Action Alerts

Ongoing: Updated Economic Recovery Action Alert coming soon. Stay tuned...

Major Events Last Week

Economic Recovery

Despite zero support from Republicans and the defection of eleven Democrats, the strong House Democratic Majority won passage of H.R. 1, the American Recovery and Reinvestment Act of 2009. The final vote was 244-188. The bill would spend $819 billion, with about one third ($275 billion) set aside for individual and business related tax cuts. H.R. 1 contains billions of dollars to support disability programs, including $87 billion for Medicaid, $13 billion for special education, $600 million for IDEA Early Intervention services, $500 million for Vocational Rehabilitation State Grants, several billion dollars for HUD housing programs and at least $3 billion for community based block grants.

By a vote of 14-1 the Senate Finance Committee passed the American Recovery and Reinvestment Act (S.2). The formula for determining how the $87 billion increase in the federal share of Medicaid spending will be distributed to states over two years was changed from the House bill. For an analysis of how this will affect your state see
http://www.cbpp.org/1-26-09bud.htm

Health Care

By a vote of 66-32, the Senate passed legislation (H.R. 2) to reauthorize the State Children's Health Insurance Program for four and a half years and expand coverage to an additional four million children. Since the Senate bill is very similar to the House bill, later this week the House will vote on the Senate bill instead of resolving differences via Conference Committee. The legislation will then be sent to President Obama for his signature.

Obama Cabinet

By the end of last week, the majority of White House nominees for Cabinet posts had been confirmed by the U.S. Senate. Key Cabinet nominations still pending of interest to the disability community include the Attorney General (Eric Holder) and the Secretaries of Labor (Hilda Solis) and Health and Human Services (Tom Daschle).

Senate

The Board of Directors of the Consortium for Citizens with Disabilities (CCD) met with Senate Majority Leader Harry Reid (D-NV) last week to discuss major issues of importance to people with disabilities and the 111^th Congress. The DPC's Marty Ford and Paul Marchand participated in the meeting.

Pay Equity

On January 29^th, President Obama signed his first bill into law, the Lilly Ledbetter Fair Pay Act of 2009. P.L.111-2 addresses the Supreme Court decision of Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618(2007) by clearly stating that this decision, contrary to Congressional intent, unduly restricted the time period in which victims of discrimination could challenge and recover discriminatory pay and practices. Specifically, this law amends the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, and the Rehabilitation Act to clarify that an individual who has been subject to wage or other compensation discrimination may recover up to two years of back pay. P.L.111-2 is retroactive and takes effect on May 28, 2007.

Technology

A bill to postpone the digital television (DTV) transition date failed in the House while the Senate reacted under pressure from the White House by passing a second version. On January 28^th, the House failed to pass the DTV Delay Act (S. 328). Meanwhile, the Senate reintroduced and passed a modified version (S. 352) on January 29^th in hopes the House will consider a vote this week. The Obama Administration and those in the Senate feel that an extension through June 12, 2009 will provide the needed time to transition over 3 million households that are still unprepared for the switch. $650 million is available in the recently passed House stimulus bill. If included in the Senate version, these funds would clear the backlog of consumers waiting for DTV converter box coupons and fund public technical support and information centers for the transition.

Emergency Management

Staff of the DPC, along with select members of other disability organizations, met with representatives of the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) to discuss needed improvements in the area of emergency management and people with disabilities. Key areas of concern: accessible, appropriate sheltering, transportation, improved coordinated efforts with local and state agencies, medical bias in times of triage, and addressing the specific needs of individuals with intellectual disabilities.

U.S. Department of Homeland Security Secretary Napolitano requested reports due later this month from FEMA in the area of state and local integration. FEMA will work with state and local emergency management to review existing coordinated preparedness efforts. Assessments to include: The Post-Katrina Emergency Management Reform Act, Target Capabilities List, State Preparedness Reports, Federal Preparedness Reports, Nationwide Plan Reviews, the National Response Framework, and planning requirements for emergency management grants.

