This Week on the Hill
The House and Senate are out for the week, returning the week of November 26.
Fiscal Year 2019 Budget Update
The continuing resolution that is currently funding several federal agencies expires on December 7, leaving lawmakers just two weeks to reach a funding agreement once they return from this week’s recess. Earlier this fall five spending bills were approved and signed into law, leaving seven bills covered by the continuing resolution. The following spending bills are covered by the current continuing resolution: Financial Services; Agriculture; Commerce-Justice-Science; Homeland Security; Interior-Environment; State-Foreign Operations; and Transportation-Housing and Urban Development. Federal Funds Information for States’ Jim Martin table contains major discretionary program funding, with funding levels covered by the continuing resolution in italics. Congress may combine several of the bills into a series of spending packages, or it may use another continuing resolution to keep these areas of the federal government funded after December 7.
President Endorses Criminal Justice Reform Legislation
Last Thursday a bipartisan group of senators introduced revised legislation aimed at reducing recidivism, promoting public safety and improving fairness in federal sentencing. The revised First Step Act, S. 3649, was also endorsed by the President. Provisions of the bill include increased programming designed to reduce recidivism, providing better employment and training opportunities for inmates through expansion of the federal prison industries program, mandating inmates be housed no more than 500 miles from the prisoner’s primary residence, and making changes to mandatory minimum sentencing laws. A fact sheet can be found here and a section-by-section summary here. It is unknown if the Senate will consider the bill during the lame duck session, which is scheduled to run through December 14.
Department of Education Releases New Regulations on Campus Sexual Assault
On Friday the U.S. Department of Education released its proposed Title IX rule related to sexual harassment and assault. The rule will take the place of non-binding guidance for how educational institutions address allegations of sexual harassment and assault issued by the Obama administration in 2011, which was rescinded by Education Secretary Betsy DeVos in September 2017. Key provisions of the rule include requiring schools to respond meaningfully to every known report of sexual harassment and to investigate every formal complaint; require schools to apply basic due process protections for students, including a presumption of innocence throughout the grievance process; written notice of allegations; and requiring colleges and universities to hold a live hearing where cross-examination would be conducted through the parties’ advisors. A one-page summary on the rule can be found here, a section-by-section summary here and the proposed text can be found here. The proposed rule will be open for public comment for 60 days from the date of publication in the Federal Register.
FDA Announces Restrictions on Flavored E-Cigarettes
On Thursday the Commissioner of the Food and Drug Administration (FDA) announced new restrictions on the sale of certain flavored e-cigarette products. Under the new policy, all e-cigarette products that are flavored, other than tobacco, menthol and mint, can only be sold in age-restricted, in-person locations and if sold online, under heightened practices for age verification. According to the FDA, the changes do not include mint and menthol-flavored e-cigarettes because research shows those flavors are more popular with adults and may be important to adult smokers seeking to transition away from cigarettes. The FDA also announced it will advance a notice of proposed rulemaking that would seek to ban menthol in combustible tobacco products, including cigarettes and cigars.
National Flood Insurance Program Extension Legislation Released
A group of bipartisan senators introduced legislation on Thursday to reauthorize the National Flood Insurance Program (NFIP) for six months; the current authorization expires on November 30. The bill is sponsored by Senators John Kennedy (R-LA), Marco Rubio (R-FL), Bill Cassidy (R-LA) and Bob Menendez (D-NJ). In the press release, the sponsors also note the need for a long-term reauthorization of the program and reforms needed to make the program more fair, affordable and solvent.
CMS Announces Medicaid Demonstration to Expand Mental Health Treatment
The Centers for Medicare and Medicaid Services (CMS) released guidance that outlines opportunities for states to design innovative service delivery for children and adults to expand mental health treatment, including a new demonstration for residential treatment services. States participating in the demonstration opportunity will be expected to commit to taking a number of actions to also improve community-based mental health care. CMS will not approve a demonstration project unless the project is expected to be budget neutral to the federal government. A copy of the letter sent to state Medicaid directors can be found here.
Senate Advances Coast Guard Reauthorization with Vessel Discharge Provisions
Last week the Senate voted 94-6 to pass the Coast Guard reauthorization bill (S. 140), which reauthorizes the Coast Guard through fiscal year 2019 and contains language from the Vessel Incidental Discharge Act. The bill delegates the lead role in establishing standards for discharges incidental to normal vessel operation to the Environmental Protection Agency (EPA) and assigns the Coast Guard the lead role in monitoring and enforcing standards. States are prevented from adopting or enforcing laws or regulations, except in certain circumstances, with respect to discharges subject to regulation once requirements are final and enforceable. However, the EPA must consult with governors when establishing federal standards. The bill now moves to the House for a final vote.
Budget Process Reform Committee Releases Bill, Postpones Vote
The Joint Select Committee on Budget and Appropriations Process Reform released a proposal last week on a two-year budget resolution but postponed a final vote until next week. The bicameral, bipartisan committee was established in February by the budget bill setting discretionary spending caps for fiscal years 2018 and 2019, which included a November 30 deadline for the committee’s work. The proposal would switch Congress from a one-year budget resolution to a two-year resolution and move the budget resolution deadline from April 15 to May 1. An amendment was passed which would maintain the opportunity to use the budget reconciliation process on an annual basis as long as there is a budget resolution in effect; reconciliation allows authorizing committees to draft legislation changing mandatory spending programs or tax laws that are not subject to filibuster in the Senate. The committee is scheduled to reconvene on November 27.
Recently Released Reports
Off to a Running State Capital Start: A Transition Guide for New Governors and Their Teams
IBM Center for The Business of Government
Fostering Youth Transitions: Using Data to Drive Policy and Practice Decisions
The Annie E. Casey Foundation
Mental Health: Leading Practices for State Programs to Certify Peer Support Specialists
U.S. Government Accountability Office
Health Insurance Coverage: Early Release of Estimates from the National Health Interview Study, January-June 2018
National Center for Health Statistics
Economic News
Consumer Price Index Increased in October as Real Hourly Earnings Decreased
The U.S. Bureau of Labor Statistics released new data on the Consumer Price Index for All Urban Consumers (CPI-U) for October, showing the CPI-U increased 0.3 percent on a seasonally adjusted basis after rising 0.1 percent in September. Over the last twelve months, the all items index increased 2.5 percent before seasonal adjustment. An increase in the gasoline index was responsible for over one-third of the seasonally adjusted increase in the all items index while advances in the indexes for shelter and electricity also contributed. The food index declined slightly in October. The index for all items less food and energy rose 0.2 percent in October, following a 0.1 percent increase in September. Over the last twelve months, the index for all items less food and energy rose 2.1 percent. Meanwhile, real average hourly earnings for all employees decreased 0.1 percent from September to October, seasonally adjusted. This result stems from a 0.2 percent increase in average hourly earnings combined with a 0.3 percent increase in the CPI-U.
Local Area Personal Income Released for 2017
The U.S. Department of Commerce Bureau of Economic Analysis recently released new data on local area personal income for 2017, showing that personal income increased in 2,787 counties, decreased in 318 and was unchanged in 8. Personal income increased 4.5 percent in the metropolitan portion of the U.S. and increased 3.2 percent in the nonmetropolitan portion in 2017. The bureau defines personal income as the income received by, or on behalf of, all persons from all sources including from working, owning a home or unincorporated business, owning financial assets, and receiving transfer receipts from government and business. The release also presents per capita personal income and county personal income estimates.