May 29, 2007

CMS Announces Final Rule on Provider Cost Limits

The Centers for Medicare & Medicaid Services (CMS) has announced its final rule on cost limits for providers operated by units of government (CMS-2258-FC); the rule is published in today's Federal Register, with a 60-day comment period. The publication of the rule does not affect the provisions of the FY 2007 supplemental appropriations bill; there still will be a one-year delay in the rule's implementation.

SCHIP Redistributions

The SCHIP FYs 2004-2005 redistributions (to provide additional funds for FY 2007 shortfalls) were printed in today's Federal Register, as expected, and can be found here.

 

May 25, 2007

Congress Passes FY 2007 Supplemental

The House and Senate have approved a $120 billion FY 2007 emergency supplemental, the U.S. Troop Readiness, Veterans' Care, Katrina Recovery and Iraq Accountability Appropriations Act, 2007 (H.R. 2206).

The bill includes two amendments. The first one provides $22.2 billion for security and domestic priorities, including $14.5 billion for defense, veterans health care, base realignment and closure, military housing and homeland security; $2.9 billion for Hurricane Katrina/Gulf Coast relief;  and $4.8 billion for domestic programs, including the State Children's Health Insurance Program, agriculture disaster relief, wildland firefighting, and the Secure Rural Schools program. It also contains a minimum wage increase/small business tax package.

The second amendment addresses war funding and Gulf Coast recovery.

The new supplemental rescinds $871 million in unobligated highway contract authority that was apportioned to states. It also prohibits the administration from taking action to finalize or otherwise implement proposed regulations relating to Medicaid funding. The prohibition is effective for one year and would apply to proposed rules on Medicaid public providers and graduate medical education. The president is expected to sign the bill.

Congress has recessed for Memorial Day and will return on Monday, June 4.

Senate Passes Byrne Reauthorization

The Senate has voted to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program. S. 231 provides $1.1 billion annually through FY 2012 in grants for state and local law enforcement efforts focusing on violent crime, including drug task forces, community crime prevention programs, substance abuse treatment programs and prosecution initiatives. It also supports multijurisdictional task forces to combat drug and firearm traffickers, gangs, and organized crime.

 

May 24, 2007

House Passes Veterans' Services Bills

Yesterday, the House passed a series of bills to expand services for veterans. These include H.R. 67, which would authorize $25 million per year from FY 2007 through FY 2009 for a new grant program for state veterans' outreach; H.R. 2239, which would extend eligibility for vocational rehabilitation benefits to disabled service members who are not yet discharged from the military but who are likely to be discharged because of their condition; H.R. 2199, which would authorize new research centers for traumatic brain injury and mandate a comprehensive program for treating traumatic brain injuries at VA health centers; and H.R. 612, which would extend the term of free health care for returning service members from two to five years.

House Subcommittees Approve FY 2008 Spending Bills

Yesterday, the House Appropriations Subcommittee on Interior and Environment approved its FY 2008 spending bill. It includes higher funding for state grants and the clean water state revolving fund. Interior Department programs also would receive an increase.

The House Appropriations Subcommittee on Energy and Water also approved its FY 2008 spending bill. It provides a $1.1 billion increase over the administration's request and $1.3 billion more than the current fiscal year. The full Appropriations Committee is expected to consider both bills in June.

 

May 23, 2007

Deal Reached on FY 2007 Supplemental

 

A tentative deal is said to have been reached on the FY 2007 supplemental spending bill to fund the war in Iraq. On Thursday, the House plans to bring up the Senate-passed placeholder, substitute it with the new agreement and send it back to the Senate. This avoids the need to take the measure to conference. Senate consideration would follow either later on Thursday or on Friday.

 

Although not yet finalized, it appears the substitute would include two amendments: one would include the president's request for $100 billion in war funding, remove a troop withdrawal time line and require that benchmarks be met for economic aid for Iraq; the other amendment would contain domestic spending, including hurricane relief, the State Children's Health Insurance Program and a minimum wage increase/small business tax package. Funding for agriculture assistance and homeland security may have been reduced, and funding for low-income energy assistance, county Forest Service payments and pandemic flu preparations may have been eliminated.

