Legislative Advocacy on a National Scale Samantha Marsh, M.T. May 7, 2009.
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Transcript of Legislative Advocacy on a National Scale Samantha Marsh, M.T. May 7, 2009.
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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
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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 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
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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
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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
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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
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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
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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
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)