire contingency fund, which is tapped when
regularly budgeted money for wildfires is exhausted. The bills now move to the
House floor; the Interior/Environment Appropriations bill is scheduled for
consideration this week, and the Agriculture bill is scheduled for
consideration after the July 4 recess.
EDUCATION
U.S. Department of Education Expands its Student Loan Servicing Capacity
http://www.ed.gov/news/pressreleases/2009/06/06172009b.html
Nearly $3.5 Million Awarded in Grants to Improve Education for Indian Children
http://www.ed.gov/news/pressreleases/2009/06/06172009a.html
U.S. Secretary of Education Announces $18.5 Million to Improve School Libraries
and Encourage Reading in Low-Income Schools
http://www.ed.gov/news/pressreleases/2009/06/06122009.html
ENVIRONMENT
EPA Issues Clean Energy Guidebook for States
The Environmental Protection Agency (EPA) recently unveiled a guide to help
states reduce greenhouse gas emissions and save state money through the
adoption of clean energy practices. The Lead by Example guide will help states
to reduce their energy use and thereby reduce their overall costs. According to
EPA, the guide identifies best practices and state examples of clean energy
activities; highlights the benefits and costs of taking action; and identifies
issues, strategies and resources for implementing key steps in the development
of a comprehensive Lead by Example program. EPA's State Climate and Clean
Energy Program created the guide, which can be found at: http://epa.gov/cleanenergy/energy-programs/state-and-local/index.html.
HEALTH AND HUMAN SERVICES
1) HHS Announces FY 2009 CHIP Allotments
On June 19, 2009, the U.S. Department of Health
and Human Services (HHS) announced the FY 2009 allotments for the Children's
Health Insurance Program (CHIP). The press release and state allocations are
available at:
http://www.hhs.gov/news/press/2009pres/06/20090619a.html.
2) Update on Health Reform Legislation
On June 19, 2009, the House Tri-Committee (Energy and Commerce, Ways and Means,
Education and Labor) released a comprehensive health reform "discussion
draft." The committees have been working together on the single proposal
and plan to hold several hearings on the provisions in their respective
committees this week. Major provisions of the bill include a proposal to create
a public insurance option, expand Medicaid to 133% of the federal poverty level
(FPL) for families and individuals by 2013, provide a federal subsidy to
individuals between 133 and 400% FPL, require individuals purchase insurance,
and require employers provide coverage or pay a tax. The plan also includes a
requirement that Medicaid increase payments to primary care physicians to 80%
of Medicare rates in 2010, 90% in 2011 and 100% in 2012. The expansion and the
reimbursement rate increase would be 100% federally financed. States that have
previously expanded eligibility levels for Medicaid and the Children's Health
Insurance Program (CHIP) would be required to maintain eligibility levels for
individuals above 133% FPL. The plan includes provisions to create a national
exchange mechanism but would also include a state option to operate a
state-level exchange, which would have to be approved by the secretary of the
U.S. Department of Health and Human Services. The draft plan does not provide
details on financing and cost estimates. The discussion draft and summaries are
available at http://energycommerce.house.gov/index.php?option=com_content&view=article&id=1679:house-democratic-chairmen-to-unveil-discussion-draft-for-health-care-reform&catid=122:media-advisories&Itemid=55.
Last week, the Senate Health, Education, Labor and Pensions (HELP) Committee
began its markup of the Affordable Health Choices Act. According to the Congressional
Budget Office (CBO), the draft proposal would cost $1 trillion over 10 years
and cover an additional 16 million people (http://www.cbo.gov/ftpdocs/103xx/doc10310/06-15-HealthChoicesAct.pdf).
However, the HELP Committee bill does not yet include proposals on a public
plan option, a possible employer mandate or language dealing with generic
biologic drugs. In addition, it does not include a Medicaid expansion.
The Senate Finance Committee also has developed a scaled-down version of its
proposal and recently submitted to CBO for scoring. It appears that this
version expands Medicaid to cover children and pregnant women at 133% of FPL
and phases in coverage for parents and childless adults to 100% FPL. CBO
estimated the original proposal submitted by Chairman Baucus would cost $1.5
trillion over 10 years.
HOMELAND SECURITY
1) Homeland Security Appropriations Bill will Appear in Both Chambers
Appropriations work will continue in the House and Senate this week, with
both chambers expected to take up the Homeland Security appropriations bill.
The Senate plans to take up the bill (S. 1298) under an agreement that allows
it to consider the bill before the House does. The House plans work on its
$42.6 billion version of the bill (H.R. 2892) also before the end of this week.
