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The next version of Disability Policy News will be released on December 19th. After this, we will take a break for the holidays, and Disability Policy News will return on January 9th.
Budget and Appropriations
The Labor, Health and Human Services, Education, and Related Agencies Appropriations (LHHS) bill funds almost all disability programs. A continuing resolution (CR) was passed on September 29th, which extends funding for the federal government through December 16th. Congress is now working to try to come to agreement to complete the process before the end of the year.
As background, July 28th, Chairman Leahy (D-VA) released the Chairman’s mark of the 12 appropriations bills in the Senate for Fiscal Year 2023. The LHHS subcommittee marked-up the Transportation, and Housing and Urban Development, and Related Agencies; Labor, Health and Human Services, Education, and Related Agencies Appropriations Bills and Revised Report on the Subcommittee Allocations for the House of Representatives for Fiscal Year 2023.
Plain Language
The Fiscal Year runs from October 1st – September 30th each year. The Senate Democrats have released their funding (budget) bills for Fiscal Year 2023. The House of Representatives has passed its bill through Committee. The House of Representatives and Senate did not finish the budget work by the deadline of October 1st, so an extension has been given until December 16th. The House and Senate are working to finish the process before the end of the year.
Action Steps
Call your Members of Congress and educate them on the importance of quickly finalizing the LHHS bills to fund federal programs. You can reach your members by calling the Capitol Switchboard at 202-224-3121.
2022 Midterm Election Summary
On November 8th, polls were open for the 2022 midterm elections. In the House of Representatives, Republicans are projected to have 222 seats, and Democrats are projected to have 213 seats. There are two races still to be called, Colorado’s 3rd district and California’s 13th district. Regardless of the outcome of these two elections, the House of Representatives will be led by the Republicans starting in January. This means that there will be a new Speaker of the House of Representatives, who will be elected in the coming weeks. The new Minority Leader, replacing Nancy Pelosi (D-CA) who stepped down, will be Hakeem Jeffries (D-NY).
In the Senate, 1/3 of the seats are voted on every six years. After the midterm elections, Republicans now have control over 49 seats, and Democrats have control over 50 seats (Senator Sanders (I-VT) and Senator King (I-ME) are Independents who caucus with the Democrats). In Georgia, neither Senator Warnock (D-GA) or Herschel Walker (R-GA) received the required 50% of the votes, so a runoff will occur on December 6th. Regardless of who is declared the winner in the Georgia runoff, Democrats will continue to control the Senate. If Herschel Walker (R-GA) wins, the Senate will be split, but Vice President Kamala Harris will act as the tiebreaker as President of the Senate.
Plain Language
The midterm elections were held on November 8th. After the midterm elections, Republicans won control of the House of Representatives and Democrats won control of the Senate. There is a runoff for the Georgia Senate seat between Senator Warnock (D-GA) and Herschel Walker (R-GA) that will occur on December 6th.
ABLE Age Adjustment Act
The ABLE Age Adjustment Act (S. 331 / H.R. 1219) was introduced by Senator Casey (D-PA) in the Senate and Representative Cárdenas (D-CA) and Representative McMorris-Rodgers (R-WA) in the House of Representatives. This bill will increase the age eligibility for ABLE accounts from 26 to 46.
On June 22nd, the Senate Finance Committee marked-up the Enhancing American Retirement Now Act (EARN Act), which is a part of the larger retirement reform bill (SECURE 2.0). The ABLE Age Adjustment Act was included in the EARN Act as part of the mark-up. ABLE accounts are tax-free savings accounts for people with disabilities to save money, while not disqualifying them from federal benefits like Supplemental Security Income or Medicaid. AUCD recently signed on to this letter from the Collaboration to Promote Self-Determination. AUCD and other partners are working to have the ABLE Age Adjustment Act included in an end of year omnibus package.
Plain Language
The ABLE Age Adjustment Act would increase the age to from 26 to 46 to open an ABLE savings account. ABLE accounts allow people to save money without risking losing federal benefits such as Supplemental Security Income or Medicaid.
What It Means For You
If you acquired a disability between the ages of 26 and 46, the ABLE Age Adjustment Act will make you eligible for an ABLE savings account. This will allow you to save money without risking losing access to federal benefits.
Action Steps
Learn more about ABLE accounts at the ABLE National Resource Center. Call your Members of Congress and educate them about the importance of ABLE accounts for those ages 26-46. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.
