INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA)
Download FFIS’s IIJA State Allocations Spreadsheet FFIS continues to populate its IIJA spreadsheet with new announcements on program implementation; each week’s changes are highlighted in yellow. A dedicated tab includes recently issued Notices of Funding Opportunity (NOFOs). New allocations are provided for:
- Brownfields (FY 2024 Job Training grants)
- Wildlife Crossings Pilot Program (awards for FYs 2022-2023)
- Federal State Partnership for Intercity Passenger Rail (awards for projects outside the Northeast Corridor; Corridor ID program awards)
- Rural Surface Transportation Program (awards for FYs 2023-2024)
- Safe Streets and Roads for All Grants (FY 2023 Round 2 awards)
COMMERCE
First State Authorized to Request Access to BEAD Funds The National Telecommunications and Information Administration (NTIA) has approved Louisiana’s initial proposal for the Broadband Equity, Access, and Deployment (BEAD) Grant Program. Each state’s progress toward approval can be viewed here.
ENERGY
Department of Energy (DOE) Posts Notice of Intent (NOI) to Issue FY 2024 Grid Resilience Formula Grant Funding Opportunity, Publishes Draft Allocations DOE intends to make FY 2024 formula grant funding available in January 2024 under the Preventing Outages and Enhancing the Resilience of the Electric Grid program. Draft allocations total $561 million, including nearly $180 million for tribes and Alaska Native Corporations. The NOI, FAQs, and other information are available here.
DOE Announces Up to $890 Million for Three Carbon Capture Demonstration Projects The IIJA provided $2.5 billion for this program. Additional information on the selected projects is here.
HOUSING
Department of Housing and Urban Development (HUD) Posts New BABA Resources for CPD Grantees The Build America, Buy America (BABA) page offers resources and training materials to assist Community Planning and Development (CPD) grantees in determining when an infrastructure project must comply with the “Buy America Preference” (BAP).
TRANSPORTATION
Department of Transportation (DOT) Awards $645 Million Through Rural Surface Transportation Grant Program The awards for FYs 2023-2024 support projects that will increase mobility, improve safety, and generate regional economic growth in rural areas. A list of awards is here.
Federal Highway Administration (FHWA) Redistributes $233 Million in FY 2024 Contract Authority to States for the Period Covered by the First Two Continuing Resolutions (CRs) This notice supersedes the redistribution of $101 million under the first CR. These funds do not come with additional obligation authority and are subject to the obligation limitation set by the CR, as detailed here.
DOT Announces Second Round of FY 2023 Safe Streets and Roads for All (SS4A) Grant Program Awards Totaling $817 Million Awards were issued for 48 implementation grants and 337 planning and demonstration grants to improve road safety. An awards list and map are available here.
FHWA Posts Updated Guidance on Design Standards for Roadway Projects
National Highway Traffic Safety Administration (NHTSA) Posts Document of Deficiencies in State Applications for FY 2024 National Priority Safety Programs The document details whether a state applied for a particular grant, had its grant disapproved, is ineligible for a grant, or withdrew its application. It also details the deficiencies in an application that was disapproved.
Federal Transit Administration (FTA) Posts Slides and Recording of State Safety Oversight (SSO) Notice of Proposed Rulemaking Webinar
FTA Hosting Webinar on FY 2024 All Stations Accessibility Program Funding Opportunity The webinar will be held today, December 19, 1:00 p.m. ET (register at the link above). The funding opportunity, which makes $343 million available to improve transit access for certain groups, is here.
DOT Announces $88.3 Million Transportation Infrastructure Finance and Innovation Act (TIFIA) Loan in Louisiana
INFLATION REDUCTION ACT (IRA)
Download IRA State Allocations Spreadsheet The spreadsheet, updated weekly, lists state allocations and estimates, summary information on eligibility and other grant features, and links to additional information. New allocations are provided for:
- Methane Emissions Reduction Grants (revised formula allocations for activities at marginal conventional wells)
ENVIRONMENT
Environmental Protection Agency (EPA) Announces 14 States to Receive $350 Million in Formula Grants for Monitoring and Reducing Methane Emissions at Marginal Conventional Wells Through the Methane Emissions Reduction Program A list of recipients is available at the link above. These figures replace draft allocations to 30 states included in the funding opportunity.