The House version includes a two-year authorization of the E-Verify program,
which allows the government to check workers' legal status. The Senate version
follows the administration's request for a three-year authorization of the
program. The Senate Appropriations Committee also adopted a managers
amendment to the draft measure that would provide more than a 7% increase in
discretionary spending over FY 2009, excluding emergency and stimulus funding.
Both the House and Senate propose funding at the amount requested in the
president's budget for REAL ID and the State Homeland Security Grant Program
($50 million and $950 million, respectively). Unlike the president's $100
million request for Emergency Food and Shelter, the House proposes $200 million
and the Senate proposes $175 million.
2) Senators Introduce Legislation to Reform REAL ID
Last week, a bipartisan group of senators introduced legislation to amend the
REAL ID Act of 2005 and create a workable solution to enhance the security of
driver's licenses and identification cards. Known as PASS ID, the
"Providing for Additional Security in States' Identification Act of 2009,"
(S. 1261) would address key privacy and cost concerns that have led a dozen
states to enact legislation prohibiting compliance with REAL ID. The
legislation was developed in coordination with the National Governors
Association, the National Conference of State Legislatures, the secretary of
Homeland Security and other stakeholder groups. The bill has been referred to
the Homeland Security and Governmental Affairs Committee, which is expected to
consider the legislation before the end of the summer session.
TRANSPORTATION
House Transportation and Infrastructure Committee Releases Surface
Transportation Authorization Draft
The chairman of the House Transportation and Infrastructure Committee released
his committee's blueprint for a six-year, $450 billion federal surface
transportation authorization bill, the Surface Transportation Assistance Act of
2009 (STAA). The current authorization of federal surface transportation
programs expires on September 30, 2009. Highlights from the STAAs
blueprint include consolidating or terminating more than 75 existing federal
programs; collapsing highway and transit funding into four core formula
categories; establishing a freight improvement program; authorizing a National
Infrastructure Bank; and establishing new initiatives for congestion
mitigation. For states, in particular, the STAA blueprint proposes federally
determined performance measures and reporting requirements for certain highway
and transit programs, a new Office of Public Benefit with responsibility for
tolls and public-private partnerships, a new metropolitan mobility and access
program, penalties for states that do not enact or enforce seatbelt laws or
DWI/ignition interlock requirements, and a new Office of Livability responsible
for advancing alternative modes of transportation and improving livability and
sustainability in communities. The STAA and supporting documents can be found
on the House T&I website at: http://transportation.house.gov/Default.aspx.
The Senate is expected to proceed with an 18-month authorization extension.
ARRA News
GENERAL
On
June 22, 2009, the Office of Management and Budget (OMB) released detailed
information on reporting requirements included in Section 1512 of the ARRA, in
addition to clarification on job creation estimates by recipients. The official
document, "Implementing Guidance for Reports on Use of Funds Pursuant to
the American Recovery and Reinvestment Act of 2009," can be accessed on
the OMB website at http://www.whitehouse.gov/omb/memoranda_default/.
The guidance addresses the mechanics and chronology of recipient reporting;
provides clarification on reporting to Recovery.gov and FederalReporting.gov;
clarifies the definition and obligations of recipient and sub-recipient;
provides a common framework for data quality; and further clarifies job
creation estimates by recipients. Included with the guidance are two
supplements that model the data flow from recipients to the federal government
and provide a complete list of programs subject to Section 1512 reporting.
States must file their first recipient reports on October 10, 2009, for all
funds received and distributed since February 2009.
AGRICULTURE
The Department of Agriculture announced $176 million in ARRA funding to upgrade
laboratory buildings and improve research capacity. The projects are located in
29 states, a list of which can be found at:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/06/0215.xml.
EDUCATION
The Department of Education will use $350 million of the ARRA Race to the
Top funds to assist states develop rigorous assessments linked to common
standards. In addition, the department provided estimated time frames for the
release of Race to the Top funds:
Late July 2009 - The department will publish a notice of proposed rulemaking in
the Federal Register, inviting public comment for 30 days on the
proposed grant application and the criteria for evaluating them.
October 2009 - Notice inviting applications will be published in Federal
Register.
December 2009 - Phase 1 applications will be due.
March 2010 - Phase 1 grants awarded, winners announced.
June 2010 - Phase 2 applications will be due.
September 2010 - Phase 2 grants awarded, winners announced.
For more information, see: http://www.ed.gov/news/pressreleases/2009/06/06152009a.html
ENERGY
The Department of Energy has announced $60 million to conduct resource
assessments and analysis of future demand for electricity transmission as well
as to facilitate the development of interconnection-wide transmission plans in
all three interconnections. It is expected that consortia of all states within
an interconnection would jointly apply for these grants. Grant applications are
due August 14, 2009.
