Volume 15, Issue 30
August 2, 2010
Help Pass The ABLE Act in This Congress! Contact Your Representatives to Convene a Hearing and Vote on the ABLE Act
Major Events Last Week
Congress
The House of Representatives has begun the August recess. The Senate is expected to adjourn at the end of the week. Both the House and Senate will return after Labor Day with a full agenda of issues to address before adjourning in early October to campaign. The current prediction is that after the November elections Congress will reconvene to finish up the appropriation's process. Prior to the start of FY 2011 on October 1st, Congress will likely pass a continuing resolution to keep the federal government running until they reconvene in November.
Appropriations
Prior to leaving, the House approved the Department of Transportation, and Housing and Urban Development and Related Agencies Appropriations bill and the Supplemental Appropriations bill. The bill includes $300 million for the Section 811 Supportive Housing for Persons with Disabilities. On the transportation side, over $11.3 billion is provided for public transportation programs, an increase of $508 million above the President's request.
The Senate Appropriation's Committee approved the Labor, Health and Human Services, Education, and Related Agencies appropriations bill. Full details on the funding levels for the bill are not yet available.
National Commission on Fiscal Responsibility and Reform
The National Commission on Fiscal Responsibility and Reform met in Washington on July 28 and spent substantial time discussing Social Security issues. The Commission has not yet reached any recommendations on its charge to identify policies to improve the nation's fiscal situation and to achieve fiscal sustainability over the long run. According to the White House and Commission members, everything remains on the table including Social Security, Medicare, Medicaid, tax revenues, and defense spending. The DPC will continue to monitor the Commission's deliberations.
Affordable Care Act Implementation
Last week the Department of Health and Humans Services released more regulations implementing the ACA and is seeking comments in several critical areas including:
- publishing rules outlining administrative and eligibility details on an interim high-risk insurance pool for uninsured persons with pre-existing conditions; and
- requesting comments on the process of establishing state insurance exchanges, a prominent feature of the new health insurance overhaul law.
Employment
On July 30, Representative Edolphus Towns (D-NY), Chair, House Oversight and Government Committee with Representative Brian Bilbray (R-CA) introduced the Javits-Wagner-O'Day (JWOD) Act of 2010 (H.R. 5983). The bill modernizes the JWOD act by updating the definition of significant disability, expanding federal agency participation, adding a process for quicker additions to the procurement list and other changes. The Arc and UCP both have seats on the NISH board (the nonprofit that helps run the JWOD program) and have been involved in the development of these improvements.
President Obama issued an executive order directing federal agencies to step up efforts to hire 100,000 employees with disabilities over the next five years. Ten years ago this month, President Bill Clinton laid out the same goal in a similar order, but according to the President, "few steps were taken to implement [the order] in subsequent years."
The order directs the Office of Personnel Management, in consultation with the Labor Department, the Equal Employment Opportunity Commission and the Office of Management and Budget, to design strategies within 60 days for recruiting and hiring workers with disabilities. Personnel managers at government agencies must be trained in employing people with disabilities. Agencies will then be required to develop plans for recruiting and keeping the workers. A copy of the executive order can be found at http://www.whitehouse.gov/the-press-office/executive-order-increasing-federal-employment-individuals-with-disabilities.
The US Department of Labor Office of Federal Contract Compliance Programs released an advance notice of proposed rulemaking (ANPRM) inviting the public to provide input on how OFCCP can strengthen the affirmative action requirements of the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended (Section 503). Strengthening affirmative action requirements will help increase the employment opportunities of people with disabilities in the Federal contractor sector. Comments are due by September 21, 2010. To see the ANPRM, go to http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1fd5a.
Americans with Disabilities Act
The Department of Justice (DOJ) issued final regulations covering Titles II and III of the ADA to incorporate the changes made by passage of the ADA Amendments Act (ADAAA) in 2008. Title II prohibits discrimination on the basis of disability in state and local government services and Title III prohibits discrimination on the basis of disability by public accommodations and in commercial facilities. Copies of the final rules with new language in bold typeface are available at http://www.ada.gov/regs2010/titleII_2010/titleII_combined.html and http://www.ada.gov/regs2010/titleIII_2010/titleIII_combined.html.
DOJ announced plans to develop ADA regulations addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The announcements were in the form of advance notices of proposed rulemaking (ANPRMs), which provide information on the ADA issues and ask questions seeking comments and information from the public. Comments are due in January 2011. To see copies of the ANPRMs, go to http://www.ada.gov/anprm2010.htm.
