California Capitol Hill Bulletin, 2/7/97 Page 1 THE CALIFORNIA INSTITUTE FOR FEDERAL POLICY RESEARCH 419 New Jersey Avenue, SE, Washington, D.C. 20003 Voice: 202-546-3700 Fax: 202-546-2390 e-mail: ransdell@calinst.org California Capitol Hill Bulletin Volume 4, Bulletin 4 -- February 6, 1997 To expand communications between Washington and California, the California Institute provides periodic faxed bulletins regarding current activity on Capitol Hill which directly impacts our state. Bulletins are published weekly during sessions of Congress, and occasionally during other periods. The e-mail edition is made possible in part by a computer server donation from Sun Microsystems. SPECIAL EDITION -- FY98 ADMINISTRATION BUDGET REVIEW While it is still too early to determine the full impact of every proposal on California, especially with regard to issues for which full details were not provided, the following attempts to assess the PresidentŐs FY98 Budget proposals from a California perspective. The following analysis was prepared after only a few hours of analyzing more than two thousand pages of budget documents ... thus this information is preliminary at best. Apologies for omissions, as there surely will be many. Following is a preliminary evaluation of major federal programs and how they may impact California: IMMIGRATION AND NATURALIZATION SERVICE Incarceration Reimbursement -- The budget again proposes $500 million in budget authority to reimburse the states for the costs of incarcerating undocumented criminal immigrants. ($350 million would be funded under the State Criminal Alien Assistance Program, and $150 million under the Violent Offender Incarceration and Truth in Sentencing programs.) In late 1996, INS distributed $495 million to the states. Of that amount, California received about $265 million, or about 54% of the total funding. California estimates that it spent about $511 million to incarcerate about 200,000 undocumented criminal aliens last year. Border Control -- As last year, the budget calls for a substantial increase in the INS budget to continue border control efforts. The President is requesting $3.6 billion for the agency, an increase of 13% over FY97 and 41% over 1996. Funding for an additional 500 border patrol agents is requested, which would bring the total border patrol force to 7,359 agents in FY98. The budget also calls for $73.8 million to fund border facility construction; $66 million to fund the deportation of denied asylum applicants; $317 million for improved border controls; and $116 million for detention and deportation proceedings. WELFARE The President's budget proposes an additional $1.7 billion to ease the restrictions placed on the eligibility of legal immigrants for Supplemental Security Income payments and food stamps. Under the welfare reform law passed last year, all legal immigrants currently residing in the United States are due to be dropped from the SSI rolls beginning shortly. The budget proposes that immigrants who became disabled after entering the United States would remain eligible for SSI payments. The California Department of Health Services estimated in July of last year that about 260,000 legal immigrants in California received SSI. Although the actual number of California immigrants who became disabled after entering the country is not currently available, it is likely that a substantial number may remain eligible for SSI if the President's proposal were passed. Currently, refugees and asylees are not banned from receiving SSI for their first five years in the United States. The Administration's budget would extend this period to seven years. This extension could apply to as many as 312,000 refugees living in California. Additionally, legal immigrants were denied food stamps under the welfare law. The budget calls for delaying the implementation of this ban until September 1997, in order to give immigrants more time to become naturalized U.S. citizens. FDA Under the PresidentŐs proposal, the Food & Drug Administration would see a 7% increase (6% for oversight of medical devices, 11% for pharmaceuticals) to $1.06 billion. In addition to food safety duties, the FDA reviews and approves drugs and medical devices for use in the U.S. If used wisely, additional funds could improve and speed the approval process. California is home to one third of the nationŐs biomedical industry. MEDICAID Medicaid (called Medi-Cal in California) uses $100 billion federal dollars to reimburse states for providing health care for the poor. The PresidentŐs budget would cut $22 billion from Medicaid in part due to the imposition of a Ňper capita capÓ on spending (based on Ňspending per beneficiary in a base year, increased by an annual growth limitÓ). Unfortunately, the budget did not elaborate on whether the cap would be imposed on a state- by-state basis, or nationwide. It also did not provide details regarding growth or base year. If imposed on a state-by-state basis, a per capita cap could be the most damaging