To view the Funding Opportunity Announcement, search for reference number
DE-FOA-0000068 at the following website: https://www.fedconnect.net/Fedconnect/
HEALTH AND HUMAN SERVICES
1) On June 16, 2009, the Office of the National Coordinator for Health
Information Technology released the preliminary definition of meaningful use of
electronic health records (EHRs). ARRA included
incentive payments for eligible Medicare and Medicaid providers to increase the
adoption of EHRs. To receive the incentive payments,
providers must demonstrate "meaningful use" of a certified EHR. The
public comment period on the preliminary definition of meaningful use is open
through close of business Friday, June 26, 2009. Instructions on how to submit
public comment can be found at: http://healthit.hhs.gov.
Additional information on the Health Information Technology component of ARRA,
including a fact sheet and question and answer document is available at: http://www.cms.hhs.gov/Recovery/11_HealthIT.asp#TopOfPage.
2) On June 17, 2009, the Centers for Medicare and Medicaid Services (CMS)
released a State Medicaid Director letter to provide guidance on the
implementation of the ARRA. It summarizes the sections of ARRA that impact
Medicaid and CHIP and provides detail on the sections specific to payments that
should not be counted for purposes of determining eligibility. Below is a link
to the letter and its attachments:
http://www.cms.hhs.gov/SMDL/downloads/SMD061709.pdf
http://www.cms.hhs.gov/SMDL/downloads/SMD061709att.pdf
HOUSING
1) On June 9, 2009, the Department of Housing and Urban Development (HUD)
posted a Notice of Corrections to an earlier Notice of Allocations,
Applications, Application Procedures, and Requirements for the Homeless
Prevention and Rapid Re-Housing Program under ARRA. The Notice of Corrections
provides a corrected time line for HUD's review of HPRP Substantial Amendments;
provides authority for grantees to request waivers of certain provisions of the
HPRP Notice, and HUD to process those requests; clarifies that the District of
Columbia is classified as a Metropolitan City; provides a correction stating
that housing relocation and stabilization services may only be provided to any
program participant for up to 18 months; extends the time frame in which
eligible pre-award costs may be incurred; and allows for a 90-day grant
close-out period for reimbursement of eligible costs incurred within the 3-year
grant period. The Notice of Corrections can be found at: http://www.hudhre.info/index.cfm?do=viewWhatIsNew#wn65
2) HUD published a correction to the May 4, 2009, Notice of Funding
Availability (NOFA) for the Neighborhood Stabilization Program under ARRA (NSP
2). HUD also updated its list of Frequently Asked Questions (FAQ) for NSP 2.
The NOFA correction and updated FAQ can be seen at: http://portal.hud.gov/portal/page?_pageid=153,7973319&_dad=portal&_schema=PORTAL
TRANSPORTATION
1) On June 17, 2009, the Department of Transportation (DOT) published a revised
notice of funding availability (NOFA) for the $1.5 billion TIGER Discretionary
Grant program funded by ARRA. The program awards funds to state and local
governments that submit applications for capital investments in surface
transportation infrastructure, including highway or bridge projects, public
transportation projects, passenger and freight rail projects and port
infrastructure investments. The revised NOFA provides additional guidance on
the economic competitiveness criterion and the required cost-benefit analysis, clarifies several definitions and removes
certification requirements among other administrative changes. Grant
applications are due by September 15, 2009.
The Federal Register notice is available at: http://edocket.access.gpo.gov/2009/pdf/E9-14262.pdf
Additional program information can be found at: http://www.dot.gov/recovery/ost/
2) DOT published its High Speed Intercity Passenger Rail Program interim
program guidance for states and regions to apply for federal funds for high
speed rail as part of ARRA. The guidance provides the application requirements
and procedures to guide eligible applicants in seeking funding for high-speed
and intercity passenger rail. To view the guidance, click the
following link: http://www.fra.dot.gov/us/content/2243.
Weekly News
HEALTH AND
HUMAN SERVICES
1) Senate
Committee Holds Roundtable on Draft Health Reform Proposal
The Senate Health, Education, Labor and Pensions (HELP) Committee convened
the first of two roundtables to discuss health reform options and draft
legislation. The proposals include requiring every individual (except those who
cannot afford it) to obtain health insurance, changes to health insurance
rating rules, and the creation of health exchanges to purchase insurance.
