Senate Approves SCHIP, CR, Debt Limit Increase 

Yesterday, the Senate approved by a veto-proof majority H.R. 976, to reauthorize the State Children's Health Insurance Program (SCHIP). The Congressional Budget Office estimates the measure would provide coverage for approximately four million eligible but unenrolled children. The program expires on Sunday, September 30. The Senate also cleared the House-passed continuing resolution (CR) to fund federal agencies through November 16, at FY 2007 levels (H.R. Res. 52). The CR includes short-term extensions of SCHIP, the Food Stamp program and the Federal Aviation Administration. Finally, the Senate approved H.J. Res. 43, which would increase the statutory debt ceiling by $850 billion to $9.815 trillion. The current limit is projected to be reached on  October 1. The House automatically approved a debt ceiling increase when it adopted the conference report to the budget resolution in May.


House Passes CR

Yesterday, the House passed a continuing resolution (CR)  to fund federal agencies at FY 2007 levels through Friday, November 16 (H.R. Res. 52). It includes a short-term extension of the State Children's Health Insurance Program (SCHIP). It also contains short-term extensions of the Trade Adjustment Assistance program and Federal Aviation Administration financing.

House Would Extend Health Programs, Delay Tamper-Proof Prescription Requirement

Yesterday, the House approved H.R. 3668, which provides an extension of transitional medical assistance (TMA), abstinence education and the qualifying individuals (QI) program through December 31, 2007. It also would delay for six months the requirement that all non-electronic Medicaid prescriptions be written on tamper-resistant pads. On September 25, the Senate approved a stand-alone measure for a six-month delay of the tamper-resistant pad requirement (S. 2085).

HHS Releases LIHEAP Contingency Funds

The Department of Health and Human Services (HHS) announced the release of $131 million in contingency funds from the Low-Income Home Energy Assistance Program (LIHEAP). Later today, FFIS will release an Issue Brief describing the new allocations.

House Committee Approves Mental Health Parity Bill

The House Ways and Means Committee approved the Paul Wellstone Mental Health and Addiction Equity Act (H.R. 1424). The bill would require most health insurance plans to make mental health benefits equal to medical and surgical benefits. The Senate passed its version of mental health parity legislation on September 18 (S. 558). While both bills would permit stronger state mental health parity laws, only the House bill would require health plans offering mental health benefits to cover the same mental health and addiction disorders that are included in the health plans used by Members of Congress. The House bill has an effective date of January 1, 2008 while the Senate bill would not be effective until January 1, 2009. The Congressional Budget Office estimates the House bill would cost $1.1 billion over five years and $3.1 billion over 10 years. No financing mechanism has been identified for the bill to date. The administration supports mental health parity legislation, but favors the Senate's approach.

House Committee Approves HOPE VI Bill

The House Financial Services Committee approved H.R. 3524, to reauthorize the HOPE VI program. HOPE VI provides funding to upgrade and replace public housing.


House Passes SCHIP Agreement

Last night, the House passed H.R. 976, which reauthorizes the State Children's Health Insurance Program (SCHIP) by a vote of 265-159. The House vote was short of the 290 votes needed to override an expected veto. The compromise includes changes to the funding formula, a moratorium on efforts to impose restrictions on Medicaid rehabilitation and school-based services, dental health services and mental health parity.

FFIS will be releasing an Issue Brief later today that displays state-by-state funding estimates for the new bill, prepared by the Congressional Research Service.

CR in House Today

The House is scheduled to consider a continuing resolution (CR) today to fund federal agencies through Friday, November 16, at fiscal year (FY) 2007 levels. It includes a short-term extension of SCHIP that would make the $5 billion baseline funding available for state SCHIP allotments for FY 2008. It also addresses redistribution of any unexpended FY 2005 SCHIP funds for states that experience a funding shortfall in FY 2008. The CR includes short-term extensions for the Trade Adjustment Assistance (TAA) program and the Federal Aviation Administration (FAA).

