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The Disability Policy Collaboration Between United Cerebral Palsy and the Arc of the United States: Capitol Insider
 

Volume 14, Issue 19
May 18, 2009

Legislative Action CenterFederal Disability Policy Calendar

Action Alerts

Ongoing: Urge Your Members of Congress to Include Long Term Services and Supports in Health Care Reform

Action Alerts are messages for you to send to elected officials and need your immediate response. Click on the link(s) above to take action on current DPC action alerts.

Major Events Last Week

Social Security

The Social Security Board of Trustees released its annual report on the financial health of the Social Security Trust Funds. The Trustees project that program costs will exceed tax revenues in 2016, one year sooner than projected in last year's report. The combined assets of the Old-Age and Survivors, and Disability Insurance (OASDI) Trust Funds will be exhausted in 2037, four years sooner than projected last year. The Trustees indicate that the worsening of the long-range outlook for the Social Security program is due in part to the recent economic downturn. In response to the Trustees report, some Members of Congress are urging that Congress address the solvency of the Trust Funds; it is possible that efforts might begin this year, after the health care reform efforts are completed. See highlights of the Trustee's Report at: http://www.socialsecurity.gov/pressoffice/pr/trustee09-pr.htm

Social Security/Medicare

According to the Medicare Trustees report, the trust fund that Medicare uses to pay for beneficiaries' hospital care will be insolvent by 2017. Since last year, this program has been paying out more than it collects in taxes and interest, in part due to the worsening economy. This estimated date of insolvency is two years earlier than that predicted by the trustees last year.

Medicare

Representatives Lucille Roybal-Allard (D-CA) and Pete Sessions (R-TX) introduced the Guidance, Understanding, and Information for Dual-Eligibles (GUIDE) Act of 2009 (H.R. 2390). This bill will create a three- year Medicare prescription drug outreach demonstration program to educate individuals with cognitive and mental disabilities who are eligible for both Medicare and Medicaid on how to navigate the Medicare Part D prescription drug program. It is estimated that over 500,000 persons with intellectual and developmental disabilities are dual-eligibles.

Federal Intellectual Disability Terminology

Disability Policy Collaboration (DPC) staff met with staff of Senator Barbara Mikulski (D-MD) to discuss legislation that would change the term "mental retardation" to "intellectual disability" in many federal laws. Senator Mikulski plans to introduce a bill soon on this topic.

Card Check Legislation

Despite negotiations to achieve a compromise on a bill to make it easier for workers to unionize, a deal does not appear imminent. About a half dozen Senate Democrats would have to support a compromise before the necessary sixty votes can be obtained to pass the measure.

ADA

Representative Duncan Hunter (D-CA) introduced the "ADA Notification Act of 2009" (H.R. 2397). This bill would amend Title III (which applies to public accommodations, commercial facilities, and private entities) of the ADA by requiring that individuals filing an accessibility complaint provide a detailed, written notice to the defendant of the alleged violation. Following the letter, the defendant would have 90 days with a possible 30 day extension before which legal action could be taken. A version of this bill has been introduced since 2000. Supporters of H.R. 2397 argue that it will reduce frivolous law suits. Disability rights groups contend that if the bill is passed, people with disabilities would have the unfair and unusual burden of seeking remedies enforcing a federal law which has been in existence for nearly 20 years. The Arc and United Cerebral Palsy oppose this bill. H.R. 2397 currently has no cosponsors, and it has been referred to the Judiciary Committee, of which Rep. Hunter is not a member.

Air Carrier Access Act

Updated regulations for the Air Carrier Access Act went into effect May 13, 2009. The regulations now clearly codify requirements for foreign air carriers and expand access and non discrimination requirements for those with service animals, persons that are deaf or hard of hearing, and oxygen users. See:
http://www.dotcr.ost.dot.gov/asp/airacc.asp


Major Events Ahead

U.S. Congress

With a week long Memorial Day recess looming, both Houses of Congress will rush this week to complete action on legislation. No major disability specific bills are slated for floor action.