Discussions also included the impact of a mandatory Medicaid expansion,
and how to pay for health reforms. A copy of the bill is available
at: http://help.senate.gov/BAI09A84_xml.pdf
2) Administration Proposes Additional Health Care Savings
On June 13, 2009, the administration announced six proposals intended to
reduce health care costs by $313 billion over 10 years. The proposals
include limiting the growth of Medicare fee-for-service payments by applying
productivity adjustments into Medicare payment updates ($110 billion in
savings), reducing disproportionate share hospital (DSH) payments ($106
billion, phased-in beginning in FY 2013), reducing payments to pharmaceutical
companies ($75 billion), adjusting payment rates for physician imaging
services, adopting MedPAC's recommendations
for payments to skilled nursing facilities, inpatient rehabilitation
facilities, and long-term care hospitals, and cutting waste, fraud, and
abuse. These proposals are in addition to those included in the
president's FY 2010 budget, which are estimated to generate $635 billion in
savings. The administration's fact sheet about the proposals can be accessed
at: http://www.whitehouse.gov/MedicareFactSheetFinal/
JUSTICE
1) Department of Justice (DOJ) Releases Solicitations for FY 2009 JAG
Funds
DOJ has released the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program FY 2009 state and local solicitations. State applications are due June
25, 2009, and local applications are due July 9, 2009. Note: these are the
annual JAG solicitations, which are separate from ARRA JAG solicitations. State
and local JAG allocations can be found at this link: http://www.ojp.usdoj.gov/BJA/grant/jag.html
2) The Office for Victims of Crime (OVC) has Released FY 2009 State Allocations
State allocations for FY 2009 Crime Victims Fund Compensation and Assistance
can be found at this link: http://www.ojp.usdoj.gov/ovc/fund/cvfa2009.html
ARRA News
AGRICULTURE
The Department of Agriculture announced 30 ARRA projects, funded at $57
million: $49 million for wood-to-energy grants and $8 million for biomass
utilization projects. The projects are located in 14 states, a list of which
can be found at:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/06/0206.xml
HEALTH AND HUMAN SERVICES
1) The Administration for Children and Families (ACF) released an Information
Memorandum that provides guidance on the flexibility within the Child Care
Development Block Grant (CCDBG). The guidance is intended to be a reference
tool for states in implementing the additional funding under ARRA and
developing their Child Care Development Fund plans. http://www.acf.hhs.gov/programs/ccb/law/guidance/current/im2009-01/im2009-01.htm
HOUSING
1) The Department of Housing and Urban Development (HUD) has posted a revised
notice of financial assistance (NOFA) for the FY 2009 Lead-Based Paint Hazard
Control Grant Program and Lead Hazard Reduction Demonstration Grant Program.
HUD inadvertently omitted a number of jurisdictions that are eligible for the
FY 2009 program from Appendix A. The revised Appendix A is available at: http://www.hud.gov/offices/lead/09NOFA/leadcombo.cfm
In addition, the deadline for submitting waiver requests to reduce the
statutory match amount from 25% to 10% is being extended from June 10, 2009 to
June 23, 2009. The period for HUD to review requests is extended from June 22,
2009, to June 30, 2009. The deadline for receipt of applications in HUD
headquarters remains 5:00 PM eastern time July 20, 2009.
2) HUD has also revised a May 7, 2009 NOFA for ARRA Capital Fund Recovery
Competition (CFRC) Grants. The revised NOFA corrects,
changes and clarifies a number of criteria established in the initial document.
The revised NOFA can be found at: http://www.hud.gov/offices/pih/programs/ph/capfund/ocir.cfm
JUSTICE
The deadline for local applications for ARRA Edward
Byrne Memorial Justice Assistance Grant (JAG) formula grant funds has been
extended to 8:00 p.m. (EST) on June 17, 2009. Because this is a
non-competitive formula grant program, the extension of this deadline does not
affect either eligibility or funding determinations. For more information on
Justice Assistance Grant (JAG) Program funding under ARRA, please visit: www.ojp.usdoj.gov/BJA/recoveryJAG/recoveryjag.html
LABOR
1) The Department of Labor (DOL) released a change to Training and
Employment Guidance Letter No. 09-08, revising guidelines for negotiating
Workforce Investment Act (WIA) Title 1B performance goals and Wagner-Peyser Act performance levels. The guidance can be
found at: http://wdr.doleta.gov/directives/corr_doc.cfm?docn=2770
2) DOL released a change to Training and Employment Guidance Letter No. 04-08,
explaining a supplemental Trade Adjustment Assistance (TAA) distribution to
states and the formula methodology to be used in distribution. It also
describes the process for states to request additional TAA program reserve
funds for training: http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2772
TRANSPORTATION
The House Transportation and Infrastructure Committee has issued
supplemental guidance regarding its transparency and accountability reporting
effort for direct recipients of ARRA formula funds. The committee requests that
recipients submit updated reports by June 15, 2009, and July 15, 2009. (Data in
these reports should reflect what has occurred as of May 31, 2009, and June 30,
2009, respectively.)
