Transcript Governmental Affairs Seminar - Center on Disability Studies

Legislative Advocacy on a
National Scale
Samantha Marsh, M.T.
May 7, 2009
About the Association of University
Centers on Disabilities (AUCD )
2
Federal Legislative
Process
Three Branches of Federal
Government
Federal Government
Executive Branch
President & Administration
Judicial Branch
Courts
Executes laws
Legislative Branch
Congress
House & Senate
Enacts laws
Interprets laws
4
President & Executive Branch

Comes up with ideas for
new laws

Writes the rules that
make the laws work

Enforces the laws

Signs or Vetoes bills
Has access to the media

5
Executive Cabinet

Secretary of Health
and Human Services

Secretary of
Education
6
th
111
Congress
Democrats control both houses of Congress,
control over floor agenda, committee chairs,
committee ratios, and committee agendas
 Congress will last from January 3, 2009, until
January 3, 2011
 100 Senators
435 Representatives
6 Non-voting members

7
House of Representatives
 435
Members
 Two-year
terms
 More
rules
 More
focused on regional issues
8
House Leadership
Speaker Nancy Pelosi (D-CA)
 Majority Leader Steny Hoyer (D-MD)
 Minority Leader John Boehner (R-OH)
 Majority Whip James Clyburn (D-SC)
 Minority Whip Eric Cantor (R-VA)

9
Key House Committees



Budget
 John Spratt (SC), Chair
 Ranking Member Paul
Ryan (WI)
Appropriations
 David Obey (WI), Chair
 Ranking Member Jerry
Lewis (CA)
Ways and Means
 Charles Rangel (NY),
Chair
 Ranking Member Dave
Camp (MI)



Judiciary
 John Conyers (MI), Chair
 Ranking Member Lamar
Smith (TX)
Education & Labor
 George Miller (CA), Chair
 Ranking Member Howard
McKeon (CA)
Energy & Commerce
 Henry Waxman (CA),
Chair
 Ranking Member Joe
Barton (TX)
10
Senate
 100
Members
 Six-year terms
 More focused on national issues
 Less rules
 Consent agreements
 More individual power
 Filibuster – use of parliamentary
procedures to delay or kill bills
11
Senate
Leadership




Majority Leader Harry Reid (D-NV)
Minority Leader Mitch McConnell (R-KY)
Assistant Majority Whip Richard Durbin (DIL)
Assistant Minority Whip John Kyl (R-AZ)
12
Key Senate Committees


Appropriations
 Chair Inouye, HI
 Ranking Member Thad
Cochran, MS
Budget
 Chair Conrad, ND
 Ranking Member Judd Gregg,
NH



Finance
 Chair Baucus, MT
 Ranking Member Charles
Grassley, IA
Health, Education, Labor &
Pension
 Chair Kennedy, MA
 Ranking Member Michael
Enzi, WY
Judiciary
 Chair Leahy, VT
 Ranking Member Arlen
Specter, PA???
13
Hawaii
Delegation - Senate

Daniel Inouye(D)





Appropriations Chair
Commerce, Science and
Transportation
Rules and Administration
Indian Affairs
Daniel K. Akaka (D)





Armed Services
Banking/Housing/Urban
Homeland Security
Veteran’s Affairs Chair
Indian Affairs
14
Hawaii
Delegation - House
Neil Abercrombie(D-1st ) – Armed Services
and Natural Resources
 Mazie K. Hirono (D-2nd)– Education and
Labor, Transportation and Infrastructure

15
16
How a Bill Becomes a Law
Introduced by Member of Congress
 Sent to Committee/Subcommittee
 Hearings and markups held
 House or Senate debates
 Conference Committee meets
 House and Senate approve
compromise
 President to signs into law

17
Federal Budget
18
Federal Budget Process
Enactment of bills authorizing/mandating
appropriations
 Submission of President’s Budget
 Passage of Budget Resolution (BR)
 Sometimes the BR contains instructions
called Budget Reconciliation
 Enactment of 12 appropriations bills
 President signs or vetoes