 

May 22, 2007

House Passes Omnibus Competitiveness Bill

Yesterday, the House passed H.R. 2272, an omnibus competitiveness bill that combines several bills already adopted individually. The replaced bills (H.R. 362, H.R. 363, H.R. 1867, H.R. 1868 and H.R. 1068) were in response to a 2005 National Academies report, which forecast technology job losses in the United States absent an increase in spending on and attention to math and science research and education. A conference with the Senate on its competitiveness bill (S. 761) is not yet scheduled.

2004 SCHIP Redistribution

The Office of Management and Budget has cleared for release a Federal Register notice of the redistribution of unexpended FY 2004 State Children's Health Insurance Program (SCHIP) funds. The announcement should be published shortly.

 

May 21, 2007

Medicare Part D Vaccine Administration

The administration has announced that beginning in 2008 costs for administering vaccines will be reimbursable under the Medicare Part D program. This may be compared to the Vaccines for Children program, where state costs of administering the program are not reimbursable.

CMS Publishes Proposed Rule Regarding Graduate Medical Education

 

The Centers for Medicare and Medicaid Services (CMS) published a proposed rule Friday in the Federal Register that would limit Medicaid reimbursement for graduate medical education. That proposed rule may be viewed here.

Congress Adopts Budget Resolution Conference Report

Last week Congress adopted the conference report to the FY 2008 budget resolution (H. Rpt. 110-153).

Senate Passes "Placeholder" Supplemental

The Senate passed a substitute amendment to the House-passed FY 2007 emergency war supplemental spending bill (H.R. 2206). The placeholder was approved as a means to expedite sending the measure to conference and advancing negotiations between congressional leaders and the White House. On May 10, the House passed a two-tier, short-term war supplemental with additional funding for some domestic items, as well as a measure providing agriculture disaster aid.

House Passes Defense Authorization Bill

Last week the House passed a bill authorizing FY 2008 appropriations for military activities in the Department of Defense (DoD) and national security programs in the Department of Energy (H.R. 1585). The measure repeals a provision in the FY 2007 DoD authorization bill that eases restrictions on the president to federalize the National Guard for domestic law enforcement purposes, and adds $8.4 billion for base realignment and closure (BRAC). It also would require DoD to report to Congress and governors on the readiness of the National Guard to support governors on missions relating to homeland security and natural disasters. The Senate is scheduled to consider its version of DoD authorization in closed session this week.     

Proposed IDEA Regulations

The Department of Education has proposed regulations regarding the Individuals with Disabilities Education Act (IDEA).  Part C of IDEA serves children through age 2 with developmental delays or who have diagnosed physical or mental conditions with high probabilities of resulting in developmental delays.  In 2005 (the most recent available data), about 298,000 children, or about 2% of the population of infants and toddlers nationwide, were served under Part C.  Comments on the regulations are welcome and will be considered in the development of final regulations; they must be received by July 23 (see link for various submission options).  Also, public meetings will be held as follows: June 4 (4-7:30 p.m., Portland, OR); June 6 (4-7:30 p.m., Oklahoma City, OK); June 11 (4-7:30 p.m., Indianapolis, IN); and June 14 (3-7:30 p.m., Washington, DC).  Click here for more information. 

May 17, 2007

Agreement Reached on Budget Resolution
An agreement was reached yesterday on the FY 2008 budget resolution (S. Con. Res. 21), and House and Senate floor consideration of the conference report is scheduled for today.

The agreement sets a domestic discretionary spending cap of $954 billion ($21 billion more than the president's request) and imposes pay-as-you-go budget rules for entitlements and taxes.

Additional spending room is permitted for the State Children's Health Insurance Program (SCHIP), farm subsidies, education/training, homeland security and veterans. The new spending levels for several of these programs, including SCHIP and farm subsidies, is only available if Congress offsets the new spending. The agreement also includes a reconciliation instruction that requires $750 million in savings over five years for the expansion of direct government aid to college students by cutting private lender subsidies.

The measure assumes extension of middle-class tax breaks, including marriage penalty relief, the child tax credit, the adoption tax credit and the 10% income tax bracket, as well as small business and family farm protection from the estate tax. It also includes a one-year alternative minimum tax patch.

The appropriations process can now move forward, but last week OMB director Portman warned that the president will veto any spending bill that exceeds his proposed FY 2008 domestic discretionary spending cap of $933 billion.

