The Capitol Insider for September 27

Action Alert

Congress is currently working on legislation, as part of the budget reconciliation, or Build Back Better Agenda, that will greatly affect the lives of people with disabilities and their families.

Urge your members of Congress to meet the needs of people with disabilities, their families, and the direct care workforce by investing in Medicaid home and community-based services (HCBS) to expand access to those services and create more and better direct care jobs.

Share your story about the importance of HCBS now.

Major Events

Senate Finance Committee Holds Historic SSI Hearing

On September 21, the U.S. Subcommittee on Social Security, Pensions, and Family Policy held the first hearing on Supplemental Security Income (SSI) in decades. Chaired by Senator Sherrod Brown (D-OH), senators discussed policy solutions to strengthen SSI, a program that 7.8 million people with disabilities, older adults, and people with low incomes rely on. Witnesses explained how many key features of SSI have not been updated in decades, trapping people with disabilities in poverty. The committee discussed outdated rules governing assets, earnings, and in-kind supports.

The Arc submitted a statement for record outlining updates to SSI that Congress should pass. If you would like to submit a statement, you can do so here.

Senate Judiciary to Hold Hearing on Toxic Conservatorships

On Tuesday, September 28, the U.S. Senate Committee on the Judiciary will hold a hearing on “Toxic Conservatorships: The Need for Reform.” This hearing will come after The Arc, along with a coalition of 25 civil and disability rights organizations, joined an amicus brief filed by the American Civil Liberties Union (ACLU) and the ACLU Foundation of Southern California in support of Britney Spears’ right to select her own attorney for her conservatorship proceedings. You can watch the hearing here.

Congress Considering Package That Includes Housing for People With Disabilities

The House Financial Services Committee released its portion of the reconciliation bill, which includes significant funding for housing and community development. This package includes $1 billion for the Section 811 Housing for Persons with Disabilities administered by the department of Housing and Urban Development (HUD). More information is available here.

House Passes Nine-Week Stopgap Spending Bill

On September 21, the House passed a continuing resolution to keep the government funded through December 3. The bill funds most agencies at the same level it did for fiscal year 2022. It also suspends the debt ceiling through December 16, 2021. The debt ceiling provision faces Republican opposition in the Senate. Lawmakers have until midnight on September 30 to come to an agreement to prevent a partial government shutdown.

CMS Awards $15 Million in Grants for Mobile Crisis Intervention Services

The Centers for Medicare and Medicaid Services (CMS) awarded $15 million in planning grants to 20 states to support expanding community-based mobile crisis intervention services. These services include behavioral health professionals trained in trauma-informed care, de-escalation strategies, and harm-reduction.

The following states were awarded planning grants: Alabama, California, Colorado, Delaware, Kentucky, Massachusetts, Maryland, Maine, Missouri, Montana, North Carolina, New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Utah, Vermont, Wisconsin, and West Virginia. More information is available here.

Announcements

National Disability Voter Registration Week

Tuesday, September 28, is National Disability Voter Registration Day. Register to vote or check your registration here.

Monthly Child Tax Credit Sent Out

On September 15, millions of families across the country continued to receive monthly checks from the federal government as part of the Child Tax Credit. Qualifying families receive monthly checks up to $300 per month for each dependent under 6 years old and up to $250 per month for each dependent aged 6 to 17.

If you have not automatically received your monthly credit and think you are eligible, visit this website to sign up.

Capitol Insider

Capitol Insider for the Week of March 22

March 24, 2021October 28, 2021 Snap4kids

Major Recent Events

Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.

President Signs COVID Relief Reconciliation Bill
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement. Senate Approves Becerra Nomination On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.

Senate Approves Garland Nomination
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act. Senate Approves Fudge Nomination On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.

Senators Introduce Disability Employment Incentives Act
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000.

