The ABLE Act is Back!
ASK YOUR MEMBER TO SIGN ONTO THE ABLE ACT OF 2011
Draft Action Alert
The Achieving a Better Life Experience Act (ABLE) of 2011 was introduced on
November 15th as S. 1872 in the U.S. Senate and H.R. 3423 in the House of Representatives. The
ABLE Act will give individuals with disabilities and their families the ability to save for their
child's future just like every other American family, and help people with disabilities live full,
productive lives in their communities without losing benefits provided through private
insurances, the Medicaid program, the supplemental security income program, the
beneficiary’s employment, and other sources. The account could fund a variety of essential
expenses for individuals, including medical and dental care, education, community based
supports, employment training, assistive technology, housing, and transportation.
ACTION REQUIRED:
We need your help! Please call your two Senators and U.S. Representative and ask them to be
an original cosponsor of the ABLE Act of 2011.
RESOURCES INCLUDED:
We’ve included the following tools for you to successfully complete this advocacy action alert:
(1) Suggested Call Script
(2) Brief Overview of the ABLE Act
(3) List of Cosponsors of the ABLE Act in the 111th Congress
Additionally, you can download the actual legislative text and check to see who has already
cosponsored this year’s bills by clicking the following links:
 Bill summary of H.R. 3423
 Bill summary of S. 1872
CALL SCRIPT: Key Talking Points for Outreach to Senators and Representatives
 Introduce yourself and ask to speak with your Member’s disability legislative staffer.
 I am calling to ask my [Senator/Representative] to be an original cosponsor of the
Achieving a Better Life Experience Act (ABLE) of 2011. This bill was introduced by:
 U.S. Senator Casey (D-PA) and Richard Burr (R-NC) as S. 1872 in the Senate; and
 U.S. Representatives Crenshaw (R-FL), McMorris Rodgers (R-WA), and Van Hollen (DMD) as H.R. 3423 in the U.S House of Representatives.
 The legislation encourages persons with disabilities to save in order to live an independent
and meaningful life while reducing their dependency on public benefits.
 This legislation allows for the establishment of tax-exempt financial security accounts for
individuals with disabilities to pay certain expenses, including: medical and dental care,
education, community based supports, employment training, assistive technology, housing,
and transportation.

If your boss is interested in signing on as a cosponsor, please contact:
 Senate: Sen. Casey/Jennifer McCloskey (Jennifer_Mccloskey@casey.senate.gov)
 House: Rep. Crenshaw/Jennifer Debes (Jennifer.Debes@mail.house.gov)
ABLE Act in the 112th Congress: Legislative Overview
Purpose:
 To encourage and assist individuals and families in saving private funds for the purpose of
supporting individuals with disabilities to maintain health, independent, and quality of life.
 In creating ABLE Accounts, the legislative intent is to provide secure funding for disability-related
expenses on behalf of designated beneficiaries with disabilities that will supplement, but not
supplant, benefits provided through private insurances, the Medicaid program, the supplemental
security income program, the beneficiary’s employment, and other sources.
Created under Existing 529 Codes for Qualified Tuition Programs:
 Creates a new subsection (f) ABLE Account within Section 529 of the Internal Revenue Code
 ABLE in the 112th Congress has been re-drafted to follow all the requirements and regulations of a
traditional 529 qualified tuition program.
 Easy to open and available in any state
 Same annual contributions apply (After $13,000 gift tax rules apply)
 Same tax-free treatment of account applies (Income earned grows tax- free, withdrawals
for qualified disability expenses are tax-free)
 Same reporting requirements apply as to a traditional 529
 A beneficiary may have either an ABLE account or a traditional 529 qualified tuition
program. (Multiple ABLE accounts or multiple 529 plans still allowed)
 Rollovers allowed from an ABLE account to traditional 529 if beneficiary is no longer
deemed disabled. (All other 529 rollovers apply to ABLE accounts)
 Rollovers allowed to other family member’s ABLE account or their traditional 529
Qualified Disability Expenses:
 Education- including tuition for preschool thru post-secondary education, books, supplies, and
educational materials related to such education, tutors, and special education 6 services.
 Housing- Expenses for a primary residence, including rent, purchase of a primary residence or
an interest in a primary residence, mortgage payments, home improvements and modifications,
maintenance and repairs, real property taxes, and utility charges.
 Transportation- Expenses for transportation, including the use of mass transit, the purchase or
modification of vehicles, and moving expenses.
 Employment Support- Expenses related to obtaining and maintaining employment, including
job-related training, assistive technology, and personal assistance supports.