19
Federal Budget
Authorization – establishes or continues
(reauthorization) an agency or program
 Appropriations – funds the authorized
programs
 Discretionary spending (1/3 budget)
 Entitlement/mandatory spending – for
programs guaranteed to eligible individuals a
specified level of benefits, e.g. SSI and
Medicaid (2/3 budget)

20
Budget Timeline

President submits budget
 usually

early February
Congress enacts concurrent Budget Resolution
 by
April 15th

Budget reconciliation

302(b) allocations

H&S agree on 13 annual appropriations bills

Fiscal year begins October 1st
21
Break
Kareem Dale Video
Taking Action
What is advocacy?
Influencing public policy
 Seeking adequate funding
 Making sure laws are implemented
 Making sure laws are enforced
 Making sure laws are interpreted correctly

24
How to advocate
Need to understand:
 Legislative process
 How
are policies made?
 Timeline for decisions
Who the key policymakers are
 Political Climate
 Current and Key Issues

25
Who do you know?
26
What can you do?





Write letters
Make phone calls
Make personal visits
Write letters to the editor
Start an advocacy
network





Build a coalition
Organize a
demonstration
Develop notebook of
positive activities
Organize and educate
voters
Hold candidate forum
What worked/didn’t work for you?
27
What can you do?


Put your issue on your
Members’ radar screen
Make your group a force
to be reckoned with
28
Resources

AUCD: http://www.aucd.org
 In
Brief: http://www.aucd.org/aucd_inbrief.htm
 Action Center: http://capwiz.com/aucd/home/
 Public Policy Website

Consortium for Citizens with Disabilities:
http://www.c-c-d.org
29
Questions?
30
Legislative Update
Key Disability Issues for 2009









Lifespan Respite Care Act
Long-term Services and
Supports
CLASS Act
Direct Support Professionals
Autism
Developmental Disabilities Act
Hate Crimes
Education & NCLB
Budget and Appropriations
32
Budget and
Appropriations
President’s FY 2010 Budget
February 2009 President submitted “bare
bones” FY 2010 Budget Request
 Final version of budget request expected
mid May
 President’s 2010 Budget Information
 A New Era of Responsibility: Renewing
America’s Promise

 $3.6
trillion new investment in health care,
education, energy independence and tax policy
34
FY 2010 Budget Resolution
(S Con Res 13)
Both chambers adopted FY 2010 BR
 Congress adopted the fiscal 2010 budget on
April 29th with no GOP support (21 Democrats
also voted against the measure)
 $3.65 trillion total includes reconciliation
instructions

 Health
Care proposal could move through Congress
without a fillibuster
35
Legislative Issues and
Current Legislation
Long Term Services
CCA, CLASS, Direct Support

Improvements to long-term services and
supports
 Improvements
to the Medicaid Home and
Community Based State Plan Option

Sens. Kerry (D-MA) and Grassley (R-IA) Empowered at
Home Act (S 434)
 Make improvements to state HCBS options
 Establish incentives for states to take up the option
37
 Removal
of the 2-year waiting period for Medicare
for individuals with disabilities eligible for SSDI
Sens. Bingaman (D-NM), Brown (D-OH) and Collins (RME) Ending the Medicare Disability Waiting Period Act
of 2009 (S 700)
 Reps. Green (D-TX) and Terry (R-NE) introduced
companion bill in House (HR 1708)


Legislation would gradually phase out the 2 year waiting period
for Medicare
 Relevant
Committees
 Senate Finance Committee
 House Energy and Commerce Committee
(Subcommittee on Health)
38
Community Choice Act
S. 683 and H.R. 1670

Introduced on March 3, 2009




Senator Harkin (D-IA) and Specter (R-PA) and Rep. Davis (D-IL)
Allows choice in long term care options
Seeks to correct the institutional bias in the Medicaid program by
giving individuals who are eligible for nursing facility services or
other institutional "care" equal access to community-based
services and supports, like attendant services.
Builds the capacity of local communities to provide the necessary
services and supports for people with disabilities to live in their
communities
39

