Disability Policy News

July 10, 2023

 

Disability Policy News logo, every Monday, from the Association of University Centers on Disabilities (AUCD) Disability Policy News logo, every Monday, from the Association of University Centers on Disabilities (AUCD)
                 July 10, 2023   |   Vol. MMXXIII, Issue 76

Budget and Appropriations

On June 3rd, President Biden signed The Fiscal Responsibility Act of 2023 (P.L. 118-5). The bi-partisan bill suspends the debt ceiling through January 2025 in exchange for spending caps, new work requirements for TANF and food stamp recipients, rescinding unspent pandemic aid, and other changes. The bill has no impact on Medicaid.

The bill established budget caps for Fiscal Year (FY) 2024 and 2025 for both defense and non-defense discretionary (NDD) spending. For FY 2024, the bill caps top-line discretionary spending at $1.58 trillion or approximately 6.7 percent less than FY 2023. For FY 2024, defense spending would be limited to $886.3 billion, approximately 3 percent more than FY 2023, and NDD would be limited to $703.6 billion, approximately 9 percent or $70 billion less than FY 2023. There is also an incentive for Congress to act on all appropriations bills before January 1, 2024. If they do not, FY 2023 spending levels will be cut by an additional 1 percent until all bills are passed, this applies to both defense and non-defense spending.

The House of Representative’s Appropriations Committee and Senate Appropriations Committee have released their top line agreements for each of the 12 appropriations bills (known as 302(b) allocations). These represent how much money each of the Appropriations subcommittees can spend for FY 2024. Both Committees have also began the process to mark-up each of the 12 appropriations bills. The Senate 302bs are $1.59 billion which is the cap in the Fiscal Responsibility Act. The House 302bs are $1.471 trillion or $119 billion less than the spending caps outlined in the Fiscal Responsibility Act. In the Senate, for Labor-Health-Human Services-Education and Related Agencies bill, the 302b allocation is $195,231 million. In the House, for Labor-Health-Human Services-Education and Related Agencies bill, the 302b allocation is $147,096 million.

Plain Language

On June 3rd, President Biden signed The Fiscal Responsibility Act of 2023.  This bi-partisan (Democrat and Republican supported) raised the debt ceiling. The debt ceiling is the most amount of money that the federal government can spend, and this bill allows the federal government to spend more money. The Fiscal Responsibility Act put a limit on the amount of money the federal government can spend in 2024 and 2025. The House of Representatives and Senate have begun to decide how much money to spend on programs next year. The House of Representatives is planning to spend less money than the Senate.

Action Steps

Call and educate your Members of Congress on the importance of funding for disability programs. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


House of Representatives Introduces the Equality for Families with Disabilities Act

On June 22nd, Representative Cherfilus-McCormick (D-FL) introduced the Equality for Families with Disabilities Act (H.R. 4282). The bill seeks to eliminate discrimination against parents and guardians with disabilities in state child welfare proceedings. The bill will “require individualized, fact-based evaluations of parenting capabilities to prevent state agencies from restricting parental rights solely based on disability status.” The bill will also “require state child welfare plans to include support for parents, guardians, and other caregivers with disabilities” and support state courts through grants to assess accessibility of child welfare proceedings and require the U.S. Department of Health and Human Services and the Department of Justice (DOJ) to revise and update provide technical assistance materials for states. The bill has 8 other Democratic cosponsors and is currently in the House Ways and Means Committee.

Plain Language

On June 22nd, Representative Cherfilus-McCormick (D-FL) introduced the Equality for Families with Disabilities Act (H.R. 4282). The bill will prevent people with disabilities from discrimination when it comes to child welfare proceedings. Child welfare proceedings are when the state evaluates a person to make sure they are able to be a parent, it is done before a person wants to adopt and is sometimes done if someone is having issues raising their child. The bill will make sure that nobody is seen as unable to be a parent just because they have a disability.