Announcements
Members of Congress Unveil Bill to Make HCBS Available to All, Eliminate Institutional Bias
Last week, Senators Maggie Hassan (D-NH), Bob Casey (D-PA), and Sherrod Brown (D-OH); and Representative Debbie Dingell (D-MI) released draft text of a bill to make Home and Community-Based Services (HCBS) a mandatory benefit under Medicaid and eliminate waiting lists. Currently, states are allowed to limit HCBS services through waiting lists, while they cannot do so for institutional placements. This bill eliminates that institutional bias. Additionally, it increases federal funding to provide for higher pay for direct support professionals. See The Arc’s statement.

President Signs COVID Relief Reconciliation Bill
On March 11, President Biden signed the COVID relief reconciliation package. Notable provisions include: Funding for HCBS: 10% FMAP increase for HCBS for one year. Extension of Supplemental Nutrition Assistance Program (SNAP) benefit increase through September Economic Impact Payments of $1,400 per person, including for adult dependents Temporary increase in premium tax credits under the Affordable Care Act Extension and expansion of tax credits for business that provide COVID leave Expansion of Earned Income Tax Credit for childless adults Expansion of and refundability for the Child Tax Credit for low-income families See The Arc’s statement.

Senate Approves Becerra Nomination
On March 18, the Senate approved the nomination of Xavier Becerra to be Secretary of Health and Human Services (HHS) by a vote of 50-49. HHS is the cabinet level department that administers most federal health and social service programs, including Medicare, Medicaid, Affordable Care Act programs, Developmental Disabilities Act programs, Head Start, and Temporary Assistance for Needy Families. Additionally, it oversees the Centers for Disease Control and Prevention, the Food and Drug Administration, and the National Institutes of Health.

Senate Approves Garland Nomination
On March 10, the Senate approved the nomination of Merrick Garland to be Attorney General with a vote of 70-30. The Attorney General is a cabinet level position in charge of the Department of Justice, which is responsible for enforcing federal civil rights laws, including the Americans with Disabilities Act.

Senate Approves Fudge Nomination
On March 10, the Senate approved the nomination of Marcia Fudge to be Secretary of Housing and Urban Development with a vote of 66-34. HUD is the cabinet level department that oversees federal housing programs and enforces housing laws, such as the Fair Housing Act.

Senators Introduce Disability Employment Incentives Act
On March 9, Senator Bob Casey (D-PA) and seven other Senators introduced the Disability Employment Incentives Act (S.630). This bill increases three tax credits for employers. The Work Opportunity Tax Credit, which provides incentives for businesses that hire people referred by vocational rehabilitation or who are on Supplemental Security Income or Social Security Disability Insurance, would be increased from $2,400 to $5,000. The Disability Access Expenditures Tax Credit would be increased from $5,000 to $10,000. The Architectural and Transportation Barrier Tax Credit would be increased from $15,000 to $30,000. Announcements

Courts Permanently Block Public Charge Rule
On March 9, the Department of Justice announced it would stop defending the public charge rule. Later that day, the Supreme Court and 7th Circuit Court of Appeals dismissed all pending appeals. As a result, the ruling from the North District of Illinois that blocked the public charge rule is now in effect. The public charge rule defines how the Department of Homeland Security decides who is inadmissible to the U.S. because the government thinks they are likely to become a “public charge,” based on the use of certain government benefits. The rule made it extremely difficult for people with disabilities to immigrate to the United States. It also discouraged those who are already here from using critical public benefits, including the Medicaid-funded home and community based services that many people with disabilities rely on to fully participate in their communities.

CMS Announces Special Enrollment Period for Health Coverage
The Centers for Medicare and Medicaid Services (CMS) has announced it will open a special enrollment period (SEP) for federal marketplace health coverage. Typically, individuals can only enroll in marketplace health coverage or change plans toward the end of the year or after a major life event. As a result of the COVID-19 pandemic, CMS opened a SEP from February 15 to May 15 for individuals in states that use the federally facilitated marketplace (healthcare.gov). Additionally, several states with states-based marketplaces have also announced special enrollment periods.