Transportation
On July 26th, the U.S. Access Board issued for public comment a proposal to update sections of its ADA Accessibility Guidelines for Transportation Vehicles that cover access to buses and vans. This update includes revisions to requirements for vehicle ramps, onboard circulation routes, wheelchair spaces, and securement systems, as well as new provisions for automated announcements and bus rapid transit systems. Comments on the proposed rule are due by November 23, 2010.
Autism
Last week, the House Energy and Commerce Committee approved legislation (H.R. 5756) that amends the Developmental Disabilities Act to create a national training initiative within the University Centers on Excellence focused on autism research and training. Additional grants are also authorized to conduct research and education focused on racial and ethnic minority populations.
Celebrations
In addition to all of the celebrations last week in honor of the 20th Anniversary of the Americans with Disabilities Act, there were numerous celebrations in honor of the 75th Anniversary of Social Security and the 45th Anniversary of Medicaid and Medicare. On behalf of the Consortium for Citizens with Disabilities, Marty Ford joined Members of the House of Representatives and other advocates speaking in support of Medicaid and Medicare at a 45th birthday celebration event.
Major Events Ahead
Medicaid FMAP, Education, Food Stamps
The Senate is expected to vote today on a $26 billion dollar bill providing aid to states that includes an extension of the increase in the federal medical assistance percentage (FMAP) of $16.1 billion and $10 billion in education funding intended to prevent teacher layoffs. The bill is fully paid for but it reduces the amount of federal support for FMAP from the $24 billion that would have been available under previous versions of the extension. The provision would phase out the enhanced FMAP during the six-month period from January 2011 through June 2011, providing states with a 3.2 percentage point increase in the second quarter of fiscal year 2011 and a 1.2 percentage point increase in the third quarter of FY 2011. One of the legislative changes the bill would make is that effective 2015 food stamp benefits would return to the levels that individuals would have received under pre-Recovery Act law. This change is expected to save $6.7 billion over ten years. The DPC has actively supported the FMAP extension and the education funding as they are both critically needed to prevent significant cuts to services and schools. However we are concerned that it is partially paid for by taking funding away from a critical hunger program that serves people with disabilities.
Announcements
Money Follows the Person Funding
Cindy Mann, Director of the Center for Medicaid, CHIP, and Survey & Certification has sent a letter to State Medicaid Directors about the improvements in the Money Follows the Person (MFP) program made by the Affordable Care Act, including preliminary information for non-participating states that may be interested in pursuing new funding. In her letter, Mann states, "The MFP Demonstration Program is an important tool that states can use to make greater progress in achieving the promise of the ADA and Olmstead." MFP funds provide additional federal funds to assist states to move people from institutional settings into community settings. Twenty-nine states and the District of Columbia have already implemented MFP programs. They are: AR, CA, CT, DC, DE, GA, HI, IA, IL, IN, KS, KY, LA, MD, MI, MO, NC, ND, NE, NH, NJ, NY, OH, OK, OR, PA, TX, VA, WA, WI. The letter can be found at: http://www.cms.gov/smdl/downloads/SMD10012.pdf.
Employment
The Equal Employment Opportunity Commission (EEOC) issued its 2009 annual report on the Federal workforce. For the first time since FY 1995, the percentage of people with targeted disabilities in federal jobs held steady, halting a 13-year decline. However, despite a modest net gain of 236 employees in FY 2009 over FY 2008, people with targeted disabilities still remain below one percent (0.88 percent) of the total workforce. Targeted disabilities include deafness, blindness, missing extremities, partial or complete paralysis, convulsive disorders, intellectual disability, mental illness, and distortion of the limb and/or spine. An EEOC press release with a link to the full report can be found at http://www.eeoc.gov/eeoc/newsroom/release/7-26-10.cfm.
The Department of Labor Office of Disability Employment Policy announced the availability of approximately $2.3 million to fund up to four cooperative agreements ranging from $500,000 to $625,000 in support of the Add Us In initiative. Add Us In is designed to increase the ability of businesses owned, operated and controlled by African Americans; Asian Americans; Latino or Hispanic Americans; members of federally recognized Tribes and Native Americans; Lesbian, Gay, Bisexual and Transgender individuals; and women to employ adults and youth with disabilities. Applications are due September 1, 2010. For more information visit http://www.dol.gov/odep/index.htm.
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Previous issues of the Capitol Insider may be viewed at www.ucp.org under "Public Policy." If you have any questions, feel free to contact Annie Acosta at acosta@thedpc.org.
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