House and Senate Pass TAA Extension

Yesterday, the House and Senate yesterday passed H.R. 3375, to extend trade adjustment assistance (TAA) programs for three months, beginning October 1, 2007.

Expanded SCAAP Scope in Works

Yesterday, a House subcommittee approved H.R. 1512. The FY 2006 Department of Justice appropriations law (P.L. 109-162) required that, beginning in FY 2007, SCAAP funds could be used only to reimburse the costs of detaining illegal immigrants for "correctional purposes." Under H.R. 1512, SCAAP funds would reimburse the imprisonment costs for illegal immigrants charged with a crime, regardless of a subsequent conviction.


SCHIP Language Available

Yesterday, House and Senate leaders released the language of the bill to reauthorize the State Children's Health Insurance Program (SCHIP) (H.R. 976). The House is expected to vote on the bill today and the Senate as early as tomorrow. The bill provides a $35 billion increase in SCHIP funding, bringing total funding to approximately $60 billion over five years. The new funding would be provided by a 61-cents per pack increase in the federal tobacco tax. Some House Democrats may vote against the bill because it contains a higher cigarette tax increase than passed the House in August. The president is expected to veto the bill. The bill language can be found at the following link: http://rules.house.gov/announcement_details.aspx?NewsID=3032

Senate Adopts Water Resources Conference Report


The Senate has adopted the conference report to the Water Resources Development Act, which the House adopted on August 1. The measure authorizes $23.2 billion for Army Corps of Engineers projects. The White House has issued a veto threat; however, the measure passed with veto-proof majorities in both chambers.

House Passes Short-Term FAA Extension

Yesterday, the House passed H.R. 3540, the Federal Aviation Administration Extension Act of 2007, which extends Federal Aviation Administration (FAA) programs and existing taxes until December 31, 2007.


SCHIP Deal Reached

Congressional leaders have reached an agreement on reauthorizing the State Children's Health Insurance Program (SCHIP). The compromise resembles the Senate-passed version but would adopt the funding formula in the House-passed version, capped at $60 billion over five years. It is expected to include $300 million for dental coverage. If vetoed, Congress would need to approve a temporary extension to keep the program running, possibly as part of a continuing resolution.

House Passes TRIA Extension

Yesterday, the House passed H.R. 2761, which extends the Terrorism Risk Insurance Act (TRIA) for 15 years. The post-9/11 program established a temporary federal backstop for property and casualty insurance losses resulting from acts of terrorism, capping potential industry losses. H.R. 2761 would expand the program to include coverage for group life insurance, require insurance carriers to offer coverage for nuclear, biological, chemical and radiological attacks beginning in 2009 and lower the damage trigger for federal government involvement to $5 million from $100 million. No companion bill has been introduced in the Senate. The current extension expires December 31, 2007.


Entitlement Reform Moves Onto Agenda

Yesterday, Senate Budget Committee leaders announced a bill that would create a task force to address entitlement reform (S. 2063). The task force would be comprised of 14 members of Congress and two administration officials, with the Secretary of the Treasury serving as chair. It would report to Congress no later than December 9, 2008, and its recommendations would be introduced as legislation shortly after Congress convenes in January 2009. Consideration would be expedited, with limited floor debate, no amendments and a three-fifths vote in both chambers for passage. A similar bill is expected to be introduced in the House next week.

Senate Passes Mental Health Parity Bill

Yesterday, the Senate approved the Mental Health Parity Act of 2007 (S. 558). The bill would not preempt tougher state mental health parity laws. The House Ways and Means Committee is scheduled to mark-up a companion measure today.

House Committee Approves Two Airport Bills

Yesterday, the House Ways and Means Committee approved two airport financing bills. H.R. 3540, the Federal Aviation Administration Extension Act of 2007, extends the current taxes that fund the Airport and Airways Trust Fund (AATF) through December 31, 2007, while also extending the AATF's spending authority. Both are set to expire September 30, 2007.

