Action Alerts

Ongoing: None.

Major Events Last Week

Disability Representatives Meeting with President Obama

On July 24, President Obama met with 12 representatives of the disability community along with Attorney General Holder, Secretary of Labor Solis, and senior White House officials in advance of the East Room ceremony announcing the decision to sign the UN Convention on the Rights of Persons with Disabilities (see below). The DPC's Marty Ford participated in the meeting representing the Consortium for Citizens with Disabilities. A broad range of issues were addressed, including: Olmstead enforcement; health care reform; the need to end the institutional bias in Medicaid; employment; education; technology; civil rights policy; reducing the waiting period for Americans with Disabilities Act complaints to be resolved; internet accessibility, enforcement of the affirmative action provisions in the Rehabilitation Act; protecting children from the use of aversives and restraints; and implementing a government-wide strategy to improve the representation of people with significant disabilities in the federal workforce. The disability community representatives came away believing that the President, his Cabinet representatives, and his senior White House staff are committed to working with the disability community to achieve the goals of the Americans with Disabilities Act. The representatives expect to follow up with key officials on all of the issues discussed at the meeting.

President Obama Marks 19th Anniversary of the Americans with Disabilities Act (ADA)

Also on July 24, in a White House ceremony with many people with disabilities and advocates in attendance, President Obama marked the 19th Anniversary of the Americans with Disabilities Act by announcing that the United States will sign the International Convention on the Rights of Persons with Disabilities (CRPD). United States Ambassador to the United Nations Susan Rice will sign the treaty on July 30th at the United Nations as required under international legal arrangements. Upon her signature, the U.S. must uphold the general purpose of the treaty, but is not legally bound under international law to any specific article until the Senate ratifies the treaty. Senate ratification requires a 2/3rds majority. The CRPD addresses barriers that impede the full inclusion and participation of people with disabilities in their communities. Its provisions touch on all aspects of daily life, such as education, employment, living independently and being included in community life

President Obama was introduced by Secretary of State Hillary Rodham Clinton. Nearly a dozen members of Congress who played instrumental roles in the enactments of the ADA also participated. The DPC was represented by Paul Marchand, Liz Savage, and Marty Ford. Read the President's remarks at:
http://www.whitehouse.gov/the_press_office/Remarks-by-the-President
-on-Rights-of-Persons-with-Disabilities-Proclamation-Signing/

Health Care Reform

Senate Majority Leader Harry Reid (D-NV) announced that the Senate would not vote on health reform legislation until September.

Senate Finance Committee Chairman Max Baucus (D-MT), Sen. Kent Conrad (D-ND), Sen. Jeff Bingaman (D-NM), Ranking Member Chuck Grassley (R-IA), and Sens. Mike Enzi (R-WY), and Olympia Snowe (R-ME) continued negotiations to produce a bi-partisan bill that is deficit neutral.

The House Energy and Commerce Committee, chaired by Rep. Henry Waxman (D-CA) continued its mark-up of the America's Affordable Health Choices Act (H.R. 3200). Rep. Frank Pallone (D-NJ) offered an amendment that included a version of the CLASS Act, which was accepted. Later in the week, the mark-up was terminated due to concerns from fiscally conservative "Blue Dog" Democrats on the committee that the overall bill costs too much and does not sufficiently decrease long term health care costs. The Blue Dogs met with President Obama and held several meetings with Chairman Waxman and the House leadership. At week's end, nothing was resolved.

Fiscal Year 2010 Appropriations

The U.S. House of Representatives passed the two FY 2010 appropriations bills that are of major interest to the disability community. The bill to fund the Departments of Transportation and Housing and Urban Development (T-HUD) was passed on July 23, followed by passage the next day of the bill that funds the Departments of Labor, Health and Human Services and Education (L-HHS-ED).

The T-HUD bill provides $10.5 billion for the Federal Transit Administration, $148 million above the Administration request and $352 million above FY 2009 funding. For housing, the T-HUD bill provides $350 million for the HUD Section 811 Supportive Housing for Persons with Disabilities Program, a $100 million increase above the current FY 2009 level of $250 million. The L-HHS-ED bill would add $5.5 billion over the FY 2009 level for discretionary spending, but slightly less ($50 million) than requested by the Obama Administration.

The Senate has yet to hold any committee mark ups on these bills.

An edition of National Policy Matters will be published later this week for chapters of The Arc and Affiliates of UCP to provide more details on both bills.