 Health Prevention and Wellness: Expenses for health and wellness, including premiums for
health insurance, mental health, medical, vision, and dental expenses, habilitation and
rehabilitation services, durable medical equipment, therapy, respite care, long term services and
supports, nutritional management, communication services and devices, adaptive equipment,
assistive technology, and personal assistance.
 Other Approved Expenses- Any other expenses which are approved by the Secretary under
regulations and consistent with the purposes of this section.
 Assistive Technology and Personal Support- Expenses for assistive technology and
personal support with respect to any item described in clauses (i) through (vi).
 Miscellaneous Expenses- Financial management and administrative services, legal fees,
expenses for oversight, monitoring, or funeral and burial expenses.
How to Qualify for an ABLE Account:
 Any individual who is receiving, deemed to be, or treated as receiving supplemental security
income benefits or disability benefits under Title II of the Social Security Act.
OR
 Any individual who has a medically determined physical or mental impairment, which results in
marked and severe functional limitations, and which can be expected to result in death or which
has lasted or can be expected to last for a continuous period of not less than 12 month or is blind,
and provides a copy of their diagnosis signed by a physician.
 No one who qualifies for an ABLE account is able to use that eligibility to secure supplemental
security income benefits or Medicaid.
Federal Treatment of ABLE Account under Supplemental Security Income Program:
 When the assets in an ABLE account reach $100,000, if the beneficiary is receiving Supplemental
Security Income (SSI) benefits, any monthly SSI benefits will be placed in suspension
 If the assets in the ABLE account drop back below $100,000, the SSI benefit suspension ceases
and any SSI benefit resumes
 The beneficiary will not have to reapply for SSI benefits once the account drops back below the
$100,000 threshold
No Impact on Medicaid Eligibility:
 Under no circumstance will anyone with an ABLE account who is currently receiving Medicaid
benefits lose their benefits – even if their SSI benefits are suspended
 The beneficiary will never lose their eligibility for Medicaid based on the assets held in their ABLE
account
Medicaid Payback Provision:
 In the event the qualified beneficiary dies (or ceases to be an individual with a disability) with
remaining assets in an ABLE account:
o The assets in the ABLE Account are first distributed to any State Medicaid plan that
provided medical assistance to the designated beneficiary.
o The amount of any such Medicaid payback is calculated based on amounts paid by
Medicaid after the creation of the ABLE Account.
List of ABLE Act Cosponsors in 111th Congress
Senate Sponsors of S. 493 in 111th Congress
Sen Brown, Sherrod [OH] - 4/21/2010
Sen Brownback, Sam [KS] - 2/26/2009
Sen Burr, Richard [NC] - 2/26/2009
Sen Cochran, Thad [MS] - 5/26/2010
Sen Collins, Susan M. [ME] - 2/26/2010
Sen Dodd, Christopher J. [CT] - 2/26/2009
Sen Feingold, Russell D. [WI] - 3/15/2010
Sen Gillibrand, Kirsten E. [NY] - 7/30/2009
Sen Hatch, Orrin G. [UT] - 2/26/2009
Sen Isakson, Johnny [GA] - 3/16/2010
Sen Kennedy, Edward M. [MA] - 2/26/2009
Sen Kerry, John F. [MA] - 7/13/2010
Sen Klobuchar, Amy [MN] - 4/21/2010
Sen Landrieu, Mary L. [LA] - 2/24/2010
Sen Lautenberg, Frank R. [NJ] - 4/22/2009
Sen LeMieux, George S. [FL] - 2/24/2010
Sen Menendez, Robert [NJ] - 4/30/2010
Sen Mikulski, Barbara A. [MD] - 5/26/2010
Sen Risch, James E. [ID] - 4/30/2009
Sen Specter, Arlen [PA] - 3/25/2009
Sen Stabenow, Debbie [MI] - 7/22/2010
Sen Tester, Jon [MT] - 9/15/2010
Sen Whitehouse, Sheldon [RI] - 10/1/2009
Sen Wicker, Roger F. [MS] - 3/19/2009
House Sponsors of HR 1205 in 111th Congress
Rep Ackerman, Gary L. [NY-5] - 6/12/2009
Rep Akin, W. Todd [MO-2] - 3/3/2009
Rep Andrews, Robert E. [NJ-1] - 3/17/2009
Rep Arcuri, Michael A. [NY-24] - 7/13/2010
Rep Bachmann, Michele [MN-6] - 4/22/2010
Rep Bachus, Spencer [AL-6] - 3/6/2009
Rep Baldwin, Tammy [WI-2] - 5/7/2009
Rep Barrett, J. Gresham [SC-3] - 5/13/2010
Rep Barrow, John [GA-12] - 4/21/2009
Rep Bean, Melissa L. [IL-8] - 3/18/2009
Rep Berkley, Shelley [NV-1] - 3/12/2009
Rep Bishop, Sanford D., Jr. [GA-2] - 5/7/2009
Rep Bishop, Timothy H. [NY-1] - 5/13/2009
Rep Blackburn, Marsha [TN-7] - 3/3/2009
Rep Blunt, Roy [MO-7] - 3/3/2009
Rep Boccieri, John A. [OH-16] - 5/21/2009
Rep Bonner, Jo [AL-1] - 3/4/2010
Rep Bono Mack, Mary [CA-45] - 6/19/2009
Rep Boozman, John [AR-3] - 3/30/2009
Rep Bordallo, Madeleine Z. [GU] - 3/12/2009
Rep Boucher, Rick [VA-9] - 1/27/2010
Rep Brady, Kevin [TX-8] - 3/6/2009
Rep Braley, Bruce L. [IA-1] - 7/8/2009
Rep Brown, Corrine [FL-3] - 3/12/2009
Rep Brown-Waite, Ginny [FL-5] - 3/6/2009
Rep Burton, Dan [IN-5] - 3/3/2009
Rep Calvert, Ken [CA-44] - 4/21/2009
Rep Campbell, John [CA-48] - 4/2/2009
Rep Cantor, Eric [VA-7] - 4/2/2009
Rep Cao, Anh "Joseph" [LA-2] - 7/8/2009
Rep Capito, Shelley Moore [WV-2] - 3/25/2010
Rep Carnahan, Russ [MO-3] - 5/13/2009
Rep Carson, Andre [IN-7] - 3/18/2009
Rep Cassidy, Bill [LA-6] - 3/4/2010
Rep Chaffetz, Jason [UT-3] - 4/21/2009
Rep Chandler, Ben [KY-6] - 4/15/2010
Rep Childers, Travis [MS-1] - 5/21/2009
Rep Cleaver, Emanuel [MO-5] - 6/19/2009
Rep Cohen, Steve [TN-9] - 3/17/2009
Rep Cole, Tom [OK-4] - 3/19/2010
Rep Connolly, Gerald E. "Gerry" [VA-11] 7/31/2009
Rep Courtney, Joe [CT-2] - 5/4/2009
Rep Culberson, John Abney [TX-7] - 6/12/2009
Rep Davis, Geoff [KY-4] - 3/30/2009
Rep Davis, Susan A. [CA-53] - 6/10/2010
Rep Delahunt, Bill [MA-10] - 4/21/2009
Rep DeLauro, Rosa L. [CT-3] - 3/2/2010
Rep Dent, Charles W. [PA-15] - 12/1/2010
Rep Deutch, Theodore E. [FL-19] - 6/24/2010
Rep Diaz-Balart, Lincoln [FL-21] - 3/6/2009
Rep Diaz-Balart, Mario [FL-25] - 3/4/2010
Rep Donnelly, Joe [IN-2] - 10/6/2009
Rep Doyle, Michael F. [PA-14] - 4/27/2009
Rep Dreier, David [CA-26] - 3/17/2009
Rep Driehaus, Steve [OH-1] - 4/30/2009
Rep Ehlers, Vernon J. [MI-3] - 3/17/2009
Rep Ellison, Keith [MN-5] - 9/10/2009
Rep Ellsworth, Brad [IN-8] - 3/18/2009
Rep Emerson, Jo Ann [MO-8] - 7/13/2010
Rep Eshoo, Anna G. [CA-14] - 5/5/2010
Rep Filner, Bob [CA-51] - 3/24/2009
Rep Fleming, John [LA-4] - 7/8/2009
Rep Fortenberry, Jeff [NE-1] - 11/19/2009
Rep Frank, Barney [MA-4] - 3/18/2009
Rep Fudge, Marcia L. [OH-11] - 4/30/2009
Rep Gerlach, Jim [PA-6] - 4/30/2009
Rep Gonzalez, Charles A. [TX-20] - 7/30/2010
Rep Goodlatte, Bob [VA-6] - 7/17/2009
Rep Gordon, Bart [TN-6] - 3/24/2009
Rep Graves, Sam [MO-6] - 3/3/2009
Rep Grijalva, Raul M. [AZ-7] - 6/12/2009
Rep Gutierrez, Luis V. [IL-4] - 3/2/2010
Rep Hare, Phil [IL-17] - 3/10/2009
Rep Harper, Gregg [MS-3] - 3/3/2009
Rep Hastings, Alcee L. [FL-23] - 5/26/2010
Rep Heller, Dean [NV-2] - 3/24/2009
Rep Herger, Wally [CA-2] - 6/26/2009
Rep Herseth Sandlin, Stephanie [SD] - 3/4/2010
Rep Himes, James A. [CT-4] - 1/27/2010
Rep Hinchey, Maurice D. [NY-22] - 5/21/2009
Rep Hoekstra, Peter [MI-2] - 5/5/2010
Rep Holden, Tim [PA-17] - 3/24/2009
Rep Holt, Rush D. [NJ-12] - 3/10/2009
Rep Inslee, Jay [WA-1] - 12/1/2010
Rep Jackson, Jesse L., Jr. [IL-2] - 6/12/2009
Rep Jackson-Lee, Sheila [TX-18] - 7/8/2009
Rep Jones, Walter B., Jr. [NC-3] - 7/30/2010
Rep Kennedy, Patrick J. [RI-1] - 2/26/2009
Rep Kildee, Dale E. [MI-5] - 5/4/2009
Rep King, Peter T. [NY-3] - 4/2/2009
Rep Kirk, Mark Steven [IL-10] - 3/6/2009
Rep Klein, Ron [FL-22] - 3/2/2010
Rep Kline, John [MN-2] - 5/13/2009
Rep Kosmas, Suzanne M. [FL-24] - 6/19/2009
Rep Lamborn, Doug [CO-5] - 5/13/2009
Rep Langevin, James R. [RI-2] - 4/21/2009
Rep Larsen, Rick [WA-2] - 5/13/2010
Rep Larson, John B. [CT-1] - 9/16/2010
Rep Latham, Tom [IA-4] - 5/4/2009
Rep Lewis, John [GA-5] - 5/13/2009
Rep Loebsack, David [IA-2] - 7/30/2010
Rep Lofgren, Zoe [CA-16] - 5/4/2009
Rep Lucas, Frank D. [OK-3] - 4/15/2010
Rep Luetkemeyer, Blaine [MO-9] - 4/27/2009
Rep Lynch, Stephen F. [MA-9] - 6/12/2009
Rep Mack, Connie [FL-14] - 3/18/2009
Rep Maloney, Carolyn B. [NY-14] - 7/27/2010
Rep Markey, Edward J. [MA-7] - 4/22/2010
Rep Marshall, Jim [GA-8] - 3/24/2009
Rep Massa, Eric J. J. [NY-29] - 5/4/2009
Rep Matsui, Doris O. [CA-5] - 4/27/2009
Rep McCarthy, Carolyn [NY-4] - 4/30/2009
Rep McCarthy, Kevin [CA-22] - 7/17/2009
Rep McCotter, Thaddeus G. [MI-11] - 5/21/2009
Rep McDermott, Jim [WA-7] - 7/13/2010
Rep McGovern, James P. [MA-3] - 4/22/2010
Rep McHugh, John M. [NY-23] - 5/4/2009
Rep McIntyre, Mike [NC-7] - 4/21/2009
Rep McMorris Rodgers, Cathy [WA-5] 2/26/2009
Rep Meek, Kendrick B. [FL-17] - 2/26/2009
Rep Meeks, Gregory W. [NY-6] - 11/6/2009
Rep Melancon, Charlie [LA-3] - 3/9/2010
Rep Mica, John L. [FL-7] - 3/3/2009
Rep Michaud, Michael H. [ME-2] - 3/9/2010
Rep Miller, Brad [NC-13] - 7/1/2010
Rep Miller, Jeff [FL-1] - 9/29/2009
Rep Moore, Dennis [KS-3] - 3/3/2009