Get your Member of Congress for co-sponsor
and pass the CCA
 Stand
alone legislation
 Piece of comprehensive health care reform

Relevant Committees
 Senate
Finance Committee
 House Energy and Commerce Committee

Subcommittee on Health
40
The Community Living Services and Supports Act
(CLASS Act)
S. 697 and H.R. 1721


1 in 5 households in the United States, family caregivers are
providing care to an individual with disabilities.
The CLASS Act provides options to purchase long-term care
insurance through a national program.


Compliment to the Medicaid program


Provides critical coverage without forcing people into impoverishment
New national insurance program (payroll deductions)
Ideally incorporated within comprehensive health care reform
41
Introduced by Senator Kennedy (D-MA) and
Representative Pallone (D-NJ)
 Senate Special Committee on Aging Hearing in
March 2009
 Swift passage of the CLASS Act
 Relevant Committees

 Senate
Finance and HELP
 House Energy and Commerce
 House Ways and Means
42
Direct Support Professionals Fairness
and Security Act of 2009





Introduced on February 4, 2009 (H.R. 868) by
Congresswoman Lois Capps (D-CA) and Congressman
Lee Terry (R-NE)
Amends title XIX of the Social Security Act
Gives states a much-needed option to secure additional
federal dollars for the direct support workforce.
Referred to the House Committee on Energy and
Commerce
No Senate version as of yet
43
Health Care Reform
Key Policy Issue
 White House Health Reform Summit
 Disability Community advocated for inclusion
of long term services insurance program and the
improvement of the Medicaid program

 Reduce
“spending down”
 Removing Medicaid’s Institutional bias
44

Support Health Reform Legislation
 Coverage
available through private insurance for
ALL Americans
 Incorporation of long term services and supports
 Strengthen Medicaid program
 Amending the Public Health Services Act to require
appropriate training

Relevant Committees
 Senate
Finance, HELP and Budget
 House Budget, Ways and Means and Education and
Labor
45
Social Security and Supplemental
Security Income
Years of inadequate funding for SSA
 Delays and decreases in services
 Adjustments needed to programs

 SSA’s
Administrative Expenses
 Efforts to address solvency
 Improvements needed to SSI and Social Security
Disability Programs
46
SSA received $500 million through ARRA for
addressing backlog and $500 million to replace
National Computer Center
 Congress should:

 Increase
appropriations to SSA
 Address areas for improvement

Relevant Committees
 Senate
Finance, Budget and Appropriations
 House Ways and Means, Budget and Appropriations
47
Autism Treatment Acceleration Act
S 819





Introduced on April 2, 2009 by Senators Durbin (D-IL), Casey (DPA), and Menendez (D-NJ) (House version Rep. Smith and Doyle)
This bill was originally drafted with President Obama when he was
in the Senate near the end of the 111th Congress.
Bill incorporates some of the provisions of the Expanding the Promise
to Individuals with Autism Act introduced by Sen. Clinton in the last
Congress, including a revised version of the interdisciplinary
training provision to increase the number of professionals skilled to
work with individuals with ASD.
The bill (S. 819) was referred to the Senate HELP Committee.
No similar bill has been introduced in the House
48




Educate Members of Congress about the need to build
capacity to provide interdisciplinary training and
research through fully funding the Combating Autism
Act
Especially those on Senate Health Education and
Pensions (HELP) and House Energy and Commerce
Committees
Urge your Members to co-sponsor Autism Treatment
Acceleration Act S. 819
See action center for alerts and sample letter!
www.aucd.org
49
Achieving a Better Life Experience
(ABLE) Accounts Act of 2009
S.493 and H.R. 1205