HEALTH
Department of Health and Human Services (HHS) Releases Two New IRA Research Reports The first report focuses on understanding the trends in utilization and spending for drugs selected under the Medicare Drug Price Negotiation Program. The second report examines Medicare Part B inflation rebates in 2023.
CMS Releases Revised Guidance for Medicare Prescription Drug Inflation Rebate Program The Centers for Medicare & Medicaid Services (CMS) released revised guidance detailing key requirements and procedures for calculating rebates and invoicing manufacturers that owe rebates to Medicare under the program. CMS also released the list of 48 prescription drugs for which Part B beneficiary coinsurances may be lower between January 1, 2024 – March 31, 2024.
INTERIOR
Department of the Interior (DOI) Announces Investments of $72 Million to Restore the Salton Sea The funding includes a $70 million award to California and $2 million to the Torres Martinez Desert Cahuilla Indians.
DOI Announces Approximately $295 Million in New Investments Through Multiple Colorado River Water Conservation Agreements
Fish and Wildlife Service (FWS) Invests Nearly $1.4 Million for Four Resiliency and Restoration Projects in the Upper Mississippi River and Illinois River The projects are part of the $120 million allocated for similar projects across the country, and include state-managed lands in Iowa, Wisconsin, and Illinois.
TREASURY
Internal Revenue Service (IRS) Issues Interim Guidance for Corporate Alternative Minimum Tax (CAMT) The IRA created the CAMT, which imposes a 15% minimum tax on the adjusted financial statement income (AFSI) of large corporations for taxable years beginning after Dec. 31, 2022.
Treasury, IRS Issue Proposed Rule for Advanced Manufacturing Production Credit Section 45X provides a credit for the production (within the United States) and sale of certain eligible components including solar and wind energy components, inverters, qualifying battery components and applicable critical minerals. Comments close February 13, 2024.
CORONAVIRUS
Download COVID-19 State Allocations Spreadsheet New figures are provided this week for:
- FEMA Public Assistance
- Emergency Connectivity Fund
GENERAL
PRAC Releases Semiannual Report to Congress The Pandemic Response Accountability Committee (PRAC) report covers the period from April 1 through September 30, 2023.
GAO Report Concludes that Treasury Could Improve Administration and Oversight of State and Local Fiscal Recovery Funds (SLFRF) The Government Accountability Office (GAO) reviewed documents and interviewed officials in 18 states and 18 localities (one per state), selected based on SLFRF funding amount, population size, and geographic region.
EDUCATION
Department of Education (ED) Updates COVID Materials Updates include:
- Reminder of December 31 deadline for states to publish high-poverty school data for FY 2023 on the state website
HEALTH
CMS Releases Medicaid, Children’s Health Insurance Program (CHIP) Eligibility Guidance The guidance outlines federal renewal requirements and offers actionable strategies that states can adopt to promote continuous coverage for children and youth who are likely eligible for Medicaid and CHIP.
NIH Expands Home Test to Treat Program The National Institutes of Health (NIH) announced the national expansion of the Home Test to Treat program, a virtual community health program that offers free COVID-19 health services including at-home tests, telehealth sessions, and at-home treatments. With its expansion, the program will now cover both COVID-19 and influenza A and B.
INDEPENDENT AGENCIES
TREASURY
Treasury Approves Capital Projects Fund (CPF) Award to Wisconsin Descriptions of the state’s plan are here and here.
Treasury Sends Letter to Recipients of SLFRF The letter calls on SLFRF recipients to focus on housing and workforce development.