Education

DPC staff will meet with other education advocates on Thursday with officials from the U.S. Department of Education to discuss the Department's guidance to states regarding the use of Recovery Act funding for special education. Of particular concern to general education groups are statutory provisions in IDEA which allow for some IDEA funding to be spent on general education if school systems meet certain requirements. With the large influx of IDEA funding from the Recovery Act, it is vital that the provisions of the IDEA statute be carefully implemented and enforced by the Department of Education.

On Tuesday the House Committee on Education and Labor will hold a hearing titled, "Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools." See:
http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

On Wednesday, U.S. Education Secretary Arne Duncan will testify before the House Education and Labor Committee. This is the first time Secretary Duncan has visited Capitol Hill to outline the President's educational agenda. See:
http://edlabor.house.gov/hearings/2009/05/the-obama-administrations-educ.shtml

Housing

On Thursday the House Financial Services Committee, chaired by Rep. Barney Frank (D-MA), will hold a hearing on the Section 8 Voucher Reform Act (SEVRA). Sean Donovan, Secretary of the U.S. Department of Housing and Urban Development, will testify. Persons with disabilities comprise approximately 18% of Section 8 households. The hearing can be accessed at:
http://www.house.gov/apps/list/hearing/financialsvcs_dem/hrh052109.shtml

Social Security

On Tuesday the House Committee on Ways and Means' Subcommittee on Social Security will hold a hearing titled, "The Social Security Administration's Employment Support Programs for Disability Beneficiaries." See:
http://waysandmeans.house.gov/hearings.asp?formmode=detail&hearing=679

Health Care

Today the Congressional Health Care Caucus will feature a panel discussion on improving the quality of health care. See:
http://health.burgess.house.gov/News/DocumentSingle.aspx?DocumentID=126302

Budget

On Thursday, the Senate Committee on Appropriations' Subcommittee on Labor, Health and Human Services, Education, and Related Agencies will hold a hearing on the FY 2010 Budget Request for the National Institutes of Health. See:
http://appropriations.senate.gov/News/2009_05_18_Schedule_for_the_Week_of_May_18.pdf?CFID=12502890&CFTOKEN=64495707


Announcements

Disability Policy Seminar Follow Up

Seminar participants have sent forms that recap ninety five visits with Congressional offices. These forms are now being reviewed by the policy staff of the Seminar sponsors for follow up. At least one hundred and fifty Congressional offices were estimated to have been visited on the Seminar Hill Day. Seminar participants who have yet to submit their Hill visit forms should do so ASAP.

White House Office of Public Engagement

Last week President Obama announced a new name and a new mission for the White House office charged with dealing most closely with the American people. The Office of Public Liaison is now the Office of Public Engagement (OPE). OPE will allow ordinary Americans to offer their stories and ideas regarding issues that concern them and share their views on important topics such as health care, energy and education. The office will have a strong on-line presence, including blog postings from OPE staff and other interactive elements. See:
http://www.whitehouse.gov/ope

Institutions/Victimization

Paul Marchand, Staff Director of the Disability Policy Collaboration, was interviewed on ABC's Nightline last Tuesday regarding the "fight club" set up in the Texas State School in Corpus Christi. A shorter version of this story was shown during prime time on ABC World News Tonight. See:
http://abcnews.go.com/video/playerIndex?id=7572576

Wireless Communications/ Emergency Management Conference

The Wireless Rehabilitation Engineering Research Center (RERC) will host a Wireless State of Technology Conference on Wireless Emergency Communications in Atlanta, GA from September 21 -23. This free event will bring together domestic and international stakeholders to examine the potential of wireless communications technology for improving support and assistance for persons with disabilities before, during and after a natural or manmade disaster. See:
http://sot.wirelessrerc.org/


Please note that you can view previous issues of the Capitol Insider, at UCP.org anytime by choosing "Capitol Insider" under "Public Policy."

Read previous Capitol Insider issues now.

If you have any questions, feel free to contact me at acosta@thedpc.org.

Sincerely,

Annie Acosta
Director of Communications and Grassroots
Disability Policy Collaboration

© 2010 United Cerebral Palsy and The Arc of the United States

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