Please find below NCIL comments on the reauthorization of the Workforce Investment Act and Rehabilitation Act. On Nov. 17th, staff of the Senate HELP Committee's Subcommittee on Employment and Workplace Safety held a "WIA Listening Session." NCIL provided verbal and written comments for this informal forum. The following letter was developed by the Rehab Act Subcommittee.

November 24, 2008

Gerri Fiala, Crystal Bridgeman, Ed Egee, &
Carmel Martin, Erin Renner, Beth Buehlmann
Employment and Workplace Safety Subcommittee
Senate Health, Education, Labor, and Pensions Committee
US Senate      
Washington, DC 20510
Sent via email: ews@help.senate.gov

Dear Gerri, Crystal, Ed, Carmel, Erin, & Beth:

The National Council on Independent Living has several concerns and ideas regarding the reauthorization of the Workforce Investment Act (WIA) and the Rehabilitation Act of 1973, as amended (Title IV of WIA). NCIL is pleased by your bi-partisan collaboration during this process and we look forward to working with you.

As a membership organization representing Centers for Independent Living (CILs), Statewide Independent Living Councils (SILCs), people with disabilities, and disability rights organizations, NCIL advances independent living and the rights of people with disabilities through consumer-driven advocacy. To this end, NCIL strongly urges you to reauthorize WIA and the Rehabilitation Act of 1973, as amended, as soon as possible. NCIL has been working on the reauthorization for nearly a decade while people with disabilities have fallen through the cracks and continue to face a 70% unemployment rate (Source: Department of Labor). Below are our members’ main concerns about and recommendations for improving the policies of workforce development and rehabilitation systems to ensure that all Americans can obtain employment and participate fully in society.

Reauthorize WIA Title IV, THE Rehabilitation Act of 1973, as amended

• The Rehabilitation Services Administration Must Be Consumer Directed

People with disabilities are the best equipped to oversee programs that assist them. This concept of “consumer control,” has proved to be a highly effective way of managing programs that serve people with disabilities, such as centers for independent living, statewide independent living councils, and state rehabilitation councils. It should now be implemented at the federal level by giving people with disabilities a voice over the Rehabilitation Services Administration (RSA).  Title IV of the Workforce Investment Act should be amended to include the establishment of Rehabilitation Services Administration Council to direct the activities and oversee the operations of the Rehabilitation Services Administration (RSA) to hold the Commissioner and his/her agency accountable. Below is an outline of a consumer-controlled RSA Council that would not only promote self-determination, but also enhance services to people with disabilities across the agency.

As you may know, NCIL is working with Senate Health, Education, Labor, and Pensions Committee staff to flush out the creation of an Independent Living Administration (ILA) that would disconnect the IL Program from RSA, enabling consumers of IL services and people with disabilities to oversee the IL Program, therefore allowing for creative solutions and proper implementation of Title VII of the Rehabilitation Act. We look forward to discussing this idea and other options with you, our membership, and the disability community. Until then, we propose the following to hold RSA accountable.

Solution: Title IV of the Workforce Investment Act should be amended to include the following:

(a) There shall be established a Rehabilitation Services Administration Council to direct the activities and oversee the operations of the Rehabilitation Services Administration

(b) Composition and Appointment

(1) The Council shall be composed of [9] members as follows:

(A) Three members appointed by the President;

(B) Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Education and the Workforce Committee of the House of Representatives;

(C) Three members appointed by majority leader of the Senate, in consultation with the Chairman of the Committee on Health, Education, Labor & Pensions of the Senate.

(2) The Council appointees shall include:

(A) At least two of the three appointees from each branch of government must be individuals with disabilities and at least one of them must have been a recipient of services funded through titles I, VI, or VII of the Rehabilitation Act of 1973, as amended.

(B) The remaining appointee from each branch of government may include representatives from private businesses, representatives from organizations that provide assistance to individuals with disabilities, and advocates for individuals with disabilities.

(C) The Council shall be composed of individuals:

(i) who are individuals with a broad range of disabilities;

(ii) who do not work for a state or federal agency;

(iii) who represent traditionally unserved or underserved populations; including but not limited to, representatives of project carried out under section 121;

(D) A Chairperson shall be elected biennially by the members of the council.

(3) Term Limits

(A) Each member shall be appointed for a term of 6 years and shall not serve for more than one term.

(B) Members shall be appointed not later than 90 days after the date of the enactment of this Act, Initially;

(i) one-third of each appointing body's appointments will be for a two-year term;

(ii) one-third of each appointing body's appointments will be for a three-year term;

(iii) one-third of each appointing body's appointments will be for a four-year term.

(4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Council shall be filled in the manner in which the original appointment was made within 90 days of the vacancy.