Treasury Updates SLFRF Compliance and Reporting Guidance The update relates to Unique Entity Identifier (UEI) requirements.
OTHER NEWS
BUDGET UPDATE
FY 2024 Budget Update The House has commenced its holiday recess, so no further progress on appropriations is expected before the end of the year. All 12 FY 2024 appropriations bills are operating under one of two continuing resolutions (CRs), as indicated in the table below. The table also summarizes appropriations progress to date. FFIS’s Jim Martin Table and Appropriations Tracker report proposed funding for individual programs.
The Fiscal Responsibility Act (FRA) includes provisions to alter FY 2024 top-level spending caps for discretionary programs if any CR is in place on January 1, 2024. A forthcoming FFIS Budget Brief will summarize the potential impact of these provisions, which would not become fully effective until April 30, 2024.
LEGISLATIVE UPDATE
House Committee on Education and the Workforce Passes Bipartisan Bills to Reauthorize WIOA, Authorize Pell Grants for Short-Term Programs A Stronger Workforce for America Act (H.R. 6655) would reauthorize the Workforce Innovation and Opportunity Act (WIOA), including changes to how federal funding would be used in states and territories. Materials are available here. The Bipartisan Workforce Pell Act (H.R. 6585) would authorize Pell Grants for short-term training and credentialling programs. Materials are available here. The bills are expected to be considered by the full House in 2024.
SUPPORT Act Reauthorization Bill Passes House, Advances in Senate Last week, the House passed the SUPPORT for Patients and Communities Reauthorization Act (H.R. 4531). The Senate HELP Committee (with jurisdiction over programs included in the Public Health Services Act) also advanced its bill (S. 3393). The Senate Finance Committee (with jurisdiction over Medicaid and CHIP) included additional SUPPORT Act provisions in the Better Mental Health Care, Lower-Costs Drugs, and Extenders Act of 2023 (S. 3430), which the committee approved last month. In addition to reauthorizing programs, both the House and Senate would permanently extend the Medicaid Institutions for Mental Disease (IMD) state plan option.
GENERAL
Census Bureau Releases State Population Estimates for July 1, 2023 These estimates are used to compute allocations for numerous federal programs. The Vintage 2023 estimates also include updates to the annual estimates for 2020, 2021, and 2022.
Census Bureau Releases 2022 Small Area Income and Poverty Estimates for States, Counties, and School Districts
Administration Launches Clearinghouse for Multi-Agency Funding Opportunities Available to Tribal Nations and Native Businesses
EDUCATION
Rehabilitation Services Administration (RSA) Letter Provides Technical Assistance on Reporting Requirements Concerning “Students with Disabilities” and Pre-employment Transition Services
Spreadsheet Lists Guidance Documents Issued by Student Privacy Policy Office (SPPO) The guidance documents address requirements of the Family Educational Rights and Privacy Act (FERPA), the Protection of Pupil Rights Amendment (PPRA), and the Armed Forces Recruiter Access to Students and Student Recruiting Information provisions under the Elementary and Secondary Education Act (ESEA).
ED Seeks Comment on Proposed Metrics for Comprehensive Literacy State Development (CLSD) Annual Performance Report The CLSD program awards competitive grants to advance literacy skills for children from birth through grade 12, with an emphasis on disadvantaged children. The proposed metrics reflect the need to collect pertinent grantee- and subgrantee-level data that could be used to guide future program policy and practice and respond to stakeholder, congressional, and agency inquiries. Comments close January 18, 2024.
ENVIRONMENT
EPA Releases Second Annual Report on Per- and Polyfluoroalkyl Substances (PFAS) Progress
EPA Proposes New Water Quality Standards (WQS) for Portions of the Delaware River Comments will be accepted for 60 days after publication in the Federal Register. EPA will host two public hearings on the proposed rule:
EPA Proposes to Revise Wastewater Discharge Standards for Meat and Poultry Processing Facilities Comments on the proposed rule will be accepted for 60 days after publication in the Federal Register. EPA will host two public hearings, for which timing and registration details will be posted here in the near future:
- Online: January 24, 2024
- In-person: January 31, 2024
Additional information is here.
