December 19, 2005
HOUSE PASSES BUDGET RECONCILIATION PACKAGE
The conference report to the Budget Reconciliation Act was voted on and passed in the House early this morning by a vote of 212 to 206. Agreement was met on the report after negotiators agreed to drop a provision allowing drilling in the Arctic National Wildlife Refuge and attach it to the conference report to the FY 2006 Defense appropriations bill.
In the budget conference report, conferees agreed to reauthorize the Temporary Assistance for Needy Families (TANF) program for five years, extend the supplemental grants for only three years (Nevada currently receives a supplemental grant) and extend authorization of Transitional Medical Assistance and abstinence education programs through December 31, 2006. Several changes to TANF work requirements and limitations on states' flexibility and work requirements are included in the bill. The final conference report would shift a state's ability to define countable work activities under the TANF program; apply new federal work participation rates to separate state programs; and subject separate state programs to federal penalties of up to 5 percent of a state's TANF block grant. States would have to reach a 50 percent work participation rate by 2007, which is more immediate than was anticipated under the original House provisions. Currently, the national work participation rate average is approximately 30 percent. The final conference report also eliminates the federal match for state expenditures of child support incentive payments, providing a total savings of $1.5 billion over five years. In addition, eligibility limitations in foster care and adoption assistance were included in the final conference report.
In related news, after passing the conference report to the budget, the House also passed a short-term extension of TANF through March 31, 2006.
The final conference report also contained a number of Medicaid reforms, including prescription drug payment reform, reform of asset transfer rules, increased flexibility on limited populations for states for cost-sharing, and increased flexibility for states on limited populations for benefit packages. The package also includes new spending in the Medicaid program, such as a new state plan option for home- and community-based services, additional funding for the commonwealth and territories, $150 million for Medicaid transformation grants for states, expansion of the Long-Term Care Partnership program, and Family Opportunity Act provisions. More than $2 billion in Hurricane Katrina health care relief and $283 million in new funding for states (for FY 2006) experiencing federal funding shortfalls in the State Children's Health Insurance Program (SCHIP) was also included.
The report also includes an additional $1 billion for the Low-Income Home Energy Assistance Program (LIHEAP), with 25 percent allocated through formula funding and the remainder allocated as emergency spending.
Education wise, the conference report included savings and new costs for the higher education program. Loan forgiveness for teachers of math, science, and special education, as well as loan deferment for those serving in the military would also be provided. The bill authorizes mandatory grants for low-income, high-achieving students in their first and second years, and for low-income, high-achieving students majoring in math, science, or foreign langue in their third and fourth years. Overall savings to the education program would be $4.08 billion in 2006 and $16.3 billion between 2006 and 2010.
Also in the conference report are spectrum provisions that set the final date for transitioning away from the analog broadcast spectrum. The firm date of February 17, 2009, will also allow for the transition of the much needed spectrum to public safety for interoperability purposes. The sale of the remaining spectrum is expected to garner $10 billion that will be mostly dedicated to deficit reduction. A portion of the sales will be dedicated to public safety communications through a new Digital Television Transition and Public Safety Fund. The new fund will provide $1.5 billion for a set-top converter subsidy for analog televisions, $1 billion for interoperability grants for first responders, $156 million for a new national alert and Tsunami warning program, and $43.5 million for Enhanced 911 services.
CONGRESS CLEARS CONTINUING RESOLUTION (CR)
On Saturday, December 17, the House adopted by voice vote and the Senate cleared by unanimous consent another continuing resolution (H.J. Res 75) that will keep the government operating through Saturday, December 31, 2005. The $600 billion conference report to the FY 2006 Labor-Health and Human Services, Education appropriations bill, which the House passed last week, has yet be addressed by the Senate.
HOUSE APPROVES HIGHER EDUCATION ACT EXTENSION
On Saturday, December 17, the House approved a temporary extension of the Higher Education Act of 2005 (H.R. 4525) introduced by Chairman John Boehner (R-Ohio). The bill would extend programs under the Higher Education Act from January 1, 2006 through March 31, 2006. H.R. 4525 is the second extension of the Higher Education Act this year.
HOUSE PASSES CONFERENCE REPORT FOR DEFENSE SPENDING MEASURE
The House also passed, early this morning, the conference report to the FY 2006 Defense appropriations bill by a vote of 308-106. Included in the report is a provision allowing drilling in the Arctic National Wildlife Refuge (ANWR), which was originally included in the Senate budget reconciliation package. The spending bill also included a $29 billion hurricane recovery package for the Gulf Coast, a $3.8 billion proposal to prepare for a potential flu pandemic and a 1 percent across-the-board cut that shaved a total of about $8 billion from current federal spending. Also included was an additional $2 billion for the Low Income Home Energy Assistance Program.
TRIA EXTENDED
After reaching a compromise with the House, the Senate approved legislation on Friday to extend the Terrorism Risk Insurance Act (TRIA) for two years. The measure was set to expire on December 31, 2005. The legislation, supported by the Bush Administration, adds two years to the TRIA program, which was enacted shortly after the September 11 attacks at a time when insurers were wary and reluctant to offer coverage. Under TRIA, insurers must make terrorism coverage available and in return, the government guarantees it will bear a large percentage of future looses above certain thresholds. More than a month ago, Governors wrote a letter to Senate Leadership urging them to extend the TRIA program until a permanent solution was agreed upon.