piece of the PresidentŐs budget, from a California perspective. A per capita cap on Medicaid receipts on a state- by-state basis would permanently lock in CaliforniaŐs current small share of Medicaid receipts. Moreover, it would force California to subsidize new Medicaid patients in other states at a rate as much as triple what would be received for each new California patient. Rather than a per capita cap, progress toward per capita parity -- allocating funds instead based on numbers of patients served -- would be more equitable than the per capita cap scheme. In FY95, California received $8.8 billion of the $88.8 billion spent on Medicaid by the federal government nationwide -- a relatively small share for a state with more than 14% of the nationŐs Medicaid patients. A comparison will explain why: While California serves nearly twice as many indigent patients as New York, it receives less than 10% of federal Medicaid funds compared to New York's 13%. New York spends three times as much to care for each patient as does California. Because it is a matching program, states which elect to spend more state money get more federal money. California elects to spend less money per poor patient (per capita) and thereby foregoes some additional federal dollars. While this is equitable as a federal incentive, the system breaks down when a per capita cap is imposed state-by-state. According to the GAO, the per capita cap concept would favor states which already provide high levels of medical service to a relatively narrow range of patients -- since a cap would provide more federal funds only if Medicaid enrollment increases, such states could simply expand coverage and take advantage of their high matching rate. Because California now serves a broad range of patients -- and thus a lower level of service to each patient -- our potential for growth would be severely limited. According to GAO, California ranks 51st (of 50 states plus D.C.) in richness of services provided yet 6th in breadth of patient coverage. To impose a per capita cap, based on an arbitrary base year, would punish states like California for having been efficient and inclusive, and would reward high-spending states which donŐt yet cover as many patients. The PresidentŐs plan could mean that New York would get as much as $6,000 from the federal government for each new patient it adds to its Medicaid rolls, where California could receive only $2,000 for its next additional enrollee. TAXATION PROPOSALS R&D Tax Credit -- The budget proposes to extend for one more year (from 5/31/97 to 5/31/98) the tax credit for Research and Experimentation (a.k.a. research & development). It is disappointing that the proposal does not propose a permanent extension, nor retroactively apply the credit for the troublesome Ô95-Ő96 lapse. Nevertheless, a one-year extension would be beneficial to California, which has a high concentration of research-intensive companies. Orphan Drug Tax Credit -- The budget proposes to extend for one year the 50% tax credit for clinical testing of certain drugs, which would benefit CaliforniaŐs large biomedical industry. Foreign Sales Corporation Benefits for Intangibles -- The budget proposal would extend FSC benefits to licenses of computer software and other high-tech ŇintangiblesÓ for reproduction abroad. California has a very high concentration of such companies, and this proposal would work to their benefit. Per Child Tax Credit -- The PresidentŐs budget proposes a tax credit for children under age 13 at $300 per year for 1997-99, and $500 per year afterward. The concept is similar to a credit previously proposed by Republican Congressional leaders, though this credit would be phased out for taxpayers with incomes between $60,000 and $75,000. California is a relatively high percentage of children would suggest that the state might benefit from the credit, while the fact that the stateŐs incomes remain somewhat above average (ranked 12th in 1995) despite the recent recession would mitigate this advantage. Capital Gains Exclusion on Home Sales -- The budget proposes to exclude from capital gains taxation up to $500,000 of gain on the sale of a taxpayerŐs principal residence, up from the current $125,000 (the exclusion would be only $250,000 for single taxpayers). Because CaliforniaŐs real estate values tend to be considerably above the national average, increasing the limitation could auger better for California than for other states. Precise details regarding the proposal were not provided yet, however. Tax Credit for Employing Welfare Recipients -- The budget proposes a tax credit of up to $5,000 for companies who give a job to welfare recipients. California is home to 20% of the nationŐs welfare recipients. FEDERAL RESEARCH AND DEVELOPMENT SPENDING California is by far the largest recipient of federal research and development expenditures. A study by the National Science Foundation determined that 22.6% of federal R&D funds are spent in California. Unfortunately, the PresidentŐs