Dear Policy Watchers,  

Late night, we all breathed a sigh of relief as the President signed a monthlong continuing resolution (CR) spending bill hours before government funding was set to expire at midnight. HR 3055 is the second temporary spending bill Congress has passed since fiscal year 2020 began on Oct. 1. Congress and the President now have until December 20 to come up with a plan for FY2020 or risk a shutdown – this one just in time for Christmas!  

The CR continues current funding levels, with certain exceptions. For example, the Census Bureau would be funded at an annualized rate of $7.3 billion due to needs associated with the 2020 decennial headcount and it includes a 3.1 percent pay raise for U.S. troops that would take place on Jan. 1.  The bill also includes short-term funding for several health programs that were expiring, including NACDD priorities of continued enhanced Medicaid funding for U.S. Territories and funding for community health centers, State Health Insurance Programs (SHIPs), and other health extenders (e.g. Certified Community Behavioral Health Clinic demonstration; National Health Service Corps, teaching health centers’ graduate medical education programs; the Special Diabetes Program and the Special Diabetes Program for Indians, and funding for the Patient-Centered Outcomes Research Trust Fund (PCORI)). We’ll have to wait until the next bill to see if we get an extension of protections from spousal impoverishment for people eligible for Medicaid home and community-based services and of the Money Follows the Person program.  

Sadly, my crystal ball is busted, so I can’t tell you when Congress and the President will agree on a final bill for FY2020. It is concerning that the holdup is no small item – it's a $9 billion price tag for the border wall. The President has made no effort to hide the fact that he would like to get that money through drastic cuts to domestic priorities that many feel are already underfunded.    

So what’s next?  Will the government close for Christmas? Unlikely. But even though we all hope to avoid a series of temporary spending bills, appropriations staff haven't ruled out additional bills lasting into early spring or even next September. 

Other news... 

Supreme Court Update.  

Public Charge Rule. NACDD celebrated a decision granting a nationwide preliminary injunction and finding likely disability discrimination in one of the cases where we signed on to an amicus brief. Many cases are moving at once through different courts. We are very grateful to the dedicated attorneys in our coalition who are making sure people with disabilities are heard on this issue! They will be submitting additional amicus briefs to challenge the government’s request to lift the injunction in the next few weeks. For more information, go to the Center for Public Representation website.  

NEW! Espinosa v. Montana Department of Revenue.  NACDD Board of Directors and Policy Committee agreed to sign on to a disability coalition amicus brief focusing on the harms voucher programs impose on students with disabilities broadly, whether at secular or religious private schools. Espinosa is a very important case concerning whether religious schools can use public funds for school vouchers. The amicus brief does not weigh in on whether the Montana voucher scheme is constitutional. Instead, it provides information to the Supreme Court about how school voucher and tax-credit programs, including the Montana program at issue in this case, risk eroding safeguards for children with disabilities who rely on key federal laws to ensure that they receive the education to which they are entitled and are protected from discrimination and segregation in public schools. This case is set for argument on January 22.  

ABLE Act Celebrates 5th Year Anniversary!  

It was a pretty big day on Capitol Hill this week when several members of Congress and state treasurers gathered to celebrate the 5th anniversary of the passage of the Achieving a Better Life Experience (ABLE) Act, which created tax-free savings accounts for people with disabilities who have a disability before age 26. Since 2014, over 50,000 individuals have opened ABLE accounts.  

Unfortunately, millions of people with disabilities aren't eligible for ABLE accounts because they did not acquire their disability before age 26. That’s why NACDD joined in urging Congress to pass the ABLE Age Adjustment Act (S. 651, H.R. 1814).  The ABLE Age Adjustment Act would make six million more people with disabilities eligible to open an ABLE account. It would also greatly enhance the sustainability of all ABLE programs nationwide. Seven state treasurers also sent a letter to the Senate Special Committee on Aging urging passage. 

SSI Restoration Act Introduced in House and Senate. 

Social Security needs an update. Reps. Raúl Grijalva (D-AZ) and Elissa Slotkin (D-MI) introduced the SSI Restoration Act of 2019 in the House and Sens. Sherrod Brown (D-OH), Elizabeth Warren (D-MA), and Mazie Hirono (D-HI) introduced companion legislation in the Senate. This legislation would update Supplemental Security Income (SSI) benefits so that it would greatly improve the lives of people with disabilities. For example, it raises the $2,000 resource limit, which has been around since President Nixon signed the bill, to either $10,000 or $20,000 depending on one’s marital status. In addition, the SSI Restoration Act would repeal SSI's in-kind support and maintenance provisions as well as penalties for resource transfers, marriage, and state tax credits. 

Fighting to Maintain Civil Rights Data Collection. 

NACDD signed on to comments supporting civil rights data collection in our schools. Data is important for civil rights enforcement. We need to maintain and strengthen the Civil Rights Data Collection that shows schools where students with disabilities need the most help. 

Fighting for Competitive and Integrated Employment with the New Assistant Secretary. 

NACDD joined over 200 organizations in a letter to the new Acting Assistant Secretary for the Office of Special Education and Rehabilitative Services opposing the re-opening of the WIOA regulations. a strong, unified message in support of competitive, integrated employment. NACDD will not waiver in our support for implementing the Workforce Innovation and Opportunity Act (WIOA) provisions for competitive and integrated employment. We remain vigilant after Secretary DeVos notified the public of her intent to issue a notice of proposed rulemaking to amend the regulatory definitions in the WIOA.  

We will not have an update next week as the office will be closed for the Thanksgiving holiday. I wish you all a wonderful Thanksgiving! 
 
Sincerely,