A second bill, the Airport and Airway Trust Fund Financing Act of 2007 (H.R. 3539), would increase taxes on noncommercial flights and extend other existing aviation taxes through September 30, 2011. It would increase the jet fuel tax for general aviation from 21.8 cents per gallon to 35.9 cents per gallon and the general aviation gas tax from 19.3 cents per gallon to 24.1 cents per gallon. The fuel tax and gas tax for commercial flights would stay the same.

House Committee Approves Trade Adjustment Extension

Yesterday, the House Ways and Means Committee approved a short-term extension of trade adjustment assistance programs, including Trade Adjustment for Workers, Trade Adjustment for Firms and Trade Adjustment for Farmers. Under H.R. 3375, the programs would be extended for three months, until December 31, 2007.


Federal-Aid Highway Finance Report Available 

The Federal Highway Administration (FHWA) first prepared its report, Financing Federal-Aid Highways, in January 1974 to describe the basic process involved. The report has been modified following enactment of new highway or surface transportation acts to reflect changes.With enactment of Public Law 109-59, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the report has been updated to incorporate the changes in financing procedures brought about by that act. The report follows the financial process from inception in an authorization act to payment from the Highway Trust Fund, and includes discussion of the congressional and federal agency actions that occur throughout. It is available at the following link:http://www.fhwa.dot.gov/reports/financingfederalaid/index.htm.

SCHIP Agreement in the Works

Members of the House and Senate are making progress on an agreement to reauthorize the State Children's Health Insurance Program (SCHIP). The compromise is based largely on the Senate version of the bill, which provides a five-year, $35 billion expansion (on top of $25 billion) and excludes changes to Medicare Advantage plans. Like the Senate bill, the agreement includes a 61-cent increase in the federal tobacco tax. Congress intends to send a bill to the president prior to the program's September 30 expiration date. The administration has reiterated its threat to veto the bill.


FAQ's on Tamper-Resistant Prescriptions

On August 17, 2007, the Centers for Medicare and Medicaid Services (CMS) issued a "State Medicaid Director" letter offering guidance to state Medicaid agencies on the new requirement for tamper-resistant prescription pads. CMS received a number of questions from states about implementation. CMS has developed a Frequently Asked Questions (FAQ) document to assist states as the October 1, 2007, implementation date approaches.This document is available at
http://www.cms.hhs.gov/DeficitReductionAct/30_GovtInfo.asp#TopOfPage.


Senate Appropriations Update:

Transportation-HUD. Yesterday, the Senate passed S. 1789/H.R. 3074, the FY 2008 Transportation-Housing and Urban Development (HUD) appropriations bill. It includes an amendment to obligate an additional $1 billion from the Highway Trust Fund to upgrade and repair bridges. It also includes an amendment to appropriate the remaining $195 million of the $250 million authorized before the August recess for repair of the collapsed 1-35W bridge in Minneapolis. The bill would fund the Community Development Block Grant at $4.2 billion ($408 million more than FY 2007). It is not known whether the Senate and House will conference the bill separately or fold it into a larger appropriations package in an attempt to avoid a threatened veto.

Defense. Yesterday, the Senate Appropriations Committee approved its FY 2008 spending bill for the Department of Defense. The measure is similar to the House bill that passed in August.

Senate Committee Approves Debt Ceiling Boost


The Senate Finance Committee approved H.J. Res. 43, which increases the statutory debt ceiling by $850 billion to $9.815 trillion. The current debt limit is projected to be reached in early October. The House automatically approved a debt ceiling increase when it adopted the conference report to the budget resolution in May.


Deadline for Requesting Real ID Extension Extended

At a hearing yesterday, Department of Homeland Security (DHS) Secretary Michael Chertoff said that the deadline for requesting extensions in implementing Real ID requirements will be February, 2008 rather than October, 2007. DHS issued a proposed rule for implementing the Real ID Act (PL 109-13) in March 2007, and is expected to issue the final rule in October 2007. According to DHS, states may receive an extension on implementing the Real ID Act until December 31, 2009.

