Legislative Advocacy on a National Scale

Samantha Marsh, M.T.

May 7, 2009

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About the Association of University Centers on Disabilities (AUCD )

Federal Legislative

Process

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Three Branches of Federal Government

E xecutive BranchPres ident & A dm inis tra tion

Judic ia l BranchC ourts

L egis la tive BranchC ongress

House & S enate

F edera l G overnm ent

Executes laws

Interprets laws

Enacts laws

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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

Executive Cabinet

Secretary of Health and Human Services

Secretary of Education

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111th 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 Senators435 Representatives6 Non-voting members

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House of Representatives

435 Members

Two-year terms

More rules

More focused on regional issues

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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)

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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)

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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

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Senate Leadership

Majority Leader Harry Reid (D-NV) Minority Leader Mitch McConnell (R-

KY) Assistant Majority Whip Richard

Durbin (D-IL) Assistant Minority Whip John Kyl (R-

AZ)

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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???

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HawaiiDelegation - 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

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HawaiiDelegation - House

Neil Abercrombie(D-1st ) – Armed Services and Natural Resources

Mazie K. Hirono (D-2nd)– Education and Labor, Transportation and Infrastructure

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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

Federal Budget

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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

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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)

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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

Break

Kareem Dale Video

Taking Action

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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

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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

Who do you know?

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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

forumWhat worked/didn’t work for you?

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What can you do?

Put your issue on your Members’ radar screen

Make your group a force to be reckoned with

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Resources

AUCD: http://www.aucd.orgIn Brief:

http://www.aucd.org/aucd_inbrief.htmAction Center:

http://capwiz.com/aucd/home/Public Policy Website

Consortium for Citizens with Disabilities: http://www.c-c-d.org

Questions?

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Legislative Update

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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

Budget and Appropriations

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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

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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 instructionsHealth Care proposal could move through

Congress without a fillibuster

Legislative Issues and Current Legislation

Long Term ServicesCCA, CLASS, Direct

Support Improvements to long-term services

and supportsImprovements 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

optionsEstablish incentives for states to take up

the option

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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 (R-ME) 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 CommitteesSenate Finance CommitteeHouse Energy and Commerce Committee

(Subcommittee on Health)

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Community Choice ActS. 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

Get your Member of Congress for co-sponsor and pass the CCAStand alone legislationPiece of comprehensive health care

reform Relevant Committees

Senate Finance CommitteeHouse Energy and Commerce

Committee Subcommittee on Health

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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. Provides critical coverage without forcing people into

impoverishment Compliment to the Medicaid program

New national insurance program (payroll deductions) Ideally incorporated within comprehensive health care

reform

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 HELPHouse Energy and CommerceHouse Ways and Means

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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

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 programReduce “spending down”Removing Medicaid’s Institutional bias

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Support Health Reform LegislationCoverage available through private

insurance for ALL AmericansIncorporation of long term services and

supportsStrengthen Medicaid programAmending the Public Health Services Act to

require appropriate training Relevant Committees

Senate Finance, HELP and BudgetHouse Budget, Ways and Means and

Education and Labor

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Social Security and Supplemental Security

Income Years of inadequate funding for SSA Delays and decreases in services Adjustments needed to programs

SSA’s Administrative ExpensesEfforts to address solvencyImprovements needed to SSI and Social

Security Disability Programs

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SSA received $500 million through ARRA for addressing backlog and $500 million to replace National Computer Center

Congress should:Increase appropriations to SSAAddress areas for improvement

Relevant CommitteesSenate Finance, Budget and AppropriationsHouse Ways and Means, Budget and

Appropriations

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Autism Treatment Acceleration Act

S 819 Introduced on April 2, 2009 by Senators Durbin (D-IL), Casey

(D-PA), 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

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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

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 (R-KS)

Reps. Kennedy (D-RI), McMorris Rodgers (R-WA), and Meek (D-FL)

To encourage individuals with disabilities to save, tax-free, for disability-related expenses

Broad allowed expenses and flexibility in management of account

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Both bills have a growing bipartisan list of co-sponsors

No hearings scheduled yet Urge Members to co-sponsor the ABLE

Act and begin committee action Relevant Committees

Senate Finance CommitteeHouse Ways and Means CommitteeHouse Energy and Commerce Committee

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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

No bills offered yet for re-authorizationOmnibus FY 2009 modest increases

Congress should provide a significant increase in appropriations over FY 2009 funding levels

Timely reauthorization Relevant Committees

House and Senate AppropriationsHouse Energy and CommerceHouse Education and LaborSenate HELP

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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.

Members of House co-sponsor HR 1913

Member of Senate introduce and support companion bill

Relevant CommitteesHouse and Senate Judiciary Committees

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EducationHEOA, 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

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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

No bills introduced yet Recommendations

Close coordination of NCLB and IDEA policiesMonitor that changes do not negatively

impact students with disabilitiesFully fund new provisions in HEOAIncrease funding for IDEA

Relevant CommitteesHouse Education and LaborSenate HELPHouse and Senate Appropriations

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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

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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)

Members of Congress should:Increase funding to Section 811Support Frank Melville Supportive

Housing Investment Act of 2009 (HR 1675)

Relevant CommitteesHouse and Senate AppropriationsHouse Committee on Financial ServicesSenate Banking, Housing and Urban

Affairs

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