To view the supplemental guidance go to: http://transportation.house.gov/Media/file/ARRA/TI
Guidance June 4 2009.pdf
For more information, visit the T&I website: http://transportation.house.gov/singlepages/singlepages.aspx?NewsID=852
TREASURY
The Treasury Department has announced the availability of $25 billion for
the Recovery Zone Bonds program. The press release and state allocations
can be found at: http://www.treas.gov/press/releases/tg168.htm
Weekly News
HEALTH AND
HUMAN SERVICES
1) OIG
Releases Report on Unimplemented Recommendations
The OIG released a report that provides a comprehensive list of
unimplemented recommendations from its audits and evaluations, including those
of states. The recommendations cover areas such as Medicaid (excessive DSH
payments and limits on UPL), federal grant compliance, increased federal/state
oversight, and improving foster care recruitment. The full report is available
at http://www.oig.hhs.gov/publications/docs/compendium/compendium2009.pdf.
2) Children's Bureau Provides Additional Guidance on Guardianship Program
The Children's Bureau recently updated its Child Welfare Policy Manual to
reflect additional guidance on the Title IV-E Guardianship Program. The new information
relates to payments and eligibility and can be found at
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/updates_add.jsp.
3) New TANF Guidance on the Job Access and Reverse Commute Program (JARC)
A new Policy Instruction from the Administration for Children and Families
(ACF) clarifies the use of federal TANF funds to help meet the cost sharing
requirement under the Department of Transportation's JARC formula grant
program. The guidance is available at http://www.acf.hhs.gov/programs/ofa/policy/pi-ofa/2009/200904/pi200409.pdf.
4) Child Support Announces Fee Reductions for States
The Office of Child Support Enforcement announced a reduction in FY 2009 user
fees for the Federal Parent Locator Service (FPLS). This reduction is a result
of changes in federal spending needs and the addition of new users. Each
state's IV-D Director received a summary of the revised FY 2009 fee. The Dear
Colleague Letter can be accessed at http://www.acf.hhs.gov/programs/cse/pol/DCL/2009/dcl-09-16.htm.
5) HHS Announces Funding Availability for Lifespan Respite Care Programs
HHS announced the release of $2.5 million for states to expand and enhance
respite care services to family members. Approximately 10 - 15 states will receive
up to $200,000 for a three-year period. These projects cover all types of
respite recipients, including family members, foster parents, or other adults.
A letter of intent for the application is due June 19, 2009. The application is
available at http://www.aoa.gov/AoARoot/Grants/Funding/index.aspx.
JUSTICE
1) House Appropriations Markup Includes Funds for the State Criminal Alien
Assistance Program (SCAAP)
The House Appropriations Subcommittee held a mark-up of the
Commerce/Justice Appropriations bill. The bill includes $300 million for SCAAP
despite the proposed elimination of the program in the FY 2010 president's
budget. The program was funded at $400 million in FY 2009.
2) Justice Department Approves One-Year Extension for Sex Offender Registry
Requirements
Attorney General Eric Holder has approved a one-year extension for all states
to comply with the Sex Offender Registration and Notification Act (SORNA) provisions
of the Adam Walsh Child Protection and Safety Act. All jurisdictions now have
until July 27, 2010, to achieve substantial compliance with SORNA's
requirements for registering and monitoring sex offenders. In addition, states
may request another one-year extension.
ARRA News
AGRICULTURE
1) Agriculture Secretary Vilsack announced projects
funded by ARRA for roads maintenance and decommissioning and associated
watershed restoration. The 106 projects, funded at more than $228 million, are
located on Forest Service land in 31 states. For a list of funding by state:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/06/0194.xml
2) USDA will provide nearly $42.3 million in additional funding to 14 states
for watershed projects. A list of funding by state:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/06/0190.xml
3) Notice of Funds Availability (NOFA) to announce funding for the 2008
Aquaculture Grant Program under ARRA:
http://edocket.access.gpo.gov/2009/E9-12816.htm
4) Request for application to implement WIC state agency model (SAM), which
includes equipment purchase. Applicants must have completed Feasibility Study/Alternatives
Analysis and have approved Implementation Advance Planning Document (IAPD). The
application is due June 26, 2009:
http://www.fns.usda.gov/fns/recovery/recovery-wic.htm
5) Request for application for WIC misc. technology grants to enhance/update
MIS, implement food package changes and achieve EBT readiness; conduct MIS
planning; fund PAPDs; and conduct other MIS projects.
