Capitol Insider

Capitol Insider for the Week of January 11

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!

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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

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.

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!

The ARC

Capitol Insider for the Week of November 16

Take Action Now   It’s Time for the Senate to Act! Tell Congress to Include the Disability Community in COVID-19 Relief Bills   #WeAreEssential  
Major Recent Events  
Biden Defeats Trump, Democrats Retain House Majority, Senate Majority Undetermined  

On November 3, the United States held elections for President, 35 Senators, and all members of the House of Representatives.  

According to all major networks, former Vice President Joe Biden is the projected or apparent winner with at least 290 electoral votes, compared to incumbent President Donald Trump’s 232. A minimum of 270 electoral votes is required to win. Additionally, most networks have called Georgia’s 16 electoral votes for Vice President Biden.  

All major networks project that Democrats will retain control of the House of Representatives with a smaller majority than they have in the current Congress. Senate Republicans will control at least 50 seats while Senate Democrats will control at least 48 (including 2 Independents in their caucus). Control of both of Georgia’s Senate seats will be determined by a run-off election on January 5, because Georgia law requires candidates to receive more than 50% of the vote in order to win. Republicans need only win one of the two seats to retain their majority. Democrats must win both seats to create a tie. If both parties control 50 seats, Democrats will become the majority party by virtue of the Vice President’s tie-breaking vote.  

Most newly elected members of Congress will take office on January 3. President-elect Biden and Vice President-elect Kamala Harris will take office on January 20. See The Arc’s Statement.

Senate Appropriations Committee Releases Draft FY 2021 Appropriations Bills  

On November 10, the Senate Appropriations Committee released its draft appropriations bills for fiscal year (FY) 2021. Most of The Arc’s priority programs receive level funding. However, some programs receive significant increases, including Lifespan Respite Care Act (16%), Special Olympics Education Programs (12%), and Postsecondary Programs for Students with Intellectual Disabilities (16.9%). The House and Senate will need to reconcile the considerable differences in their spending bills to avoid another continuing resolution. Funding levels for The Arc’s priority programs can be found here.
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.
DOJ Settlements

Justice Department Enters Agreement to Resolve Employment Discrimination Lawsuit

Today, the Justice Department entered into a settlement agreement with the Commissioner of the Revenue for Caroline County, Virginia, in his official capacity, to resolve a lawsuit brought under Title I of the Americans with Disabilities Act (ADA).  The lawsuit alleged that a former Commissioner of the Revenue discriminated against an employee with a respiratory impairment by denying her request for reasonable accommodations without an interactive process and then terminating her.  Under the agreement, the employee will receive $75,000 in back pay and compensatory damages; the defendant and the county human resources manager will attend a presentation on title I of the ADA; and, if the defendant has enough employees to be a covered entity during the agreement’s term, the defendant will revise reasonable accommodations policies, provide training on the ADA, and file periodic reports with the department on the agreement’s implementation.

For more information on the ADA or this settlement agreement, please visit ADA.gov or call the toll-free ADA Information Line at 800-514-0301 (TTY 800-514-0383).