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December 16, 2024 | Vol. MMXXVIV | Issue 99 |
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Congress will be in recess starting December 20, so Disability Policy News will also be taking a recess. It will return on January 13. |
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Budget and Appropriations |
On September 25, Congress passed a three-month long Continuing Resolution (CR) that extends government funding through December 20—H.R. 9747. Congress is currently working on a plan to fund the federal government for the rest of Fiscal Year 2025, which they will have to finish by December 20. Republicans and Democrats in Congress are currently negotiating to decide on what bills will be attached to the CR, including legislation related to disaster relief and health care.
Looking forward to next Congress, Congressional Republicans have signaled that they plan on passing two reconciliation bills. Budget reconciliation is a congressional procedure that makes it easier to pass legislation related to taxes and spending, provided that legislation follows specific rules. Using reconciliation allows lawmakers to avoid the filibuster in the Senate. Incoming Senate Republican leader John Thune (R-SD) and House Republican leader Mike Johnson (R-LA) are planning for two separate reconciliation bills that will tackle border security, defense, and energy policy, and will address government spending. Republicans have suggested making changes to Medicaid as part of their reconciliation plans to help pay for other priorities. AUCD and other organizations have begun to plan how to protect Medicaid, including how to prevent cuts to the program, which provides critical support to people with disabilities and their families. |
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Plain Language |
Congress has passed a bill to keep the government funded through December 20. Both the Republicans and Democrats in Congress have some plans to pass bills about health care and bills to help people affected by disasters along with the government funding bills.
In the next session of Congress, which will begin in January, people are talking about how to pass bills that affect how the government spends money. Some lawmakers are talking about taking money away from Medicaid, which would be bad for many people with disabilities. AUCD and other organizations will work to protect Medicaid. |
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Action Steps |
You can reach your Members of Congress by calling the Capitol Switchboard at 202-224-3121 and educate them on the importance of increasing funding for programs for people with disabilities in FY 2025.
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The Autism CARES Act |
On December 16, the U.S. House of Representatives passed the Autism CARES Act of 2024 (H.R. 7213) by a vote of 402 to 13. This bipartisan, bicameral bill is crucial to maintaining and improving the monitoring, training, and research programs throughout the U.S. Department of Health and Human Services focused on children and adults with autism, people with other neurodevelopmental disabilities, and their families.
The reauthorized CARES Act will expand research, increase public awareness and surveillance, and improve the capacity of the interdisciplinary health professional training programs including the Leadership Education in Neurodevelopmental and Other Related Disabilities programs that support people with autism and other neurodevelopmental disabilities and their families. The CARES Act is sponsored in the Senate by Senators Ben Ray Luján (D-NM) and Susan Collins (R-ME). In the House of Representatives, the bill is sponsored by the co-chairs of the Autism Caucus, Representatives Chris Smith (R-NJ) and Henry Cuellar (D-TX). The bill will now go to President Biden for his signature. |
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Plain Language |
Congress has passed the Autism CARES Act. The bill will improve research and training focused on people with autism and some other types of developmental disabilities. Now, the President needs to sign the bill. |
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Action Steps |
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U.S. Department of Labor Takes Action to End Subminimum Wage |
On December 3, the U.S. Department of Labor’s Wage and Hour Division announced a notice of proposed rulemaking (NPRM) to phase out the use of Section 14(c) waivers allowing employers to pay workers with disabilities subminimum wage. The rule proposes to stop issuing new Section 14(c) certificates to employers submitting initial applications on or after the effective date of a final rule and would permit existing certificate holders to continue to operate under Section 14(c) certificate authority for up to 3 years after the effective date of a final rule. DOL is inviting public comments on the NPRM, the comment period for which closes at 11:59 PM ET on January 17, 2025. |
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Plain Language |
The U.S. Department of Labor announced that it is going to make a new rule that says employers cannot pay people with disabilities less than the minimum wage. The minimum wage is the lowest possible amount of money that employees can pay their workers. Employers cannot pay their employees less than the minimum wage, or they would be breaking the law. Subminimum wage means being paid less than the federal minimum wage. Typically, this would be illegal, but Section 14(c) of the Fair Labor Standards Act (FSLA) allows some employers who apply for and are given a piece of paper—called a 14(c) certificate—to pay certain employees, such as people with disabilities, at hourly rates below the minimum wage. |
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Action Steps |
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Senator Casey Holds Aging Committee Hearing on Disability |
On December 12, U.S. Senator Bob Casey (D-PA) held a hearing in the U.S. Senate Special Committee on Aging entitled “Empowering People with Disabilities to Live, Work, Learn, and Thrive.” The hearing highlighted the progress made in disability policy during Senator Casey’s tenure in office, focused on the testimony of witnesses who spoke about the challenges of asset limits, the caregiving crisis, employment, and more. |
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Plain Language |
U.S. Senator Bob Casey held a hearing that was about disability policy and important issues for people with disabilities, including caregiving and employment. |
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Action Steps |
Watch the hearing and read witness testimony. |
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Representative McMorris Rodgers Introduces the ABLE Tomorrow Act |
On December 4, U.S. Representative Cathy McMorris Rodgers (R-WA) introduced the bipartisan ABLE Tomorrow Act (H.R. 10296). The bill would make the expiring provisions of the Achieving a Better Life Experience (ABLE) Act of 2014 permanent. Specifically, the bill will:
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Make the ABLE to Work Act and ABLE Financial Planning Act permanent.