Amtrak Accepting Claims in DOJ Settlement
The Department of Justice recently announced the opening of the Compensation Fund in their 2020 settlement with Amtrak. Find more information here on how to submit a claim.

Capitol Insider

Capitol Insider for the Week of January 11

January 11, 2021January 11, 2021 Snap4kids

Major Recent Events

Administrative Transition

This past Wednesday, January 6, a group of rioters led an attack on the U.S. Capitol, threatening our government and resulting in damage and multiple fatalities. Our thoughts and support are with those in danger from this attack. Congress, the Administration, and law enforcement must ensure accountability and that no further violence mars the transfer of power to the new Administration. For more, read the statement from the CCD Board of Directors.

President Signs COVID Relief, Omnibus Appropriations Bill

On December 21, both chambers passed H.R.133, a COVID relief and omnibus appropriations deal. The deal includes $1.4 trillion to fund the federal government through the end of fiscal year 2021 and $900 billion for COVID relief. President Trump signed the bill on December 27.

While the bill extends the Centers for Disease Control (CDC) eviction moratorium through the end of January 2021, it unfortunately takes minimal action on The Arc’s key priorities:

Dedicated funding for Medicaid home and community-based services (HCBS) to serve people with disabilities in their homes and communities and provide better wages and support for the DSP workforce was not included.
Personal protective equipment (PPE) for direct support professionals through designation as essential workers was not included.
Paid leave and sick days for all caregivers, which was not included in the emergency paid leave provisions. The legislation extended tax credits available for business to cover paid leave but eliminated rules about when business must provide leave and did not extend the tax credits to cover all caregivers as the pandemic continues.
Economic impact payments for all people with disabilities. While the bill does include a one-time $600 payment per adult and child under the age of 17, it does not include any payment for dependents who are over the age of 17. This excludes many adults with disabilities who are claimed as dependents.

The bill also funds the federal government through September 30, the end of fiscal year 2021. Most of The Arc’s priority programs received level funding or small increases. Programs receiving significant increases include Lifespan Respite Care Act (16.4%), Special Olympics Education Programs (17.9%), and Postsecondary Programs for Students With Intellectual Disabilities (10.2%). Funding levels for The Arc’s priority programs can be found here.

President-elect Selects Cabinet Nominees

Over the last two months, President-elect Biden announced his choices for cabinet secretaries. Nominees important to disability policy include:

Attorney General: Merrick Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit
Secretary of Education: Miguel Cardona, Education Commissioner of Connecticut
Secretary of Health and Human Services: Xavier Becerra, Attorney General of California and former Congressman
Secretary of Housing and Urban Development: Representative Marcia Fudge (D-OH)
Secretary of Labor: Boston Mayor Marty Walsh
Secretary of Transportation: Pete Buttigieg, former Mayor of South Bend, Indiana

Hearings will likely begin for each nominee in the coming weeks. A simple majority vote in the Senate is required for confirmation.

New Congress Convenes

On January 5, the 117th Congress convened for the first time. Rep. Nancy Pelosi (D-CA) was re-elected Speaker of the House.

Both parties held their leadership elections last year. Democrats re-elected Rep. Steny Hoyer (D-MD) as Majority Leader, Rep. James Clyburn (D-SC) as Majority Whip, and Rep. Hakeem Jeffries (D-NY) as Caucus Chair. Republicans re-elected Rep. Kevin McCarthy (R-CA) as Minority Leader, Rep. Steve Scalise (R-LA) as Minority Whip, and Rep. Liz Cheney (R-WY) as Conference Chair.