Applicants must have received FNS approval of APD documents, if appropriate.
Applications are due June 26, 2009. http://www.fns.usda.gov/fns/recovery/recovery-wic.htm
EDUCATION
Letter from Secretary of Education Duncan to chief state school officers
regarding the authorization of Qualified School Construction Bonds (QSCBs) and Build America Bonds (BABs),
and the extension of Qualified Zone Academy Bonds (QZABs).
http://www.ed.gov/policy/gen/guid/secletter/090529.html
HEALTH
HHS announced the availability of $200 million in ARRA funds to support
student loan repayments for primary care medical, dental, and mental health
clinicians who want to work at National Health Service Corps (NHSC) sites. In
exchange for the loan repayments, clinicians serve for two years with the
Corps. Primary care practitioners interested in applying for loan repayments
should visit http://nhsc.hrsa.gov. To see a
list of opportunities available by state, go to http://www.hhs.gov/recovery/programs/nhsc/vacancies.html.
LABOR
The Employment and Training Administration (ETA) at the Department of Labor
(DOL) requires all states to submit a WIA and Wagner-Peyser
(Employment Service) State Plan modification describing strategies to respond
to the economic downturn and implement the Recovery Act by June 30, 2009. This
June 30, 2009 submission will cover the period of July 1, 2009 through June 30,
2010. ETA reviews and approves plans within 90 days of receipt of the plan. All
state plans can be accessed at: http://www.doleta.gov/USWORKFORCE/WIA/planstatus.cfm
Weekly News
GENERAL
ADMINISTRATION
1) Administration Releases Memo on Federalism
President Obama issued a memorandum to executive
departments and agencies outlining his administration's policy on federalism.
The memo calls for the preemption of state law by federal agencies “only with full consideration of the legitimate
prerogatives of the states and with sufficient legal basis for preemption. In
addition, the document provides guidance on how and when agencies and
departments may include statements of preemption. Specifically, it limits
regulatory statements regarding preemption and requires heads of departments
and agencies to review regulations issued within the past 10 years that contain
statements preempting state law. The memorandum is available at http://www.whitehouse.gov/the_press_office/Presidential-Memorandum-Regarding-Preemption/.
2)
On May 29, 2009, President Obama
announced the results of a 60-day comprehensive review of
http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-on-Securing-Our-Nations-Cyber-Infrastructure.
HEALTH
1) Senate Finance Committee Outlines Policy Options for Financing
Health Care Reform
The Senate Finance Committee released the final in a series of three policy
options documents. The document focuses on additional policies to finance
health reform proposals. The text of the financing options is available at:
http://www.finance.senate.gov/sitepages/leg/LEG
2009/051809 Health Care Description of Policy Options.pdf.
An earlier policy options document includes options for health insurance market
reforms. It also includes three potential policies for a public health
insurance option. In addition, the policy options propose three possible ways
to standardize Medicaid eligibility for all parents, children and pregnant
women below 150% of the Federal Poverty Level (FPL). The policy options also
call for all other individuals at or below 115% of the FPL to receive a subsidy
to purchase health care coverage. Several other changes to the Medicaid program
are proposed, including policies to simplify and streamline enrollment and
retention in the program, expand access to home and community-based services
and create an automatic counter-cyclical stabilizer to sustain the program
during economic downturns. Note that the FMAP formula proposed in the paper
(pp. 29-30) is problematical and undergoing revision. http://www.finance.senate.gov/sitepages/leg/LEG
2009/051109 Health Care Description of Policy Options.pdf
2) Community Health Centers Receive Additional Funds
On May 28, 2009, the Department of Health and Human Services (HHS)
announced the release of $81.7 million in FY 2009 non-ARRA funds to expand
services provided by Community Health Centers. Of the total, $25.6 million is
to expand medical capacity at 54 existing health centers. The remaining $56.1
million will supplement all health centers' base grant awards to offset rising costs
associated with maintaining current service levels.
A listing of grants can be found at: http://www.hhs.gov/news/press/2009pres/05/20090528a.html.
In FY 2009, the
3) HHS Announces Availability of $75 million to States to Expand
Health Insurance Coverage
On May 20, 2009, HHS announced the availability of
$75 million to help states expand health insurance access. Grants will be made
in two categories. Target grants of $2 million to $4 million will be awarded to
states with plans to target specific groups of uninsured. Comprehensive grants
of $7 million to $10 million will be awarded to states for extensive insurance
coverage initiatives. Below is a link to the application: http://www.hrsa.gov/statehealthaccess/.