Seclusion and Restraint

Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, asked the U.S. Government Accountability Office to further investigate recent reports of seclusion and restraint of children in public and private schools across the country. Miller's committee plans to hold a hearing on these practices in the coming months. For more information see:
http://www.house.gov/apps/list/speech/edlabor_dem/rel062508c.html

Republican Retreat

It was a short work week as the Republicans held their annual policy retreat.

Major Events Ahead

Economic Recovery

The Senate begins debate today on its version of the American Recovery and Reinvestments Act. Many amendments are expected to be offered all week and a vote on final passage may not occur until the weekend. The bill includes many of the House bill's provisions including an $87 billion increase over two years in the Federal share of Medicaid spending, increases for IDEA, early intervention and vocational rehabilitation programs, a one time $300 payment to all SSI and SSDI beneficiaries, and funding for energy efficiency for housing programs. There is an expectation that the Senate version will garner some Republican support. The Senate version would spend $888 billion, with $522 slated for tax cuts. Given the major differences between the House and Senate versions, a conference committee will be needed to resolve the differences between the bills. Congressional Democrats plan to have a bill ready for White House action on or around February 13. A planned week long President's Day recess may be postponed or curtailed if the economic recovery package is still pending at that time.

Cabinet Vote

The Senate is scheduled to vote today on the confirmation of Eric Holder as Attorney General. He is expected to be confirmed by a wide margin.

Fiscal Year 2009 Omnibus Appropriations

The House may vote on the FY 2009 Omnibus Appropriations bill. This bill would appropriate funding for literally all disability programs. House and Senate appropriators have been working for months to reach a compromise on FY 2009 discretionary spending. No figures have been released yet on specific spending levels.

Education

DPC staff, along a few other disability education advocates, will meet today for the first time with Arne Duncan, the recently confirmed Secretary of Education.

Key Hearings

The House Judiciary Committee holds a hearing on Wednesday on the so-called "midnight rules." These rules were published in the final months of the Bush Administration. The Congress is expected to review all of these last minute regulations. Some may be withdrawn by the Obama Administration while others may be delayed by the Congress.

The Senate Health, Education, Labor and Pensions (HELP) Committee has a hearing scheduled on Thursday to review "best patient care practice".

Employment

On Friday the Department of Labor will release the monthly unemployment report. For the first time, it will include data on the unemployment rate of people with disabilities. The disability advocacy community has advocated for over a decade to have to disability questions in the survey the federal government does to determine unemployment rates. The questions were finally permanently added last summer. We expect to provide further background information on The Arc and UCP's Web sites later this week.

Democratic Retreat

This will also be a short work week on the Hill as Democrats hold their retreat later in the week.

Announcements

Economic Recession

The Center on Budget and Policy Priorities has updated two of its reports on the effect of the recession on states. State Budget Troubles Worsen, (http://www.cbpp.org/9-8-08sfp.htm) found that 46 states faced or are facing shortfalls in their budgets for this or next year. Facing Deficits, At Least 39 States are Imposing or Planning Cuts that Hurt Vulnerable Residents (http://www.cbpp.org/3-13-08sfp.htm) found that twenty-two states and the District of Columbia have made cuts to medical, rehabilitative and other programs that serve people with disabilities.

2009 Disability Policy Seminar

The 2009 Disability Policy Seminar is now open for registration. The event will take place April 27-29 in Washington, DC. A New Era: Embracing Opportunities In The Face Of Grave Challenges, the 2009 Disability Policy Seminar theme, will explore the unique challenges and opportunities facing the new 111^th Congress and Obama Administration brought about by the 2008 election results and the economic crisis. At the 2009 Seminar, hundreds of disability advocates from around the country will gather to discuss a wide range of public policy issues affecting people with disabilities and their families. We expect the following public policy issues will take center stage: Budget and Appropriations; Entitlements (Medicaid, Medicare, Social Security); Health Care and Long Term Services Reform; Developmental Disabilities Act; and Employment. To register for the 2009 Seminar and make your hotel reservations, please visit:
http://www.ucp.org/ucp_generalsub.cfm/1/8/12477

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