Special Education Funding

During House debate on the FY 2010 appropriations for the Department of Education, Congressman John Kline (R-MN), the new Ranking Minority Member on the Education and Labor Committee, said he would have offered an amendment that would have increased IDEA funding by $1 billion by decreasing spending on programs in the appropriations bill that he deemed low priority, duplicative or ineffective. The amendment was similar to other attempts by Republicans to boost IDEA spending by cutting other human services programs. None of these proposed increases have been passed. The special education community has not supported these efforts. The Kline Amendment was not allowed under the rules of debate, thus killing the measure.

Education

President Obama and Education Secretary Arne Duncan announced the availability of about $9 billion in new grants to states, local school systems and other entities from funding available through the American Recovery and Reinvestment Act (ARRA). About half of the funding ($4.35 billion) will be provided through the "Race to the Top" fund, aimed at improving educational outcomes. All of the information about this funding, which includes competitive grant opportunities, can be found in the education section of the ARRA website, www.recovery.gov. The public is being given 30 days to comment on the funding availability. The Disability Policy Collaboration will provide comments.

Housing

By a vote of 376-51, the House of Representatives passed the Frank Melville Supportive Housing Investment Act of 2009 (H.R. 1675) which will significantly reform the Section 811 program. Its new demonstration program will triple the number of units to be built through use of other federal or state funds. The legislation was initially introduced by Reps. Christopher Murphy (D-CT) and Rep. Judy Biggert (R-IL).

Sens. Robert Menendez (D-NJ) and Mike Johanns (R-NE) introduced an identical companion version of the Frank Melville Supportive Housing Investment Act of 2009 (S. 1481).

Hate Crimes

The Matthew Shepard Hate Crimes Prevention Act (HCPA) passed the Senate as part of the National Defense Authorization Act for Fiscal Year 2010 by a vote of 87-7. The bill expands federal hate crime law to cover offenses based on a victim's gender, sexual orientation or gender identity, or on a disability. The bill now goes to the House-Senate Conference Committee where several controversial "poison pill" amendments will receive further consideration. One of the poison pill amendments includes a provision to include the death penalty as punishment in certain hate crime cases. Poison pill amendments are often introduced into a bill to create controversy and ultimately compromise the bill's passage.

Employment

On July 24^th the federal minimum wage was raised to $7.25 per hour. This increase is the last of three provided by the enactment of the Fair Minimum Wage Act of 2007, which amended the Fair Labor Standards Act to increase the federal minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and now to $7.25 per hour effective July 24, 2009.

Transportation

Each of the Senate Committees with jurisdiction over the various programs authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the highway and transit reauthorization, has approved an 18-month extension of the law. The key disability programs under SAFETEA-LU are the Program for the Elderly and People with Disabilities (Section 5310) which assists nonprofits serving people with disabilities and the elderly in meeting transportation needs, and the New Freedom Program (Section 5317) which provides funding to expand transportation options for people with disabilities.

The Obama Administration supports the 18-month extension, but the House continues to move forward with a 6-year comprehensive reauthorization. Key House members, including Rep. James Oberstar (D-MN), the Chairman of the House Transportation and Infrastructure Committee, are preparing for the full Committee mark up of the 6 year reauthorization proposal.

Major Events Ahead

U.S. Congress

This could be the last week the House of Representatives remains in session before leaving for a five week summer recess. The exact departure date could be delayed depending on whether the House is making more progress on health care reform. The Senate is scheduled to recess for the summer break on August 7. Both Houses will return to work after Labor Day.

Health Care Reform

The Senate Finance Committee negotiating team will continue to develop a bi-partisan bill that is deficit neutral. It is anticipated that fiscally conservative ("Blue Dog") members on the House Energy and Commerce Committee will continue to negotiate with the Committee's leadership. Without their seven votes, it is highly unlikely that a bill could pass the Committee since it is not expected to receive any Republican support.

FY 2010 Appropriations

The Senate Appropriations Subcommittee on Transportation-HUD and Related Agencies, chaired by Sen. Patty Murray (D-WA), will mark up its FY 2010 bill Wednesday. The full appropriations committee will mark up the bill on Thursday.

Education

DPC staff will participate today in a webinar regarding the new ARRA education funding.

Announcements

Disability Policy Collaboration Position Availability

The Arc and United Cerebral Palsy's Disability Policy Collaboration is seeking a Senior Lobbyist to cover disability rights, technology, emergency management, and family related issues. The Application deadline is August 3, 2009. For more information, see:
http://www.idealist.org/jobs/7702-103/345426-163 or
http://washingtondc.craigslist.org/doc/npo/1284865475.html

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