The following were selected as committee chairs and ranking members, respectively:

Appropriations: Rep. David Scott (D-GA) and Rep. Kay Granger (R-TX)
Education and Labor: Rep. John Yarmuth (D-KY) and Rep. Virginia Foxx (R-NC)
Energy and Commerce: Rep. Frank Pallone (D-NJ) and Rep. Cathy McMorris Rodgers (R-WA)
Judiciary: Rep. Jerrold Nadler (D-NJ) and Rep. Jim Jordan (R-OH)
Ways and Means: Rep. Richard Neal (D-MA) and Rep. Kevin Brady (R-TX)

On the Senate side, Republicans re-elected Sen. Mitch McConnell (R-KY) as Majority Leader, Sen. John Thune (R-SD) as Majority Whip, and Sen. John Barrasso (R-WY) as Republican Conference Chair. Similarly, Senate Democrats re-elected Sen. Chuck Schumer (D-NY) as Minority Leader, Sen. Dick Durbin (D-IL) as Minority Whip, and Sen. Patty Murray (D-WA) as Assistant Minority Leader. Republicans currently hold a majority of 51-48. As a result of the January 5 run-off election in Georgia, this balance will change to 50-50 once Georgia’s Senators-elect are sworn in. Vice President-elect Kamala Harris will have the power to cast a tie-breaking vote. We expect the Senate to establish new rules and conduct new elections following the swearing in of the Senators from Georgia.

Announcements

Emergency Rental Assistance Deadline Tomorrow

Last week, the Treasury Department published information regarding the roll out of $25 billion in emergency rental assistance under the Coronavirus Relief Fund. States and localities must submit completed payment information and a signed acceptance of award terms by 11:59 p.m. ET on January 12, 2021 in order to be eligible for funding. Advocates should work with their local governments and states to ensure they are aware of this short deadline and take the necessary actions to receive funds.

The Arc is fighting for the human and civil rights of people with I/DD and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!

For people with intellectual and developmental disabilities
The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes.

Capitol Insider

Capitol Insider for the Week of November 23

November 25, 2020November 25, 2020 Snap4kids

Take Action Now!

Contact your members of Congress and urge them to:

Major Recent Events

Keeping All Students Safe Act Reintroduced

On November 19, the Keeping All Students Safe Act was reintroduced in the House and Senate. The bill is sponsored by Representative Don Beyer (D-VA); Senator Chris Murphy (D-CT); House Committee on Education and Labor Chairman Robert C. “Bobby” Scott (D-VA); Senate Health, Education, Labor, and Pensions Committee Ranking Member Patty Murray (D-WA); and Representative Donald McEachin (D-VA).

This bill would prohibit physical restraint that is life-threatening or restricts breathing, mechanical restraint, chemical restraint, and seclusion in schools that receive federal funding. Physical restraint would only be allowed when a student’s behavior poses an imminent danger to self or others. The bill also requires states to ensure schools have appropriately trained personnel and prohibits individualized education programs or behavior intervention plans from including provisions allowing the use of restraint or seclusion, among other provisions. See the bill text here, the fact sheet here, and the press release here.

The Arc strongly supports this legislation.

Announcements

Education Department Unveils COVID Relief Spending Portal

On November 20, the Department of Education launched an online portal showing the amounts of CARES Act funding awarded and spent by state education agencies, school districts, and institutions of higher education (IHE). The portal provides advocates information regarding the amount of funding that remains available for each school district or IHE. Find the portal here.

Capitol Insider

The Capitol Insider for October 5, 2020

October 7, 2020 Snap4kids

Take Action Now

It’s Time for the Senate to Act!

Tell Congress to Include the Disability Community in COVID-19 Relief Bills

#WeAreEssentialACT NOW

Major Recent Events

House Passes $2.2 Trillion COVID Relief Bill

The House of Representatives passed Heroes 2.0, a compromise piece of COVID-19 relief legislation, late last week by a narrow margin 214-207. The legislation included many of The Arc’s top priorities, including dedicated funding for Medicaid HCBS, a general FMAP increase, removal of barriers for stimulus payments, and paid leave provisions that include all types of family caregivers. The path in the Senate is unclear.

We urge you to continue contacting your Senators here.