Senate Passes Water Resources Development Act

Yesterday, the Senate passed S. 1248, the Water Resources Development Act of 2007. The bill authorizes $13.9 billion for the Army Corps of Engineers to carry out more than 600 projects on flood control, navigation, water supply and environmental restoration. It also includes provisions to boost levees, reverse wetlands loss and shore-up flood protection in Louisiana and the Gulf of Mexico. The bill now goes to conference with the House, which passed a $14 billion version of it last month.

May 16, 2007

Agreement Expected Today on Budget Resolution

A conference agreement on the FY 2008 budget resolution (S. Con. Res. 21) is anticipated today. The conference report could be filed today, with House and Senate floor consideration before the end of the week.

House Passes COPS Improvements Act and Prosecutors and Defenders Incentive Act

Yesterday, the House passed the COPS Improvements Act of 2007 (H.R. 1700), which authorizes $1.5 billion annually from FY 2008 through FY 2013 for state and local law enforcement programs. H.R. 1700 provides $600 million annually for officers to perform intelligence, antiterrorism, and homeland security duties, $350 annually for law enforcement technology grants and $200 million annually to assist district attorneys in hiring community prosecutors.  The Senate Judiciary Committee approved a companion measure (S. 368) on March 15.

The House also passed the John R. Justice Prosecutors and Defenders Incentive Act of 2007 (H.R. 916). The measure provides a maximum of $10,000 per year in loan forgiveness (up to a total of $60,000) to law school graduates who commit to work at least three years as state and local prosecutors or federal, state and local public defenders. A companion measure (S. 442) has been introduced in the Senate, but no action has been scheduled.

House Committee Approves Veterans' Bills

Yesterday, the House Veterans' Affairs Committee approved several measures to expand services for veterans, including:

·       H.R. 67, which would authorize $25 million per year from FY 2007 through FY 2009 for a new grant program for state veterans' outreach.

·       HR. 2239, which would extend eligibility for vocational rehabilitation benefits to disabled service members who are not yet discharged from the military but who are likely to be discharged because of their condition.

·       H.R. 2199, which would authorize new research centers for traumatic brain injury and mandate a comprehensive program for treating traumatic brain injuries at Veterans Affairs health centers.

·       H.R. 612, which would extend the term of free health care for returning service members from two years to five years.

States Warned on Transportation Public-Private Partnerships

In a letter to state officials, House Transportation and Infrastructure Chairman James Oberstar and Highways and Transit Subcommittee Chairman Peter DeFazio discouraged states "from entering into public-private partnership (PPP) agreements that are not in the long-term public interest" of a national transportation system. The Department of Transportation, however, supports PPPs and has model legislation for states to consider. The chairmen noted that a federal-state partnership was the basis for the federal-aid highway system, and the chairmen "have serious concerns about whether these transactions offer a net balance of benefits for the American public." the letter also said, "The committee will work to undo any state PPP agreements that do not fully protect the public interest and the integrity of the national system."

 

May 15, 2007

Critical Infrastructure Grants Awarded

Last week, the Department of Homeland Security (DHS) awarded grants for ports, transit and intercity bus systems as part of the FY 2007 Infrastructure Protection Program (IPP). The final awards include:

·       $202 million to 183 public and private entities through the Port Security Grant Program (PSGP).

·       $14.2 million to 24 urban areas under the Transit Security Grant Program (TSGP).

·       $7.2 million to 17 ferry systems.

·       $11.6 million through the Intercity Bus Security Grant Program (IBSGP) to owners and operators of fixed route intercity and charter bus companies servicing one or more defined Urban Areas Security Initiative (UASI) jurisdictions.

A list of individual grants is available on the DHS Web site.

CMS Announces Grants to States

CMS announced yesterday that 14 states will receive funding for Money Follows the Person Rebalancing Demonstration Projects as part of the second allocation of grant funds. A list of grantees can be found here.

 

May 11, 2007

House Passes Supplemental, Agriculture Disaster Relief; White House Issue Veto Threat

Yesterday the House passed a two-tier, short-term FY 2007 emergency supplemental appropriations bill (H.R. 2206). The measure takes a two-stage approach for funding the war in Iraq: it provides $42.8 billion for up to three months and calls for Congress to vote in July on releasing an additional $52.8 billion. Funding is included for foreign aid, military construction, hurricane relief, veterans' health, base realignment, flu preparedness, homeland security, the Low-Income Home Energy Assistance Program and the State Children's Health Insurance Program, as well as a small business tax break/minimum wage package.