budget proposes essentially level funding for federal R&D -- proposing $72.7 billion, compared to $72.8 billion in FY97 and $70.3 billion in FY96. A 4% increase in civilian R&D spending (from $33.1B to $34.3B) would be offset by a 3% decline in defense R&D spending (from $39.7B to $38.3B). On the positive side, California receives a large share of basic research, which would rise 2% on both the defense and civilian sides. BAY-DELTA President's proposal honors the bipartisan commitment the President and Congress made last fall under H.R. 4126, by funding $143.3 million in the first of three installments of matching funds. The state funding comes from November's passage of Proposition 204, the Clean, Safe, Reliable Water Supply Act, and is intended to develop a long-term solution to the environmental, water quality, water supply and system vulnerability problems of the San Francisco Bay and Delta. NASA Between 20% and 30% of the total NASA budget makes its way into California -- predominantly through the awarding of contracts for spacecraft development and operational costs at NASA's two California based research centers and one laboratory. The total proposed NASA budget is scheduled to decrease by $209 million (from $13.7 billion to $13.5 billion). In real dollar terms, the reduction would be approximately $500 million. NASA Centers and Labs -- Funding for each of the three California NASA labs facilities would be raised. The Ames Research Center is scheduled to receive an increase in their total operations budget by $40,778,000; the Dryden Flight Research Center is scheduled to receive an increase in their total operations budget by $13.5 million; and the Jet Propulsion Laboratory at Caltech in Pasadena would be scheduled to receive an increase in their total operations budget by $42.6 million. Human Space Flight -- Funding for the space station would remain nearly level, slipping $27 million from $2.149 billion in FY97 to $2.121 billion in FY98. The space shuttle program would see a similiar slide, from $3.151 billion to $2.978 billion. Both the space shuttle and space station programs are significant to California. Space Sciences -- The PresidentŐs budget proposal would raise space sciences funding from $1.97 billion to $2.04 billion. Mission to Planet Earth (MTPE) -- Overall funding for the Mission to Planet Earth program, which focuses on earth environmental changes and which has significant California components, would rise from $1.36 billion to $1.42 billion under the Administration proposal. Components of the MTPE project which would see the increase are the Earth Observing System (EOS) and launch services; other components would decline. NASA Technology Advanced Space Transportation -- The Reusable Launch Vehicle, or X- 33, is scheduled to receive an increase of funding of $85 million over last years budget. The X-33 is being produced by Lockheed Martin's Skunkworks plant in Palmdale, in conjunction with Boeing's Rocketdyne division. DEFENSE The PresidentŐs budget for FY98 would reduce defense spending nearly $7 billion, from $254.3 in FY97 to $247.5 billion in FY98, not counting inflation. The budget includes $42.6 billion for procurement for weaponry modernization, a level one third below the level that the Joint Chiefs of Staff had requested. The military share of federal outlays would fall from 15.6% in FY97 sharply downward to 14.7% in FY98 under the proposed plan. By comparison, the military share of federal outlays during the 1980s averaged about 25%. (When budget authority rather than outlays are examined, the military share of the budget is roughly 50%, down from more than 60% in the 1980s.) California remains a defense procurement hub, particularly in the aerospace arena, so the proposed reduction would again hit California economically. The 104th Congress last year added more than $5 billion for upgraded weapons procurement. ENERGY The proposed budget shows an increase in Department of Energy funding of $2.7 billion, from $16.5 billion to $19.2 billion. Most of this increase ($2.3 billion) however would be due to a shift in the financing of DOE construction from a year-by-year basis to an Ňup-frontÓ basis. Several energy program areas of importance to California appear slated for reductions, however. The PresidentŐs budget would again reduce the magnetic fusion program, from $231 million to $225 million. A significant portion of fusion research is conducted in California. The budget documents did express support for the California-centric DIII-D and ITER programs. Solar and renewable energy programs would grow from $266 million to $343 million under the proposed budget plan. While anecdotal reports indicate that the National Ignition Facility which is under construction at the Lawrence Livermore National Laboratory is safe, the overall nuclear weapons Stockpile Stewardship heading in the budget appears slated for a reduction, from $1.66 B to $1.44 B. The High energy physics request would reduce funding from $670 million to $624 million, though it expresses support for StanfordŐs linear lollider, and would fund a detector for the B-Factory. EDUCATION The PresidentŐs budget began to flesh out some of the myriad education proposals outlined in his State of the Union message earlier this week. More details are expected later this month. The budget would authorize $4 billion in new spending on existing K-12 education, postsecondary education, Head Start and training/employment programs (an increase from $32 billion to $36 billion) and would also propose and additional $6 billion in tax credits, school construction funds, and challenge grants. Also proposed would be nearly $3 billion in additional loans for education. The Title One (education for the disadvantaged) program would grow to $8 billion under the presidentŐs plan, and Head Start would increase to $4.3 billion. Education technology, which did not even exist in FY96, is proposed to grow to $545 million in FY98. The budget would increase bilingual education by 27% to $200 million and immigrant education by 50% to $150 million. California is a significant recipient of both programs. The $5 billion proposed for school facilities construction would be subsidize bond interest payments. However, California is limited in its ability to pass bond measures because of high voter approval thresholds. Under the Job Training Partnership Act, the PresidentŐs budget proposes to increase funding of the Adult Training Grants by $169 million. If California averages its five year share of roughly 14% of funding from the program, the state would receive an additional estimated $23,660,000 from the program. Under the Employment and Training Assistance (Dislocated Workers) program, the President proposes an $87 million increase for Dislocated Workers Assistance. Assuming California's average share of 14%, California could increase its share of funding from the program by $12,180,000 if the PresidentŐs proposals are implemented. Combined, these two Labor Department programs are proposed to grow $233 million to $2.4 billion in 1998. TRANSPORTATION The Intermodal Surface Transportation Efficiency Act (ISTEA), which authorized most of the surface transportation programs between 1992-1997, is scheduled to expire later this year. With a few modifications, the PresidentŐs Budget maintains the federal transportation system ISTEA set into place. The Budget proposes over $25 billion in obligations for FY1998. Given the current reauthorization process currently underway in Congress, it is likely that the federal transportation system will undergo significant changes not contemplated by this budget proposal. FEDERAL HIGHWAY ADMINISTRATION -- The PresidentŐs Budget calls for the continuation of the major federal-aid highway programs including: the Surface Transportation Program, the National Highway System, Interstate Maintenance, the Bridge Program and the Congestion Mitigation and Air Quality Improvement Program. Proposed FY1998 obligations for these and the other highway programs will total $19.7 billion dollars, a decrease of 2.4% from estimated FY1997 obligations. This reduction is due largely to cuts in the Surface Transportation Program and demonstration programs. The budget also proposes that State Infrastructure Banks and other surface transportation programs which were previously funded by the General Funds, be funded instead by the Highway Trust Fund. The following are some budget issues of particular interest to California: Donor State Bonuses -- Of particular interest to California is the PresidentŐs decision to zero out funding for Donor State Bonuses. The bonus is a formula equity tool which apportions funds to states that will contribute more to the Highway Trust Fund than they will receive in allocations. In FY1996, FHWA apportioned nearly $102 million to California in a donor state bonus, 23.5% of the money that went to states for that purpose. DOT officials have indicated that they will outline other equity factors in their ISTEA reauthorization proposal due out later this month. Congestion Mitigation and Air Quality Improvement (CMAQ) -- The PresidentŐs Budget proposes a $169 million increase for CMAQ, the federal program that directs funds toward transportation projects which improve ambient air quality. Given the fact that California received 14.9% of federal CMAQ dollars in Fiscal Year 1996, ClintonŐs emphasis on air quality programs is good news for the state. Demonstration Projects -- The PresidentŐs FY1998 Budget calls for a $279 million cut in surface transportation demonstration projects. The General Accounting Office estimates, however, California received only approximately 5.7% of federal dollars for such projects. Emergency Relief -- Given the recent flooding in California, all federal disaster programs have immediate relevance for the state. The FHWA program, which funds the reconstruction of federal-aid highways and bridges damaged in natural disasters, will be cut from $287 million to $100 million in the PresidentŐs