HOUSE PASSES IMMIGRATION LEGISLATION
Last week, the House passed a border security and immigration enforcement bill (H.R. 4437) by a vote of 239-182. The legislation would provide the military with a greater role in border security by using defense personnel and equipment in surveillance to support civilian law enforcement agencies. It would also increase the number of full-time border patrol agents and detention beds and establishes a mandatory minimum sentence for alien smuggling crimes. The bill also increases and establishes new criminal penalties for persons who illegally enter the country and would require employers to verify the legal immigration status of their workers by using an employment eligibility verification system that is currently voluntary. An amendment by Rep. Charlie Norwood would encourage local police to help catch illegal immigrants was adopted by a vote of 237-180. The provision would withhold federal money from state and local governments that enact policies forbidding their police to ask people about their immigration status, or otherwise preventing them from assisting in apprehending illegal immigrants. The bill does not include a guest worker program which was included in the Administration's immigration proposal or in the Senate immigration reform bills. The Senate will consider comprehensive immigration reform when they return sometime next session.
SENATE PASSES LEGISLATION AMENDING STAFFORD EMERGENCY ASSISTANCE ACT
The Senate passed a bill last week (H.R. 4324) that would amend the Stafford Emergency Assistance Act to reauthorize the pre-disaster mitigation program. The measure authorizes FEMA to provide grants to states and localities for pre-disaster mitigation programs such as constructing levies, relocating homes from floodplains, and retrofitting buildings in earthquake areas. The bill would reauthorize the program through FY 2008. The House passed the measure in November.
CONGRESS PASSES MEASURE TO REAUTHORIZE PROGRAMS WITHIN THE DEPARTMENT OF JUSTICE
The House agreed (by voice vote) to the Senate's amendment and passed a measure (H.R. 3402) to reauthorize programs in the U.S. Department of Justice (DOJ) through FY 2009. Included in the bill is the Violence Against Women Reauthorization Act of 2005 (VAWA), which authorizes grants to assist victims of domestic violence, stalking, and sexual assaults. Another provision would amend the Omnibus Safe Streets Act of 1968 to merge the Edward Byrne Memorial State and Local Law Enforcement Assistance programs and the Local Law Enforcement Grants (LLEBG) program into an Edward Byrne Memorial Justice Assistance Grant program. The formula for this new program is 60 percent of the funds appropriated for the state program (currently the Byrne formula block grant), and 40 percent to the LLEBG program.
REGULATIONS ON ASSESSMENTS FOR STUDENTS WITH DISABILITIES ANNOUNCED BY U.S. DEPARTMENT OF EDUCATION SECRETARY MARGARET SPELLINGS
U.S. Secretary of Education Margaret Spellings announced regulations proposed by the Department of Education on measuring achievement of students with disabilities. Secretary Spellings outlined new proposed regulations regarding assessments for students with disabilities, which include the ability of states to develop modified assessments based on modified state achievement standards for students with the most severe cognitive disabilities (capped at 2 percent of the total tested population at the district and state level). Under the proposed regulation, states receive credit for raising the achievement level of students with disabilities. Further details on the proposed regulations and key criteria for implementing the new policy are included on the Department of Education and will be in the Federal Register. The Department of Education is accepting comments on the proposed regulations up to 75 days after publication.
For more information, please visit the U.S. Department of Education's website: http://www.ed.gov/news/pressreleases/2005/12/12142005a.html.
Note: A toolkit of technical assistance materials, including the Notice of Proposed Rulemaking, is available at http://www.ed.gov/admins/lead/speced/toolkit/.
REGULATIONS PROTECTING EMPLOYMENT AND REEMPLOYMENT RIGHTS AND BENEFITS OF SERVICE MEMBERS UPON RETURNING TO CIVILIAN LIFE ANNOUNCED BY SECRETARY OF LABOR ELAINE CHAO
Secretary of Labor Elaine Chao announced regulations, to be published Monday, Dec. 19 in the Federal Register, interpreting the law that protects employment and reemployment rights and benefits of service members upon their return to civilian life. This is the first time since its passage in 1994 that the Department of Labor has developed regulations to explain and clarify the Uniformed Services Employment and Reemployment Act (USERRA). The department’s action is the latest in a series of proactive steps taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II. USERRA prohibits discrimination against past and present members of the uniformed services and establishes reemployment rights for service members who want to return to the jobs they held prior to service.
For further information, please visit the U.S. Department of Labor's website: http://www.dol.gov/
CONGRESSIONAL SCHEDULE
House Temporary Majority Leader Roy Blunt, released the House schedule for the second session of the 109th Congress scheduled to reconvene on Tuesday, January 31, 2006 with Friday, October 6, 2006, set as its adjournment target date. The schedule calls for the following recesses in 2006:
Senate Majority Leader Bill Frist announced the Senate schedule a few weeks ago for the second session of the 109th Congress as well. Their chamber is scheduled to convene on Wednesday, January 18, 2006, with Friday, October 6, 2006, set as its adjournment target date. The schedule calls for the following recesses in 2006: