INSIDE WASHINGTON
A Weekly Update of Important Events in the
Nation’s Capitol
Published by the National Association of Protection and Advocacy Systems
900 Second Street, N.E., Suite 211
Washington, D.C. 20002
202-408-9514 voice; 202-408-9521 tty; 202-408-9520
fax; 408-9520 www.napas.org
January 10, 2005
Volume 4,
No. 1
Happy New Year. This is the first issue of Inside Washington for 2005. The First
Session of the 109th Congress began last week with the swearing-in of Members of
Congress; a number of ethics rule changes in the House; and House interviews for –
and changes in Committee Chair assignments. While there was a great deal of
statement making and posturing on both sides of the aisle during the first few days,
there will not be any real legislative action until after the inauguration. One thing
that is VERY clear for disability advocates is that this is going to be a very difficult
year. The first thing that people are gearing up for is the President’s FY 2006
budget which will be released on February 7th. It is expected that it will include
level funding -- at the best for domestic discretionary non-defense and nonhomeland security programs -- if not cuts. It also is expected that the budget once
again will include proposals to reform Medicaid. One thing it appears will NOT be in
the budget is an explanation of the President’s Social Security reform proposal.
NAPAS is anticipating a difficult and contentious year and is relying on our “network”
to proactively educate policymakers on these and other critical issues. Stay tuned.
Inside Inside Washington
109th Congress Begins with a Bang
House Introduces Workforce Investment Act/
Rehabilitation Act Reauthorization
January 10, 2005
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p. 2
p. 5
109th Congress begins
•
The First Session of the 109th Congress began last week with the swearing in of Members of
Congress; a number of ethics rule changes in the House; and House interviews for – and changes
in Committee Chair assignments. There will not be any real legislative action until after the
inauguration, however things are going on. A number of nomination hearings have taken place in
the Senate. Margaret Spellings, nominee for Secretary of Education, won accolades from HELP
Committee members and it is expected that her nomination will be approved. Michael Leavitt,
former Utah Governor and head of the Environmental Protection Agency, has been nominated as
Secretary of the Department of Health and Human Services. The department he will oversee
has jurisdiction over the majority of disability-related programs, including Medicaid and
Medicare, and most P&A programs. He has two hearings scheduled next week – one before the
HELP Committee on January 18th and one before the Finance Committee on January 19th.
NAPAS will be working with committee staff on questions to ask Leavitt at his nomination
hearing.
•
Although the hearings for Alberto Gonzales to be the new Attorney General have gotten most
of the attention, these other two nominations are extremely important for children and adults
with disabilities and their families. While Gonzales as Attorney General will play the critical role
in the area of civil rights enforcement, the other two will play critical roles in relation to the
operation of most programs of importance to people with disabilities.
•
Most of the action at the beginning of this new Congress has taken place so far in the House of
Representatives. As the Republicans have added to their majority in the House, the leadership
has tightened the reins more and more on the Republican rank-and-file and on the minority
Democrats. Party loyalty, fund raising ability, and a commitment to cutting domestic spending
appear to be the three major criteria for anyone who wants a leadership role.
Appropriations
•
Three senior House members – Representatives Regula (OH), Lewis (CA), and Rogers (TN) -were competing for the position of Chairman of the House Appropriations Committee. All three
had to be interviewed by House leaders Hastert (IL) and Delay (TX) and others. Lewis, who
previously chaired both the HUD-VA and the Defense Appropriations Subcommittees, won out
over the other two.
•
Lewis made the following statement after his appointment.
We have a historic opportunity and unique responsibility to reform the appropriations
process and change the culture of the committee. I intend to lead a committee that is
dedicated to fiscal restraint and committed to being an integral part of our Republican
leadership’s effort to rein in spending and balance the federal budget.
He also made the commitment to begin the appropriations process earlier in order to avoid year end
“Omnibus” bills. In relation to timing, an appropriations alert was posted to the Public Policy list on
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January 7th. The main messages of that alert are that “times have changed” and “we need to take
network-wide action immediately”.
•
In the past, Lewis often worked in a bipartisan manner with his Democratic peers – as was the
tradition of the Appropriations Committee. While unfortunately that bipartisanship has waned,
advocates can be somewhat hopeful when they consider the fact that it was during Lewis’
tenure as Chairman of the HUD-VA Appropriations Committee (1994-1999) that Representative
Frelinghuysen (R-NJ) was successful in adding to the HUD budget the biggest chunk of an
additional $250 million for Section 8 tenant-based rental assistance for people with disabilities
affected by the designation of elderly-only public and assisted housing.
•
It is anticipated that Representative Regula will remain as Chairman of the Labor-Health and
Human Services-Education Appropriations Subcommittee (the subcommittee with jurisdiction
over all P&A/CAP programs and most other disability programs) for the next two years until he
is term-limited out of that role. Rogers likely will be Chairman of the Homeland Security
Subcommittee and may seek the full committee chairmanship again when Lewis’ term is up. On
the Democratic side, Representative Obey (WI) will remain as Ranking Member on the full
Appropriations Committee and on the L-HHS-ED Subcommittee.
Senate Committee Changes
•
In the Senate the most notable changes are on the Appropriations, Budget and Health,
Education, Labor and Pensions committees. The new chairman of the Senate Appropriations
Committee is Senator Cochran (R-MS) and Senator Byrd (D-WV) remains as Ranking Member.
Appropriations Subcommittee Chairman and Ranking Members will stay the same. That means
that Senators Specter (R-PA) and Harkin (D-IA) will continue as leaders of the L-HHS-ED
Subcommittee. Full subcommittee lists have not yet been announced. The Senate Health,
Education, Labor and Pensions Committee will have a new subcommittee structure. There likely
will be four subcommittees, one in each of the committee’s issue areas, health, education, labor
and pensions. More information will be provided when the subcommittee assignments are
finalized. Each of the three committees below will play a key role in disability policy this year.
Committee
Appropriations
Budget
HELP
New Chairman
Thad Cochran (R-MS)
Judd Gregg (R-NH)
Michael Enzi (R-WY)
Old Chairman
Ted Stevens (R-AK)
Don Nickles (R-OK)
Judd Gregg (R-NH)
Reason for departure
Term limits
Left Congress
Went to Budget
Veterans Issues
•
In another interesting change that will have an impact on people with disabilities, House
Republican leaders removed Representative Smith (R-NJ) from his role as Chairman of the
Veteran’s Affairs Committee. He was removed because he advocated for more funding for
veteran’s programs. This made him popular with veterans groups, which are very concerned
about his removal and its implications on their programs in a time of increasing need. However,
the same thing that made him popular with advocacy groups made him unpopular with Republican
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leaders. His removal was the first time -- since they became the majority party ten years ago - that the Republicans got rid of a sitting chairman whose term was not up. Smith was replaced
with Representative Buyer (R-IN).
Social Security
•
Social Security continues to be talked about as the number one issue on the Bush agenda for
the next year. While it may be number one with the Administration, it is not number one with
numerous Republicans in Congress, including a goodly number of House Members. A clear
majority of Democrats strongly oppose the Bush proposal for private accounts, but there are a
few middle-of-the road Democrats who appear to like the “concept”. The timing of this
endeavor is also being questioned. The program does face financial challenges – but is it facing a
crisis? According to Social Security actuaries in the annual SS Trustees Report and the
Congressional Budget Office, the program will run a surplus for several decades and system
problems are manageable over the long-run. SS Trust Funds will be able to pay full benefits for
almost 50 years.
•
President Bush told Republicans last week that he wants to start to work right away on Social
Security and that his plan would divert some of the Social Security payroll tax into new
personal savings accounts for workers. Bush would change the formula for calculating Social
Security benefits to pay for this change. This would lead to smaller payouts to future retirees
than they would get under current law. Without this type of formula change to cover the costs
of moving to private accounts, it is expected that transition costs (if the President’s plan
reflects the proposal from his Social Security Commission, see http://www.csss.gov/) could
drain as much as $2.2 trillion from the Social Security Trust Funds over the next ten years.
•
The Democratic message on Social Security is going to be that we, as a nation, can’t afford not
to save Social Security because it is a universal, totally portable, defined benefit system that
provides more than just retirement income. It also provides disability and survivor benefits
that are unmatched in the private sector. It is based on insurance principles, paying benefits
whenever an insured-against event occurs. It spreads the risk broadly throughout society. It
represents the single most effective anti-poverty program because without it, nearly half of all
retirees would live in poverty. Disability advocates will have to play a major role in the debate
over Social Security reform because people with disabilities are spread throughout the portions
of the program that would be affected by proposed reforms.
Program
Those Covered
Retirees
Spouses
Disabled Adult Children
Minor children and spouses of deceased workers and
retirees
Disabled Widow(er)s
Disabled Workers
Disabled Adult Children
Old Age benefits
Survivors benefits
Disability Insurance
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•
The Congress and advocates were shocked and saddened by the untimely death of
Representative Matsui (D-CA), who was Ranking Member on the House Ways and Means
Subcommittee on Social Security. In this position, Matsui had been a leader in Social Security
policy and his loss will be felt since Social Security reform is at the top of the Administration’s
agenda.
The Democratic leadership has chosen Representative Levin (D-MI) as the new
subcommittee chairman. He will now lead in the House in opposition to the Bush Administration’s
Social Security privatization proposal.
Medicaid
•
Medicaid also is on the “reform” agenda for this year and appears to be facing changes that
could lead to cuts in services (see December 27th Inside Washington). NAPAS and other groups
continue to meet to discuss a proactive stance based on the premise that Medicaid is a good
program that works for children and adults with disabilities and their families and a key cog in
the nation’s health care system. Other groups (with clout) that are raising major concerns with
the Administration and Congress about cuts are the National Governor’s Association and the
National Association of Counties.