(c) Duties

(1) The Council will act as a policy-making board, oversee operations, and direct the activities of the Rehabilitation Services Administration, including but not limited to, oversight of:

(A) The hiring and supervision of the Commissioner;

(B) The assessment of need requiring assistance under the Act;

(C) The assessment of satisfaction of recipients of services under the Act;

(D) The development and implementation of Rehabilitation Services Administration goals and objectives;

(E) The development of tools to assess the financial and programmatic success of the Administration’s goals;

(F) Provide to the Secretary periodic reports on the activities of the Administration, and;

(G) Other activities which impact individuals receiving services under the Act.

(d) Authorization of Appropriations: “The Secretary shall reserve such sums as may be necessary to carry out the activities of the Council.”

• Issue: Funding - Unable to Carryover Funds & Funding Formula Needs to Be More Equitable
  

Currently, CILs are not allowed to carryover funding from one year to the next. CILs should not be penalized for efficient use of funds, but rather allowed to carryover unused funds from year to year. Because the current formula is based primarily on population, there are only 24 minimum-funded states. States like West Virginia have not received a funding increase in decades.

Solutions: Carryover funds - Would allow Centers to carry over Part C funds not spent during the first year into a second year.

Funding Formula Change –

(c) Allotments to States-

(1) Definitions- In this subsection:

(A) Additional appropriation- the term `additional appropriation' means the amount (if any) by which the appropriation for a fiscal year exceeds the total of--

(i) the amount reserved under subsection (b) for that fiscal year; and

(ii) the appropriation for fiscal year 2005.

(B) Appropriation- The term `appropriation' means the amount appropriated to carry out this part.

(C) Base appropriation- The term `base appropriation' means the portion of the appropriation for a fiscal year that is equal to the lesser of--

(i) an amount equal to 100 percent of the appropriation, minus the amount reserved under subsection (b) for that fiscal year; or

(ii) the appropriation for fiscal year 2005.

(2) Allotments to states from base appropriation- After the reservation required by subsection (b) has been made, the Commissioner shall allot to each State whose State plan has been approved under section 706 an amount that bears the same ratio to the base appropriation as the amount the State received under this subsection for fiscal year 2007 bears to the total amount that all States received under this subsection for fiscal year 2007.

(3) Allotments to states of additional appropriation- From any additional appropriation for each fiscal year, the Commissioner shall allot to each State whose State plan has been approved under section 706 an amount equal to the sum of--

(A) an amount that bears the same ratio to 50 percent of the additional appropriation as the population of the State bears to the population of all States; and

(B) 1/56 of 50 percent of the additional appropriation.

(d) REALLOTMENT.-Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.

(e) Carryover Authority- Notwithstanding any other provision of law--

(1) any funds appropriated for a fiscal year to carry out a grant program under section 722 or 723, that are not obligated and expended by recipients prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year; and

(2) any amounts of program income received by recipients under a grant program under section 722 or 723 in a fiscal year, that are not obligated and expended by recipients prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year.

• Need More Resources and Mandate for Transition of Youth and People with Disabilities
  

Although it is generally agreed that most Centers are already providing these types of services, recent budget cuts have inhibited CILs’ ability to offer transition as a “core service.”  The additional service will also be addressed in the State Plan for Independent Living and in the Standards for CILs.

Solution: Fifth Core Service – Subject to increased appropriations, NCIL supports a the creation of a fifth core service be added to transition people from nursing homes into the community and from schools into independent living and employment. Amends Title VII, Section 704 and Section 725 to add Promoting Full Access to Community Life as a core service. NCIL encourages the establishment of indicators and outcomes for this fifth core service, based on NCIL’s efforts.

•  Clarify Statewide Independent Living Councils’ Authority to Carryout IL Capacity Building Activities
  

SILC Protections – Because of RSA’s misinterpretations of the Rehabilitation Act of 1973, as amended, there are several clarifications regarding SILC activities (that were included in S. 1021, during the 109th Congress) that NCIL urges you to include in the reauthorization.

Solution: The SILC Council shall select a chairperson from among the voting membership of the State Independent Living Council (SILC).

The function of the Statewide Independent Living Council should be clarified to include:

• Provide advice and assistance to the Designated State Unit regarding the performance of its responsibilities under this title;
  
  
• Facilitate the improvement and coordination of services provided to individuals with disabilities by Centers for Independent Living, the Designated State Unit, other government agencies, and community organizations;
  
  
• Conduct resource development activities to obtain funding from public and private resources to support the activities described in this subsection or to support the provision of independent living services by Centers for Independent Living, and;
  
  
• Perform such other functions, including but not limited to systems advocacy, as the Council determines to be appropriate.

WORKFORCE INVESTMENT ACT

• WIA One-Stop Centers Must Be Physically and Programmatically Accessible to All Americans, Regardless of disability

To improve employment outcomes of all Americans, WIA One-Stop Centers must be accessible to people with any type of disability. This means One-Stops must be physically accessible and must provide programmatically accessible services to people who have sensory (e.g., vision, hearing, mental health, cognitive, developmental, chemical, or other types) of hidden or visible disabilities. NCIL recommends establishing a national Technical Assistance program to improve WIA One-Stop Center services to people with disabilities. This would include a provision for CILs to conduct accessibility assessments and to provide technical assistance to One-Stop Centers. CILs would continue to inform people with disabilities about services available through One-Stop Job Centers. CILs would also be responsible for training One-Stop Center staff to better understand the requirements of Section 188 of WIA, which addresses accessibility and discrimination.

Solution: Amend CHAPTER 3, Sec. 121 (b) One-Stop Partners (1) change required partners to include Independent Living Centers as a required One-Stop Partner.

In Chapter 6, General Provisions - Subtitle D--National Programs, Section 174 - AUTHORIZATION OF APPROPRIATIONS needs to establish a national Technical Assistance program to improve services to people with disabilities. Establishment of this national program needs to include a provision designating $76 million dollars per year, for each year covered in reauthorization, for CILs to conduct accessibility assessments and to provide technical assistance to One-Stop Centers. CILs will work to increase the knowledge of people with disabilities concerning the services available through One-Stop Job Centers. CILs would also be responsible for training One-Stop Job Center staff to better understand the requirements of Section 188 of WIA.

• One-Stop Centers Must Be Near Accessible Public Mass Transit

WIA One-Stop Centers should be located within a one-block radius of accessible mass transit.  Job seekers who likely have little to no income, especially people with disabilities, rely on accessible public transportation and should be able to obtain federally-funded services within walking distance from such transportation.

Solution: Amend SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES, (d) Required Local Employment and Training Activities, (3) Intensive services, (C) Types of services to include accessible transportation to people with disabilities as a required intensive service to assist people with disabilities in entering the workforce.

Amend CHAPTER 1--STATE PROVISIONS, SEC. 112. (b) --The State plan shall encourage the development of new One-Stop Job Centers on accessible transit routes and pedestrian rights–of-way in areas where mass transit services are available.

Amend CHAPTER 2, SEC. 118. (a) (b) --The local plan shall include--(1) an identification of an assurance that all local One-Stop Job Centers will be located within a one-block radius of a transit stop served by an accessible transit vehicle that has an accessible route to the One-Stop Center.

• Increased Participation of People with Disabilities on Workforce Investment Boards (WIBs)

WIA was written in an attempt to develop Workforce Investment Councils and local boards that represented the state and local community. However, people with disabilities are still not involved in shaping workforce development policy because they are not adequately represented on Statewide Councils or Local WIBs. NCIL recommends that at least two members of State Workforce Investment Board be people with disabilities. Additionally, NCIL urges the Subcommittee to consider including Centers for Independent Living as a required One-Stop Partner.

Solution: Amend CHAPTER 1, SEC. 111. (b) Membership to read that two members of the State Workforce Investment Board will be people with disabilities who are current or former One-Stop Center clients.
Amend CHAPTER 2, SEC. 117 (b) Membership.--(2) Composition.--(A) shall include-- two members of local Workforce Investment Boards will be people with disabilities.

Amend Title II of the Rehabilitation Act of 1973, SEC. 405. RESEARCH AND TRAINING Sec. 200, the purpose of this title needs to be expanded to include the education and training of people with disabilities to increase their capacity to serve on Workforce Investment Boards. For each fiscal year, the Commissioner and the Director of the National Institute on Disability and Rehabilitation Research shall reserve 1% of the funds appropriated for programs that train people with disabilities to serve on Workforce Investment Boards.

• Provide Assurances that the DSU Will Ensure Consumers Are Informed of All WIA and Partner Services
  

Many State VR agencies fail to either understand, or embrace their two-pronged role of WIA partner and advocate for people with disabilities to ensure that people with disabilities are receiving services from all WIA partners in a fair and equitable manner. NCIL believes that cooperative agreements with other components of statewide workforce investment systems should help to provide an assurance that the designated state unit will serve as an advocate for people with disabilities to ensure that they are receiving the services required by all WIA partners.

Solution: Amend TITLE I--VOCATIONAL REHABILITATION SERVICES, PART A, SEC. 101. (11) (A) Cooperative agreements with other components of statewide workforce investment systems to read the State plan shall provide an assurance that the designated state unit will serve as an advocate for people with disabilities to ensure that they are receiving the services required by all WIA partners.

Thank you for your consideration. NCIL looks forward to working with you in the coming months to reauthorize the Workforce Investment Act, including reauthorizing the Rehabilitation Act of 1973, as amended, with new and improved policies long overdue. Please do not hesitate to contact Deb Cotter, of NCIL policy staff at (202) 207-0334, ext. 1008 or deb@ncil.org.
Sincerely,

           
John Lancaster                                    Kelly Buckland    
Executive Director                               President