Action Steps

Read the bill textRead the announcement. Call and educate your Members of Congress on the importance of ensuring equal treatment of people with disabilities in the child welfare system. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


Senate Introduces the Work Without Worry Act

On June 27th, Senator Wyden (D-OR), with Senator Cassidy (R-LA), Senator Ted Budd (R-NC), Amy Klobuchar (D-MN), Edward Markey (D-MA), Bernard Sanders (I-VT), Elizabeth Warren (D-MA), Sheldon Whitehouse (D-RI), Jeff Merkley (D-OR), Patty Murray (D-WA), and Sherrod Brown (D-OH) introduced the bi-partisan Work Without Worry Act (S. 2196). The bill will ensure that people receiving Disabled Adult Child (DAC) benefits are able to explore employment opportunities without fear of losing their DAC benefits. DAC benefits are given to people under the age of 22 who have significant medical conditions and provide supplemental income based on the individual’s parents Social Security income. Currently, DAC benefits can be lost of the individual begins to make more than a certain amount each month, and this bill will eliminate these income caps.

Plain Language

On June 27th, the Senator Wyden (D-OR), with Senator Cassidy (R-LA) and nine other Senators introduced the Work Without Worry Act (S. 2196). The bill will make sure that people receiving Disabled Adult Child benefits do not lose their benefits if they start to work. If a parent receives social security and has a child with certain disabilities under age 22, like Down Syndrome, cerebral palsy, and others that will last their entire life, these children may receive Disabled Adult Child benefits.

Action Steps

Read the bill text. Read the summaryRead the announcement from the Senate Finance Committee. Call and educate your Members of Congress on the importance of eliminating income caps for DAC recipients. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


Congress Relaunches the Assisting Caregivers Today Caucus

The bipartisan, bicameral Assisting Caregivers Today (ACT) Caucus has officially been relaunched by Senator Bennet (D-CO), Senator Moore-Capito (R-WV), Representative Dingell (D-MI), and Representative Kiggans (R-VA). The ACT Caucus will provide education about the challenges that caregivers face and will work to introduce and pass policy solutions to support them. According to the press release, “Nearly 20 million adults in the United States require assistance completing self-care and other daily tasks due to physical, cognitive, developmental, and/or behavioral conditions, and the majority of people who require care would prefer to receive it in their home or another community-based setting. Family, friends, and neighbors make up 53 million caregivers. Family caregivers’ economic contribution is valued at $600 billion.”

Plain Language

Senator Bennet (D-CO), Senator Moore-Capito (R-WV), Representative Dingell (D-MI), and Representative Kiggans (R-VA) have started the Assisting Caregivers Today (ACT) Caucus. A caucus in this case is a group of Senators and Representatives that work on a certain issue. The ACT Caucus will work to find solutions to the problems that caregivers face.

Action Steps

Read the press releases from Senator BennetSenator Capito, and Representative Dingell.


Office of Special Education and Rehabilitative Services Proposes New Regulations to the Individuals with Disabilities Education Act

The Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education is accepting comments until August 1st, on the proposal to amend the regulations for Part B of the Individuals with Disabilities Education Act (IDEA) to remove the requirement for public agencies to obtain parental consent prior to accessing a child’s public benefits or insurance (ex: Medicaid, Children’s Health Insurance Program (CHIP), etc.) to pay for required Part B services. There are no comparable consent requirements for children without disabilities, so this regulation would make consistent the public benefits consent requirements for children with disabilities with those for children without disabilities and ensure equal treatment of both groups of children. Submit comments.

Plain Language

The Office of Special Education and Rehabilitative Services (OSERS) proposed a new rule that would make it easier for schools to pay for services that students with disabilities need in school to get a good education. OSERS is accepting comments until Augusts 1st. The Individuals with Disabilities Education Act requires schools to provide students with disabilities a quality education.


House of Representatives Introduces the Protection and Advocacy in Education Act

On July 6th, Representative DeSaulnier (D-CA) introduced the Protection and Advocacy (P&A) in Education Act (H.R. 4481). This bill will require the U.S. Department of Education to award grants to establish a national P&A program to enforce the rights of students with disabilities. The P&A programs provide legally-based advocacy services to protect the rights of students with disabilities. The P&A program will collaborate with parents and will ensure that students with disabilities and their families are familiar with their rights. The bill was introduced into the House Committee on Education and Workforce.

Plain Language

On July 6th, Representative DeSaulnier (D-CA) introduced the Protection and Advocacy in Education Act. The bill will create a Protection and Advocacy program that will make sure that students with disabilities are treated fairly in schools.

Action Steps

Read the Factsheet from the National Disability Rights Network on the introduction of the Protection and Advocacy in Education Act. Call and educate your Members of Congress on the importance of protecting the rights of students with disabilities. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.


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