The deadline is June 15, 2009. The grants will be made over a five year period
and require a 20% match unless a state demonstrates a financial hardship.
Additionally, the application must have the support of the state's governor,
and the state must demonstrate their ability to sustain the program after the
five-year period.
This program was authorized and funded by the FY 2009 Omnibus Appropriations
bill. The president's budget requests $75 million for this program in FY
2010.
4) CMS State Health Official Letter Provides Guidance on New CHIP
Option
The Centers for Medicare and Medicaid Services (CMS) released a State
Health Official letter on May 11, 2009, that provides additional information on
a provision contained in the Children's Health Insurance Program
Reauthorization Act of 2009 (CHIPRA, P.L. 111-3). Specifically, the new law
gives states the option of providing necessary prenatal, delivery, and
postpartum care to low-income uninsured pregnant women through an amendment to
its State Child Health Plan. The letter provides information on the new
option and guidance on amending the state plan. The letter is available at: http://www.cms.hhs.gov/SMDL/downloads/SHO051109.pdf
5) HHS, DOJ Announce Joint Health Care Fraud Initiative
Attorney General Eric Holder and HHS Secretary Kathleen Sebelius
yesterday announced the creation of a new interagency effort, the Health Care
Fraud Prevention and Enforcement Action Team (HEAT), to combat Medicare fraud.
They also announced the expansion of the Medicare Fraud Strike Force team
operations to
ENVIRONMENT
EPA Published New Allocation Percentages for the Drinking Water State Revolving
Fund
On May 28, 2009, the Environmental Protection Agency (EPA) published in the
Federal Register the revised Drinking Water State Revolving Fund (DWSRF)
allotments that reflect the results from EPA's most recent Drinking Water
Infrastructure Needs Survey and Assessment. The revised state allotment
percentages will be the basis for distributing the DWSRF program appropriations
to the states for the next four years (FY 2010 - FY 2013). The notice also
includes state dollar allocations based on the $1.5 billion funding level
contained in the president's FY 2010 budget. The allotments can be found at: http://edocket.access.gpo.gov/2009/pdf/E9-12470.pdf
HUMAN SERVICES
HHS Publishes Interim Final Rule Lifting Restriction on TANF Carryover Funds
The Administration for Children and Families at HHS published an interim
final rule to allow states, tribes and territories to use Temporary Assistance
for Needy Families (TANF) program funds carried over from a prior year for any
allowable TANF benefit, service or activity. Previously, these funds could be
used only to provide basic cash assistance. Effective immediately, this rule
applies to states, local governments, and tribes that administer the TANF
program and is in accordance with a statutory change to section 404 (e) of the
Social Security Act (42 U.S.C. 604 (e)) as enacted in the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5). Comments on the interim final rule are due on or before July 27, 2009. See the
following link for more information: http://edocket.access.gpo.gov/2009/pdf/E9-12187.pdf.
TRANSPORTATION
House Approves FAA Reauthorization Bill
On May 21, 2009, the House approved the Federal Aviation Administration (FAA)
Reauthorization Bill (H.R. 915). The bill provides $53.5 billion for FAA
capital programs from FY 2010 to FY 2012 including $12.3 billion for the
Airport Improvement Program (AIP), $10.1 billion for FAA Facilities &
Equipment, $30.3 billion for FAA Operations, and $794 million for Research,
Engineering, and Development. This bill would increase funding for the AIP from
roughly $3.5 billion for FY 2008 and FY 2009 to about $4.1 billion per year
from FY 2010 - FY 2012. The bill would amend the program to increase passenger
facility charges that can be imposed by an eligible agency to finance eligible
airport-related projects. The bill also provides funds to accelerate the
implementation of Next Generation Air Transportation System to enable the FAA
to make needed repairs and replacements of existing facilities and equipment,
and provide for the implementation of high priority safety related systems.
For more information on H.R. 915 see: http://transportation.house.gov/News/PRArticle.aspx?NewsID=926
More information can be found at: http://www.faa.gov/airports_airtraffic/airports/aip/.
ARRA News
GENERAL
ADMINISTRATION
The Office of Management and Budget (OMB) issued its compliance supplement to
assist auditors in performing required audits. For the first time, the
supplement addressed the treatment of funds under ARRA. OMB notes,
however, that additional guidance is required to cover issues unique to ARRA
funds. OMB is expected to release additional guidance regarding audits of
ARRA funds in late June. The OMB supplement is available at http://www.whitehouse.gov/omb/circulars_a133_compliance_09toc/
AGRICULTURE
1) Agriculture Secretary Vilsack announced the
selection of nearly $143 million in water and environmental projects that are
being funded through ARRA. The projects will help provide safe drinking water
and improved wastewater treatment systems for rural towns and communities in 21
states through Rural Development's Water and Environmental Program.