The House also passed H.R. 2207, which provides additional funding for agriculture aid, wildfire suppression, rural county school payments and Pacific Northwest salmon fisherman.

The White House has issued a veto threat against both bills.

Budget Conferees Meet

House and Senate conferees on the FY 2008 budget resolution met yesterday but failed to reach a final agreement. Key issues include the domestic discretionary spending cap and the disposition of a projected surplus in FY 2012. Conferees also are debating a "trigger" mechanism to allow the extension of tax cuts in 2010 only if surpluses materialize, as well as a House reconciliation instruction that calls for the expansion of direct government aid to college students by cutting private lender subsidies.

 

May 10, 2007

Senate Names FY 2008 Budget Conferees

The Senate has named conferees to the FY 2008 budget resolution. A formal conference committee meeting is scheduled for today, and floor action on a conference agreement will likely occur next week.

House Passes DHS Authorization

Yesterday, the House passed H.R. 1684, the FY 2008 authorization bill for the Department of Homeland Security (DHS). The bill includes $300 million for implementing the Real ID Act (FY 2008-FY 2010). The White House said the president will veto the measure because of a provision allowing certain DHS employees to form a union.

House Committee Approves Defense Authorization

Yesterday, the House Armed Services Committee approved the FY 2008 defense authorization bill (H.R. 1585). The measure includes $8.4 billion for base realignment and closure and $1 billion for National Guard and Reserve equipment. It also requires the Department of Defense (DoD) to report to Congress on the readiness of the Guard to support governors on missions relating to homeland security and natural disasters. The committee approved an amendment to repeal a provision in the FY 2007 DoD authorization bill that eases restrictions on the president to federalize the National Guard for domestic law enforcement purposes during emergencies (Insurrection Act).

 

May 9, 2007

House Appoints FY 2008 Budget Resolution Conferees


The House has named conferees to the FY 2008 budget resolution. A non-binding motion passed that instructs conferees to accept the lower Senate revenue and tax numbers, as well as aim for a $96 billion budget surplus in 2012 without using the Social Security payroll tax. Senate negotiators are expected to be named later this week.


House Vote on Short-Term Supplemental Scheduled for Tomorrow


Although negotiations continue on the emergency supplemental appropriations bill, House Appropriations Committee Chairman David Obey and Defense Subcommittee Chairman John Murtha have proposed a new, short-term version that is scheduled to be considered on the House floor tomorrow (H.R. 2206). The measure provides $42.8 billion for up to three months for day-to-day war operations, care for wounded soldiers and the purchase of equipment. It then calls for Congress to vote in July on releasing an additional $52.8 billion in reserve for the war effort.

 

Additional funding for foreign aid, hurricane relief, veterans health, base realignment, flu preparedness, homeland security, the Low-Income Home Energy Assistance Program and the State Children's Health Insurance Program would be included in the new supplemental, as well as a small business tax break/minimum wage package.

 

A separate bill (H.R. 2207) has been proposed providing additional funding for disaster relief that includes agriculture aid, wildfire suppression, rural county school payments and aid to Pacific Northwest salmon fisherman. It is scheduled to be considered following the short-term supplemental.

 

House Begins Consideration of DHS Authorization Bill

The House is set to begin consideration of H.R. 1684, the FY 2008 authorization bill for the Department of Homeland Security, which includes $300 million (for FYs 2008- 2010) for implementing the Real ID Act.


House Committee Voting Bill


Yesterday, the House Administration Committee approved H.R. 811, which would require states, beginning in 2008, to use voting machines that produce a paper trail. It also would require states to perform random audits of voting results and make voting-machine software available for inspection. The bill would authorize $1 billion to assist states in replacing their old voting machines.

 

May 7, 2007

Congressional Update

FY 2007 Supplemental. Negotiations on a new version of the emergency supplemental appropriations bill continue. Congressional leaders hope to finalize the supplemental by the Memorial Day recess.

FY 2008 Budget Resolution. House conferees to the FY 2008 budget resolution are expected to be named today. The House is scheduled to call up the Senate Budget Resolution (S. Con. Res. 21) and insert the text of the House Budget Resolution (H. Con. Res. 99). It then will consider a motion to go to conference. Senate conferees could be appointed tomorrow. A formal conference committee meeting is anticipated mid-week, with a goal of floor consideration late in the week. House appropriations subcommittee markups on spending bills may start this week, and floor action could occur beginning the week of May 21.

Homeland Security Authorization. Later this week, the House will consider the Homeland Security reauthorization bill (H.R. 1684). It authorizes $40 billion in discretionary spending for programs in the Department of Homeland Security, including $300 million for the next three years to implement the Real ID Act of 2005.

 

May 3, 2007

New Supplemental in the Works

After the House failed to override the president's veto of the FY 2007 emergency supplemental spending bill, the president met with congressional leaders to discuss the next version of the supplemental and appointed three aides (Chief of Staff Josh Bolten, OMB Director Rob Portman and National Security Adviser Stephen J. Hadley) to represent him in ongoing negotiations.

House Passes Head Start Reauthorization

Yesterday, the House passed H.R. 1429, the Improving Head Start Act of 2007. The measure includes requires higher qualifications for teachers and assistant teachers, increases funding for teacher and staff salaries and professional development, authorizes higher funding levels and provides collaboration grants to states.

The White House has issued a statement opposing the absence of a provision to allow Head Start grantees to take religion into consideration during the hiring process.

House Passes Science and Technology Bills

Yesterday, the House passed a bill to reauthorize the National Science Foundation (NSF) through FY 2010. The bill would increase funding for a range of math and science research grants and scholarships. It also directs the NSF to give special consideration to partnerships between academics, industrial scientists and businesses, with emphasis on subjects that affect U.S. global competitiveness. The NSF distributes approximately 20% of the federal funding awarded to U.S. universities for basic research.

The House also passed a rule to consider reauthorization of the National Institute of Standards and Technology. Together with H.R. 362 and H.R. 363, which passed last week and would expand math and science research programs, the four bills could be bundled into a single measure and sent to conference with the Senate, which already passed its omnibus science and technology bill (S. 761).

Senate Committee Approves Energy Package

The Senate Energy and Natural Resources Committee approved its energy package. It combines four separate bills to: increase renewable fuels (S. 987), promote energy efficiency (S. 1115), assess the potential for carbon dioxide storage (S. 731) and enhance research on carbon capture and storage technology (S. 962).

House Committee Authorizes COPS Program

Yesterday, the House Judiciary Committee approved the COPS Improvements Act of 2007 (H.R. 1700), which would authorize $1.5 billion annually from FY 2008 through FY 2013 for state and local law enforcement programs. It would authorize $600 million annually for officers hired to perform intelligence, antiterrorism and homeland security duties, $350 million annually for law enforcement technology grants and $200 million annually to assist district attorneys in hiring community prosecutors. The Senate Judiciary Committee approved a companion measure (S. 368) in March.

 

May 1, 2007

GAO Report Examines CMS and Medicaid Financing

The Government Accountability Office (GAO) has released a report examining the Centers for Medicare and Medicaid Services (CMS) initiative to curtail come state financing arrangements for Medicaid. The report concludes that the initiative was consistent with Medicaid payment principles but lacked sufficient transparency. The report is available online.

Interior Announces Offshore Leasing Plan

Yesterday, Department of Interior Secretary Kempthorne announced a five-year offshore leasing plan for the Outer Continental Shelf. This plan includes oil and gas exploration off the coasts of Virginia and Alaska's Bristol Bay. The plan runs through 2012 and will go into effect on July 1, 2007, unless Congress blocks it.

DHS Announces Funding through UASI

The Department of Homeland Security (DHS) announced that nonprofit organizations in the 46 Urban Areas Security Initiative (UASI) areas are eligible to apply for the FY 2007 UASI Nonprofit Security Grant Program. The program will provide more than $24 million to eligible 501(c)(3) organizations that are deemed at high-risk of a potential international terrorist attack. Applications must be submitted online by June 22, 2007. More information about the program is available on the DHS website.

Medicaid Transformation Grants Announced

Section 6081 of the Deficit Reduction Act of 2005 made $150 million available for Medicaid Transformation Grants. Of this, $98 million has been awarded in 32 grants to 26 states and $51.9 million remains. The Centers for Medicare and Medicaid Services has announced that a solicitation has been posted at www.grants.gov for applications for the remaining funds. All states and territory Medicaid agencies are eligible to apply.