Budget. This figure is misleading, however, because the reduction comes in the context of an overall $5.8 billion Presidential request in contingent funds which can be used for this and other federal relief programs. State Infrastructure Banks -- In 1996, California was named one of ten states that will test the use of State Infrastructure Banks (SIBs) as a method for financing transportation projects. The SIBs, enacted as part of the National Highway System Designation Act, are designed to support bond financed programs and to leverage state, local and private sources of capital to increase investment in the nationŐs surface transportation infrastructure. The President has proposed $150 million for this program in FY 1998. FEDERAL TRANSIT ADMINISTRATION -- The PresidentŐs Budget proposes nearly $4.4 billion in obligations for FTA programs, representing a reduction of 21% from FY1998 levels. The bulk of the reduction comes from cuts to the formula and discretionary grant programs. These two programs, which in combination accounted for $5.2 billion in FY1997 obligations, would collapse into one budget category with $3.4 billion in FY1998 obligations. The budget includes a policy proposal which fund all FTA programs through the Mass Transit Account of the Highway Trust Fund. Shifts away from federal transit funding could seriously disadvantage CaliforniaŐs share of all federal transportation funding. Unlike CaliforniaŐs modest shares in highway programs (ranging from 3.9%-10.3% in FY95, the latest year available), the state claims high percentages of federal transit dollars (program shares ranged from 15.1% - 20.8% in FY95). FEDERAL EMERGENCY MANAGEMENT AGENCY In recent years, federal disaster relief programs have played a vital role in the economy of California. The PresidentŐs FY1998 Budget advances a new funding approach for federal disaster assistance. In the past, FEMA has received a base funding level which, in the event of a Presidentially declared emergency or natural disaster, was supplemented by emergency appropriations from Congress. This financing mechanism resulted in Congressional emergency disaster relief was being appropriated outside of the pre-existing budget framework. In an effort to increase national readiness and flexibility with respect to disasters and emergencies, the President has proposed a new structure. As a base appropriation, FEMA will receive $2.3 billion in FY1998, a decrease of $2.2 billion from FY1997 levels. This reduction is compensated for by a $5.8 billion request in contingency funding for FY1998. The contingency figure is calculated as the average annual emergency spending from 1991-1997. The base programs will have access to the proposed contingency fund once all current appropriations have been obligated, and a presidential decision has been made to make funds available. This funding approach is meant to allow federal flexibility in disaster response without dedicating specific dollar figures to particular programs. Flood Relief and Coastal Protection -- The President proposes $44.7 million for immediate flood relief and levee upgrades along 13 miles of the American and Sacramento Rivers and another $7 million along the San Mateo Creek. In addition, $2.5 million has been proposed for appropriation for construction in Humboldt Harbor and another $200,000 for the San Lorenz River. Provided approval by Congress, the early allocation of money in the President's budget will allow the Army Corps of Engineers to begin immediate reconstruction of the recently flood ravaged levees. COMMERCE DEPARTMENT -- Two technology programs at the Commerce Department would be increased under the proposed budget. The Advanced Technology Program, for whose funds California has competed well but which has faced budget difficulties, would grow from $225 million to $275 million. And manufacturing extension partnerships would grow from $95 million to $129 million. CONSUMER PRICE INDEX -- The budget proposes an additional $17.5 million for an examination of the CPI. The CPI has been in the news recently since a congressionally-appointed commission concluded that the index overstates inflation, and Fed Chairman Alan Greenspan agreed. If extra funds are in fact allocated to the Bureau of Labor Statistics for data improvement, another subject worth considering would be development of state-by-state figures for cost-of-living. At present, BLS calculates a CPI only for the for 29 metropolitan areas and for the nation as a whole. _____________ The California Institute is a 501(c)(3) nonprofit corporation conceived by the state's bipartisan elected representatives, and created and sustained with the support of the stateŐs business, labor, and academic communities. The Institute seeks to identify issues critical to the economic health of California, to coordinate the development of research data pertaining to these issues, and to communicate this policy research information to the California Congressional Delegation in a bipartisan manner.