HEALTH
CMS Announces Innovative Actions to Improve Maternal Health and Birth Outcomes CMS unveiled a new Transforming Maternal Health (TMaH) model. This new payment and care-delivery model will support participating states in developing and implementing a whole-person approach to pregnancy, childbirth, and postpartum care for women with Medicaid and CHIP coverage. CMS will be releasing a notice of funding opportunity in Spring 2024. More detailed information is available here.
CMS Releases Guidance to States on Dually Eligible Beneficiaries Receiving Services Covered by Medicare Starting January 1, 2024 Medicare will begin covering and making payment for the services of marriage and family therapists (MFT) and mental health counselors (MHC), and intensive outpatient program (IOP) services as authorized by the Consolidated Appropriations Act, 2023. The guidance discusses the transition, coordination of benefits, and third-party liability options for states.
CMS Posts 2022 National Health Expenditures Report The report details health spending by type of service or product and by major source of funds. Of note, Medicaid spending increased 9.6% in 2022, the third consecutive year of growth above 9%. Medicaid enrollment grew 7.2% in 2022.
CMS Releases 2023 Medicaid and CHIP Program Scorecard CMS and states can use the scorecard to drive improvements in areas such as state and federal alignment, health outcomes, and program administration.
CMS Sends Letter to Plan and Pharmacy Benefit Managers The letter was sent to pharmacy benefit managers, Medicare Part D plans, Medicaid managed care plans, and private insurance plans to address increasing concern about certain practices that threaten the sustainability of many pharmacies, impede access to care, and put increased burden on health care providers.
MACPAC Releases Medicaid and CHIP Databook The Medicaid and CHIP Payment and Access Commission (MACPAC) provides the most recent state statistics on Medicaid and CHIP enrollment and spending.
CMS Posts Nursing Home and Long-Term Care Fact Sheet The fact sheet highlights recent accomplishments to improve safety and quality of life in long-term care settings.
Link Center’s Policy Academy Opens Application Period for 988/Lifeline and Crisis Response The Policy Academy—funded by the Administration for Community Living (ACL) and the Substance Abuse and Mental Health Services Administration (SAMHSA)—will assist five state, territory, or tribal teams in creating resources and standard operating strategies that support an inclusive, accessible 988/Lifeline and crisis response system. Applications are due January 19, 2024.
HHS Releases Data Strategy The strategy includes the following five priorities for improving data infrastructure and capabilities: cultivate data talent, foster data sharing, integrate administrative data into program operations, enable whole-person care delivery by connecting human services data, and responsibly leverage artificial intelligence.
HOMELAND SECURITY
Federal Emergency Management Agency (FEMA) Requests Feedback on Draft Climate Adaptation Planning for Emergency Managers Guide FEMA will host four webinars to accept comment on the guide:
- January 4, 2024: 3:00 p.m. ET (register)
- January 9, 2024: 2:00 p.m. ET (register)
- January 17, 2024: 3:00 p.m. ET (register)
- January 25, 2024: 2:00 p.m. ET (register)
Details on how to submit written comments, which will be accepted through February 9, 2024, are available at the link in the heading.
Department of Homeland Security (DHS) Requests Input to Inform Environmental Justice Strategy Comments are due February 16, 2024.
HOUSING
HUD Updates Current Availability of Section 108 Financing for CDBG Entitlement and State Grantees The Section 108 Loan Guarantee Program updated the borrowing capacity numbers for Community Development Block Grant (CDBG) entitlement communities and states looking to pursue a Section 108 guaranteed loan.