Short Term FY 21 Funding Bill Enacted

On September 30, the Senate passed and the President signed a continuing resolution (CR) to fund the federal government. The measure, H.R. 8319, provides funding for most programs from October 1 through December 11. The vast majority of agencies and programs are level funded and several other provisions are included in the measure. These include extensions of the Medicaid Money Follows the Person program and Spousal Impoverishment Protections program. The measure also includes $1.5 billion to conduct the 2020 Census.

COVID-Related IDEA Funding Bill Introduced

On October 2, Representatives Adam Schiff (D-CA) and Eddie Bernice Johnson (D-TX) introduced the Supporting Children With Disabilities During COVID Act (H.R. 8523). This bill provides an additional $12 billion in Individuals With Disabilities Education Act (IDEA) funding, including $11 billion in state grants, $900 million for preschool and early intervention, and $300 million for personnel development. Furthermore, it provides $55 million for Assistive Technology Act programs. The Arc supports this bill.

Representatives Introduce Bill Prohibiting Corporal Punishment in Schools

On September 30, Representatives Don McEachin (D-VA) and Suzanne Bonamici (D-OR) introduced the Protect Our Students in Schools Act (H.R. 8460). This bill prohibits corporal punishment in any school receiving federal funding. Additionally, it provides for enforcement and establishes a grant program for developing interventions such as positive behavioral interventions and supports, implicit bias training, and trauma-informed care. The Arc supports this bill.

Volunteer Caregiver Bill Introduced

Senator Tom Udall (D-NM) and Representative Debbie Dingell (D-MI) introduced the Care Corps Demonstration Act (S. 4682 / H.R. 8511) on September 24. This bill would establish a five-year pilot program through which qualified volunteers provide care, companionship, and other services to seniors and individuals with disabilities. Volunteers would receive health insurance and other benefits as well as money to pay for education or student loans. The Arc supports this bill.

Announcements

National Academy of Medicine Releases Consensus Report on Vaccine Allocation

Last week, the National Academy of Medicine released a consensus report titled “Framework for Equitable Allocation of COVID-19 Vaccine.” The report recommends allocating a potential COVID-19 vaccine in the following four phases.

Phase 1a:

Health care workers and first responders

Phase 1b:

People with two or more conditions that put them at significantly higher risk
Older adults in congregate or overcrowded settings

Phase 2:

K-12 teachers, school staff, and child care workers
Critical workers in high-risk settings
People with at least one condition that puts them at significantly higher risk
People living in homeless shelters and staff
People with disabilities, including IDD, living in group homes and staff
Staff and incarcerated individuals in prisons, jails, detention centers, and similar settings

Phase 3

Young adults
Children
Workers in industries important to the functioning of society and at increased risk not included in phases 1 or 2

Phase 4

All people residing in the United States not included in phases 1 through 3

Furthermore, the report recommends that the vaccine be provided without any out-of-pocket costs. See the summary here.

Education Department Creates School Spending Data Tool

In September, the Education Department created a tool that allows people to easily view school spending data online. The tool uses data required under the Every Student Succeeds Act, which requires states to report total federal, state, and local funding per student. This tool can be found at https://studentspending.ed.gov.

Education Department Office for Civil Rights Creates Guidance on COVID

On September 28, the Education Department Office for Civil Rights (OCR) released guidance on civil rights during COVID. The guidance document addresses obligations of schools under the Americans With Disabilities Act and Section 504 of the Rehabilitation Act. However, the document does not cover obligations under the Individuals With Disabilities Education Act (IDEA) because the IDEA is outside OCR’s jurisdiction. The document discusses issues related to distance learning, reopening, and mask requirements.

New Vote by Mail Resources (Plain Language)

Voting by mail is a great way to vote safely and early! But how does it work? Check out these new plain language resources from the Autistic Self-Advocacy Network on voting by mail.

Are you registered to vote? Election Day is almost here, but many states have options for voting early! Visit The Arc’s Civic Action Center to register, find your polling location, and more.

The Arc is fighting for the human and civil rights of people with I/DD, and their right to live and be included in their communities. Our success depends on support from advocates like you. Donate today!