•
Without Medicaid, many people with disabilities would not have access to important services and
supports that help them leave healthier and more independent lives in the community.
•
Medicaid is the primary public source of funding for long-term services and supports for
people with disabilities of all ages. Because our nation lacks a national policy of financing
long-term services, .Medicaid-funded long term services are the only option for millions of
Americans – with and without disabilities. Long term care costs can quickly impoverish low
and moderate income families. While Medicaid is the largest payer of nursing home care, it
also typically is the only source of funding to support people with disabilities in the
community instead of in costly, inappropriate, and segregated nursing homes or institutions.
•
For children with all types of disabilities, access to the cost-effective Early and Periodic
Screening, Diagnosis and Treatment (EPSDT) benefit, with its screenings, services and
therapies, can make a major difference in their lives. Access to these important services
enables them to lead healthy and more active lives; avoid additional disabilities; continue to
live at home with their families; make it through school; get and keep a job; and participate
actively in the community in which they live.
•
Medicaid is the largest source of financing for HIV/AIDS care, as well as state and local
spending on mental health, mental retardation, and developmental disabilities services in the
country. These services help ensure that children and adults with disabilities have access
to the supports necessary to live healthier, more independent, and productive lives.
•
For people with epilepsy, mental illness, and a variety of other conditions, Medicaid often is
the only source of access to life-saving prescription drug coverage.
•
For people with a variety of physical disabilities, such as spinal cord injuries, traumatic
brain injuries, cerebral palsy, or amputations, Medicaid usually is the only way to access
January 10, 2005
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durable medical equipment like wheelchairs or prosthetic devices, as well as assistive
technology. These are the very supports that allow individuals to live independent and
productive lives, be employed, and part of the community.
•
NAPAS and other members of the Consortium for Citizens with Disabilities Health and Long
Term Services and Supports Task Forces are working on a series of material for advocates in
the states and planning for a Medicaid advocates teleconference later in the month. Stay
tuned.
House Introduces Workforce Investment Act/Rehabilitation Act Reauthorization
•
On January 4th a bill was introduced in the House of Representatives to reauthorize the
Workforce Investment Act, which included the Rehabilitation Act. The bill, the Job Training
Improvement Act (H.R. 27) was introduced by Rep. Howard P. "Buck" McKeon (R-CA) and
Education and the Workforce Committee Chairman John Boehner (R-OH). The bill was refereed
to the 21st Century Competitiveness Subcommittee, where McKeon is Chairman.
•
The bill is similar to the legislation passed by the House in 2003, which NAPAS and other
members of the disability community did not support. Again, it makes some significant changes
to existing law. It combines three existing programs in WIA (adults, dislocated workers, and
employment services programs) into one large block grant given to states. There are concerns
this will enable the Administration to make significant cuts to these programs in the future,
because there will only be one funding stream. The bill gives each state’s Governor discretion,
or a mini “super-waiver”, over how the One-Stops are funded – many fear this is likely to lead to
vulnerable programs (i.e. Title I of the Rehabilitation Act) losing money.
•
There are some changes in the new bill which are positive. The opening of the bill is expanded to
state that one purpose of the bill is to provide informed choice to the participants. Further,
individuals with disabilities have been added as a priority population specifically for Individual
Training Accounts. The new House bill continues the authorization for Projects With Industry,
state supported employment grants, and a program for migrant farm workers with disabilities.
In the past these three programs have been eliminated in the President’s budget and some
advocates believed the House WIA bill would eliminate them.
•
Title IV of the bill includes Amendments to the Rehabilitation Act. This again, is very similar to
the previously passed House bill. Once again, the bill would change the position of Commissioner
of Rehabilitation Services Administration to a Director. It also includes language on transition,
which was in the Senate passed IDEA bill last year. The transition amendments are
prescriptive and provide clearer guidance on coordination between special education and
vocational rehabilitation. Finally, the bill does not include any changes to the Protection and
Advocacy for Individual Rights (PAIR) or the Client Assistance Program (CAP).
•
The Senate still is in the process of drafting its WIA reauthorization bill. However, with
Senator Enzi (R-WY) taking over as Senate HELP Committee Chairman, the Senate bill is
expected to largely be the same as it was in 2003. This is because Enzi had a great deal to do
January 10, 2005
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with the crafting of last year’s bill because he was Chairman of the subcommittee with
jurisdiction. The last Senate bill was written in a bipartisan manner. Advocates are hopeful
this will be the case in 2005 and that staff will work together in a bipartisan manner to produce
a bill which addresses not only the Administration’s concerns but also the concerns of the
populations affected by WIA and VR.
All issues of Inside Washington are now available on the NAPAS “Members-Only webpage under Legislative Updates.
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