Sens. Casey (D-PA), Hatch (R-Utah), Dodd (D-CT),
Burr (R-NC), Kennedy (D-MA), and Brownback (RKS)
Reps. Kennedy (D-RI), McMorris Rodgers (R-WA),
and Meek (D-FL)
To encourage individuals with disabilities to save, taxfree, for disability-related expenses
Broad allowed expenses and flexibility in management
of account
50
Both bills have a growing bipartisan list of cosponsors
 No hearings scheduled yet
 Urge Members to co-sponsor the ABLE Act
and begin committee action
 Relevant Committees

 Senate
Finance Committee
 House Ways and Means Committee
 House Energy and Commerce Committee
51
Developmental Disabilities Act
Reauthorization
The DD Act creates the UCEDD program, the
DD Councils, and Protection and Advocacy,
Projects of National Significance and Family
Support Programs
 The DD Act is up for reauthorization
 Collaborating with our partners on strategy
 Educate lawmakers about importance of DD
Act

52

No bills offered yet for re-authorization
 Omnibus
FY 2009 modest increases
Congress should provide a significant increase in
appropriations over FY 2009 funding levels
 Timely reauthorization
 Relevant Committees

 House
and Senate Appropriations
 House Energy and Commerce
 House Education and Labor
 Senate HELP
53
Local Law Enforcement Hate Crimes
Prevention Act of 2009 (H.R. 1913)


Representative John Conyers (D-MI) introduced bill
No Senate bill as of yet





Sen. Kennedy is expected to introduce a companion bill in the Senate
soon.
President Obama has stated his support for this legislation.
Gives law enforcement authority to investigate and prosecute
federal crimes based on the victim's disability, whether real or
perceived
Authorize funding to states to help with the prosecution of Hate
Crimes.
This act will broaden the definition of hate crimes to include
disability, sexual orientation, gender and gender identity.
54
Members of House co-sponsor HR 1913
 Member of Senate introduce and support
companion bill
 Relevant Committees

 House
and Senate Judiciary Committees
55
Education
HEOA, NCLB and IDEA

Higher Education Opportunity Act Public Law
110-315)
 Recently
reauthorized (August 2008)
 New postsecondary educational opportunities for
student with disabilities
Model Programs
 Technical Assistance
 Expanded Loan Programs
 Professional Development

56
No Child Left Behind (NCLB)






Overhaul expected
Kennedy and Miller Chairs of Education Committees
released draft bills last Congress
CCD recommendations – ensure people with
disabilities included in accountability system
How to address shortage of highly qualified personnel
Strategies for addressing challenging behaviors
Need to educate new Secretary
57
No bills introduced yet
 Recommendations

 Close
coordination of NCLB and IDEA policies
 Monitor that changes do not negatively impact
students with disabilities
 Fully fund new provisions in HEOA
 Increase funding for IDEA

Relevant Committees
 House
Education and Labor
 Senate HELP
 House and Senate Appropriations
58
Employment





Legislation to reauthorize Workforce Investment Act
(WIA) and Vocational Rehabilitation Act not
introduced
Senate HELP Listening Sessions
House bill for WIA expected
Ticket to Work Hearing
Relevant Committees
 House
and Senate Appropriations
 House Education and Labor/Senate HELP
59
Housing

Priced Out in 2008 Study
4
million Americans with disabilities on SSI have to pay
112.1% of monthly income to rent (modest 1 bedroom)

Section 811 Supportive Housing for Persons with
Disabilities Program
 Supported
housing units (owned by non-profits)
 Pay 30% of adj. income (affordability for SSI beneficiaries)

Frank Melville Supportive Housing Investment Act of
2009 (HR 1675)
 Reps.
Murphy (D-CT) and Biggert (R-IL)
60

Members of Congress should:
 Increase
funding to Section 811
 Support Frank Melville Supportive Housing
Investment Act of 2009 (HR 1675)

Relevant Committees
 House
and Senate Appropriations
 House Committee on Financial Services
 Senate Banking, Housing and Urban Affairs
61