Rep Moore, Gwen [WI-4] - 4/15/2010
Rep Moran, James P. [VA-8] - 3/3/2009
Rep Murphy, Christopher S. [CT-5] - 9/16/2010
Rep Murphy, Scott [NY-20] - 3/4/2010
Rep Murphy, Tim [PA-18] - 6/26/2009
Rep Myrick, Sue Wilkins [NC-9] - 4/30/2009
Rep Napolitano, Grace F. [CA-38] - 7/8/2009
Rep Neugebauer, Randy [TX-19] - 4/2/2009
Rep Norton, Eleanor Holmes [DC] - 3/10/2009
Rep Nunes, Devin [CA-21] - 4/2/2009
Rep Nye, Glenn C. [VA-2] - 6/10/2010
Rep Olson, Pete [TX-22] - 3/30/2009
Rep Olver, John W. [MA-1] - 3/4/2010
Rep Pascrell, Bill, Jr. [NJ-8] - 3/9/2010
Rep Paul, Ron [TX-14] - 3/3/2009
Rep Paulsen, Erik [MN-3] - 3/6/2009
Rep Payne, Donald M. [NJ-10] - 7/8/2009
Rep Pence, Mike [IN-6] - 3/24/2009
Rep Peterson, Collin C. [MN-7] - 4/30/2009
Rep Pingree, Chellie [ME-1] - 7/30/2010
Rep Platts, Todd Russell [PA-19] - 3/6/2009
Rep Poe, Ted [TX-2] - 5/5/2010
Rep Posey, Bill [FL-15] - 4/30/2009
Rep Price, David E. [NC-4] - 7/31/2009
Rep Putnam, Adam H. [FL-12] - 7/27/2010
Rep Reichert, David G. [WA-8] - 7/31/2009
Rep Richardson, Laura [CA-37] - 3/25/2010
Rep Roe, David P. [TN-1] - 4/2/2009
Rep Rogers, Harold [KY-5] - 12/16/2009
Rep Rogers, Mike D. [AL-3] - 12/8/2009
Rep Rooney, Thomas J. [FL-16] - 4/2/2009
Rep Ros-Lehtinen, Ileana [FL-18] - 3/6/2009
Rep Roskam, Peter J. [IL-6] - 3/3/2009
Rep Ross, Mike [AR-4] - 9/16/2010
Rep Rothman, Steven R. [NJ-9] - 3/10/2009
Rep Rush, Bobby L. [IL-1] - 3/4/2010
Rep Ryan, Tim [OH-17] - 3/3/2009
Rep Sablan, Gregorio Kilili Camacho [MP] 4/30/2009
Rep Sanchez, Linda T. [CA-39] - 7/27/2010
Rep Schauer, Mark H. [MI-7] - 6/26/2009
Rep Schmidt, Jean [OH-2] - 3/30/2009
Rep Schock, Aaron [IL-18] - 5/7/2009
Rep Scott, Robert C. "Bobby" [VA-3] - 3/9/2010
Rep Sessions, Pete [TX-32] - 3/3/2009
Rep Sestak, Joe [PA-7] - 5/4/2009
Rep Shimkus, John [IL-19] - 4/22/2010
Rep Sires, Albio [NJ-13] - 6/26/2009
Rep Skelton, Ike [MO-4] - 12/1/2010
Rep Smith, Christopher H. [NJ-4] - 3/3/2009
Rep Souder, Mark E. [IN-3] - 5/13/2009
Rep Speier, Jackie [CA-12] - 7/13/2010
Rep Stark, Fortney Pete [CA-13] - 12/8/2009
Rep Tauscher, Ellen O. [CA-10] - 3/10/2009
Rep Terry, Lee [NE-2] - 4/21/2009
Rep Thompson, Glenn [PA-5] - 4/27/2009
Rep Thompson, Mike [CA-1] - 3/17/2009
Rep Tiberi, Patrick J. [OH-12] - 3/4/2010
Rep Titus, Dina [NV-3] - 7/13/2010
Rep Tonko, Paul [NY-21] - 6/12/2009
Rep Towns, Edolphus [NY-10] - 11/6/2009
Rep Tsongas, Niki [MA-5] - 7/17/2009
Rep Turner, Michael R. [OH-3] - 7/8/2009
Rep Upton, Fred [MI-6] - 12/11/2009
Rep Van Hollen, Chris [MD-8] - 3/9/2010
Rep Visclosky, Peter J. [IN-1] - 3/4/2010
Rep Walz, Timothy J. [MN-1] - 7/30/2010
Rep Wamp, Zach [TN-3] - 12/16/2009
Rep Welch, Peter [VT] - 4/30/2009
Rep Wexler, Robert [FL-19] - 4/21/2009
Rep Wilson, Joe [SC-2] - 5/4/2009
Rep Wittman, Robert J. [VA-1] - 3/4/2010
Rep Wolf, Frank R. [VA-10] - 3/3/2009
Rep Wu, David [OR-1] - 5/26/2010
Rep Yarmuth, John A. [KY-3] - 12/11/2009
Rep Young, C.W. Bill [FL-10] - 3/6/2009
Rep Young, Don [AK] - 5/4/2009