HUD Posts Resources for DCTA Recipients and Smaller Distressed Communities The Distressed Cities and Persistent Poverty Technical Assistance (DCTA) Program maintains a library of resources relevant to DCTA recipients and smaller distressed communities. It features a wide range of reports, webinars, guidance, and funding opportunities useful to small governments, tribal organizations, and non-profits.
HUD Releases January 2023 Point-in-Time Count Report The annual snapshot reports the number of individuals in shelters, temporary housing, and unsheltered settings. The report found more than 650,000 people were experiencing homelessness on a single night in January 2023, a 12% increase from 2022.
INDEPENDENT AGENCIES
FCC Adopts Rules Improving Rural Health Care Program Support for Telehealth and Telemedicine
INTERIOR
Bureau of Ocean Energy Management (BOEM) Finalizes Lease Schedule for 2024-2029 National Outer Continental Shelf Oil and Gas Leasing Program Relevant documents are available here.
JUSTICE
Department of Justice (DOJ) Launches National Law Enforcement Accountability Database (NLEAD) While initially available only to DOJ users, NLEAD aims to offer data access to state and local agencies in the future.
DOJ Posts Model State Legislation for Firearm Storage and Lost Firearm Reporting
LABOR
Department of Labor (DOL) Publishes Request for Information Related to Potential Revisions to Schedule A Labor Certification Process The department is considering adding to the schedule occupations in science, technology, engineering, and mathematics (STEM) as well as other, non-STEM occupations experiencing labor shortages. Comments will be accepted for 60 days after publication in the Federal Register.
DOL Proposes Updates to National Apprenticeship System Regulations The revisions would affect labor standards and governance, including better defining the roles of state apprenticeship agencies. Comments will be accepted for 60 days after publication in the Federal Register.
DOL Posts Notice of Annual COLAs
- Military retired pay The highest cost-of-living-adjustment (COLA), 3.2%, is for those who retired before January 1, 2023.
- Social Security survivors and old age retirement annuities, federal civilian pensions The highest COLA, 3.2%, is for those in the Civil Service Retirement System whose annuity began in December 2022 or earlier.
Where required by state law, state workforce agencies should adjust their unemployment insurance weekly benefit amount accordingly.
NUTRITION
Food and Nutrition Service (FNS) Publishes Final Rules Both rules are effective February 12, 2024.
- Supplemental Nutrition Assistance Program (SNAP): Revision of Civil Rights Data Collection Methods The new rule removes the option for state agencies to use visual observation to collect race and ethnicity data when this information is not provided by the applicant.
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions The rule establishes waiver authority for the Secretary of Agriculture to address certain emergencies, disasters, and supply chain disruptions impacting WIC. It also adds requirements to state agency infant formula cost containment contracts to protect against disruptions to the program in the event of a recall. Comments will be accepted through February 12, and posted questions and answers about the rule here.
Administration Asks Congress to Fully Fund WIC The release notes that WIC costs are higher this year, in part because of increasing caseloads, and includes a table showing WIC participants by category in each state as of September 2023.
FNS Posts Report on Best Practices in Disaster SNAP (D-SNAP) Operations and Planning
FNS Posts Go-Live Requirements for Implementing New/Enhanced SNAP Eligibility Systems
FNS Seeks Comment on 2024-2025 National School Foods Study Information Collection This study combines three more specific efforts: the School Nutrition and Meal Cost Study-II (SNMCS–II), School Food Purchase Study-IV (SFPS–IV), and a second Fresh Fruit and Vegetable Program Evaluation (FFVP–II). Comments will be accepted through February 20.
FNS Re-Opens Comment Period for Proposed Changes to SNAP Quality Control System FNS is providing additional time because the original publication of the proposal included an incorrect email address for comments. The new deadline is January 2, 2024.
TRANSPORTATION
FHWA Updates Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways The MUTCD is developed and organized to establish national standards for traffic control devices on any roadway, bikeway, or shared-use path that is open to public travel. The final rule is effective January 18, 2024.