Continuing Resolution in the Works

Congressional staff is said to be working on a continuing resolution (CR) that would expire on Friday, November 16. The fiscal year ends on September 30, and the appropriations process is unlikely to be completed by that time (the House has passed all 12 of its spending bills; the Senate has passed three). The CR also may include short-term extensions of the Farm Bill and the State Children's Health Insurance Program.


Senate Adopts Bridge Funding Amendment

An amendment to the FY 2008 Department of Transportation appropriation bill (S. 1789) passed yesterday. It would increase states' federal-aid highways obligation limitation by a total of $1 billion for the stated purpose of increasing the amount of funds available for the highway bridge program. This amendment would not increase budget authority for the bridge program, only allow greater flexibility to states for accessing apportionments they already are scheduled to receive. However, it would be done in the face of zero expected balances in the Highway Trust Fund in FY 2009, when most of the spending would be expected to begin. With a zero balance, there could be no outlays to reimburse states for their expenditures until additional resources could be generated.

44 Senators Send SCHIP Letter

Yesterday, 44 senators sent a letter to the president requesting that the administration rescind its guidance to prevent "crowd-out" in the State Children's Health Insurance Program (SCHIP). At a minimum, the senators requested that the administration pursue its new policy through the rule-making process.


College Cost Reduction Act Heads to President

Last Friday, the Senate and House adopted the conference report to the College Cost Reduction Act (H.R. 2669). The president is expected to sign it.

The measure fulfills budget reconciliation instructions to cut $750 million in education costs. It reduces student loan subsidies by $20 billion and reinvests most of the savings. Among its provisions are the following:

°  Increases the Pell grant maximum to $5,400 by 2012
°  Reduces interest rates on student loans for low-and middle-income students from 6.8% to 3.4% by 2011
°  Creates an auction for the right to offer PLUS loans
°  Offers grants to students who agree to teach in high-need subjects through a new TEACH grant program and
°  Provides loan forgiveness and capped annual loan payments for college graduates who enter public service.


Senate Appropriations Update

Veterans Affairs.
Yesterday, the Senate passed its Military Construction-VA appropriations bill for FY 2008. A total of $43 billion is provided for the Department of Veterans Affairs, $3.6 billion more than the president's request and $6.5 billion more than FY 2007. The measure funds base realignment at $8.2 billion.


Higher Ed Reconciliation Bill Set

Conferees have completed work on H.R. 2669, the College Cost Reduction Act, which meets the budget reconciliation instruction to cut $750 million in education costs. The bill reduces student loan subsidies by $20 billion and reinvests most of the savings into other areas of higher education. The final agreement also increases the Pell grant maximum to $5,400 by 2012. The House must wait at least 24 hours before voting on the report and the Senate must wait at least 48 hours.


Congress Returns

Congress returns today from its August recess. There is less than one month before FY 2008 begins;  therefore, Congress is likely to rely on a continuing resolution to fund government programs until spending bills have been finalized. To date, the full Senate has approved only the Homeland Security spending bill (10 others have been reported out of committee). The House has passed all of its appropriations bills but still needs to conference them with the Senate. The administration has threatened to veto any that exceed the president's proposed discretionary spending levels. 

The House and Senate  have passed different versions of a bill to reauthorize the State Children's Health Insurance Program, and informal negotiations are ongoing to reconcile the measures. The president has threatened to veto either proposal.

CMS Issues Proposed Rule

On Friday, August 31, the Centers for Medicare and Medicaid Services (CMS) issued
a proposed rule to restrict Medicaid reimbursement for school-based administrative
and transportation services. CMS estimates that the changes will reduce federal Medicaid expenditures by $3.6 billion over five years. Comments are due by Tuesday, November 6.

The proposed rule is http://inside.ffis.org/ff/0904CMS.pdf.

HHS Announces Additional Pandemic Flu Funding

On Thursday, August 30, the Department of Health and Human Services (HHS) announced the availability of $75 million to states, territories and four metropolitan areas to help strengthen their capacity to respond to a pandemic influenza outbreak. A state by state listing of funding is available at: http://www.hhs.gov/news/press/2007pres/08/pr20070830a.html.