Project list for water and wastewater funding: http://www.usda.gov/documents/ARRA_Water_Funding.pdf
2) Secretary Vilsack announced the selection of
nearly $56.6 million in essential community facilities and emergency responder
projects that are being funded through ARRA. The 267 projects will help
communities in 39 states. All of the funding is being provided through USDA
Rural Development's Community Facilities program, which helps finance and
develop essential community facilities for public use in rural areas. These
facilities include childcare centers, hospitals, medical clinics, assisted
living facilities, fire and rescue stations, police stations, community
centers, public buildings and transportation. These funds are available to
public bodies, non-profit organizations, and recognized Indian tribes. For a
list of funding by state:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/05/0172.xml
3) Secretary Vilsack announced projects funded by
ARRA for invasive species projects. In total, there are 19 projects, funded at
more than $38 million, in 14 states. For a list of funding by state:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/05/0167.xml
4) Secretary Vilsack announced $224 million for 110
hazardous fuels reduction and ecosystem improvement projects funded by ARRA.
The projects are located on forested lands in more than 26 states and
territories. Hazardous fuels activities include reducing the volume of
hazardous fuels on federal forests and grasslands and on lands owned by states,
local governments, private organizations, and individual land owners through
financial assistance and partnership agreements. Ecosystem improvement
activities, which are designed to improve and protect forest health, include
thinning, removal of competing vegetation, planting native species, and
constructing new stream channels and ponds. For a listing of the hazardous
fuels and ecosystem restoration projects, go to:
http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2009/05/0147.xml
EDUCATION
The Department of Education has issued a notice inviting applications for
grants under the Teacher Quality Partnership Grants Program, which received
$100 million under the ARRA. For more information, view the following notice
from the Federal Register:
http://edocket.access.gpo.gov/2009/E9-12180.htm
ENERGY
President Obama announced more than $467 million from
ARRA to expand and accelerate the development, deployment, and use of
geothermal and solar energy throughout the
MEDICAID/FMAP
An Office of Inspector General (OIG) report released on May 22, 2009, found
that the HHS Office of the Assistant Secretary for Planning and Evaluation
(ASPE) correctly calculated the temporary FMAP increases for the first and
second quarters of FY 2009. As such, the report contains no recommendations.
The complete report can be found at: http://oig.hhs.gov/oas/reports/region9/90900075.pdf
HOMELAND SECURITY
On May 29, 2009, the U.S. Department of Homeland
Security (DHS) released application guidance for more than $500 million in
Federal Emergency Management Agency (FEMA) preparedness grants funded by ARRA.
The guidance includes $150 million for the Port Security Grant Program (grant
application due June 29, 2009), $150 million for the Transit Security Grant
Program (grant applications due June 15, 2009 for the operational package and
June 29, 2009 for capital projects), and $210 million for the Fire Station
Construction Grant Program (grant application due July 10, 2009). The guidance
and applications can be found at: http://www.fema.gov/government/grant/arra/index.shtm
NUTRITION
1) Link below to guidance on Employment and Training Certification for SNAP:
http://www.fns.usda.gov/snap/rules/Memo/2009/052109.pdf
2) Link below to the Emergency Assistance Food Program (TEFAP) reporting
requirements under ARRA:
http://www.fns.usda.gov/fdd/programs/tefap/TEFAP-ARRAreportingGuidance.pdf
TRANSPORTATION
1) The Federal Aviation Administration (FAA) recently updated a table that
shows FY 2009 funds for discretionary airport grants. ARRA included $1.1
billion for airport-related purposes, with priority given to projects that can
be awarded by June 17, 2009, and completed by February 16, 2011. As of May 22,
2009, $1.084 billion in funds have been released. Amounts by state and by
project can be found on the tab labeled FY 2009 Cumulative Approved ARRA Grants
at: http://www.faa.gov/recovery/programs/
2) The Federal Highway Administration (FHA) maintains a Question and Answer
document that covers ARRA-related issues raised by state Departments of
Transportation (DOTs). The document was last updated
on May 20, 2009, and includes additional questions related to collecting and
estimating jobs under ARRA. The document is available at: http://www.fhwa.dot.gov/economicrecovery/qandas.htm
TREASURY
On May 27, 2009, Treasury Secretary Tim Geithner announced $1.5 billion in New Markets Tax Credit
(NMTC) awards for 32 organizations throughout the country. The 32 organizations
receiving awards have identified principal service areas covering 33 states, the