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Eliminate the Medicaid clawback in the original ABLE Act.
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Provide ample warning for account holders to safeguard social security benefits should they inadvertently exceed the maximum allowed balance of $100,000.
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Allow for a one-time lump sum into an ABLE account beyond the $18,000 per gift tax contribution limit for certain instances.
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Encourage the Social Security Administration and U.S. Department of Veterans Affairs to offer ABLE education programs for families when discussing SSI or SSDI benefits.
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Allow an employer to make contributions to an ABLE eligible worker’s 529A account in lieu of contributions to the employer’s defined contribution plan.
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Plain Language |
U.S. Representative Cathy McMorris Rodgers introduced a bill called the ABLE Tomorrow Act. ABLE accounts are savings accounts that people with disabilities can use to save money for the future without losing their benefits like Medicaid. The ABLE Tomorrow Act would make sure that people can keep opening ABLE accounts and save money, educate people with disabilities about ABLE accounts, as well as help people with ABLE accounts keep their money safe. |
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Action Steps |
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National Institutes of Health Requests Feedback on Disability Health Research Plan |
On December 12, the National Institutes of Health (NIH) released a request for information to solicit feedback on the NIH Strategic Plan for Disability Health Research FY26-FY30. The NIH is seeking feedback on the draft framework for the strategic plan as part of its work to “understand and address the effects of both medical conditions and environmental factors on the health and well-being of people with disabilities.” In particular, NIH is looking for feedback and input from the public on how the draft framework addresses knowledge gaps in understanding the health needs of people with disabilities across the lifespan, how best to build and maintain meaningful relationships between NIH and the disability community, how to build meaningful participation of people with disabilities in the research process, and how to develop a skilled scientific workforce that includes researchers with disabilities. |
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Plain Language |
The National Institutes of Health (NIH) is a government agency that focuses on health and research. They have a new plan to improve research around disabilities and improve the health of people with disabilities. They want people to provide feedback and tell them what they think about this plan, especially people with disabilities and their families. NIH wants feedback from people on the plan. |
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Action Steps |
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The National Institute on Minority Health and Health Disparities Requests Feedback on Strategic Plan |
On December 3, the National Institute on Minority Health and Health Disparities (NIMHD) within the National Institutes of Health (NIH) announced that it was requesting feedback on its NIH Minority Health and Health Disparities Strategic Plan for 2026-2030. The Strategic Plan will “guide NIH in setting scientific goals, such as deepening the understanding of health disparities, enhancing research activities, strengthening research capacity, and developing the scientific workforce.” It will work to advance minority health and reduce health disparities. NIH is seeking feedback and comments from the public on its goals, including how best to improve racial and/or ethnic minority health, support training to enhance workforce diversity, strengthen capacity to conduct research on racial and/or ethnic minority health, maintain community engagement with minority populations, and more. |
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Plain Language |
The National Institute on Minority Health and Health Disparities is a government agency that does a lot of research and works to improve health for many people. Minorities are groups of people who are different from the larger society in some way. This government agency is making a plan about how to make sure different people can benefit from all the research about them. People with disabilities should provide feedback to make sure their voices are heard. |
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Action Steps |
Read more about the Strategic Plan and provide comments by 11:59 PM ET on December 31, 2024. |
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Check out "Tuesdays with Liz: Disability Policy for All" |
“Tuesdays with Liz: Disability Policy for All” is a YouTube video series highlighting current issues and hot topics in disability policy. Past guests of Tuesdays with Liz include U.S. Senators, U.S. Representatives, agency officials, AUCD leadership, and key members of the disability community.
Liz Weintraub is AUCD's Senior Advocacy Specialist and the host of "Tuesdays with Liz: Disability Policy for All."
Liz has extensive experience practicing leadership in self-advocacy and has held many board and advisory positions at state and national organizations, including the Council on Quality & Leadership (CQL) and the Maryland Developmental Disabilities Council.
Find the full playlist on YouTube or check out this episode from the archives with U.S. Representative Marc Molinaro (R-NY) on his bill, the Think Differently Act. |
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