Senator Casey Introduces the AACENT Act
On November 17th, Senator Casey (D-PA), along with six other Democratic Senators, introduced the Augmentative and Alternative Communications Centers to Establish National Training (AACENT) Act (S. 2). This bill awards grants to three different resource centers around the country to promote the use and effectiveness of Augmentative and Alternative (AAC) devices. AAC devices are any tool or device used to supplement or replace speech. This bill will allow for people with disabilities that effect their speech to access AAC devices, increasing their independence. The bill is currently pending in the Senate Health, Education, Labor, and Pensions Committee.
Plain Language
Senator Casey (D-PA) and six other Democratic Senators have introduced a bill that will make accessing AAC devices easier. AAC stands for Augmentative and Alternative Communication. AAC devices are devices that help people communicate without using spoken language.
Action Steps
Call your Senators and educate them on the importance of AAC devices in the daily lives on people with disabilities. You can reach your Senator by calling the Capitol Switchboard at 202-224-3121.
Electroshock Device Ban by Food and Drug Administration
Earlier this year, the Food and Drug Administration (FDA) User fee legislation included an amendment that would ban the use of electroshock devices as behavioral controls for people with disabilities. Unfortunately, this amendment was taken out of the bill before passage in the House of Representatives and Senate. There is bipartisan support for banning the use of electroshock devices. There is no evidence that the use of electroshock devices for behavioral control is effective, yet adults and children with disabilities are subjected to this painful practice, at one facility in the United States. AUCD and partners are working to have Congress ban the use of these devices in an end of year package.
Plain Language
It is currently legal to shock a person with an electrical device if they are misbehaving. Currently, one facility in the United States uses these devices. Congress needs to ban these devices before the end of the year, so people with disabilities are safe.
Action Steps
Call and educate your Members of Congress on the dangers of electroshock devices and the need to ban their use. You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121.
Senator Casey Introduces the DIALED Act
On November 16th,, Senator Casey (D-PA), along with five other Democratic Senators, introduced the Data on Interactions and Accountability for Law Enforcement with Individuals with Disabilities (DIALED) Act (S. 5107). The bill establishes an advisory council of law enforcement professionals, people with disabilities, researchers, and more that will collect and analyze data on interactions between police and people with disabilities. The bill also amends the Death in Custody Reporting Act to include disability status in reports on deaths that occur while in police custody. The bill is currently pending in the Senate Health, Education, Labor, and Pensions Committee.
Plain Language
Senator Casey (D-PA) introduced a bill with five other Democratic Senators that would collect data on interactions between people with disabilities and the police. People with disabilities are more likely to be victims of police related violence, and this bill will allow the public to see how often this happens.
Action Steps
Read this report from Senator Casey’s office. Call your Senators and educate them on the importance of understanding and addressing interactions between police and people with disabilities. You can reach your Senator by calling the Capitol Switchboard at 202-224-3121.
Centers for Disease Control and Prevention Releases Guidance on Management of COVID-19 in Specific Congregate Community Settings
On November 29th, the Centers for Disease Control and Prevention (CDC) released a report on how congregate living settings, like nursing homes and assisted living facilities, can better manage COVID-19. The ways to mitigate risk include increasing and improving ventilation, consulting with local health departments about screenings, expanding the use of masks, enhanced cleaning protocols, and creating more physical distance when possible. There has been a slight increase in COVID-19 cases over the last few weeks, so congregate care settings must take action to protect their residents.
Plain Language
As COVID-19 continues to infect people around the country and the world, the CDC has released a report on how nursing homes and assisted living facilities can better protect their residents. The recommendations include increased testing, increased use of masks, cleaning of common areas more frequently, and more.
What It Means For You
If you or a loved one is currently residing in a congregate care facility, make sure the facility is taking steps to protect all residents from COVID-19.
Action Steps
Read the report from the CDC. Provide the report to congregate care facilities in your community.
Policy related “How To” materials can be found on our website here. Scroll to the bottom of the page to find the resources!
Tuesdays with Liz: Did you know that Liz has a YouTube Channel?
'Tuesdays with Liz' is a weekly video series highlighting current issues in disability policy. It is hosted by Liz Weintraub, a long-time disability advocate, and produced by AUCD.
You can help spread her message by:
- Subscribing to the Tuesdays with Liz YouTube Channel!
- Liking videos on the channel
- Making comments on the channel
 
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For definitions of terms, please see AUCD's List of Policy Definitions
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